**PART I - SECTION D**

PACKAGING AND MARKING

**D. 1 PREPARATION FOR DELIVERY (DATA ITEMS)**

Data furnished hereunder shall be adequately packaged to assure safe
delivery at destination.

**D.2 CONTENT OF DELIVERABLES**

Technical reports/plans shall be delivered in the form of a reproducible
master and three paper copies, as well as one digital (diskette) copy of
the text (draft, final, or otherwise) prepared on the contractor's word
processor or an electronically-delivered e-mail copy. The contractor is
to provide a camera-ready copy or digital image of any photos, figures,
or drawings used in the reports. Technical presentation shall be in
accordance with good commercial practices.

**D.3 WJHTC 3.10.1-1** **Preservation, Packaging, and Marking** (August
2002)

The Contractor shall ensure all deliverables (e.g., reports, materials,
hardware, and software, etc.) applicable to this contract and all
Delivery Orders issued under this contract, if applicable, are prepared
for shipment in accordance with the contractor's best commercial
practice to protect delivery to the Government from damage,
contamination, and deterioration during shipping and handling. All
deliverables must contain the name of the contractor, contract number,
delivery order number, description of items contained therein,
consignees' name and address, and if applicable, packages containing
software or other magnetic media shall be marked on external container
with a notice reading substantially as follows: "CAUTION:
SOFTWARE/MAGNETIC MEDIA ENCLOSED. DO NOT EXPOSE TO HEAT OR MAGNETIC
FIELDS."

NOTE: If more than one package is shipped, it shall be marked "1 of
\_\_\_," etc.

(End of Clause)

**PART I - SECTION E**

INSPECTION AND ACCEPTANCE

**E.1 3.1-1** **Clauses and Provisions Incorporated by Reference**
(December 2005)\
\
This screening information request (SIR) or contract, as applicable,
incorporates by reference the provisions or clauses listed below with
the same force and effect as if they were given in full text. Upon
request, the Contracting Officer will make the full text available, or
offerors and contractors may obtain the full text via Internet at:\
[http://conwrite.faa.gov](http://conwrite.faa.gov/) (on this web page,
select \"Search and View Clauses\").

**3.10.4-4 Inspection of Services\--Both Fixed-Price & Cost
Reimbursement** (April 1996)

**3.10.4-8 Inspection of Research and Development (Short Form)** (April
1996)

**PART I - SECTION F**

# DELIVERIES OR PERFORMANCE

**F.1 3.1-1** **Clauses and Provisions Incorporated by Reference**
(December 2005)\
\
This screening information request (SIR) or contract, as applicable,
incorporates by reference the provisions or clauses listed below with
the same force and effect as if they were given in full text. Upon
request, the Contracting Officer will make the full text available, or
offerors and contractors may obtain the full text via Internet at:\
[http://conwrite.faa.gov](http://conwrite.faa.gov/) (on this web page,
select \"Search and View Clauses

9.  **Stop-Work Order** (October 1996)

**3.10.1-9/Alt1 Stop-Work Order** (October 1996)

**3.10.1-11 Government Delay of Work** (April 1996)

**3.10.1-24 Notice of Delay** (November 1997**)**

34. **F.O.B. Destination** (April 1999)

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

**F.2 WJHTC 3.2.2.8-1 -- Period of Performance** **(August 2002)**

The period of performance for this requirement shall commence upon award
and shall be completed within eighteen (18) months from that date.

(End of Clause)

**F.3 WJHTC 3.10.1-2** **Place of Performance** (August 2002)

The efforts to be accomplished under this contract will be performed
primarily at Contractor's Facility.

(End of Clause)

**F.4 WJHTC 3.10.1-5** **Place of Delivery** (August 2002)

All deliverables and reports specified in the Statement of Work and
Schedule shall be submitted under transmittal letter to the attention of
the cognizant Contracting Officer's Technical Representative (COTR) for
this contract at the following address:

U. S. Department of Transportation

Federal Aviation Administration

William J. Hughes Technical Center

Attn: Robert McGuire, AJP-6360 <robert.j.mcguire@faa.gov>

Atlantic City International Airport, NJ 08405

A copy of each transmittal letter shall also be delivered to the
Contracting Officer at the following address:

U. S. Department of Transportation

Federal Aviation Administration

William J. Hughes Technical Center

Attn: Anna M. Marinaro <anna.marinaro@faa.gov>

Acquisition Services Group, AJP-7952

Atlantic City International Airport, N. J. 08405

(End of Clause)

**F.5 RUDDER STUDY -- FLIGHT SIMULATION DELIVERABLES**

**Contractor shall provide the following deliverables listed in the
schedule below:**

+----------+--------------------------------+--------------------------+
| **Objec  | #####                          | ####                     |
| tives:** | ## Description of Deliverables | ### Deliverable Schedule |
+----------+--------------------------------+--------------------------+
| **1**    | Initial Work Plan, including   | NLT one month of         |
|          | schedule, labor grade and work | contract award           |
|          | hour distribution, and planned |                          |
|          | milestones                     |                          |
+----------+--------------------------------+--------------------------+
| **2**    | Kickoff meeting, at location   | Within 45 days of        |
|          | of the Governments choice      | contract award (at       |
|          |                                | contractor's facility)   |
+----------+--------------------------------+--------------------------+
| **3**    | Monthly progress reports (See  | Due by first Wednesday   |
|          | Section J for format),         | of each month            |
|          | including Financial            |                          |
+----------+--------------------------------+--------------------------+
| **4**    | Conference calls               | Monthly, 1 week after    |
|          |                                | written progress report  |
|          |                                | is submitted             |
+----------+--------------------------------+--------------------------+
| **5**    | Progress Meetings              | A minimum of two         |
|          |                                | progress meetings per    |
|          |                                | year, at a location      |
|          |                                | determined by the        |
|          |                                | government. Additional   |
|          |                                | meetings may be          |
|          |                                | necessary as determined  |
|          |                                | by the government.       |
+----------+--------------------------------+--------------------------+
| **6**    | Draft Final Report documenting | 45 days prior to         |
|          | work accomplishments under     | contract completion      |
|          | this contract                  |                          |
+----------+--------------------------------+--------------------------+
| **7**    | Final Report, incorporating    | 30 days after draft      |
|          | all comments provided by the   | report is returned to    |
|          | Government                     | contractor by the        |
|          |                                | Government               |
+----------+--------------------------------+--------------------------+

**PART I -- SECTION G**

**CONTRACT ADMINISTRATION**

**G.1 3.1-1** **Clauses and Provisions Incorporated by Reference**
(December 2005)\
\
This screening information request (SIR) or contract, as applicable,
incorporates by reference the provisions or clauses listed below with
the same force and effect as if they were given in full text. Upon
request, the Contracting Officer will make the full text available, or
offerors and contractors may obtain the full text via Internet at:
[http://conwrite.faa.gov](http://conwrite.faa.gov/) (on this web page,
select \"Search and View Clauses\").

**3.10.1-22 Contracting Officer\'s Technical Representative** (July
1996)

**G.2 CONTRACT ADMINISTRATION**

\(a\) The Government Technical Representative POC:

U.S. Department of Transportation

Federal Aviation Administration

William J. Hughes Technical Center

Attn: Robert J. McGuire, Project Manager

AJP-6360, Building 300

Atlantic City International Airport, NJ 08405-0001

\(609\) 485-4494, Voice

\(609\) 485-4569, Fax

<Robert.j.McGuire@faa.gov>

> \(b\) The Contracting Officer for award and Contract Administration
> is:

Anna M. Marinaro, Contracting Officer

William J. Hughes Technical Center

Federal Aviation Administration

Acquisitions Services SubTeam, AJP-7952

Atlantic City International Airport, N. J. 08405

Telephone No.: (609) 485-4081

Fax No.: (609) 485-6766

<Anna.marinaro@faa.gov>

\(c\) Contractor's technical POC, address, and contract info (Print
Information below):

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

(Name and Title)

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

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

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

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

**G.3 INVOICING PROCEDURES**

The Contractor shall submit a properly executed original and two (2)
copies of the Contractor\'s regular invoice, identified by the Contract
Number to:

> Federal Aviation Administration
>
> DOT/FAA AMZ-110
>
> P.O. Box 25710
>
> Oklahoma City, OK 73125

Contractor\'s invoices must include the following items:

1\. Name and address of the contractor.

2\. Invoice number.

3\. Invoice date.

4\. Billing Period of Performance.

3\. Contract number or other authorization for supplies delivered or
services performed (including order number and contract line item
number).

4\. Description, quantity, unit of measure, unit price, and extended
price of supplies delivered or services performed.

5\. Shipping and payment terms (e.g., shipment number and date of
shipment, prompt payment discount terms). Bill of lading number and
weight of shipment will be shown for shipments on Government bills of
lading.

6\. Name and address of contractor official to which payment is to be
sent (must be the same as that in the contract or on a proper notice of
assignment).

7\. Name (where practicable), title, phone number, and mailing address
of person to be notified in event of a defective invoice.

8\. Any other information or documentation required by the contract
(such as evidence of shipment).

9\. For purposes of financial tracking the contractor's invoice should
provide the following information by each cost element :

a)  billed expenditures for the current billing period (indicate billed
    period);

b)  cumulative expenditures to date for the entire contract (cumulative
    expenses); and

c)  remaining unliquidated amounts with regard to funding allocations
    and budgets.

**G.3 CONTRACTOR REMITTANCE ADDRESS**

Contractor remittance address, if different from that shown on the face
page of this document:

###### \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Contractor\'s Name

###### \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 

Address

###### \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

City, State, and Zip Code

If payment may be made via the electronic funds transfer method, the
contractor shall complete the following:

1\. Bank Name and Address:
[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

2\. Routing Transit Number:
[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

3\. Depositor Account Title:
[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

4\. Depositor Account Number:
[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

5\. Other Information:
[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

**G.4 NTERPRETATION OR MODIFICATION**

No oral statement of any person, and no written statement of anyone
other than the Contracting Officer, or his/her authorized representative
shall modify or otherwise effect the terms or meaning of the schedule or
specifications. All requests for interpretation or modification shall be
made in writing to the Contracting Officer.

**G.5 WJHTC 3.3.2-1 -- Travel** (August 2002)

The Contractor shall be reimbursed on a cost-plus-no-fee/profit basis
for transportation costs performance of the contract. All reimbursement
of travel costs shall be in accordance with the Federal Travel
Regulations at
<http://www.policyworks.gov/org/main/mt/homepage/mtt/FTR/FTRHP.shtml>.
Current travel and per diem reimbursement rates may be obtained via the
Internet at
<http://www.policyworks.gov/org/main/mt/homepage/mtt/perdiem/travel.shtml>

Normal commuting expenses are not allowed.

The Contractor shall only incur travel expenses when the
contract/delivery order/award authorizes them [AND]{.underline} prior
approval is received from the COTR. Blanket agreements for periods of
time or individual trips may be used, depending on the circumstances.

**G.6 WJHTC 3.6.2-1 - Observance of Legal Holidays and Excused Absence**
(September 2002)

A.  Government personnel observe the following listed days as holidays:

New Year\'s Day January 1

Martin Luther King\'s Birthday 3^rd^ Monday in January

President\'s Birthday 3^rd^ Monday in February

Memorial Day Last Monday in May

Independence Day July 4

Labor Day 1^st^ Monday in September

Columbus Day 2^nd^ Monday in October

Veteran\'s Day November 11

Thanksgiving Day 4^th^ Thursday in November

Christmas December 25

When one of the above designated holidays falls on a Sunday, the
following Monday will be observed as a legal holiday. When a legal
holiday falls on a Saturday, the preceding Friday is observed as a
holiday.

B. In addition to the days designated as holidays, the Government
observes the following days:

> Any other day designated by Federal Statute
>
> Any other day designated by Executive Order

Any other day designated by the President\'s Proclamation

Any other day designed by the Center Director

C. It is understood and agreed between the Government and the Contractor
that observance of such days by Government personnel shall not otherwise
be a reason for an additional period of performance. In the event the
Contractor\'s personnel work during the holiday, no form of holiday or
other premium compensation will be reimbursed, other than their normal
compensation for the time worked.

D. When the Federal, State, Local and other governmental entities grant
excused absence to its employees, assigned Contractor personnel may also
be dismissed; however, they will not be directly reimbursed for the
excused absence.

E. Information about Center delayed openings or closings may be obtained
by calling (609) 485-6100.

**G.7 CONTRACTING OFFICER**

The Contracting Officer assigned to this contract has responsibility for
ensuring the performance of all necessary actions for effective
contracting; ensuring compliance with the terms of the contract and
safeguarding the interests of the United States in its contractual
relationships. In this regard, the Contracting Officer is the only
individual who has the authority to enter into, administer, or terminate
this contract. In addition, the Contracting Officer is the only person
authorized to approve changes to any of the requirements under this
contract, and notwithstanding any provision contained elsewhere in this
contract, the said authority remains solely with the Contracting
Officer.

##### PART I - SECTION H

**SPECIAL CONTRACT REQUIREMENTS**

**H.1 3.1-1** **Clauses and Provisions Incorporated by Reference**
(December 2005)\
\
This screening information request (SIR) or contract, as applicable,
incorporates by reference the provisions or clauses listed below with
the same force and effect as if they were given in full text. Upon
request, the Contracting Officer will make the full text available, or
offerors and contractors may obtain the full text via Internet at:\
[http://conwrite.faa.gov](http://conwrite.faa.gov/) (on this web page,
select \"Search and View Clauses\").

**H.2 3.8.2-17 Key Personnel and Facilities** (July 1996)

\(a\) The personnel and/or facilities as specified below are considered
essential to the work being performed hereunder and may, with the
consent of the contracting parties, be changed from time to time during
the course of the contract.\
\
(b) Prior to removing, replacing, or diverting any of the specified
personnel and/or facilities, the Contractor shall notify in writing, and
receive consent from, the Contracting Officer reasonably in advance of
the action and shall submit justification (including proposed
substitutions) in sufficient detail to permit evaluation of the impact
on this contract.\
\
(c) No diversion shall be made by the Contractor without the written
consent of the Contracting Officer.\
\
(d) The key personnel and/or facilities under this contract are: \[List
key personnel and/or facilities\]\
\
\
P[rincipal Investigator: (Full name and address):]{.underline}
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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

[Facility (insert complete address]{.underline}):
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Contractor's Facility
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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

[Facility (insert complete address]{.underline}):
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Location of Flight Simulator
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

If different from Contractor's Facility
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\
(End of clause)

**PART II - SECTION I**

CONTRACT CLAUSES

**3.1-1** **Clauses and Provisions Incorporated by Reference** (December
2005)\
\
This screening information request (SIR) or contract, as applicable,
incorporates by reference the provisions or clauses listed below with
the same force and effect as if they were given in full text. Upon
request, the Contracting Officer will make the full text available, or
offerors and contractors may obtain the full text via Internet at:\
[http://conwrite.faa.gov](http://conwrite.faa.gov/) (on this web page,
select \"Search and View Clauses\").

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

**3.1.7-2 Organizational Conflicts of Interest (August 1997)**

5.  **Disclosure of Conflicts of Interest (May 2001)**

**3.2.2.3-8 Audit and Records (July 2004)**

3.2.2.3-25 Reducing the Price of a Contract or Modification for
Defective Cost or Pricing Data (July 2004)

27. **Subcontractor Cost or Pricing Data (July 2004)**

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30. **Termination of Defined Benefit Pension Plans (July 2004)**

**3.2.2.3-33 Order of Precedence (July 2004)**

3.2.2.3-36 Reversing or Adjusting Plans for Postretirement Benefits
Other Than Pensions (PRB) (July 2004)

**3.2.2.3-75 Requests for Contract Information (July 2004)**

6.  **Protecting the Government\'s Interest when Subcontracting with**

**Contractors Debarred, Suspended, or Proposed for Debarment (April
1996)**

2.  Cost Accounting Standards (April 1996)

**3.2.3-3 Disclosure and Consistency of Cost Accounting Practices (April
1996)**

3.2.3-5 Administration of Cost Accounting Standards (April 1996)

3.2.4-5 Allowable Cost and Payment (April 2001)

**3.2.5-1 Officials Not to Benefit (April 1996)**

**3.2.5-3 Gratuities or Gifts (January 1999)**

**3.2.5-4 Contingent Fees (October 1996)**

**3.2.5-5 Anti-Kickback Procedures (October 1996)**

7.  Disclosure Regarding Payments to Influence Certain Federal

Transactions (June 1999)

**3.2.5-8 Whistleblower Protection for Contractor Employees (April
1996)**

3.3.1-12 Limitation of Cost (April 1996)

**3.3.1-15 Assignment of Claims (April 1996)**

**3.3.1-17 Prompt Payment (January 2003)**

**3.3.2-1 FAA Cost Principles (October 1996)**

**3.4.1-11 Insurance -- Liability to Third Persons (October 1996)**

3.4.1-12 Insurance (July 1996)

3.4.2-6 Taxes\--Contracts Performed in U.S. Possessions or Puerto Rico
(October 1996)

**3.5-1 Authorization and Consent (April 1996)**

**3.5-1/alt1 Authorization and Consent Alternate I (April 1996)**

3.5-2 Notice and Assistance Regarding Patent and Copyright Infringement
(April 1996)

10. **Patent Rights\--Retention by the Contractor (Short Form)
    (October**

**1996)**

11. **Patent Rights\--Retention by the Contractor (Long Form) (October**

**1996)**

12. **Patent Rights\--Acquisition by the Government (October 1996)
    (Note:**

> **Applies if the work is to be performed outside the US, its
> possessions,**
>
> **and Puerto Rico by contractors that are not small business firms,**
>
> **nonprofit organizations, or domestic firms.)**

**3.5-13 Rights in Data\--General (October 1996)**

**3.5-13/alt4 Rights in Data\--General Alternate IV (October 1996)**

**3.5-13/alt5 Rights in Data\--General Alternate V (October 1996)**

15. Additional Data Requirements (April 1996)

**3.6.1-3** **Utilization of Small, Small Disadvantaged, Women-Owned,
and Service-Disabled Veteran Owned Small Business Concerns (September
2001)**

**3.6.1-4 Small, Small Disadvantaged, Women-Owned and Service-Disabled
Veteran Owned Small Business Subcontracting Plan (April 2007)**

6.  Liquidated Damages\--Subcontracting Plan (September 2001)

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11. **Notification of Visa Denial (April 1996) (Note: Applies when
    contract**

**clause 3.6.2.9 is used and the contractor is required to perform in
or**

**on behalf of a foreign country).**

2.  **Convict Labor (April 1996)**

**3.6.2-9 Equal Opportunity (August 1998)**

12. **Affirmative Action for Special Disabled and Vietnam Era Veterans**

**(January 1998)**

**3.6.2-13 Affirmative Action for Workers With Disabilities (April
2000)**

**3.6.2-14 Employment Reports on Special Disabled Veterans and Veterans
of Vietnam Era (January 1998)**

**3.6.2-16 Notice to the Government of Labor Disputes (April 1996)**

**3.6.2-28 Service Contract Act of 1965, as Amended (April 1996)**

**3.6.2-37 Notification of Employees Rights Concerning Payment of Unio
Dues or Fees (April 2007)**

**3.6.2-39 Trafficking in Persons (July 2007)**

**3.6.3-2 Clean Air and Clean Water (April 1996)**

**3.6.3-11 Toxic Chemical Release Reporting (August 1998)**

**3.6.3-16 Drug Free Workplace (January 2004)**

**3.6.4-5 Buy American -- Steel and Manufactured Products (July 1996)**

**3.6.4-10 Restrictions on Certain Foreign Purchases (April 1996)**

**3.9.1-1 Contract Disputes (November 2002)**

**3.9.1-2 Protest After Award (August 1997)**

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

**3.10.1-3 Penalties for Unallowable Costs (October 1996)**

**3.10.1-7 Bankruptcy (April 1996)**

**3.10.1-13/alt5 Changes-Cost Reimbursement -Alternate V (April 1996)**

**3.10.1-25 Novation and Change-Of-Name Agreements (January 2003)**

**3.10.6-3 Termination (Cost-Reimbursement) (October 1996)**

**3.10.6-7 Excusable Delays (October 1996)**

**3.13-5 Seat Belt Use by Contractor Employees (January 1999)**

**\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--**

**3.1.7-6 Disclosure of Certain Employee Relationships** (October
2006)**\
**\
(a) The policy of the FAA is to avoid doing business with contractors,
subcontractors, and consultants who have a conflict of interest or an
appearance of a conflict of interest. The purpose of this policy is to
maintain the highest level of integrity within its workforce and to
ensure that the award of procurement contracts is based upon fairness
and merit.\
\
(b) The contractor must provide to the Contracting Officer the following
information with its proposal and must provide an information update
within 30 days of the award of a contract, any subcontract, or any
consultant agreement, or within 30 days of the retention of a Subject
Individual or former FAA employee subject to this clause:\
\
(1) The names of all Subject Individuals who:\
\
(i) participated in preparation of proposals for award; or\
(ii) are planned to be used during performance; or\
(iii) are used during performance; and\
\
(2) The names of all former FAA employees, retained by the contractor
who were employed by FAA during the two year period immediately prior to
the date of:\
\
(i) the award; or\
(ii) their retention by the contractor; and\
\
(3) The date on which the initial expression of interest in a future
financial arrangement was discussed with the contractor by any former
FAA employee whose name is required to be provided by the contractor
pursuant to subparagraph (2); and\
\
(4) The location where any Subject Individual or former FAA employee
whose name is required to be provided by the contractor pursuant to
subparagraphs (1) and (2), are expected to be assigned.\
\
(c) \"Subject Individual\" means a current FAA employee\'s father,
mother, son, daughter, brother, sister, uncle, aunt, first cousin,
nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother,
stepson, stepdaughter, stepbrother, stepsister, half brother, half
sister, spouse of an in-law, or a member of his/her household.\
\
(d) The contractor must incorporate this clause into all subcontracts or
consultant agreements awarded under this contract and must further
require that each such subcontractor or consultant incorporate this
clause into all subcontracts or consultant agreements at any tier
awarded under this contract unless the Contracting Officer determines
otherwise.\
\
(e) The information as it is submitted, must be certified as being true
and correct. If there is no such information, the certification must so
state.\
\
(f) Remedies for nondisclosure: The following are possible remedies
available to the FAA should a contractor misrepresent or refuse to
disclose or misrepresent any information required by this clause:\
\
(1) Termination of the contract.\
(2) Exclusion from subsequent FAA contracts.\
(3) Other remedial action as may be permitted or provided by law or
regulation or policy or by the terms of the contract.\
\
(g) Annual Certification. The contractor must provide annually, based on
the anniversary date of contract award, the following certification in
writing to the Contracting Officer:\
\
ANNUAL CERTIFICATION OF DISCLOSURE OF CERTAIN EMPLOYEE RELATIONSHIPS\
\
The contractor represents and certifies that to the best of its
knowledge and belief that during the prior 12 month period:\
\
\[ \] A former FAA employee(s) or Subject Individual(s) has been
retained to work under the contract or subcontract or consultant
agreement and complete disclosure has been made in accordance with
subparagraph (b) of AMS Clause 3.1.7-6.\
\
\[ \] No former FAA employee(s) or Subject Individual(s) has been
retained to work under the contract or subcontract or consultant
agreement, and disclosure required by AMS Clause 3.1.7-6 is not
applicable.\
\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Authorized Representative\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Company Name\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Date\
\
(End of clause)

39. **Requirements for Cost or Pricing Data or Other Information --**

**Modifications** (July 2004)\
\
(a) When there are price adjustments in the contract, the Contractor
(you, your) must submit the following:\
\
(1) A certificate of current cost or pricing data (CCCPD) described in
paragraph (e), or\
\
(2) For information other than current cost or pricing data (CPD), a
request for an exception to CCCPD. You must request this exception from
the CO in writing with the following types of information or data that
would establish the reasonableness of the prices you offer:\
\
(i) Information on an exception you received on earlier or repetitive
acquisitions;\
\
(ii) Catalog price information including:\
\
(A) A dated catalog with the prices;\
\
(B) The applicable catalog pages; or\
\
(C) A statement that the catalog is on file in the contracts office that
will issue this contract modification;\
\
(iii) Information on the current discount policies and price lists
(published or unpublished), for example wholesale, original equipment
manufacturer, and reseller;\
\
(iv) Evidence of substantial sales to the general public for catalog
items that exceed \[Contracting Officer (CO) to insert extended value -
not unit price\]. Your evidence may consist of verifiable records such
as a sales order, contract, shipment, invoice, actual recorded sales; or
sales by your affiliates, other manufacturers or vendors when your price
proposal is based on sales of essentially the same commercial item. You
must also explain the relationship of the offered price to the (1)
established catalog price, or (2) the price of recent and substantial
sales of similar quantities of the items that were sold to the general
public at prices that differ from catalog or list prices;\
\
(v) The basis for the market price including:\
\
(A) The source, date or period of the market quotation;\
\
(B) Any other basis for the market price, the base amount, and
applicable discounts;\
\
(C). The nature of the market for the supply or service you are offering
(should be the same as or similar to the market price supply or
service); or\
\
(D) Data supporting substantial sales to the general public.\
\
(vi) Laws or regulations that establish your offered prices. If the
price is controlled under law by periodic rulings, reviews, or similar
actions of a governmental body, attach a copy of a controlling document
that you did not previously submit to the contracting office;\
\
(vii) Information on modifications of contracts or subcontracts for
commercial items that relate to the offered price, as follows:\
\
(A) If you received an exception based on adequate price competition,
catalog or market prices of commercial items, or prices set by law or
regulation under the original contract or subcontract, and this
modification is not covered by these exceptions, you must provide
information to establish that the modification would not change the
contract or subcontract from one for a commercial item to one for a
non-commercial item;\
\
(B) For commercial items, you may provide information on selling prices
of the same item or similar items in the commercial market; and\
\
(viii) Any other information the CO requests to support your request for
an exception or to conclude that your price is fair and reasonable.\
\
(b) You give the CO the right to examine books, records, documents, or
other directly pertinent records to verify your request for an exception
under this clause or the reasonableness of price at any time before
award.\
\
(c) The CO will not require you to provide access to cost or price
information or other data that apply to prices offered in the catalog or
marketplace.\
\
(d) Submitting information to qualify for an exception does not mean
that this is the only exception that may apply.\
\
(e) You must submit under paragraph (a):\
\
CERTIFICATE OF CURRENT COST OR PRICING DATA\
\
I certify that, to the best of my knowledge and belief, the cost or
pricing data we submit, either actually or by specific identification in
writing, to the Contracting Officer or to the Contracting Officer\'s
representative to support \[\*\] are accurate, complete, and current as
of \[\*\*\]. This certification includes the cost or pricing data
supporting any advance agreements and forward pricing rate agreements
between the us and the Government that are part of the proposal.\
\
\[Contractor insert the following information.\]\
\
Firm
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\
Signature
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\
Name
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\
Title
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\
Date of execution
\[\*\*\*\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\]\
\
\*Contractor identify the proposal, request for price adjustment, or
other submission involved, giving the appropriate identifying number
(for example, SIR No.)\
\
\*\* Contractor insert the day, month, and year when price negotiations
were concluded and price agreement was reached or, if applicable, an
earlier date agreed upon between the parties that is as close as
practicable to the date of a price agreement.\
\
\*\*\* Contractor insert the day, month, and year of signing, which
should be as close as practicable to the date when the price
negotiations were concluded and the parties agreed on the contract
price.\
\
(End of certificate)\
\
(End of clause)\
\
**3.2.4-6 Fixed Fee (April 2003)\
**\
(a) The FAA shall pay the Contractor for performing this contract the
fixed fee specified in the Schedule.\
\
(b) Payment of the fixed fee shall be made as specified in the Schedule;
provided, that after payment of 85 percent of the fixed fee, the
Contracting Officer shall withhold further payment of fee until a
reserve is set aside in an amount that the Contracting Officer considers
necessary to protect the FAA\'s interest. This reserve shall not exceed
15 percent of the total fixed fee or \$100,000, whichever is less.\
\
(End of Clause)

**3.14-2 Contractor Personnel Suitability Requirements (April 2004)**

\(a\) This clause applies to the extent that this contract requires
contractor employees, subcontractors, or consultants to have unescorted
access to FAA:\
(1) facilities,\
\
(2) sensitive information, and/or\
\
(3) resources regardless of the location where such access occurs, and
none of the exceptions of FAA Order 1600.72, Contractor and Industrial
Security Program, chapter 4, paragraphs 403g, 403i-I, and/or 409,
pertains.\
\
Definitions of applicable terminology are contained in the corresponding
guidance and Order 1600.72, appendix 1.\
\
(b) Consistent with FAA Order 1600.72, the FAA Servicing Security
Element (SSE) has approved designated risk levels for the following
positions under the contract:\
\
[Position]{.underline} [Risk Level]{.underline}\
Principal Investigator 1 ESCORT ONLY

Test Pilots 1 ESCORT ONLY

\(c\) Not later than \[CO to insert information here\] days, not to
exceed a maximum of 30 days, after contract award (or date of
modification, if this provision is included by modification to an
existing contract), for each employee in a listed position, provided, no
previous background investigations can be supported as described below,
the contractor shall submit the following documentation to the SSE for
an employment suitability determination:\
\
- Standard Form (SF) 85P, Questionnaire for Public Trust Positions,
revised September 1995. The SF 85P shall be completed (all questions
answered) in accordance with the instruction sheet.\
\
- One fingerprint card (FD-258). Fingerprinting facilities are available
through the SSE and local police department. All fingerprint cards shall
be written in black ink or typewritten with all answerable question
blocks completed and shall be signed and dated within the 60-day period
preceding the submission.\
\
The type of investigation conducted will be determined by the position
risk level designation for all duties, functions, and/or tasks performed
and shall serve as the basis for granting a favorable employment
suitability authorization as described in FAA Order 1600.72. If an
employee has had a previous Government-directed background investigation
which meets the requirements of Chapter 4 of FAA Order 1600.72, it will
be accepted by the FAA. However, the FAA reserves the right to conduct
further investigations, if necessary. For each contractor employee for
which a previous background investigation was completed, the Contractor
shall provide, in writing to the SSE, the name, date of birth, place of
birth, and social security number of the employee, the name of the
investigating entity, type of background investigation conducted, and
approximate date the previous background investigation was completed.\
\
The Contractor shall submit the required information with a transmittal
letter referencing the contract number and this request to:\
\
Federal Aviation Administration

Office of Civil Aviation, ACT-8\
William J. Hughes Technical Center

Atlantic City International Airport, NJ 08405\
\
The transmittal letter shall also include a list of all of the names of
contractor employees and their positions for which completed forms will
be submitted to the SSE pursuant to this Clause. A copy of the
transmittal letter shall also be provided to the Contracting Officer.\
\
(d) The contractor shall submit the information required by Section (c)
of this Clause for any new employee not listed in the Contractor\'s
initial thirty (30) day submission who is hired into any position
identified in Section (c) of this Clause.\
\
(e) The contracting officer will provide notice to the contractor when
any contractor employee is found to be unsuitable or otherwise
objectionable, or whose conduct appears contrary to the public interest,
or inconsistent with the best interest of national security. The
contractor shall take appropriate action, including the removal of such
employee from working on this FAA contract, at their own expense.\
\
(f) No contractor employee shall work in a high, moderate, or low risk
position unless the SSE has received all forms necessary to conduct any
required investigation and has authorized the contractor employee to
begin work. However, if this provision is added by modification to an
existing contract, contractor employees performing in the positions
listed above may continue work on the contract pending:\
\
(1) The submittal of all necessary forms within \[CO to insert
information\] days, but not to exceed a maximum of 30 days, and\
\
(2) completion of a suitability investigation by the SSE, subject to the
following conditions:\
\
(State any SSE conditions such as restricted access to sensitive
information or facilities. Specify information or facilities. If the SSE
imposes no conditions, state \"None\").\
\
(3) If the necessary forms are not submitted by the Contractor to the
SSE within 30 days of the effective date of the modification, the
contractor employee shall be denied access to FAA facilities, sensitive
information and/or resources until such time as the forms are submitted
and the SSE has approved the contractor employee to begin work.\
\
(g) As applicable, the Contractor shall submit quarterly reports to the
Contracting Officer with a copy to the SSE and the Operating Office on
or before the fifth (5th) day following each report period. This report
shall include a complete alphabetical listing of all current contractors
who have access to FAA facilities, sensitive information, and/or
resources.\
\
(h) The Contractor shall notify the CO within one (1) day after any
employee identified pursuant to Section (c) of this Clause is terminated
from performance on the contract.\
\
(i) The Contracting Officer may also, after coordination with the SSE
and other security specialists, require contractor employees to submit
any other security information (including additional fingerprinting)
deemed reasonably necessary to protect the interests of the FAA. In this
event, the Contractor shall provide, or cause each of its employees to
provide such security information to the SSE, and the same transmittal
letter requirements of Section (c) of this Clause shall apply.\
\
(j) The contractor and/or subcontractor(s) will immediately contact the
Servicing Security Elements (Regional and/or Center Security Divisions)
or ASN-200 at Headquarters in the event an employee is arrested
(detained by law enforcement for any offenses, other than minor traffic
offenses) or is involved in theft of government property or the
contractor becomes aware of any information that may raise a question
about the suitability of a contractor employee.\
\
(k) Failure to submit information required by this clause within the
time required may be determined by the Contracting Officer a material
breach of the contract.\
\
(l) If subsequent to the effective date of this contract, the security
classification or security requirements under this contract are changed
by the Government and if the changes cause an increase or decrease in
direct contract costs or otherwise affect any other term or condition of
this contract, the contract shall be subject to an equitable
adjustment.\
\
(m) The contractor agrees to insert terms that conform substantially to
the language of this clause, including this paragraph (l) but excluding
any reference to the Changes clause of this contract, in all
subcontracts under this contract that involve access and where the
exceptions under Chapter 4, paragraphs 403g, 403i-I, and 409 of FAA
Order 1600.72 do not apply.\
\
(n) The contracting officer shall ensure the SSE receives a list of all
proposed contractor employees, the name of the contracting company,
contract number, duty location, identification of the funding line of
business, and the names of the contracting officers and COTR for each
contract within 5 days of contract award.\
\
(o) Contractor employees who have not undergone a background
investigation must be escorted at all times. In some instances, a
contractor employee may be required to serve as an escort. In this
situation, the contractor employee must have a completed and favorably
adjudicated National Agency Check with Inquiries (NACI).\
\
(End of clause)

**3.3.1-33** **Central Contractor Registration** (April 2006)\
\
(a) Definitions. As used in this clause\
\
\"Central Contractor Registration (CCR) database\" means the primary
Government repository for Contractor information required for the
conduct of business with the Government.\
\
\"Data Universal Numbering System (DUNS) number\" means the 9-digit
number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique
business entities.\
\
\"Data Universal Numbering System +4 (DUNS+4) number\" means the DUNS
number assigned by D&B plus a 4-character suffix that may be assigned by
a business concern. (D&B has no affiliation with this 4-character
suffix.) This 4-character suffix may be assigned at the discretion of
the business concern to establish additional CCR records for identifying
alternative Electronic Funds Transfer (EFT) accounts for the same parent
concern.\
\
\"Registered in the CCR database\" means that the Contractor has entered
all mandatory information, including the DUNS number or the DUNS+4
number, into the CCR database.\
\
(b)(1) By submission of an offer, the offeror acknowledges the
requirement that a prospective awardee shall be registered in the CCR
database prior to award, during performance, and through final payment
of any contract, basic agreement, basic ordering agreement, or blanket
purchasing agreement resulting from this solicitation.\
\
(2) The offeror shall enter, in Representations, Certifications and
Other Statements of Offerors Section of the solicitation, the DUNS or
DUNS +4 number that identifies the offeror\'s name and address exactly
as stated in the offer. The DUNS number will be used by the Contracting
Officer to verify that the offeror is registered in the CCR database.\
\
(c) If the offeror does not have a DUNS number, it should contact Dun
and Bradstreet directly to obtain one.\
\
(1) An offeror may obtain a DUNS number\
(i) If located within the United States, by calling Dun and Bradstreet
at 1-866-705-5711 or via the Internet at
[http://www.dnb.com](http://www.dnb.com/)/; or\
(ii) If located outside the United States, by contacting the local Dun
and Bradstreet office.\
\
(2) The offeror should be prepared to provide the following
information:\
(i) Company legal business.\
(ii) Tradestyle, doing business, or other name by which your entity is
commonly recognized.\
(iii) Company Physical Street Address, City, State, and ZIP Code.\
(iv) Company Mailing Address, City, State and ZIP Code (if different
from physical street address).\
(v) Company Telephone Number.\
(vi) Date the company was started.\
(vii) Number of employees at your location.\
(viii) Chief executive officer/key manager.\
(ix) Line of business (industry).\
(x) Company Headquarters name and address (reporting relationship within
your entity).\
\
(d) If the offeror does not become registered in the CCR database in the
time prescribed by the Contracting Officer, the Contracting Officer may
proceed to award to the next otherwise successful registered offeror.\
\
(e) Processing time, which normally takes 48 hours, should be taken into
consideration when registering. Offerors who are not registered should
consider applying for registration immediately upon receipt of this
solicitation.\
\
(f) The Contractor is responsible for the accuracy and completeness of
the data within the CCR database, and for any liability resulting from
the Government\'s reliance on inaccurate or incomplete data. To remain
registered in the CCR database after the initial registration, the
Contractor is required to review and update on an annual basis from the
date of initial registration or subsequent updates its information in
the CCR database to ensure it is current, accurate and complete.
Updating information in the CCR does not alter the terms and conditions
of this contract and is not a substitute for a properly executed
contractual document.\
\
(g)(1)(i) If a Contractor has legally changed its business name, \"doing
business as\" name, or division name (whichever is shown on the
contract), or has transferred the assets used in performing the
contract, but has not completed the necessary requirements regarding
novation and change-of-name agreements in AMS Procurement Guidance
T3.10.1.A-8, the Contractor shall provide the responsible Contracting
Officer a minimum of one business day\'s written notification of its
intention to:\
\
(A) change the name in the CCR database;\
(B) comply with the requirements of T3.10.1.A-8; and\
(C) agree in writing to the timeline and procedures specified by the
responsible Contracting Officer. The Contractor must provide the
Contracting Officer with the notification, sufficient documentation to
support the legally changed name.\
\
(ii) If the Contractor fails to comply with the requirements of
paragraph (g)(1)(i) of this clause, or fails to perform the agreement at
paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly
executed novation or change-of-name agreement, the CCR information that
shows the Contractor to be other than the Contractor indicated in the
contract will be considered to be incorrect information within the
meaning of the \"Suspension of Payment\" paragraph of the electronic
funds transfer (EFT) clause of this contract.\
\
(2) The Contractor shall not change the name or address for EFT payments
or manual payments, as appropriate, in the CCR record to reflect an
assignee for the purpose of assignment of claims. Assignees shall be
separately registered in the CCR database. Information provided to the
Contractor\'s CCR record that indicates payments, including those made
by EFT, to an ultimate recipient other than that Contractor will be
considered to be incorrect information within the meaning of the
\"Suspension of payment\" paragraph of the EFT clause of this contract.\
\
(h) Offerors and Contractors may obtain information on registration and
annual confirmation requirements via the internet at
[http://www.ccr.gov](http://www.ccr.gov/)/ or by calling 1-888-227-2423,
or 269-961-5757.\
\
(End of clause)

**3.3.1-34** **Payment by Electronic Funds Transfer/Central Contractor
Registration** (October 2005)\
\
(a) Method of payment.\
(1) All payments by the Government under this contract shall be made by
electronic funds transfer (EFT), except as provided in paragraph (a)(2)
of this clause. As used in this clause, the term \"EFT\" refers to the
funds transfer and may also include the payment information transfer.\
(2) In the event the Government is unable to release one or more
payments by EFT, the Contractor agrees to either---\
(i) Accept payment by check or some other mutually agreeable method of
payment; or\
(ii) Request the Government to extend the payment due date until such
time as the Government can make payment by EFT (but see paragraph (d) of
this clause).\
\
(b) Contractor\'s EFT information. The Government shall make payment to
the Contractor using the EFT information contained in the Central
Contractor Registration (CCR) database. In the event that the EFT
information changes, the Contractor shall be responsible for providing
the updated information to the CCR database.\
\
(c) Mechanisms for EFT payment. The Government may make payment by EFT
through either the Automated Clearing House (ACH) network, subject to
the rules of the National Automated Clearing House Association, or the
Fedwire Transfer System. The rules governing Federal payments through
the ACH are contained in 31 CFR Part 210.\
\
(d) Suspension of payment. If the Contractor\'s EFT information in the
CCR database is incorrect, then the Government need not make payment to
the Contractor under this contract until correct EFT information is
entered into the CCR database; and any invoice or contract financing
request shall be deemed not to be a proper invoice for the purpose of
prompt payment under this contract. The prompt payment terms of the
contract regarding notice of an improper invoice and delays in accrual
of interest penalties apply.\
\
(e) Liability for uncompleted or erroneous transfers.\
(1) If an uncompleted or erroneous transfer occurs because the
Government used the Contractor\'s EFT information incorrectly, the
Government remains responsible for---\
(i) Making a correct payment;\
(ii) Paying any prompt payment penalty due; and\
(iii) Recovering any erroneously directed funds.\
(2) If an uncompleted or erroneous transfer occurs because the
Contractor\'s EFT information was incorrect, or was revised within 30
days of Government release of the EFT payment transaction instruction to
the Federal Reserve System, and---\
(i) If the funds are no longer under the control of the payment office,
the Government is deemed to have made payment and the Contractor is
responsible for recovery of any erroneously directed funds; or\
(ii) If the funds remain under the control of the payment office, the
Government shall not make payment, and the provisions of paragraph (d)
of this clause shall apply.\
\
(f) EFT and prompt payment. A payment shall be deemed to have been made
in a timely manner in accordance with the prompt payment terms of this
contract if, in the EFT payment transaction instruction released to the
Federal Reserve System, the date specified for settlement of the payment
is on or before the prompt payment due date, provided the specified
payment date is a valid date under the rules of the Federal Reserve
System.\
\
(g) EFT and assignment of claims. If the Contractor assigns the proceeds
of this contract as provided for in the assignment of claims terms of
this contract, the Contractor shall require as a condition of any such
assignment, that the assignee shall register separately in the CCR
database and shall be paid by EFT in accordance with the terms of this
clause. Notwithstanding any other requirement of this contract, payment
to an ultimate recipient other than the Contractor, or a financial
institution properly recognized under an assignment of claims, is not
permitted. In all respects, the requirements of this clause shall apply
to the assignee as if it were the Contractor. EFT information that shows
the ultimate recipient of the transfer to be other than the Contractor,
in the absence of a proper assignment of claims acceptable to the
Government, is incorrect EFT information within the meaning of paragraph
(d) of this clause.\
\
(h) Liability for change of EFT information by financial agent. The
Government is not liable for errors resulting from changes to EFT
information made by the Contractor\'s financial agent.\
\
(i) Payment information. The payment or disbursing office shall forward
to the Contractor available payment information that is suitable for
transmission as of the date of release of the EFT instruction to the
Federal Reserve System. The Government may request the Contractor to
designate a desired format and method(s) for delivery of payment
information from a list of formats and methods the payment office is
capable of executing. However, the Government does not guarantee that
any particular format or method of delivery is available at any
particular payment office and retains the latitude to use the format and
delivery method most convenient to the Government. If the Government
makes payment by check in accordance with paragraph (a) of this clause,
the Government shall mail the payment information to the remittance
address contained in the CCR database.\
\
(End of clause)

**3.4.1-12** **Insurance** (July 1996)\
\
(a) During the term of this contract and any extension, the contractor
shall maintain at its own expense the insurance required by this clause.
Insurance companies shall be acceptable to the Federal Aviation
Administration. Policies shall include all terms and provisions required
by the Federal Aviation Administration.\
\
(b) The contractor shall maintain and furnish evidence of the following
insurance, with the stated minimum limits:\
\
(1) Worker\'s Compensation and Employer\'s Liability. The contractor
shall comply with applicable Federal and State workers\' compensation
and occupational disease statutes. The contractor shall maintain
employer\'s liability coverage of at least \$100,000, except in States
with exclusive or monopolistic funds that do not permit worker\'s
compensation to be written by private carriers.\
\
(2) General Liability. The contractor shall maintain bodily injury
general liability insurance written on a comprehensive form of policy of
at least \$100,000\* per person and \$500,000\* per occurrence. Property
damage limits, if any, will be set forth elsewhere in the \"Schedule.\"\
\
(3) Automobile Liability. If automobiles will be used in connection with
performance of this contract, the contractor shall maintain automobile
liability insurance written on a comprehensive form of policy with
coverage of at least \$200,000\* per person and \$500,000\* per
occurrence for bodily injury and \$20,000\* per occurrence for property
damage.\
\
(4) Aircraft Liability. If aircraft will be used in connection with
performance of this contract, the contractor shall maintain aircraft
public and passenger liability insurance with coverage of at least
\$200,000\* per person and \$500,000\* per occurrence for bodily injury
other than passenger liability, and \$200,000\* per occurrence for
property damage. Coverage for passenger liability bodily injury shall be
at least \$200,000\* multiplied by the number of seats or passengers,
whichever is greater.\
\
(5) Watercraft Liability When watercraft will be used in connection with
performing the contract, the contractor shall provide watercraft
liability insurance. Limits shall be at least \$1,000,000\* per
occurrence. The policy shall include coverage for owned, non-owned and
hired watercraft.\
\
(6) Environmental Impairment Liability. When the contract may involve
hazardous wastes, the contractor shall provide environmental impairment
liability insurance with coverage of at least \$1,000,000\* bodily
injury per occurrence and \$1,000,000\* property damage per occurrence.
Such insurance shall include coverage for the clean up, removal,
storage, disposal, transportation, and use of pollutants.\
\
(7) Medical Malpractice. When the contract will involve health care
services, the contractor shall maintain medical malpractice liability
insurance with coverage of at least \$500,000\* per occurrence.\
\
(c) Each policy shall include substantially the following provision:\
\
\"It is a condition of this policy that the company furnish written
notice to the U.S. Federal Aviation Administration 30 days in advance of
the effective date of any reduction in or cancellation of this
policy.\"\
\
(d) The contractor shall furnish a certificate of insurance or, if
required by the Contracting Officer, true copies of liability policies
and manually countersigned endorsements of any changes, including the
FAA\'s contract number to ensure proper filing of documents. Insurance
shall be effective, and evidence of acceptable insurance furnished,
before beginning performance under this contract. Evidence of renewal
shall be furnished not later than five days before a policy expires.\
\
(e) The maintenance of insurance coverage as required by this clause is
a continuing obligation, and the lapse or termination of insurance
coverage without replacement coverage being obtained will be grounds for
termination for default.\
\
\*Unless modified in the \"Schedule\"\
\
(End of clause)

**3.6.2-17** **Payment for Overtime Premiums** (April 1996)\
\
(a) The use of overtime is authorized under this contract if the
overtime premium cost does not exceed [\$0.00]{.underline} \*\[insert
amount\] or the overtime premium is paid for work\--\
\
(1) Necessary to cope with emergencies such as those resulting from
accidents, natural disasters, breakdowns of production equipment, or
occasional production bottlenecks of a sporadic nature;\
\
(2) By indirect-labor employees such as those performing duties in
connection with administration, protection, transportation, maintenance,
standby plant protection, operation of utilities, or accounting;\
\
(3) To perform tests, industrial processes, laboratory procedures,
loading or unloading of transportation conveyances, and operations in
flight or afloat that are continuous in nature and cannot reasonably be
interrupted or completed otherwise; or\
\
(4) That will result in lower overall costs to the Government.\
\
(b) Any request for estimated overtime premiums that exceeds the amount
specified above shall include all estimated overtime for contract
completion and shall\--\
\
(1) Identify the work unit; e.g., department or section in which the
requested overtime will be used, together with present workload,
staffing, and other data of the affected unit sufficient to permit the
Contracting Officer to evaluate the necessity for the overtime;\
\
(2) Demonstrate the effect that denial of the request will have on the
contract delivery or performance schedule;\
\
(3) Identify the extent to which approval of overtime would affect the
performance or payments in connection with other Government contracts,
together with identification of each affected contract; and\
\
(4) Provide reasons why the required work cannot be performed by using
multishift operations or by employing additional personnel.\
\
\*\[insert either \"zero\" or the dollar amount agreed to during
communications. The inserted figure does not apply to the exceptions in
subparagraph (a)(1) through (a)(4) of the clause.\]\
\
(End of clause)

**3.10.2-2** **Subcontracts (Cost-Reimbursement and Ceiling Priced
Contracts)** (October 1996)\
\
(a) Subcontract, as used in this clause, includes but is not limited to
purchase orders, and changes and modifications to purchase orders. The
Contractor shall notify the Contracting Officer reasonably in advance of
entering into any subcontract if:\
\
(1) The proposed subcontract is of the cost-reimbursement,
time-and-materials, or labor-hour type;\
\
(2) The proposed subcontract is fixed-price and exceeds either \$100,000
or 5 percent of the total estimated cost of this contract;\
\
(3) The proposed subcontract has experimental, developmental, or
research work as one of its purposes; or\
\
(4) This contract is not a facilities contract and the proposed
subcontract provides for the fabrication, purchase, rental,
installation, or other acquisition of special test equipment valued in
excess of \$25,000 or of any items of facilities.\
\
(b)\
(1) In the case of a proposed subcontract that\
(i) is of the cost-reimbursement, time-and-materials, or labor-hour type
and is estimated to exceed \$25,000, including any fee,\
(ii) is proposed to exceed \$100,000, or (iii) is one of a number of
subcontracts with a single subcontractor, under this contract, for the
same or related supplies or services that, in the aggregate, are
expected to exceed \$100,000, the advance notification required by
paragraph (a) above shall include the information specified in
subparagraph (2) below.\
\
(2)\
(i) A description of the supplies or services to be subcontracted.\
\
(ii) Identification of the type of subcontract to be used.\
\
(iii) Identification of the proposed subcontractor and an explanation of
why and how the proposed subcontractor was selected, including the
competition obtained.\
\
(iv) The proposed subcontract price and the Contractor\'s cost or price
analysis.\
\
(v) The subcontractor\'s current, complete, and accurate cost or pricing
data and Certificate of Current Cost or Pricing Data, if required by
other contract provisions.\
\
(vi) The subcontractor\'s Disclosure Statement or Certificate relating
to Cost Accounting Standards when such data are required by other
provisions of this contract.\
\
(vii) A negotiation memorandum reflecting-\
\
(A) The principal elements of the subcontract price negotiations;\
\
(B) The most significant considerations controlling establishment of
initial or revised prices;\
\
(C) The reason cost or pricing data were or were not required;\
\
(D) The extent, if any, to which the Contractor did not rely on the
subcontractor\'s cost or pricing data in determining the price objective
and in negotiating the final price;\
\
(E) The extent to which it was recognized in the negotiation that the
subcontractor\'s cost or pricing data were not accurate, complete, or
current; the action taken by the Contractor and the subcontractor; and
the effect of any such defective data on the total price negotiated;\
\
(F) The reasons for any significant difference between the Contractor\'s
price objective and the price negotiated; and\
\
(G) A complete explanation of the incentive fee or profit plan when
incentives are used. The explanation shall identify each critical
performance element, management decisions used to quantify each
incentive element, reasons for the incentives, and a summary of all
trade-off possibilities considered.\
\
(c) The Contractor shall obtain the Contracting Officer\'s written
consent before placing any subcontract for which advance notification is
required under paragraph (a) above. However, the Contracting Officer may
ratify in writing any such subcontract. Ratification shall constitute
the consent of the Contracting Officer.\
\
(d) If the Contractor has an approved purchasing system and the
subcontract is within the scope of such approval, the Contractor may
enter into the subcontracts described in subparagraphs (a)(1) and (a)(2)
of this clause without the consent of the Contracting Officer.\
\
(e) Even if the Contractor\'s purchasing system has been approved, the
Contractor shall obtain the Contracting Officer\'s written consent
before placing subcontracts identified below:\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\
(f) Unless the consent or approval specifically provides otherwise,
neither consent by the Contracting Officer to any subcontract nor
approval of the Contractor\'s purchasing system shall constitute a
determination:\
\
(1) of the acceptability of any subcontract terms or conditions,\
\
(2) of the allowability of any cost under this contract, or\
\
(3) to relieve the Contractor of any responsibility for performing this
contract.\
\
(g) No subcontract placed under this contract shall provide for payment
on a cost-plus-a-percentage-of-cost basis.\
\
(h) The Contractor shall give the Contracting Officer immediate written
notice of any action or suit filed and prompt notice of any claim made
against the Contractor by any subcontractor or vendor that, in the
opinion of the Contractor, may result in litigation related in any way
to this contract, with respect to which the Contractor may be entitled
to reimbursement from the Government.\
\
(i)\
\
(1)Reserved.\
\
(2) Additionally, the Contractor shall include in each cost-
reimbursement subcontract under this contract a requirement that the
subcontractor insert the substance of the appropriate modified
subparagraph referred to in subparagraph (1) above in each lower tier
price redetermination or incentive price revision subcontract under that
subcontract.\
\
(j) To facilitate small business participation in subcontracting, the
Contractor agrees to provide payments on subcontracts under this
contract that are fixed-price subcontracts with small business concerns
in conformity with the standards for customary payments, as in effect on
the date of this contract. The Contractor further agrees that the need
for such financing payments will not be considered a handicap or adverse
factor in the award of subcontracts.\
\
(k) The Government reserves the right to review the Contractor\'s
purchasing system.\
\
(End of clause)

**3.14-3** **Foreign Nationals as Contractor Employees** (July 2006)\
\
(a) Each employee of the contractor must be a citizen of the United
States of America, or an alien who has been lawfully admitted for
permanent residence as evidenced by Alien Registration Receipt Card Form
I-151, or who presents other evidence from the U.S. Citizenship and
Immigration Service that employment must not affect his/her immigration
status.\
(b) Aliens and foreign nationals proposed under this contract must meet
the following conditions in accordance with FAA Order 1600.72A, chapter
5, paragraph 7 & 8:\
(1) Must have resided within the United States for three (3) of the last
five (5) years unless a waiver of this requirement is requested and
approved in accordance with the requirements stated in FAA Order
1600.72A, chapter 5, paragraph 9;\
(2) A risk or sensitivity level designation can be made for the
position; and\
(3) The appropriate security-related background investigation/inquiry
can be adequately conducted.\
(c) Interim suitability requirements may not be applied unless the
position is low/moderate in risk, and/or temporary, and/or is not in a
critical area position.\
\
(End of clause)

**3.14-5 Sensitive Unclassified Information (SUI)** (April 2003)

\(a\) Sensitive information shall be restricted to specific contractors
who:\
\
(1) have a need \"to know\" to perform contract tasks;\
\
(2) meet personnel suitability security requirements to access sensitive
information; and\
\
(3) successfully complete a non-disclosure agreement (NDA).\
\
(b) The contractor shall develop and implement procedures to ensure that
sensitive information is handled in accordance with FAA requirements and
at a minimum, will address:\
\
(1) steps to minimize risk of access by unauthorized persons during
business and non-business hours to include storage capability;\
\
(2) procedures for safeguarding during electronic transmission (voice,
data, fax) mailing or hand carrying;\
\
(3) procedures for protecting against co-mingling of information with
general contractor data system/files;\
\
(4) procedures for marking documents with both the protective marking
and the distribution limitation statement as needed;\
\
(5) procedures for the reproduction of subject material;\
\
(6) procedures for reporting unauthorized access; and\
\
(7) procedures for the destruction and/or sanitization of such
material.\
\
(End of clause)

**PART III - SECTION J**

LIST OF ATTACHMENTS

**ATTACHMENT A -- FINAL REPORT -- PILOTED SIMULATON STUDY TO DEVELOP**

> **TRANSPORT AIRCRAFT RUDDER CONTROL SYSTEM REQUIREMENTS; HAI TECHNICAL
> REPORT 1137-4,**
>
> **DATED APRIL 14, 2007 122 Pages**

**ATTACHMENT B -- SIMULATION TEST PLAN TO DEVELOP TRANSPORT**

**AIRCRAFT RUDDER CONTROL SYSTEM REQUIREMENTS;**

**PHASE 1 -- DETERMINE SIMULATOR MOTION**

**REQUIREMENTS (Rev 1 NASA AMES VMS**

**SIMULATOR TEST); HAI TECHNICAL**

**REPORT 1137-1, DATED JANUARY 5, 2007 41 Pages**

**ATTACHMENT C - GENERAL INSTRUCTIONS FOR PREPARING A 18 Pages**

**NUMBERED PARAGRAPH SUBORDINATION**

**TYPE TECHNICAL DOCUMENT**

**ATTACHMENT D - BUSINESS DECLARATION FORM 1 Page**

              

###### ATTACHMENT E - FORMAT FOR MONTHLY STATUS REPORTS 1 Page 

**PART IV - SECTION K**

**REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS**

**K.1 3.1-1** **Clauses and Provisions Incorporated by Reference**
(December 2005)\
\
This screening information request (SIR) or contract, as applicable,
incorporates by reference the provisions or clauses listed below with
the same force and effect as if they were given in full text. Upon
request, the Contracting Officer will make the full text available, or
offerors and contractors may obtain the full text via Internet at:\
[http://conwrite.faa.gov](http://conwrite.faa.gov/) (on this web page,
select \"Search and View Clauses\").

**3.6.3-1 Clean Air and Water Certification (April 2000)**

**3.6.2-5 Certification of Nonsegregated Facilities** (April 1996)

**\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--**

**K.2 3.2.2.3-10 Type of Business Organization** (July 2004)

By checking the applicable box, the offeror (you) represents that\--\
\
(a) You operate as \[ \] a corporation incorporated under the laws of
the State of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ , \[ \] an
individual, \[ \] a partnership, \[ \] a nonprofit organization, \[ \] a
joint venture or \[ \] other \_\_\_\_\_\_\_\_\_\_\_\_\[specify what type
of organization\].\
\
(b) If you are a foreign entity, you operate as \[ \] an individual, \[
\] a partnership, \[ \] a nonprofit organization, \[ \] a joint venture,
or \[ \] a corporation, registered for business in
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
.\
(country)\
\
(End of provision)

**K.3 3.2.2.3-15 Authorized Negotiators** (July 2004)

The offeror states that the following persons are authorized to
negotiate on your behalf with the FAA in connection with this offer:\
Name:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Title:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Phone number:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\
(End of provision)

**K.4 3.2.2.3-23 Place of Performance** (July 2004)

\(a\) The offeror (you), in fulfilling any contract resulting from this
SIR, \[ \] intends, \[ \] does not intend (check applicable block) to
use one or more plants or facilities located at a different address from
your address as stated in this offer.\
\
(b) If you check \'intends\' in paragraph (a) above, insert the
following information:\
Place of Performance Street:\
City:\
State:\
Zip Code:\
\
Name of owner and operator, if other than the owner\
\
(End of provision)

**K.5 3.2.2.3-35** **Annual Representations and Certifications** (July
2004)\
\
The offeror certifies that annual representations and certifications
(check the appropriate block):\
\
\[ \] (a) Dated \_\_\_\_\_\_\_\_\_\_ (insert date of signature on offer)
which are incorporated by reference, have been submitted to the
contracting office issuing this SIR and that the information is current,
accurate, and complete as of the date of this offer, except as follows
(insert changes that affect only this SIR; if \'none,\' say so):\
\
\[ \] (b) Are enclosed.\
\
(End of provision)

**K.6 3.2.2.3-70 Taxpayer Identification** (July 2004)

\(a\) Definitions.\
\
(1) \"Common parent,\" as used in this clause, means a corporate entity
that owns or controls an affiliated group of corporations that files an
offeror\'s (you, your) Federal income tax returns on a consolidated
basis, and of which you are a member.\
\
(2) \"Corporate status,\" as used in this clause, means a designation as
to whether you are a corporate entity, an unincorporated entity (for
example, sole proprietorship or partnership), or a corporation providing
medical and health care services.\
\
(3) \"Taxpayer Identification Number (TIN),\" as used in this clause,
means the number the Internal Revenue Service (IRS) requires you use in
reporting income tax and other returns.\
\
(b) All offerors must submit the information required in paragraphs (c)
through (e) of this provision to comply with reporting requirements of
26 U.S.C. 6041, 6041A, and 6050M and implementing regulations issued by
IRS. The FAA will use this information to collect and report on any
delinquent amounts arising out of your relation with the Federal
Government, under Public Law 104 -134, the Debt Collection Improvement
Act of 1996, Section 31001(I)(3). If the resulting contract is subject
to the reporting requirements and you refuse or fail to provide the
information, the Contracting Officer (CO) may reduce your payments 31
percent 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 an 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.\
\
\[ \] A common parent does not own or control the offeror as defined in
paragraph (a).\
\[ \] Name and TIN of common parent:\
Name
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
TIN
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\
(End of provision)

**K.7 3.2.2.3-76 Representation- Release of Contract Information** (July
2004)

\(a\) Any contract resulting from this SIR may be subject to release
under the Freedom of Information Act (FOIA), 5 U.S.C. Section 552.\
\
(b) The offeror\'s (you, your) position regarding the possible release
of information you provide in response to this SIR is as follows:\
\
(c) REPRESENTATION CONCERNING RELEASE OF CONTRACT INFORMATION\--\
\
The offeror (you) represents that\--(1)\[ \] You have made a complete
review of your offer(s) in response to this SIR and no exemption from
mandatory release under FOIA exists, and, (2)\[ \] You have no objection
to the release of any contract you may be awarded in whole or in part
resulting from this SIR.\
\
OR\
\
The offeror (you) represents that \[ \] your offer(s) in response to
this SIR contains information that is exempt from mandatory release
under FOIA. Accordingly, you represent that\--(1)\[ \] You have
identified any sensitive documents you submitted in response to this SIR
by placing restrictive markings on them. This may include trade secrets,
proprietary information, or commercial or financial information that is
privileged or confidential, and (2)\[ \] As the party that provided the
information, you have provided the Contracting Officer (by separate
letter concurrent with this offer) detailed information listing the
page(s) to be withheld complete with any and all legal justifications
which would permit the FAA to invoke a FOIA exemption.\
\
\[End of Provision\]

**K.8 3.2.2.7-7 Certification Regarding Debarment, Suspension, Proposed
Debarment, and Other Responsibility Matters** (April 1996)

\(a\) 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.\
\
\'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)

**K.9 3.2.3-1** **Cost Accounting Standards Notices and Certification**
(April 1996)\
\
Note: This notice does not apply to small businesses or foreign
governments. This notice is in three parts, identified as the following
subsections I through III.\
\
Offerors shall examine each part and provide the requested information
in order to determine Cost Accounting Standards (CAS) requirements
applicable to any resultant contract.\
\
I. DISCLOSURE STATEMENT-COST ACCOUNTING PRACTICES AND CERTIFICATION\
\
(a) Any contract in excess of \$500,000 resulting from this Screening
Information Request (SIR), except contracts in which the price
negotiated is based on\
\
(1) established catalog or market prices of commercial items sold in
substantial quantities to the general public, or\
\
(2) prices set by law or regulation, will be subject to the requirements
of CAS rules, except for those contracts which are exempt as specified
in CAS rules.\
\
(b) Any offeror submitting a offer which, if accepted, will result in a
contract subject to the requirements of CAS rules must, as a condition
of contracting, submit a Disclosure Statement as required by CAS rules.
The Disclosure Statement must be submitted as a part of the offer under
this SIR unless the offeror has already submitted a Disclosure Statement
disclosing the practices used in connection with the pricing of this
offer. If an applicable Disclosure Statement has already been submitted,
the offeror may satisfy the requirement for submission by providing the
information requested in paragraph (c) of Part I of this provision.\
\
Caution: In the absence of specific regulations or agreement, a practice
disclosed in a Disclosure Statement shall not, by virtue of such
disclosure, be deemed to be a proper, approved, or agreed-to practice
for pricing offers or accumulating and reporting contract performance
cost data.\
\
(c) Check the appropriate box below:\
\
\[ \] (1) Certificate of Concurrent Submission of Disclosure Statement.\
\
The offeror hereby certifies that, as a part of the offer, copies of the
Disclosure Statement have been submitted as follows: (i) Original and
one copy to the cognizant Contracting Officer (CO), and (ii) One copy to
the cognizant contract auditor. (Disclosure must be on Form No. CASB
DS-1. Forms may be obtained from the cognizant CO.)\
\
Date of Disclosure Statement
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\
Name and Address of Cognizant ACO where filed
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\
The offeror further certifies that practices used in estimating costs in
pricing this offer are consistent with the cost accounting practices
disclosed in the Disclosure Statement.\
\
\[ \] (2) Certificate of Previously Submitted Disclosure Statement.\
\
The offeror hereby certifies that Disclosure Statement was filed as
follows:\
\
Date of Disclosure Statement:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\
Name and Address of Cognizant CO where filed:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\
The offeror further certifies that the practices used in estimating
costs in pricing this offer are consistent with the cost accounting
practices disclosed in the applicable disclosure statement.\
\
\[ \] (3) Certificate of Monetary Exemption.\
\
The offeror hereby certifies that the offeror, together with all
divisions, subsidiaries, and affiliates under common control, did not
receive net awards of negotiated prime contracts and subcontracts
subject to CAS totaling more than \$25 million (of which at least one
award exceeded \$1 million) in the cost accounting period immediately
preceding the period in which this proposal was submitted. The offeror
further certifies that if such status changes before an award resulting
from this offer, the offeror will advise the Contracting Officer
immediately.\
\
\[ \] (4) Certificate of Interim Exemption.\
\
The offeror hereby certifies that\
\
(i) the offeror first exceeded the monetary exemption for disclosure, as
defined in (3) of this subsection, in the cost accounting period
immediately preceding the period in which this offer was submitted and\
\
(ii) in accordance with CAS rules, the offeror is not yet required to
submit a Disclosure Statement.\
\
The offeror further certifies that if an award resulting from this offer
has not been made within 90 days after the end of that period, the
offeror will immediately submit a revised certificate to the Contracting
Officer, in the form specified under subparagraph (c)(1) or (c)(2) of
Part I of this provision, as appropriate, to verify submission of a
completed Disclosure Statement.\
\
Caution: Offerors currently required to disclose because they were
awarded a CAS-covered prime contract or subcontract of \$25 million or
more in the current cost accounting period may not claim this exemption
(4). Further, the exemption applies only in connection with offers
submitted before expiration of the 90-day period following the cost
accounting period in which the monetary exemption was exceeded.\
\
II. COST ACCOUNTING STANDARDS-ELIGIBILITY FOR MODIFIED CONTRACT
COVERAGE\
\
If the offeror is eligible to use the modified provisions of CAS rules
and elects to do so, the offeror shall indicate by checking the box
below. Checking the box below shall mean that the resultant contract is
subject to the Disclosure and Consistency of Cost Accounting Practices
clause in lieu of the Cost Accounting Standards clause.\
\
\[ \] The offeror hereby claims an exemption from the Cost Accounting
Standards clause under the provisions of CAS rules and certifies that
the offeror is eligible for use of the Disclosure and Consistency of
Cost Accounting Practices clause because during the cost accounting
period immediately preceding the period in which this offer was
submitted, the offeror received less than \$25 million in awards of
CAS-covered prime contracts and subcontracts, or the offeror did not
receive a single CAS-covered award exceeding \$1 million. The offeror
further certifies that if such status changes before an award resulting
from this proposal, the offeror will advise the Contracting Officer
immediately.\
\
Caution: An offeror may not claim the above eligibility for modified
contract coverage if this offer is expected to result in the award of a
CAS-covered contract of \$25 million or more or if, during its current
cost accounting period, the offeror has been awarded a single
CAS-covered prime contract or subcontract of \$25 million or more.\
\
III. ADDITIONAL COST ACCOUNTING STANDARDS APPLICABLE TO EXISTING
CONTRACTS\
\
The offeror shall indicate below whether award of the contemplated
contract would, in accordance with subparagraph (a)(3) of the Cost
Accounting Standards clause, require a change in established cost
accounting practices affecting existing contracts and subcontracts.\
\
\_\_\_Yes \_\_\_No\
\
(End of provision)

**K.10 3.3.1-35** **Certification of Registration in Central Contractor
Registration (CCR)** (April 2006)\
\
In accordance with Clause 3.3.1-33, Central Contractor Registration,
offeror certifies that they are registered in the CCR Database and have
entered all mandatory information including the DUNS or DUNS+4 Number.\
\
Name: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\
Title: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\
Phone Number: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\
(End of provision)

**K.11 3.5-14 Representation of Limited Rights Data and Restricted
Computer Software**

(October 1996)

(a) This Screening Information Request (SIR) sets forth the work to be
    performed if a contract award results, and the Government\'s known
    delivery requirements for data, as defined in the clause \"Rights in
    Data-General.\" Any resulting contract may also provide the
    Government the option to order additional data under the
    \"Additional Data Requirements\" clause, if included in the
    contract. Any data delivered under the resulting contract will be
    subject to the \"Rights in Data-General\" clause that is to be
    included in this contract. Under the latter clause, a Contractor may
    withhold from delivery data that qualify as limited rights data or
    restricted computer software, and deliver form, fit, and function
    data in lieu thereof. The latter clause also may be used with its
    Alternates II and/or III to obtain delivery of limited rights data
    or restricted computer software, marked with limited rights or
    restricted rights notices, as appropriate. In addition, use of
    Alternate V with this latter clause provides the Government the
    right to inspect such data at the Contractor\'s facility.\
    \
    (b) As an aid in determining the Government\'s need to include any
    of the aforementioned Alternates in the clause \"Rights in
    Data-General,\" the offeror\'s response to this Screening
    Information Request (SIR) may, to the extent feasible, complete the
    representation in paragraph (b) of this provision to either state
    that none of the data qualify as limited rights data or restricted
    computer software, or identify which of the data qualifies as
    limited rights data or restricted computer software. Any
    identification of limited rights data or restricted computer
    software in the offeror\'s response is not determinative of the
    status of such data should a contract be awarded to the offeror.\
    \
    REPRESENTATION CONCERNING DATA RIGHTS\
    \
    Offeror has reviewed the requirements for the delivery of data or
    software and states (offeror check appropriate block)\--\
    \
    \[ \] None of the data proposed for fulfilling such requirements
    qualifies as limited rights data or restricted computer software.\
    \
    \[ \] Data proposed for fulfilling such requirements qualify as
    limited rights data or restricted computer software and are
    identified as follows:\
    \
    \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
    \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
    \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
    \
    Note: \"Limited rights data\" and \"Restricted computer software\"
    are defined in the contract clause titled \"Rights In
    Data-General.\"\
    \
    (End of provision)

**K.12 3.6.2-5** **Certification of Nonsegregated Facilities** (April
1996)\
\
(a) \'Segregated facilities,\' as used in this provision, means any
waiting rooms, work areas, rest rooms and wash rooms, restaurants and
other eating areas, time clocks, locker rooms and other storage or
dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for
employees, that are segregated by explicit directive or are in fact
segregated on the basis of race, color, religion, or national origin
because of habit, local custom, or otherwise.\
\
(b) By the submission of this offer, the offeror certifies that it does
not and will not maintain or provide for its employees any segregated
facilities at any of its establishments, and that it does not and will
not permit its employees to perform their services at any location under
its control where segregated facilities are maintained. The offeror
agrees that a breach of this certification is a violation of the \"Equal
Opportunity\" clause in the contract.\
\
(c) The offeror further agrees that (except where it has obtained
identical certifications from proposed subcontractors for specific time
periods) it will\--\
\
(1) Obtain identical certifications from proposed subcontractors before
the award of subcontracts under which the subcontractor will be subject
to the \"Equal Opportunity\" clause;\
\
(2) Retain the certifications in the files; and\
\
(3) Forward the following notice to the proposed subcontractors (except
if the proposed subcontractors have submitted identical certifications
for specific time periods):\
\
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS
OF NONSEGREGATED FACILITIES\
\
A Certification of Nonsegregated Facilities must be submitted before the
award of a subcontract under which the subcontractor will be subject to
the \"Equal Opportunity\" clause. The certification may be submitted
either for each subcontract or for all subcontracts during a period
(i.e., quarterly, semiannually, or annually).\
\
Note: The penalty for making false statements in offers is prescribed in
18 U.S.C. 1001.\
\
(End of provision)

**K.13 3.6.2-8 Affirmative Action Compliance** (April 1996)

The offeror represents that (a) it \[ \] has developed and has on file,
\[ \] has not developed and does not have on file, at each
establishment, affirmative action programs required by the rules and
regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it
\[ \] has not previously had contracts subject to the written
affirmative action programs requirement of the rules and regulations of
the Secretary of Labor.\
\
(End of provision)

**K.14 3.6.2-6 Previous Contracts and Compliance Reports** (April 1996)

The offeror represents that\--(a) It \[ \] has, \[ \] has not,
participated in a previous contract or subcontract subject either to the
\"Equal Opportunity\" clause of this solicitation, the clause originally
contained in Section 310 of Executive Order No. 10925, or the clause
contained in Section 201 of Executive Order No. 11114; (b) It \[ \] has,
\[ \] has not, filed all required compliance reports; and (c)
Representations indicating submission of required compliance reports,
signed by proposed subcontractors, will be obtained before subcontract
awards.\
\
(End of provision)

**K.15 3.6.3-10** **Certification of Toxic Chemical Release Reporting**
(August 1998)\
\
(a) Submission of this certification is a prerequisite for making or
entering into this contract imposed by Executive Order 12969, August 8,
1995.\
\
(b) By signing this offer, the offeror certifies that\--\
\
(1) As the owner or operator of facilities that will be used in the
performance of this contract that are subject to the filing and
reporting requirements described in section 313 of the Emergency
Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C.
11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA)
(42 U.S.C. 13106), the offeror will file and continue to file for such
facilities for the life of the contract the Toxic Chemical Release
Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA
and section 6607 of PPA; or\
\
(2) None of its owned or operated facilities to be used in the
performance of this contract is subject to the Form R filing and
reporting requirements because each such facility is exempt for at least
one of the following reasons: \[Offeror check each block that is
applicable.\]\
\
\_\_(i) The facility does not manufacture, process, or otherwise use any
toxic chemicals listed under section 313(c) of EPCRA, 42 U.S.C.
11023(c);\
\
\_\_(ii) The facility does not have 10 or more full-time employees as
specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A);\
\
\_\_(iii) The facility does not meet the reporting thresholds of toxic
chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f)
(including the alternate thresholds at 40 CFR 372.27, provided an
appropriate certification form has been filed with EPA);\
\
\_\_(iv) The facility does not fall within Standard Industrial
Classification Code (SIC) designations 20 through 39 or;\
\
\_\_(v) The facility is not located within any State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, the Northern Mariana
Islands, or any other territory or\
possession over which the United States has jurisdiction.\
\
(End of provision)

**K.16 3.6.4-16 Balance of Payments Program Certificate** (July 1996)

\(a\) The offeror certifies that each end product or service, except as
listed below, is a domestic end product or service (as defined in the
clause \"Balance of Payments Program\") and components of unknown origin
are considered to have been mined, produced, or manufactured outside the
United States.\
\
Excluded End Product Country of Origin or Service\
\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\
\[list as necessary\]\
\
(b) The offeror agrees to furnish any additional information as the
Contracting Officer may request to verify the above information and to
evaluate the offer. Offerors may obtain from the Contracting Officer
lists of articles, materials, and supplies excepted from the Buy
American Act.\
\
(End of provision) (Clause applies if contract performance will be
outside of the U.S and clause 3.6.4-4-6 is used).

**PART IV -- SECTION L**

**INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS**

**L.1 3.1-1** **Clauses and Provisions Incorporated by Reference**
(December 2005)\
\
This screening information request (SIR) or contract, as applicable,
incorporates by reference the provisions or clauses listed below with
the same force and effect as if they were given in full text. Upon
request, the Contracting Officer will make the full text available, or
offerors and contractors may obtain the full text via Internet at:\
[http://conwrite.faa.gov](http://conwrite.faa.gov/) (on this web page,
select \"Search and View Clauses\").

**3.1.7-4** **Organizational Conflict of Interest SIR Provision** (March
2006)

**3.2.2.3-1 False Statements in Offers** (July 2004)

**3.2.2.3-6 Submittals in the English Language** (July 2004)

**3.2.2.3-7 Submittals in U.S. Currency** (July 2004)

**3.2.2.3-11 Unnecessarily Elaborate Submittals** (July 2004)

**3.2.2.3-12 Amendments to Screening Information Requests** (July 2004)

**3.2.2.3-13 Submission of Information/Documentation/Offers** (July
2004)

**3.2.2.3-14 Late Submissions, Modifications, and Withdrawals of
Submittals** (July 2004)

**3.2.2.3-16 Restricting, Disclosing and Using Data** (July 2004)

**3.2.2.3-17 Preparing Offers** (July 2004)

**3.2.2.3-18 Prospective Offeror\'s Requests for Explanations** (July
2004)

**3.2.2.3-19 Contract Award (July 2004)**

**3.2.2.3-31 Facilities Capital Cost of Money** (July 2004)

**3.3.1-28 Notice of Progress Payments** (November 1997)

**\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--**

**L.2 3.13-4** **Contractor Identification Number---Data Universal
Numbering System**

**(DUNS) Number** (April 2006)\
\
(a) Definitions. As used in this clause\
\
\"Contractor Identification Number,\" as used in this provision, means
\"Data Universal Numbering System (DUNS) number, which is a nine-digit
number assigned by Dun and Bradstreet Information Services, to identify
unique business entities (taken from CCR clause)\
\
\"Data Universal Numbering System +4 (DUNS+4) number\" means the DUNS
number assigned by D&B plus a 4-character suffix that may be assigned by
a business concern. (D&B has no affiliation with this 4-character
suffix.) This 4-character suffix may be assigned at the discretion of
the business concern to establish additional CCR records for identifying
alternative Electronic Funds Transfer.\
\
(b) Contractor identification is essential for receiving payment and
complying with statutory contract reporting requirements. Therefore, the
offeror shall provide its DUNS or DUNS+4 number below. The DUNS number
will be used by the Contracting Officer to verify that the offeror is
registered in the CCR database.\
\
DUNS OR DUNS+4 NUMBER:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\
(c) If the offeror does not have a DUNS number, it should contact Dun
and Bradstreet directly to obtain one.\
\
(1) An offeror may obtain a DUNS number\
(i) If located within the United States, by calling Dun and Bradstreet
at 1-866-705-5711 or via the Internet at
[http://www.dnb.com](http://www.dnb.com/)/; or\
(ii) If located outside the United States, by contacting the local Dun
and Bradstreet office.\
\
(2) The offeror should be prepared to provide the following
information:\
(i) Company legal business.\
(ii) Tradestyle, doing business, or other name by which your entity is
commonly recognized.\
(iii) Company Physical Street Address, City, State, and ZIP Code.\
(iv) Company Mailing Address, City, State and ZIP Code (if different
from physical street address).\
(v) Company Telephone Number.\
(vi) Date the company was started.\
(vii) Number of employees at your location.\
(viii) Chief executive officer/key manager.\
(ix) Line of business (industry).\
(x) Company Headquarters name and address (reporting relationship within
your entity).\
\
(End of provision)

**L.3** **3.2.2.3-38 Requirements for Cost or Pricing Data or Other
Information**

**(July 2004)\
**\
Offerors (you) may submit certificates of current cost or pricing data
(CCCPD) or you may request an exception to this requirement. Depending
on the option you use, you must submit either the CCCPD shown in
paragraph (e) of clause 3.2.2.3-39, \"Requirements for Cost or Pricing
Data or Information - Modifications\" (the clause) or request an
exception consistent with the information in the clause. Any information
in the clause regarding the CCCPD or the exception that is relevant to
an offer is incorporated into this provision.\
\
(End of provision)

**L.4 3.2.4-1 Type of Contract** (April 1996)

The FAA contemplates award of a [Cost Plus Fixed Fee
Completion]{.underline} contract resulting from this Screening
Information Request.

**L.5 3.9.1-3 Protest** (November 2002)

AS A CONDITION OF SUBMITTING AN OFFER OR RESPONSE TO THIS SIR (OR OTHER
SOLICITATION, IF APPROPRIATE), THE OFFEROR OR POTENTIAL OFFEROR AGREES
TO BE BOUND BY THE FOLLOWING PROVISIONS RELATING TO PROTESTS:\
\
(a) Protests concerning Federal Aviation Administration Screening
Information Requests (SIRs) or awards of contracts shall be resolved
through the Federal Aviation Administration (FAA) dispute resolution
system at the Office of Dispute Resolution for Acquisition (ODRA) and
shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and
17, which are hereby incorporated by reference. Judicial review, where
available, will be in accordance with 49 U.S.C. 46110 and shall apply
only to final agency decisions. A protestor may seek review of a final
FAA decision only after its administrative remedies have been
exhausted.\
\
(b) Offerors initially should attempt to resolve any issues concerning
potential protests with the Contracting Officer. The Contracting Officer
should make reasonable efforts to answer questions promptly and
completely, and, where possible, to resolve concerns or controversies.
The protest time limitations, however, will not be extended by attempts
to resolve a potential protest with the Contracting Officer.\
\
(c) The filing of a protest with the ODRA may be accomplished by mail,
overnight delivery, hand delivery, or by facsimile. A protest is
considered to be filed on the date it is received by the ODRA.\
\
(d) Only an interested party may file a protest. An interested party is
one whose direct economic interest has been or would be affected by the
award or failure to award an FAA contract. Proposed subcontractors are
not \"interested parties\" within this definition.\
\
(e) A written protest must be filed with the ODRA within the times set
forth below, or the protest shall be dismissed as untimely:\
\
(1) Protests based upon alleged improprieties in a solicitation or a SIR
that are apparent prior to bid opening or the time set for receipt of
initial proposals shall be filed prior to bid opening or the time set
for the receipt of initial proposals.\
\
(2) In procurements where proposals are requested, alleged improprieties
that do not exist in the initial solicitation, but which are
subsequently incorporated into the solicitation, must be protested not
later than the next closing time for receipt of proposals following the
incorporation.\
\
(3) For protests other than those related to alleged solicitation
improprieties, the protest must be filed on the later of the following
two dates:\
\
(i) Not later than seven (7) business days after the date the protester
knew or should have known of the grounds for the protest; or\
\
(ii) If the protester has requested a post-award debriefing from the FAA
Product Team, not later than five (5) business days after the date on
which the Product Team holds that debriefing.\
\
(f) Protests shall be filed at:\
\
(1) Office of Dispute Resolution for Acquisition, AGC-70,\
Federal Aviation Administration,\
800 Independence Ave., S.W.,\
Room 323,\
Washington, DC 20591,\
\
Telephone: (202) 267-3290,\
Facsimile: (202) 267-3720; or\
\
(2) other address as specified in 14 CFR Part 17.\
\
(g) At the same time as filing the protest with the ODRA, the protester
shall serve a copy of the protest on the Contracting Officer and any
other official designated in the SIR for receipt of protests by means
reasonably calculated to be received by the Contracting Officer on the
same day as it is to be received by the ODRA. The protest shall include
a signed statement from the protester, certifying to the ODRA the manner
of service, date, and time when a copy of the protest was served on the
Contracting Officer and other designated official(s).\
\
(h) Additional information and guidance about the ODRA dispute
resolution process for protests can be found on the ODRA Website at
[http://www.faa.gov](http://www.faa.gov/).\
\
(End of provision)

# L.6 GENERAL INSTRUCTIONS

(a) Offerors are expected to examine the [entire]{.underline}
    solicitation. Failure to do so will be at the Offeror's own risk.

(b) Replies to this solicitation must follow the outlines and/or
    instructions concerning SOW requirements, and formats provided.

(c) This Screening Information Request contains terms and conditions
    which are proposed to be included in any resultant contract. Any
    exception/deviation to these terms and conditions must be clearly
    indicated in your proposal.

(d) Government replies to offeror's questions (with the exception of
    clarifications) will be recognized as official only if the offeror
    submits the question in writing, is provided a written reply, in the
    form of an amendment**,** and the answers are made a part of the SIR
    by incorporation by amendment. Questions must have SIR
    #DTFACT-07-R-00040 identified in the subject matter; questions shall
    be emailed to the Contracting Officer, Anna M. Marinaro at the
    following email address, by not later than 10 AM (local time) on
    October 9, 2007: [http://www.anna.marinaro@faa.gov]()

# L. 7. SUBMISSION OF PROPOSALS

A. Offerors are required to submit their proposals in **[two separate
parts]{.underline}** as instructed below:

1.  **PART 1** -- **[TECHNICAL PROPOSAL]{.underline}**:

> a\. The technical proposal must be bound separately from price
> proposals, and pages numbered and shall include information
> /documentation in sufficient detail, by section, to enable an
> evaluation team to make a thorough technical evaluation to determine
> if the offeror has a thorough understanding of the requirements and to
> determine if the offeror has adequately addressed each *technical
> criteria factor as stipulated in Section M of this SIR..*
>
> b\. Proposal information shall be crossed-indexed to the evaluation
> criteria listed in Section M. Proposals shall be furnished in Times
> New Roman with a font size of no less than 12 points. Size of the
> pages must be uniform.
>
> c\. Ensure that technical proposal(s) address all technical evaluation
> factors for award that are identified under paragraph M.3 of Part IV
> -- SECTION M -- EVALUATION FACTORS FOR AWARD, for the following areas:
>
> \(1\) Technical Approach, and
>
> \(2\) Corporate/Academic Experience, Past Performance, and Credentials

d.  Submit an original signed hardcopy and (5) copies of each technical
    proposal, [**excluding any reference to the pricing aspects of the
    offer**.]{.underline}

e.  Technical proposal shall be limited to [fifteen (15)
    pages]{.underline}, exclusive of resumes.

2\. **PART 2 -** **[COST PROPOSAL]{.underline}**:

a.  Original and one (1) hardcopy (signed and dated), as well as one
    digital (diskette) copy of cost proposals are required and shall
    include completed solicitation documentation;

b\. Offerors shall [complete, sign and date]{.underline}:

1.  One (1) original copy of the screening information request (SIR)
    with Blocks 15A, 15B, 15C, 16, 17 and 18 executed;

2.  One (1) copy of the Section K (Representations and Certifications )
    of the SIR (fully executed). [Care should be taken to assure that
    all blocks in Section K are correctly checked and blanks completed,
    as applicable.]{.underline}

3.  A completed Business Declaration (See Attachment D referenced under
    Section J);

4.  An Original and two (2) copies of their cost proposal (See paragraph
    c., below).

5.  If applicable, Acknowledgement by signature or date of any
    Amendments which may generate prior to closing date of the SIR (this
    is either a signed copy of the amendment or completion of block 14
    on page 1, and.

6.  All other data the offeror deems applicable to their price proposal.

> c\. Cost Proposals shall include a complete and detailed cost
> breakdown and shall include [all elements of cost and such other cost
> data (direct and indirect costs, etc.) as considered appropriate to
> support your technical proposals,]{.underline} and as required by
> applicable AMS Clauses. (Offerors are reminded to segregate their cost
> proposals from their technical proposals).

d.  All cost proposals shall contain the offeror's [most current
    rates]{.underline} for direct

labor, overhead, general and administrative expense and any other
factors used in developing the proposal. If your firm has been audited
by the Defense Contract Audit Agency (DCAA), the cost proposal shall
cite when your rates were last audited, the type of audit that was
conducted, and the name, location, and telephone number of the assigned
DCAA office/Auditor proposal (or other agency audit).

e.  Cost and cost realism will be evaluated in a Best Value environment.
    Cost proposals will have costs commensurate with the workload
    proposed.

> f\. There is no page limit for PART 2 -- Cost Proposal.

**L.8 WJHTC 3.2.2.3-1 -- Additional Proposal Instructions** (August
2002)

Offerors assume the full responsibility of ensuring that proposals are
received at the place and by the date and time specified below:

Federal Aviation Administration

> William J. Hughes Technical Center
>
> Acquisition Services Sub-Team, AJP-7952
>
> Building 300, 4^th^ Floor, M-25
>
> Attention: Anna M. Marinaro
>
> Atlantic City International Airport
>
> Pomona, N. J. 08405

**[Date and Time]{.underline}**: Proposals shall be submitted not later
than 2 P.M., local time, October 30, 2007.

**[Delivery Issues:]{.underline}** Offerors are advised of the
heightened security at the FAA William J. Hughes Technical Center.
Outside visitors will not have access to the facility to hand-deliver
proposals unless they are in possession of a valid DOT/FAA photo ID.
Therefore, proposals should be mailed to the attention of the FAA
Contracting Officer identified in the solicitation. Additionally,
offerors are reminded of the requirements contained in AMS Clauses
3.2.2.3-13 -- "Submission of Information/Documentation/Offers" and
3.2.2.3-14 "Late Submissions, Modifications, and Withdrawals of
Submittals."

**[Originals:]{.underline}** One copy of each of proposed PART
(Technical and Cost proposal) shall contain the signed original of all
documents requiring signature by the Offeror. Use of reproductions of
signed originals is authorized in all other copies of the proposal.
Also, see AMS Clause 3.13-4 - Contractor Identification Number---Data
Universal Numbering System (DUNS) Number, subparagraph (b).

[Submissions of Proposals]{.underline}: The following label shall be on
each binder's (PART 1 and PART 2) submission:

> 1\. Solicitation No. DTFACT-07-R-00040;

1.  Offeror's Name:

2.  Volume No. (Part 1 or Part 2)

3.  Copy: Original, /or Copy \_\_ of \_\_

PART IV - SECTION M

# EVALUATION FACTORS FOR AWARD

#### M.1 BASIS FOR AWARD

The Government intends to enter into a cost plus fixed fee type contract
to the responsive, responsible offeror whose proposal, conforming to the
SIR, provides the "best value" to the Government. "Best value" is
defined as the procurement process that results in the most advantageous
acquisition decision for the Government. All offers will be subject to
detailed technical evaluation by respective teams who will evaluate each
technical criteria in accordance with a pre-established plan and
evaluated in accordance with the Clauses discussed below. In this
evaluation, the combined technical criteria are more important than
cost, therefore, the successful offeror may not be the lowest priced
offeror. Costs proposed shall be commensurate with the workload and
deliverables proposed in the SIR. Costs may become more important as the
difference between competing technical scores decreases.

####### M. 2 GENERAL

The Government reserves the right to award, with or without discussions,
based on initial proposals, so contractors are urged to submit their
best proposals in respect to both technical capabilities and cost.

Each section of the proposal and the specifics thereunder (if any), must
be discussed in a separate, clearly identified part of the proposal, in
order to facilitate evaluation. It is the responsibility of the offeror
to provide all information requested and to fully demonstrate, document
and substantiate all information provided in their technical and cost
proposals.

####### M. 3 TECHNICAL EVALUATION CRITERIA 

Formal source selection procedures will be used in the evaluation of all
responses received to the Screening Information Request (SIR) for the
proposed effort. Below are the two evaluation criteria to be used by the
Government in their technical evaluation process. Factors 1 and 2 are in
descending order of importance.

1\. **[Evaluation Factor #1: Technical Approach]{.underline}:**

The bidder shall address in sufficient detail the technical approach
that will be used to support the requirements in the Statement of Work
(SOW). Technical Approach will be evaluated with respect to the
following three (3) factors. Factors 1.a. through 1.c are listed below:

1.a Understanding of the problem statement and approach.

> 1.b. Recommended methodology and scientific soundness.
>
> 1.c. Clarity and completeness of overall proposal for plan and
>
> schedule.

**Each sub factor in Evaluation Factor #1 shall be weighted in
descending order of importance. Sub Factor (a) is more important than
sub factor (b) and (c). Sub factor (b) is more important than sub factor
(c).**

2\. **[Evaluation Factor #2: Corporate/Academic Experience, Past
Performance, and Credentials:]{.underline}**

The bidder shall provide the extent and depth of corporate experience in
performing the same or similar aviation safety research work as
described in the Statement of Work.

This information should include points of contact and a description of
projects similar in scope, size, and complexity to the project
requirements described in the SOW.

The experience, abilities, and credentials of the individuals on the
proposed team shall be included. If applicable, the past performance of
this team (or teams of substantially the same individuals) shall be
evaluated, with attention to particularly noteworthy, creative, and/or
innovative approaches in prior projects.

Experience may include work performed either as a prime contractor or as
a subcontractor.

-   Demonstration of past performance through prior research programs or
    contracts awarded of similar scope, size and complexity. Noteworthy,
    creative, and/or innovative approaches to prior research shall be
    considered.

-   Experience, abilities, and credentials of the proposed team members
    are commensurate with the project requirements in the SOW and with
    the scope and level of effort proposed. Proposal should indicate a
    the appointment of a qualified team leader or principal
    investigator.

**M.4. Scoring Description and Scheme:**

Responses to this procurement will be rated in order of technical
ability. Instead of just deciding if the response meets only a minimum
standard of acceptability, extra credit may be given for exceeding the
minimum standard. This is the concept of "best value" which identifies
those offeror's providing the greatest value to the Government in terms
of tradeoffs between price and technical merit.

The descriptions and scoring schemes listed in the table below will be
used to grade each technical criteria specified above.

  --------------- ----------------------------------------------------------
  Excellent       offeror's proposal is comprehensive and demonstrates a
                  thorough understanding of customer needs and the
                  evaluation criteria. There are few, if any, areas for
                  improvement, all of which are minor. All aspects of the
                  evaluation criteria are addressed in a highly competent
                  and logical fashion.

  Good            The offeror's response is fully acceptable and
                  appropriately responds to the evaluation criteria. The
                  offeror's response exceeds the requirements for the
                  Satisfactory rating but does not quite meet the standards
                  of the Excellent rating. A few minor deficiencies are
                  noted and the level of detail, while acceptable, does not
                  provide a comprehensive response.

  Satisfactory:   The offeror's response is appropriate and addresses
                  adequately the evaluation criteria, and although there may
                  be several areas for improvement, these areas are
                  approximately offset by strengths in other areas.

  Unacceptable    The offeror's response to the evaluation criteria is
                  inadequate and does not demonstrate a satisfactory
                  understanding of customer needs, or offeror's response
                  does not demonstrate a capacity to support customer's
                  needs.
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