**THIS SECTION B IS A DRAFT -- IT WILL BE UPDATED AND FINALIZED PRIOR TO
THE DATE WHEN COST PROPOSALS ARE REQUESTED. OFFEROR COMMENTS ON SECTION
B ARE ENCOURAGED. SEE PARAGRAPH L.15.1.**

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

**BASE YEAR -- Contract Award through 12 months thereafter**

All items in Section B can be purchased on an Indefinite Delivery
Indefinite Quantity (IDIQ) basis, for the firm fixed unit prices shown
below. For CLINs 0001, 0002 and 0003 the Contractor shall provide
Commercial Off-The-Shelf (COTS) software licenses for unspecified site
locations. The software provided shall perform all functions specified
in Section C and meet the requirements specified in Attachment J.2 of
this contract. The fixed unit price for CLINs 0001, 0002 and 0003 does
not include software technical support (CLIN 0004 and 0005) or classroom
training (CLIN 0006).

+-----+-------------------------+---------------+---------+-----------+
| **  | **Description**         | **Quantity**  | *       | **Firm    |
| CLI |                         |               | *Unit** | Fixed**   |
| N** |                         |               |         |           |
|     |                         |               |         | **Unit    |
|     |                         |               |         | Price**   |
+=====+=========================+===============+=========+===========+
| 0   | Service Container       |               |         |           |
| 001 | Software, Development   |               |         |           |
|     | License, including      |               |         |           |
|     | documentation in        |               |         |           |
|     | accordance with         |               |         |           |
|     | Sections C.3.1, C.3.3,  |               |         |           |
|     | C.3.5, C.3.6, C.3.8     |               |         |           |
+-----+-------------------------+---------------+---------+-----------+
| 000 |                         | Up to 10      | Per     |           |
| 1aa |                         | licenses      | license |           |
|     |                         |               | -- see  |           |
|     |                         |               | Note 1  |           |
+-----+-------------------------+---------------+---------+-----------+
| 000 |                         | Up to 20      | Per     |           |
| 1ab |                         | licenses      | license |           |
|     |                         |               | -- see  |           |
|     |                         |               | Note 1  |           |
+-----+-------------------------+---------------+---------+-----------+
| 000 |                         | Up to 50      | Per     |           |
| 1ac |                         | licenses      | license |           |
|     |                         |               | -- see  |           |
|     |                         |               | Note 1  |           |
+-----+-------------------------+---------------+---------+-----------+
|     |                         |               |         |           |
+-----+-------------------------+---------------+---------+-----------+
| 0   | Service Container       |               |         |           |
| 002 | Software, Production    |               |         |           |
|     | License (primary CPU),  |               |         |           |
|     | does not include        |               |         |           |
|     | documentation,          |               |         |           |
|     |                         |               |         |           |
|     | in accordance with      |               |         |           |
|     | Sections                |               |         |           |
|     |                         |               |         |           |
|     | C.3.1, C.3.3, C.3.5,    |               |         |           |
|     | C.3.8                   |               |         |           |
+-----+-------------------------+---------------+---------+-----------+
| 000 |                         | Up to 50      | Per     |           |
| 2aa |                         | fixed node    | license |           |
|     |                         | licenses      | -- see  |           |
|     |                         |               | Note 1  |           |
+-----+-------------------------+---------------+---------+-----------+
| 000 |                         | Up to 100     | Per     |           |
| 2ab |                         | fixed node    | license |           |
|     |                         | licenses      | -- see  |           |
|     |                         |               | Note 1  |           |
+-----+-------------------------+---------------+---------+-----------+
| 000 |                         | Up to 200     | Per     |           |
| 2ac |                         | fixed node    | license |           |
|     |                         | licenses      | -- see  |           |
|     |                         |               | Note 1  |           |
+-----+-------------------------+---------------+---------+-----------+
| 000 |                         | Up to 500     | Per     |           |
| 2ad |                         | fixed node    | license |           |
|     |                         | licenses      | -- see  |           |
|     |                         |               | Note 1  |           |
+-----+-------------------------+---------------+---------+-----------+
| 000 | Enterprise-wide license | Unlimited     | License |           |
| 2ae | agreement, applicable   | number        |         |           |
|     | to both development and |               |         |           |
|     | production users        |               |         |           |
+-----+-------------------------+---------------+---------+-----------+
| 0   | Service Container       |               |         |           |
| 003 | Software, Production    |               |         |           |
|     | Floating License, does  |               |         |           |
|     | not include             |               |         |           |
|     | documentation, in       |               |         |           |
|     | accordance with         |               |         |           |
|     | Sections C.3.1, C.3.3,  |               |         |           |
|     | C.3.5, C.3.8            |               |         |           |
+-----+-------------------------+---------------+---------+-----------+
| 000 |                         | Up to 50      | Per     |           |
| 3aa |                         | floating      | license |           |
|     |                         | licenses      | -- see  |           |
|     |                         |               | Note 1  |           |
+-----+-------------------------+---------------+---------+-----------+
| 000 |                         | Up to 100     | Per     |           |
| 3ab |                         | floating      | license |           |
|     |                         | licenses      | -- see  |           |
|     |                         |               | Note 1  |           |
+-----+-------------------------+---------------+---------+-----------+
| 000 |                         | Up to 200     | Per     |           |
| 3ac |                         | floating      | license |           |
|     |                         | licenses      | -- see  |           |
|     |                         |               | Note 1  |           |
+-----+-------------------------+---------------+---------+-----------+
| 000 |                         | Up to 500     | Per     |           |
| 3ad |                         | floating      | license |           |
|     |                         | licenses      | -- see  |           |
|     |                         |               | Note 1  |           |
+-----+-------------------------+---------------+---------+-----------+
|     |                         |               |         |           |
+-----+-------------------------+---------------+---------+-----------+
| 0   | Service Container       |               | Per     | See Note  |
| 004 | Software                |               | license | 2         |
|     |                         |               |         |           |
|     | Full Technical Support  |               |         |           |
|     | for                     |               |         |           |
|     |                         |               |         |           |
|     | Software Licenses in    |               |         |           |
|     | accordance              |               |         |           |
|     |                         |               |         |           |
|     | with Sections C.3.2,    |               |         |           |
|     | C.3.4. This CLIN        |               |         |           |
|     | assumes the Contractor  |               |         |           |
|     | provides ALL Technical  |               |         |           |
|     | Support.                |               |         |           |
+-----+-------------------------+---------------+---------+-----------+
| 0   | Service Container       |               | Per     | See Note  |
| 005 | Software                |               | license | 2         |
|     |                         |               |         |           |
|     | Second Level Technical  |               |         |           |
|     | Support for             |               |         |           |
|     |                         |               |         |           |
|     | Software Licenses in    |               |         |           |
|     | accordance              |               |         |           |
|     |                         |               |         |           |
|     | with Sections C.3.2,    |               |         |           |
|     | C.3.4,                  |               |         |           |
+-----+-------------------------+---------------+---------+-----------+
|     |                         |               |         |           |
+-----+-------------------------+---------------+---------+-----------+
| 0   | Training in accordance  |               |         |           |
| 006 | with Section C.3.7      |               |         |           |
+-----+-------------------------+---------------+---------+-----------+
| 000 | Classroom Training at   | Offeror       | Per     |           |
| 6aa | the Government Site     | should        | Student |           |
|     |                         |               |         |           |
|     |                         | propose and   |         |           |
|     |                         | price         |         |           |
|     |                         | separate      |         |           |
|     |                         | courses, as   |         |           |
|     |                         | appropriate   |         |           |
+-----+-------------------------+---------------+---------+-----------+
| 000 | Classroom Training at   | Offeror       | Per     |           |
| 6ab | the Contractor's Site   | should        | Student |           |
|     |                         |               |         |           |
|     |                         | propose and   |         |           |
|     |                         | price         |         |           |
|     |                         | separate      |         |           |
|     |                         | courses, as   |         |           |
|     |                         | appropriate   |         |           |
+-----+-------------------------+---------------+---------+-----------+
| 000 | Training - Computer     | Offeror       | Annual  |           |
| 6ac | Based                   | should        | Re      |           |
|     |                         |               | curring |           |
|     | Instruction, web-based, | propose and   |         |           |
|     | or other                | price         | Cost    |           |
|     |                         | separate      | (ARC)   |           |
|     |                         | courses, as   |         |           |
|     |                         | appropriate   |         |           |
+-----+-------------------------+---------------+---------+-----------+
| 000 | Travel -- Actuals will  |               | Actuals |           |
| 6ad | be reimbursed at cost,  |               |         |           |
|     | subject to clause H.10, |               |         |           |
|     | for training under CLIN |               |         |           |
|     | 0006aa                  |               |         |           |
+-----+-------------------------+---------------+---------+-----------+
| 0   | Sets of Documentation   | 1             | Set     |           |
| 007 | in                      |               |         |           |
|     |                         |               |         |           |
|     | accordance with Section |               |         |           |
|     | C.3.6                   |               |         |           |
+-----+-------------------------+---------------+---------+-----------+

**Note 1: CLINs 0001, 0002 and 0003** -- The unit prices for each
subCLIN shall reflect the aggregate number of licenses purchased under
the CLIN since the start of the contract (base year). For example, when
the government orders the 201^st^ instance of the production license,
the unit price shall be determined under CLIN 0002ad. If the Government
elects to purchase an Enterprise Wide license agreement, CLIN 0002ae
will be ordered. For CLIN 0001, per license is defined as one user per
license. For CLIN 0002, per license is defined as one CPU per license.
For CLIN 0003, per license is defined as one non-specific active CPU per
license

**Note 2:** **CLINs 0004 and 0005** - When CLIN 0004 is ordered, the
Contractor provides ALL Technical Support. When CLIN 0005 is ordered,
the Contractor provides second-level support, only. First-level support,
which includes the user help desk, is the first point of contact for all
incoming requests for support and trouble reporting. The first-level
support team is responsible for problem resolution to the best of the
team\'s knowledge. First-level support is responsible for identifying
and requesting additional data from the user needed to resolve the
issue/problem. The FAA\'s goal is to resolve as many issues as possible
through the in-house (FAA provided) first-level support. If the
complexity of the issue/problem or the technical capabilities required
to resolve the issue/problem exceeds that of the first-level support,
the issue will be forwarded (escalated) to the second-level support.
Second-level support provides detailed technical expertise not available
from the first-level support. The second-level support is provided by
the product vendor and will resolve the issue/problem by working with
first-level support team. The second-level support will not typically
interact with the original user.

Except for open source software, the price for software technical
support is a percentage of the purchase price of the licenses. For open
source software, the price shall be expressed as a firm fixed price. The
actual number of licenses that may be purchased is unknown. The
Contractor shall provide 12 months of software technical support (as
defined in Section C.3), at \_\_\_\_\_\_\_% of the actual purchase price
set forth in this contract. This stated percentage shall be applicable
regardless of the number of software licenses purchased and regardless
of which CLIN(s) they are purchased under. The first year price for each
instance of CLINs 0004 and 0005 ordered shall be pro-rated to reflect
that it expires on the date established as the "single anniversary date
for renewal of software technical support". At the Government's
discretion, less than 12 months of technical support may be ordered (in
increments as small as 1-month of software technical support). The price
for 1-month shall be determined as 1/12 of the price of a full year of
software technical support and 2 months shall be 2/12 of the price of a
full year of software technical support, etc. (a purely mathematical
calculation).

**The CLIN structure for Section B shall be replicated for 12 option
periods in the same manner as reflected above for the Base Year.**

**1.0 BACKGROUND**

The Next Generation Air Transportation System (NEXTGEN) relies upon a
new decision construct, bringing more systems, customers, and service
providers into the process. Timely data will be needed at more places,
for more purposes, and in common formats to ensure consistent use. The
FAA's current infrastructure cannot readily support this evolution. This
performance gap must be bridged for NEXTGEN to be successful.

The System Wide Information Management (SWIM) Program will provide a
secure NAS-wide information system that connects FAA systems to each
other and enables interaction with other members of the decision-making
community, including other agencies, air navigation service providers,
and airspace users. SWIM will provide policies, standards, and core
services infrastructure to support data management, based on existing
systems and networks to the extent practicable, and proven technologies
to reduce cost and risk.

SWIM will be developed incrementally, based upon the needs of various
data communities, and in segments that are sized to fit the Government's
cost, schedule, and risk thresholds. Several NAS Programs, under the
guidance of the SWIM Program Office, are developing services for SWIM
Segment 1. Each involved NAS Program, referred to as a SWIM Implementing
Program (SIP), will be provided the following items by the SWIM Program
Office:

a.  SWIM Segment 1 Service Requirements

b.  SWIM Segment 1 Standards for development of SWIM Services

c.  SWIM Segment 1 Governance (in addition to standards identified in
    item b, above)

d.  SWIM Segment 1 Service Container Software for use in developing SWIM
    Services

This SOW defines the effort required for the Contractor to support the
SIPs during Segment 1 through provision of Service Container Software
that meets all the requirements specified in Attachment J-2. As needed,
the Government will exercise the Option Years, specified in Section B,
to support the deployment and operation of SWIM services.

The SWIM Program Office has created a website where additional
background information is located. The website can be found at:
[www.swim.gov](http://www.faa.gov/ato?k=swim)

## **2.0 References** {#references .sub-heading}

##  {#section .sub-heading}

The following specifications, standards, instructions, orders,
guidelines and handbooks form a part of this Statement of Work (SOW) and
are applicable to the extent specified herein. The latest version of
these documents as of the contract date shall apply. In the event of a
conflict between this SOW and a referenced document, the SOW shall take
precedence:

A.  Copies of FAA specifications and interface documents may be obtained
    from the Federal Aviation Administration, 800 Independence Avenue,
    SW, Washington, D.C. 20591. Requests should fully identify material
    desired and cite the solicitation or contract number.

B.  National Institute of Standards and Technology (NIST) standards may
    be obtained from the Systems and Software Technology Division,
    Computer Systems Laboratory, National Institute of Standards and
    Technology, Gaithersburg, MD 20899 or ordered from the NIST website
    at <http://www.nist.gov/.>

C.  Requests for copies of documents not covered in the preceding
    paragraphs should be addressed to the Contracting Officer. Requests
    should fully identify material desired and cite the solicitation or
    contract number.

## **3.0 Requirements** {#requirements .sub-heading}

##  {#section-1 .sub-heading}

The Contractor shall provide the Service Container Software product(s)
to the Government in accordance with terms and conditions defined in
this contract. The Contractor shall also provide product support to the
Government for the Service Container Software product(s). For purposes
of this effort, the term "support" refers to product upgrades as well as
Technical and Maintenance support, as identified below.

1.  The Service Container Software (SCS) product(s) shall meet all
    requirements of the Government, as identified in Section C as well
    as Attachment J-2: SWIM Service Container Software Requirements. The
    Contractor shall also provide:

    a.  All product upgrades, as available.

    b.  Technical information regarding proposed product upgrades, as
        available.

    c.  Technical information regarding product "bug fixes", as
        required.

    d.  Delivery of proposed "software patches", as required.

2.  The Contractor shall provide support for the SCS product(s) that
    includes the following:

```{=html}
<!-- -->
```
a.  Identification of a toll free "Help Line" or equivalent that
    provides general technical support between the hours of 8 am and 5
    pm, U.S. eastern time, Monday -- Friday, excluding Government
    holidays.

b.  Response to non-complex technical questions from product experts
    within 1 business day.

    c\. For complex technical questions, the Contractor shall respond
    within 1 business day, providing the timeframe needed to supply a
    complete answer. Complex technical questions must be fully resolved
    within 3 business days, except in extraordinary situations.

    1.  The Contractor's SCS product(s) shall be backward compatible,
        for all future versions delivered to the Government following
        initial purchase.

    2.  The Contractor shall provide support for the SCS product(s) to
        all development and maintenance personnel who are working
        directly with the product, in all Government and associated
        development contractor facilities where the product is
        installed, as identified by the CO.

    3.  The Contractor shall provide 3 months advance notice to the
        Government of any changes in the SCS product(s), along with a
        technical description of those planned changes.

    4.  The Contractor shall provide the following documents to the
        Government, as ordered under CLIN 0007, for each SCS product:

    ```{=html}
    <!-- -->
    ```
    a.  Reproducible copy of the User Manuals (electronic format is
        preferred).

    b.  Reproducible copy of the Installation Manual (electronic format
        is preferred).

    c.  Reproducible copy of other product documentations that would be
        useful to or required by software developers and maintainers
        (electronic format is preferred).

    ```{=html}
    <!-- -->
    ```
    5.  The Contractor shall provide training on the proposed SCS
        product(s) in accordance with the Contractor's existing training
        capabilities. The Contractor shall provide alternative methods
        of training delivery (e.g., classroom, web-based, and/or CBI).

```{=html}
<!-- -->
```
a.  Training shall be repeatable.

b.  Training shall be offered with product upgrades and new releases,
    and provided by the Contractor at the Government's option.

c.  Training shall be available to facilitate product installation,
    trouble-shooting, and normal operations

d.  Classroom training shall be conducted as follows:

    1.  A minimum of six (6) and a maximum of twelve (12) students.

    2.  The Contractor shall conduct training courses on the date(s)
        (time, day(s) month and year) as agreed by the FAA and the
        Contractor.

    3.  The FAA will notify the Contractor at least one (1) business day
        before the scheduled training date, if a student will be unable
        to attend training. The Government reserves the right to
        substitute one student for another up to the first\
        day of class.

    4.  The FAA will notify the Contractor in the event of cancellation
        or rescheduling at least (5) business days before a class at the
        contractor's facility and ten (10) business days before a class
        at a Government designated site. The FAA has the option to
        either cancel the training class or reschedule the training at
        no additional charge.

    ```{=html}
    <!-- -->
    ```
    1.  The software license for the proposed SCS product(s) shall
        enable installation of the SCS product(s) in all Government and
        associated development contractor facilities, as identified by
        the CO.

**D.1 PRESERVATION, PACKING, AND PACKAGING**

The Contractor shall be responsible for the preservation, packing, and
packaging of all items to be delivered under this contract. This
responsibility shall be carried out in a manner wherein adequate
protection is provided against physical damage during shipment and
handling from sources of supply to the specific destination. The
Contractor shall preserve, pack and package in such a way to ensure
complete delivery at the destination without damage or deterioration of
the items due to the hazards of shipping, handling or storage. Standard
commercial preservation, packing, and packaging practices shall be
employed.

**D.2 MARKING**

The Contractor shall mark each package, report, or other deliverable
with the following:

a\. Name and address of Contractor

b\. FAA contract number under which the item is being delivered

c\. Deliverable item number or report requirement which requires the
delivered item(s)

d\. Notice of partial or final delivery

e\. Name and organizational routing symbol of person to whom deliverable
is being sent

Each package, report, or other deliverable shall be accompanied by a
transmittal letter, with a copy to the Contracting Officer and
Contracting Officer's Technical Representative.

**E.1 AMS 3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE**

This contract incorporates by reference one or more 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://fast.faa.gov](http://fast.faa.gov/) (on
this web page, select \"Contract Writing/Clauses\").

3.10.4-1 Contractor Inspection Requirements (April 1996)

3.10.4-2 Inspection of Supplies -- Fixed Price (November 1997)

3.10.4.16 Responsibility for Supplies (April 1996)

**F.1 AMS 3.1-1 Clauses and Provisions Incorporated by Reference**
(December 2005)

This contract 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]{.underline}](http://conwrite.faa.gov/) (on
this web page, select \"Search and View Clauses\").

3.11-34 F.O.B. Destination (April 1999)

3.10.1-9 Stop-Work Order (October 1996)

3.10.1-24 Notice of Delay (November 1997)

3.2.4-20 Indefinite Quantity (July 1996)

**F.2 PERIOD OF PERFORMANCE**

If all options are exercised, the contract will extend for a maximum
period of 13 years. The Base and Option periods are defined as follows:

  -------------------------- --------------------- -----------------------
  **PERIOD**                 **FROM**              **THROUGH**

  Base Period (Base)         Contract Award        12 MAC

  Option Period 1 (OP-1)     13 MAC                24 MAC

  Option Period 2 (OP-2)     25 MAC                36 MAC

  Option Period 3 (OP-3)     37 MAC                48 MAC

  Option Period 4 (OP-4)     49 MAC                60 MAC

  Option Period 5 (OP-5)     61 MAC                72 MAC

  Option Period 6 (OP-6)     73 MAC                84 MAC

  Option Period 7 (OP-7)     85 MAC                96 MAC

  Option Period 8 (OP-8)     97 MAC                108 MAC

  Option Period 9 (OP-9)     109 MAC               120 MAC

  Option Period 10 (OP-10)   121 MAC               132 MAC

  Option Period 11 (OP-11)   133 MAC               144 MAC

  Option Period 12 (OP-12)   145 MAC               156 MAC
  -------------------------- --------------------- -----------------------

## MAC- Months After Contract Award  {#mac--months-after-contract-award .unnumbered}

**F.3 TIME OF DELIVERY**

**CLINs 0001, 0002 and 0003**

For all software license CLINs under the contract, the Government
requires that delivery be made no later than 30 days after the order is
placed in accordance with the ordering procedure defined in Section
H.13.

**CLINs 0004 and 0005**

For the Technical Support for Software Licenses CLIN under the contract,
the period of performance begins immediately upon delivery of each
software license.

**CLIN 0006**

For all training CLINs under the contract, training dates will be
negotiated on a mutually agreeable basis.

## CLIN 0007 {#clin-0007 .unnumbered}

Documentation for CLIN 0001 shall be provided concurrent with the
license. Documentation for CLINs 0002 and 0003 shall be delivered no
later than 30 days after the order is placed in accordance with the
ordering procedure defined in Section H.13.

**G.1 FAA CONTACTS FOR POST-AWARD ADMINISTRATION**

The Contractor shall use one of the following FAA contacts, as
applicable, as the focal point for all matters regarding this contract:

**G.1.1 CONTRACTING OFFICER (CO)**

The FAA\'s Contracting Officer is:

+-----------------------------------------------------------------------+
| Sue Handy, AJA-47                                                     |
|                                                                       |
| Federal Aviation Administration                                       |
|                                                                       |
| 800 Independence Ave., S.W.                                           |
|                                                                       |
| Washington, DC 20591                                                  |
+-----------------------------------------------------------------------+
| Telephone: (202) 493-5942                                             |
+-----------------------------------------------------------------------+
| Fax: (202) 493-5927                                                   |
+-----------------------------------------------------------------------+
| Email: sue.handy@faa.gov                                              |
+-----------------------------------------------------------------------+

**G.1.2. CONTRACT SPECIALIST (CS)**

The FAA's Contract Specialist is:

To Be Determined

**G.1.3 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR)**

The FAA's Contracting Officer's Technical Representative is:

+-----------------------------------------------------------------------+
| Jeffery Hobbs, AJW-52                                                 |
|                                                                       |
| Federal Aviation Administration                                       |
|                                                                       |
| 800 Independence Ave., S.W.                                           |
|                                                                       |
| Washington, DC 20591                                                  |
+-----------------------------------------------------------------------+
| Telephone: (202) 267-9772                                             |
+-----------------------------------------------------------------------+
| Fax: (202) 493-5057                                                   |
+-----------------------------------------------------------------------+
| Email: Jeffery.Hobbs@faa.gov                                          |
+-----------------------------------------------------------------------+

**G.2 CORRESPONDENCE PROCEDURES**

To promote timely and effective administration, correspondence shall be
addressed to the FAA CO with an information copy of the correspondence
to the FAA COTR.

**G.3 BILLING INSTRUCTIONS**

\(a\) The Contractor shall submit invoices no more often than monthly
unless otherwise authorized, in writing, by the Contracting Officer. The
Contractor shall submit all invoices for payment under this contract
with the following information:

> \(1\) The Contract Number
>
> \(2\) The Invoice Number and Date prepared
>
> \(3\) The Contractor's name, mailing address, and telephone number
>
> \(4\) Identify the billing period covered by month, day and year
>
> \(5\) Dollar amount for the current billing period, itemized by CLIN,
> quantity, unit price and total price.
>
> \(6\) Cumulative dollar amount for the contract, itemized by CLIN,
> quantity, unit price and total price.
>
> \(7\) Certification and signature of an appropriate management
> official as follows:
>
> "I certify that this invoice is correct and in accordance with the
> terms of the contract. I further certify that the costs included
> herein have been incurred, represent payments made by the Contractor,
> and properly reflect the work performed."
>
> Signature of Official Date of Signature
>
> Signer\'s name typed or printed
>
> Signer\'s Title
>
> \(8\) Name and telephone number of the Contractor's contact for
> resolution of questions.

\(b\) The Contractor shall deliver their invoices according to the
following distribution:

> **AMZ-110 - Accounting original and one copy:**

FAA AC ACCTG Office

DOT/FAA AMZ-110

PO Box 25710

> Oklahoma City, OK 73125
>
> **Contracting Officer - CO original and one copy:**
>
> Federal Aviation Administration
>
> Attn: Sue Handy, AJA-47
>
> 800 Independence Avenue, S. W.
>
> Washington, DC 20591
>
> **Contracting Officer's Technical Representative - One copy**
>
> Federal Aviation Administration
>
> Attn: Jeffery Hobbs, AJW-52
>
> 800 Independence Avenue, S. W.
>
> Washington, DC 20591

\(c\) The Contractor shall submit a summary invoice requesting a single
payment for the total billed, with appropriate breakdown by individual
CLINs. The invoices must comply fully with the requirements set forth in
this contract.

**G.4 METHOD OF PAYMENT**

\(a\) Payments under this contract will be made either by check or by
wire transfer through the Treasury Financial Communications System at
the option of the FAA.

\(b\) The Contractor shall forward the following information in writing
to the Federal Aviation Administration, Accounting Office, DOT/FAA
AMZ-110, PO Box 25710, Oklahoma City, OK 73125, not later than seven
days after receipt of notice of award:

\(1\) full name (where practicable), title, phone number, and complete
mailing address of

responsible official(s):

\(i\) to whom check payments are to be sent, and

\(ii\) who may be contacted concerning the bank account information
requested

below;

\(2\) the following bank account information is required to accomplish
wire transfers:

\(i\) name, address, and telegraphic abbreviation of the receiving
financial

institution;

\(ii\) receiving financial institution\'s 9-digit American Bankers
Association (ABA)

identifying number for routing transfer of funds (provide the number
only if the

receiving financial institution has access to the Federal Reserve
Communications

System);

\(iii\) recipient\'s name and account number at the receiving financial
institution to

be credited with the funds;

\(iv\) if the receiving financial institution does not have access to
the Federal Reserve

Communications System, provide the name of the correspondent financial
institution

through which the receiving financial institution receives electronic
funds transfer

messages. If a correspondent financial institution is specified, also
provide:

\(A\) address and telegraphic abbreviation of the correspondent
financial

institution;

\(B\) the correspondent financial institution\'s 9-digit ABA identifying

number for routing transfer of funds.

\(c\) Any changes to the information furnished under paragraph (b) of
this clause shall be furnished in writing to the Federal Aviation
Administration, Accounts Payable Branch, AFM-220, 800 Independence
Avenue, SW, Washington, DC 20591 at least thirty (30) days before the
effective date of the change. It is the Contractor\'s responsibility to
furnish the changes promptly to avoid payment to erroneous addresses or
bank accounts.

\(d\) The document furnishing the information required in paragraphs (b)
and (c) must be dated and contain the signature, title, and telephone
number of the Contractor official authorized to provide it as well as
the Contractor\'s name and contract number.

**G.5 RESPONSIBILITY OF PRINCIPAL CONTRACTOR TO MAKE**

**PAYMENTS TO SUBCONTRACTORS/CONSULTANTS**

The principal Contractor shall be responsible for making flow down
payments due to subcontractors or consultants in a timely manner
consistent with Government payment to the principal Contractor. The
principal Contractor should not infer that payments made to
subcontractors or consultants are predicated on payments made by the
Government to the principal Contractor.

#### H.1 TYPE OF CONTRACT {#h.1-type-of-contract .unnumbered}

This is a Firm Fixed Price Indefinite Delivery Indefinite Quantity
contract, as specified in the CLINs listed in Section B.

####### H.2 TECHNICAL DIRECTION {#h.2-technical-direction .unnumbered}

Performance of the work under this contract shall be subject to the
technical direction of the COTR. The term \"technical direction\" is
defined to include, without limitation, the following:

\(a\) Directions to the Contractor which redirect the contract effort
within the existing scope of work, shift work emphasis between work
areas or tasks, fill in details or otherwise serve to accomplish the
Statement of Work;

\(b\) Provision of written information to the Contractor, which assists
in the interpretation of the Requirements Specification, SOW and other
technical documents;

\(c\) Review of deliverables submitted by the Contractor.

\(d\) Technical direction shall be issued in writing by the COTR. The
COTR does not have the authority to, and may not issue any technical
direction which: (1) constitutes an assignment of additional work
outside the Scope of Work; (2) constitutes a change; (3) in any manner
causes an increase or decrease in any of the prices under the contract,
or the time required for contract performance; (4) changes any of the
expressed terms, conditions, or specifications of the contract; or (5)
interferes with the Contractor\'s right to perform the terms and
conditions of the contract.

**H.3 CONTRACTOR RESPONSIBILITIES**

The Contractor shall proceed promptly with the performance of technical
directions duly issued by the COTR in the manner prescribed by this
clause and within the authority under the provisions of this clause. If
the Contractor receives direction from any person other than the CO,
which is outside the scope of the contract, the contractor should notify
the CO as directed in H.5, below.

**H.4 DETERMINATION OF CHANGE**

If, in the opinion of the Contractor, any instruction or direction by
the COTR falls outside the categories defined in paragraph H.2, above,
the Contractor shall not proceed but shall notify the CO in writing
within five (5) working days after receipt of any such instruction or
direction from the COTR and the Contractor shall request the CO to
modify the contract accordingly. Upon receipt of the notification from
the Contractor, the CO shall: (a) advise the Contractor in writing,
within thirty (30) calendar days after receipt of the Contractor\'s
letter, that the technical direction is within the scope of the contract
effort and does not constitute a change to the contract; (b) advise the
Contractor, within a reasonable length of time, that the instruction or
direction is not within the scope of work but that the Government will
modify the contract to provide for the change; or (c) advise the
Contractor, within a reasonable length of time, that the instruction or
direction is not within the scope of work and that the Government will
not modify the contract, in which case the Contractor is not to perform
the work requested by the COTR.

**H.5 CONTRACTING OFFICER'S AUTHORITY**

The Contracting Officer has the 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 individual authorized to
approve changes to any of the requirements under this contract, and
notwithstanding any provision contained elsewhere in this contract, said
authority remains solely with the Contracting Officer.

**H.6 INTERPRETATION OR MODIFICATION**

No oral statement of any person and no written statement by anyone other
than the Contracting Officer or his/her designated, authorized
representative, acting within the limits of the authority specified in
such designation, shall modify or otherwise affect any provision of this
contract. All requests for interpretation shall be made in writing to
the Contracting Officer.

#### H.7 RELEASE OF INFORMATION {#h.7-release-of-information .unnumbered}

Work performed under this contract may involve access to information,
software or other sensitive data of the Government. Consequently, the
Contractor (including individual employees thereof) shall not release,
utilize for purposes other than performance on this contract, or
communicate, except as required by law or regulations, such information,
including any news release, public announcement, or advertising material
concerned with this contract, unless authorized by the Contracting
Officer.

####### H.8 CONFIDENTIALITY OF DATA AND INFORMATION  {#h.8-confidentiality-of-data-and-information .unnumbered}

\(a\) The Contractor and any of its subcontractors in performance of
this contract, may have access to and use of various types of data,
information and software in the possession of the Government which the
Government obtained under conditions which restrict the Government\'s
right to use and disclose the data and information, or which may be of a
nature that its dissemination or use other than in the performance of
this contract, would be adverse to the interests of the Government or
other parties. Therefore, the Contractor and its subcontractors agree to
abide by any restrictive use conditions on such data and not to:

> \(1\) knowingly disclose such data and information to others without
> written authorization from the Contacting Officer, unless the
> Government has made the data and information available to the public;
> and (2) use for any purpose other than the performance of this
> contract any data, which bears a restrictive marking or legend.

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

\(c\) The Contractor agrees to make employees aware of the requirement
to maintain confidentiality of data and information, as required above,
to the end that they will be disciplined in the necessity to refrain
from divulging either the proprietary data of other companies or data
that is obtained from the Government to anyone except as authorized.

\(d\) The Contractor shall obtain from each employee, engaged in any
effort connected with this contract, an agreement, in writing, which
shall in substance provide that such employee will not, during his/her
employment by the Contractor, or thereafter, disclose to others or use
for his/her own benefit or the future benefit of any individual any
trade secrets, confidential information, or proprietary/restricted data
(to include Government \"For Official Use Only\") received in connection
with the work under this contract.

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

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

\(g\) Except as the Contracting Officer specifically authorizes in
writing, upon completion of all work under the contract, the Contractor
shall return all such data, information and software obtained from the
Government, including all copies, modifications, adaptations, or
combinations thereof, to the Contracting Officer. Data obtained from
another company shall be disposed of in accordance with the
Contractor\'s agreement with that company.

If such data or information cannot reasonably be returned to the
Contracting Officer (or to a company), the Contractor (and any
subcontractor) shall certify in writing to the Contracting Officer that
all copies, modifications, adaptations, or combinations of the data or
information have been deleted from the Contractor\'s (and any
subcontractor\'s) records and destroyed.

\(h\) None of the restrictions on disclosure and use set forth in this
section shall limit the Contractor\'s (or subcontractor\'s) right to use
and disclose any data and information that: is in or enters the public
domain through no fault of the Contractor (or subcontractor); or was
already known to the Contractor (or subcontractor) at the time of its
disclosure under this contract; or is developed by the Contractor (or
subcontractor) independently of disclosure under this contract; or is
obtained from another source without restriction.

**H.9 OPTION TO EXTEND THE TERM OF THE CONTRACT**

The Government shall give the Contractor a preliminary written notice of
its intent to extend the contract at least 30 days before the contract
expires. The preliminary notice does not commit the Government to an
extension.

The Government may extend the term of this contract by written notice to
the Contractor no later than the commencement date of the option period
of performance.

#######  {#section-2 .unnumbered}

####### H.10 TRAVEL AND SUBSISTENCE REIMBURSEMENT {#h.10-travel-and-subsistence-reimbursement .unnumbered}

Travel costs shall be reimbursed on a cost only basis. No overhead, G&A
or profit will be applied. Travel costs are subject to Joint Federal
Travel Regulations guidelines and any other limitations cited below:

\(a\) The Contractor shall be reimbursed for allocable, allowable and
reasonable travel expenses. Except as otherwise provided herein, the
Contractor shall be reimbursed for travel on the basis of actual
expenses incurred in accordance with the Federal Travel Regulation (FTR)
and subject to the following:

(1) All travel, whether it be within the continental United States or
    outside the continental United States, shall be accomplished by
    commercial carrier, rail, privately-owned automobile or auto rental
    and the cost paid by the Contractor. The Government will reimburse
    the Contractor in accordance with the "Federal Travel Regulation"
    for domestic transportation on the basis of actual cost if by
    commercial or Government carrier, and at the current rate per mile,
    plus road and bridge tolls.

(2) The travel reimbursement herein includes only that travel
    (commercial carrier, or private automobile or auto rental) performed
    from the Contractor's plant to the site of work, between the site of
    work, and from the site of work to the Contractor's plant. Travel
    within a Government installation where Government transportation is
    available, and travel performed for personal convenience, including
    daily travel to and from work, will not be reimbursed.

```{=html}
<!-- -->
```
(3) Relocation costs and travel costs incidental to relocation are not
    allowable as a direct charge to the contract and will not be
    reimbursed as a direct charge.

(4) The Contractor shall use alternate airports where available and
    within a reasonable commuting distance, if it will result in lower
    costs.

(5) The Contractor shall conduct a cost analysis prior to the start of
    travel to determine the overall most cost effective means.

\(b\) [Per Diem]{.underline}: The Contractor will be reimbursed for the
expense of meals, lodging, transportation between places of lodging or
business and places where meals are taken and any other miscellaneous
travel and living expenses incurred in the performance of this contract
at the per diem rate as set forth in accordance with the GSA "Federal
Travel Regulation." Per Diem shall be payable only when the Contractor's
employee is in an authorized travel status. The per diem rate shall be
established in accordance with the "Department of Transportation Travel
Regulations" or a set rate agreed upon by the parties, however, such a
set rate shall not exceed the maximum amount permitted by the GSA
"Federal Travel Regulations."

\(c\) [Contractor Use of Government Discount Rates:]{.underline}

\(1\) To the maximum extent practicable and consistent with travel
requirements, the Contractor agrees to use the reduced air
transportation rates and reduced hotel accommodation rates provided
through available Government discount rates. These discount rates are
for bona fide employee travel that are otherwise reimbursable as a
direct cost pursuant to the contract when use of such rates results in
the lowest overall cost.

\(2\) Upon receipt of a list of eligible Contractor employees, the
Contracting Officer will provide the Contractor with an agency letter of
identification for presentation to participating airlines and hotels.

\(3\) The Federal Travel Directory, which GSA publishes monthly,
identifies current contract airlines and hotels. The symbol in the
Federal Travel Directory for discount hotel rates is CRC.

\(d\) Contractor will synopsize the travel (where and when) and list the
total price for the travel on the invoice that will be sent in
accordance with the instructions in Section G. A copy of the
Contractor's travel expense report accompanied by a delineation of the
travel will be attached to the invoice when submitted for payment.

\(e\) No travel may be taken without the specific approval of the COTR.

**H.11 SECTION 508 OF THE REHABILITATION ACT AMENDMENT OF 1998**

The Contractor shall comply with the applicable portions of Section 508
of the Rehabilitation Act Amendment of 1998 as implemented by 36CFR part
1194 to ensure that Federal employees with disabilities have access to
and use of information and data that is comparable to the access and use
by Federal employees who are not individuals with disabilities. Section
508 does not require the installation of specific accessibility-related
software or the attachment of an assistive technology device at a
workstation of a Federal employee who is not an individual with a
disability. The Architectural and Transportation Barriers Compliance
Board (Access Board) accessibility standards for electronic and
information technology covered by Section 508 can be found at
http://www.access-board.gov/sec508/508standards.htm.

**H.12 Fixed-Priced Contracts with Economic Price Adjustment-Standard
Supplies, 3.2.4-2**     (April 1996)

\(a\) The Contractor warrants that the unit price stated in the
\"Schedule\" for all CLINs is not in excess of the Contractor\'s
applicable established price in effect on the contract date for like
quantities of the same item. The term unit price excludes any part of
the price directly resulting from requirements for preservation,
packaging, or packing beyond standard commercial practice. The term
established price means a price that:\
\
(1) is an established catalog or market price for a commercial item sold
in substantial quantities to the general public, and\
\
(2) is the net price after applying any standard trade discounts offered
by the Contractor.\
\
(b) The Contractor shall promptly notify the Contracting Officer of the
amount and effective date of each decrease in any applicable established
price. Each corresponding contract unit price shall be decreased by the
same percentage that the established price is decreased. The decrease
shall apply to those items delivered on and after the effective date of
the decrease in the Contractor\'s established price, and this contract
shall be modified accordingly. The Contractor shall certify:\
\
(1) on each invoice that each unit price stated in it reflects all
decreases required by this clause, or\
\
(2) on the final invoice that all required price decreases have been
applied as required by this clause.\
\
(c) If the Contractor\'s applicable established price is increased after
the contract date, the corresponding contract unit price shall be
increased, upon the Contractor\'s written request to the Contracting
Officer, by the same percentage that the established price is increased,
and the contract shall be modified accordingly, subject to the following
limitations:

\(1\) No increase can be affected prior to the start of Option Period 5.

\(2\) Any increases in any contract unit price under this clause shall
not exceed the rate of inflation in accordance with OMB inflation
guidelines.\
\
(3) The increased contract unit price shall be effective within 10 days
after receipt of a properly supported written request submitted to the
Contracting Officer. The effective date will be delayed until the
Contractor can submit information to substantiate the request.\
\
(4) The increased contract unit price shall not apply to quantities
ordered before the effective date of the increased contract unit price.

\(5\) No modification increasing a contract unit price shall be executed
under this provision until the Contracting Officer verifies the increase
in the applicable established price.\
\
(6) Within 30 days after receipt of the Contractor\'s written request,
the Contracting Officer may cancel, without liability to either party,
any undelivered portion of the contract items affected by the requested
increase.\
\
(d) During the time allowed for the cancellation provided for in
subparagraph (c)(6) above, and thereafter if there is no cancellation,
the Contractor shall continue deliveries as ordered by the Government,
and the Government shall pay for such deliveries at the contract unit
price, increased to the extent provided by paragraph (c), above.

##  {#section-3 .unnumbered}

## H.13 INDEFINITE DELIVERY/INDEFINITE QUANTITY ORDERING PROCEDURE {#h.13-indefinite-deliveryindefinite-quantity-ordering-procedure .unnumbered}

The Government will order CLINs from Section B, at the established
prices, by modification to the contract. Orders will be placed as needs
arise. The minimum commitment under this contract is \$50,000.00. The
ceiling value of this contract is \$50,000,000.00.

Orders shall be placed by the issuance of a fully executed and funded
modification to the contract.

# H.14 NOTICE OF CONTRACTOR TESTIMONY (September 2006)  {#h.14-notice-of-contractor-testimony-september-2006 .unnumbered}

\(a\) The Contractor shall notify the contracting Officer promptly in
writing of its intention, or the intention of its employees,
subcontractors of any tier, or subcontractor employees, either
voluntarily or under compulsion of competent authority, to provide sworn
testimony on any matter related to or arising under the work required by
and/or performed under this contract. Such written notification at a
minimum shall consist of the date and time of the testimony,
identification of the court, board, or other body before which the
testimony is made, the nature of the testimony to be given to the extent
it is known at the time of this report, the nature of the Contractor's
involvement in the proceeding and any other circumstances related to the
work performed under or related to the contract and the proceeding in
which the testimony will be taken.

\(b\) The Contractor shall include the substance of this clause,
including this paragraph (b), in all subcontracts executed under this
contract and shall require all subcontractors to provide the required
report to the Contractor.

**H.15 ACCESS TO GOVERNMENT FACILITIES**

Part of the effort required to be accomplished under this contract may
be performed at facilities operated by the Government. The Contractor,
therefore, will be granted ingress and egress at the specific site where
effort is to be performed. Access to a site shall be coordinated with
the COTR or designee.

While contractor personnel are at a site, they are required to comply
with all rules and regulations of the site, particularly in the areas of
health and safety. The facilities to which the Contractor has access at
all times will be in the custody of the Federal Government and will not
be considered \"Government Property\" furnished to the contractor.

The Contractor shall require that all contractor personnel who perform
work at FAA facilities wear identification badges, which clearly
identify individuals as contractor employees.

The FAA reserves the right to issue DOT identification badges to
contractor employees. If DOT badges are required, they will be issued in
accordance with DOT procedures.

If it is brought to the attention of the FAA that any contractor or
subcontractor employee working on this Contract does not meet the
contractual work requirements, the Contractor will be advised in writing
by the Contracting Officer and access to FAA facilities may be denied or
withdrawn for that employee.

# H.16 STRIKES OF PICKETING AFFECTING TIMELY COMPLETION OF THE CONTRACT WORK (SEPTEMBER 2006)  {#h.16-strikes-of-picketing-affecting-timely-completion-of-the-contract-work-september-2006 .unnumbered}

Notwithstanding any other provision hereof, the Contractor is
responsible for delays arising out of labor disputes, including but not
limited to strikes, if such strikes are reasonably avoidable. A delay
caused by a strike or by picketing which constitutes an unfair labor
practice is not excusable unless the Contractor takes all reasonable and
appropriate action to end such a strike or picketing, such as the filing
of a charge with the National Labor Relations Board, the use of other
available Government procedures, and the use of private boards or
organizations for the settlement of disputes.

**H.17 RELATIONSHIPS**

The Contractor shall not take any action with respect to any other
contractor, which causes any change in that contractor\'s scope of work,
costs, or scheduling. The Contractor may be required to enter into
non-disclosure agreements with other vendors to the FAA. In the event
that any conflict arises between the Contractor performing work under
this contract and another vendor to the FAA, the Contracting Officer
will issue a determination in accordance with Section 3.9.1-1 Contract
Disputes.

**H.18 RESTRICTIONS ON PRINTING**

The Congressional Joint Committee on Printing has directed that
Contractors providing equipment and services shall not be prime sources
of printing for Government agencies. However, duplicating of reports,
data, or other written material is authorized provided that the material
produced does not exceed (i) 5,000 production units of any one page, and
(ii) 25,000 production units in the aggregate when multiple pages are
involved. The Contractor under any circumstances does not permit this
duplicating if more than one color is involved, if contact negatives are
involved, or if the pages exceed a maximum image size of 10 3/4 X 14 1/4
inches.

These restrictions do not preclude the writing, editing, preparation of
manuscript or reproducible copy of required items as part of this
contract, or incidental printing such as forms or materials necessary to
be used by the Contractor in the performance of this contract.

When the material to be furnished under the contract exceeds the
production units limits or is otherwise not permitted as specified in
paragraph (a) preceding, the Contractor shall furnish such materials as
justified clean typed text on one side only, line drawings, and
photographs which are suitable as camera ready copy for offset printing.

**H.19 EXCLUSION FROM FUTURE AGENCY CONTRACTS (AMS 3.1.7-1 AUGUST
1997)**

Work under this contract is not expected to create a future
organizational conflict of interest (OCI) that could prohibit the
Contractor from competing for, or being awarded future Government
contracts.

**H.20 MAINTENANCE OF RECORDS AND LITIGATION SUPPORT**

The Contractor shall maintain all records, notes, memoranda, personal
diaries, correspondence, and Government documents, upon which notes or
annotations have been made. These records shall be maintained for a
minimum of two (2) years following contract closeout, or longer if
required by the Contracting Officer and needed for the completion of any
litigation or hearings. The records shall be freely delivered to the FAA
upon request, and shall not be withheld by the Contractor for any
reason. The Contractor and its employees waive any statutory rights they
may have for withholding the documents. In addition, the Contractor
shall support the FAA in litigation to whatever extent required by the
FAA.

In the event any request for support to the FAA occurs after the period
of performance of this task order, separate contractual arrangements
will be made for costs incurred.

#####  {#section-4 .unnumbered}

##### H.21 SUBCONTRACTS {#h.21-subcontracts .unnumbered}

Before entering into subcontracts under this contract, the Contractor
shall obtain the written approval of the Contracting Officer. In
requesting such approvals, the Contractor shall furnish all pertinent
information required by the Contracting Officer, which shall include,
but is not limited to: the contractors under consideration; the period
of performance for the work to be performed; the extent and nature of
the proposed contract; the justification for using subcontractor effort
and the amount of the proposed subcontract.

##   {#section-5 .unnumbered}

## H.22 FUNDING {#h.22-funding .unnumbered}

This contract shall be funded as set forth below:

+------+----------+-----------+----------------------------+----------+
| # Mo | ## PR# { | ## CLINs  | ##                         | ## Amou  |
| d {# | #pr .unn | Ordered { | Appropriation Data {#appro | nt {#amo |
| mod  | umbered} | #clins-or | priation-data .unnumbered} | unt .unn |
| .unn |          | dered .un |                            | umbered} |
| umbe |          | numbered} |                            |          |
| red} |          |           |                            |          |
+------+----------+-----------+----------------------------+----------+
| *    |          |           |                            |          |
| *Bas |          |           |                            |          |
| ic** |          |           |                            |          |
+------+----------+-----------+----------------------------+----------+
|      |          |           |                            |          |
+------+----------+-----------+----------------------------+----------+
|      |          |           |                            |          |
+------+----------+-----------+----------------------------+----------+
| *    |          |           |                            |          |
| *Tot |          |           |                            |          |
| al** |          |           |                            |          |
+------+----------+-----------+----------------------------+----------+

**3.1-1 Clauses and Provisions Incorporated by Reference** (June 1999)

This contract incorporates by reference the 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://fast.faa.gov (on this web page, select \"Toolsets\", then
\"Procurement Toolbox\").

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

**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)

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

**3.2.2.7-6 Protecting the Government's Interest when Subcontracting
with Contractors Debarred, Suspended, or Proposed for Debarment** (April
1996)

**3.2.4-5 Allowable Cost & 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)

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

**3.3.1-12 Limitation Of Costs** (April 1996)

**3.3.1-14 Limitation Of Funds** (April 1996)

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

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

**3.3.1-25 Mandatory Information for Electronic Funds Transfer Payment
-- Central Contractor Registration (CCR)** (June 2001)

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

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

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

**3.5-10 Patent Rights-Retention by The Contractor (Short form)**
(October 1996)

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

**3.6.2-12 Affirmative Action for Special Disabled and Vietnam Era
Veterans** (April 2007)

**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** (April 2007)

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

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

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

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

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

**3.10.1-9/alt1 Stop-Work Order Alternate I** (October 1996)

**3.10.1-25**     **Novation and Change-of-Name Agreements** (October
2007)

**3.10.2-1 Subcontracts (Fixed Price)** (April 1996)

**3.10.2-6 Subcontracts for Commercial Items and Commercial Components**
(April 1996)

**3.10.3-2 Government Property -- Basic Clause** (April 2004)-
**Alternate I** (April 2004)

**3.10.6-1 Termination for Convenience of the Government (Fixed Price)**
(October 1996)

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

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

**3.13-11** **Plain Language** (July 2006)

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

\(a\) All contract disputes arising under or related to this contract
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 contractor may
seek review of a final FAA decision only after its administrative
remedies have been exhausted.\
\
(b) The filing of a contract dispute with the ODRA may be accomplished
by mail, overnight delivery, hand delivery, or by facsimile. A contract
dispute is considered to be filed on the date it is received by the
ODRA.\
\
(c) Contract disputes are to be in writing and shall contain:\
\
(1) The contractor\'s name, address, telephone and fax numbers and the
name, address, telephone and fax numbers of the contractor\'s legal
representative(s) (if any) for the contract dispute;\
\
(2) The contract number and the name of the Contracting Officer;\
\
(3) A detailed chronological statement of the facts and of the legal
grounds for the contractor\'s positions regarding each element or count
of the contract dispute (i.e., broken down by individual claim item),
citing to relevant contract provisions and documents and attaching
copies of those provisions and documents;\
\
(4) All information establishing that the contract dispute was timely
filed;\
\
(5) A request for a specific remedy, and if a monetary remedy is
requested, a sum certain must be specified and pertinent cost
information and documentation (e.g., invoices and cancelled checks)
attached, broken down by individual claim item and summarized; and\
\
(6) The signature of a duly authorized representative of the initiating
party.\
\
(d) Contract disputes shall be filed at the following address:\
\
(1) Office of Dispute Resolution for Acquisition (ODRA), 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.\
\
(e) A contract dispute against the FAA shall be filed with the ODRA
within two (2) years of the accrual of the contract claim involved. A
contract dispute by the FAA against a contractor (excluding contract
disputes alleging warranty issues, fraud or latent defects) likewise
shall be filed within two (2) years after the accrual of the contract
claim. If an underlying contract entered into prior to the effective
date of this part provides for time limitations for filing of contract
disputes with the ODRA which differ from the aforesaid two (2) year
period, the limitation periods in the contract shall control over the
limitation period of this section. In no event will either party be
permitted to file with the ODRA a contract dispute seeking an equitable
adjustment or other damages after the contractor has accepted final
contract payment, with the exception of FAA claims related to warranty
issues, gross mistakes amounting to fraud or latent defects. FAA claims
against the contractor based on warranty issues must be filed within the
time specified under applicable contract warranty provisions. Any FAA
claims against the contractor based on gross mistakes amounting to fraud
or latent defects shall be filed with the ODRA within two (2) years of
the date on which the FAA knew or should have known of the presence of
the fraud or latent defect.\
\
(f) A party shall serve a copy of the contract dispute upon the other
party, by means reasonably calculated to be received on the same day as
the filing is to be received by the ODRA.\
\
(g) After filing the contract dispute, the contractor should seek
informal resolution with the Contracting Officer.\
\
(h) The FAA requires continued performance with respect to contract
disputes arising under this contract, in accordance with the provisions
of the contract, pending a final FAA decision.\
\
(i) The FAA will pay interest on the amount found due and unpaid from
(1) the date the Contracting Officer receives the contract dispute, or
(2) the date payment otherwise would be due, if that date is later,
until the date of payment. Simple interest on contract disputes shall be
paid at the rate fixed by the Secretary of the Treasury that is
applicable on the date the Contracting Officer receives the contract
dispute and then at the rate applicable for each 6-month period as fixed
by the Treasury Secretary until payment is made.\
\
(j) Additional information and guidance about the ODRA dispute
resolution process for contract disputes can be found on the ODRA
Website at [[http://www.faa.gov]{.underline}](http://www.faa.gov/).

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

\(a\) Upon receipt of a notice that a protest has been filed with the
FAA Office of Dispute Resolution, or a determination that a protest is
likely, the Administrator or his designee may instruct the Contracting
Officer) to direct the Contractor to stop performance of the work called
for by this contract. The order to the Contractor shall be in writing,
and shall be specifically identified as a stop-work order issued under
this clause. Upon receipt of the order, the Contractor shall immediately
comply with its terms and take all reasonable steps to minimize the
incurrence of costs allocable to the work covered by the order during
the period of work stoppage. Upon receipt of the final decision or other
resolution of the protest, the Contracting Officer shall either\--

\(1\) Cancel the stop-work order; or

\(2\) For other than cost-reimbursement contracts, terminate the work
covered by the order as provided in the \"Default\" or the \"Termination
for Convenience of the Government\" clause(s) of this contract; or

\(3\) For cost-reimbursement contracts, terminate the work covered by
the order as provided in the \"Termination\" clause of this contract.

\(b\) If a stop-work order issued under this clause is canceled either
before or after the final resolution of the protest, the Contractor
shall resume work. The Contracting Officer shall make for other than
cost-reimbursement contracts, an equitable adjustment in the delivery
schedule or contract price, or both; and for cost-reimbursement
contracts, an equitable adjustment in the delivery schedule, the
estimated cost, the fee, or a combination thereof, and in any other
terms of the contract that may be affected; and the contract shall be
modified, in writing, accordingly, if\--

\(1\) The stop-work order results in an increase in the time required
for, or in the Contractor\'s cost properly allocable to, the performance
of any part of this contract; and

\(2\) The Contractor asserts its right to an adjustment within 30 days
after the end of the period of work stoppage; provided that if the
Contracting Officer decides the facts justify the action, the
Contracting Officer may receive and act upon a proposal submitted at any
time before final payment under this contract.

\(c\) If a stop-work order is not canceled and the work covered by the
order is terminated for the convenience of the Government, the
Contracting Officer shall allow reasonable costs resulting from the
stop-work order in arriving at the termination settlement.

\(d\) If a stop-work order is not canceled and the work covered by the
order is terminated for default, the Contracting Officer shall allow, by
equitable adjustment or otherwise, reasonable costs resulting from the
stop-work order.

\(e\) The Government\'s rights to terminate this contract at any time
are not affected by action taken under this clause.

**3.9.1-3**     **Protest** (November 2002)

AS A CONDITION OF SUBMITTING AN OFFER OR RESPONSE TO THIS SIR/RFO, 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]{.underline}](http://www.faa.gov/).

**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.

**3.14-4 Government-Issued Keys, Identification Badges, and Vehicle
Decals** (July 2006)

\(a\) It may become necessary for the Government to issue keys, PIV
cards, vehicle decals, and/or access control cards to contractor
employees. Prior to or upon completion or termination of the work
required hereunder, the contractor must return all such
Government-issued items to the issuing office with notification to the
Contracting Officer\'s Technical Representative (COTR). When contractor
employees who have been issued such items are terminated or no longer
required to perform the work, the Government-issued items must be
returned to the Government within three (3) business days or upon
termination of the contract or the employee. Improper use, possession or
alteration of FAA issued keys, PIV Cards and/or vehicle decals is
subject to penalties under Title 18, USC 499, 506, and 701.\
\
(b) In the event such keys, PIV Cards, or vehicle decals are not
returned, the contractor understands and agrees that the Government may,
in addition to any other withholding provision of the contract, withhold
\[CO to enter appropriate amount\] for each key PIV Card, and vehicle
decal not returned. If the keys, PIV Cards, or vehicle decals are not
returned within 30 calendar days from the date the withholding action
was initiated, any amount so withheld must be forfeited by the
contractor.\
\
(c) Access to aircraft ramp/hangar areas is authorized only to those
persons displaying a flight line identification card and for vehicles, a
current ramp permit issued pursuant to Title 49, Part 1542, Code of
Federal Regulations.\
\
(d) The Government retains the right to inspect inventory, or audit PIV
Cards, keys, vehicle decals, and access control cards issued to the
contractor in connection with the contract at the convenience of the
Government. Any items not accounted for, to the satisfaction of the
Government will be assumed to be lost and the provisions of section (b)
apply.\
\
(e) Keys must be obtained from the COTR who will require the contractor
to sign a receipt for each key obtained. Lost keys, PIV Cards, vehicle
decals, and access control cards must immediately be reported
concurrently to the Contracting Officer (CO), COTR, and \[CO to insert
name of local security division or staff and facility management
office\]. Electronic keying cards are handled in the same manner as
metal keys.\
\
(f) Each contract employee, during all times of on-site performance at
the \[CO to insert location\] must prominently display his/her current
and valid PIV card on the front portion of his/her body between the neck
and waist. Each PIV card holder must not affix pins, stickers, or other
decorations to the PIV.

\(1\) Prior to any contractor employee obtaining a PIV Card or vehicle
decals, the contract employee is required to report in person to the SSE
Registrar or an FAA designated trusted agent for fingerprinting,
photographing, and to submit their required investigation forms as
described in AMS clause 3.14-2, Contractor Personnel Suitability
Requirements. The investigative forms must be submitted to \[CO to
insert name and location of security division or staff\] by the
contractor in a sealed envelope either hand carried by the contractor or
sent via U.S. mail to: \[CO to insert mailing address\]. The SSE will
review the forms and approve interim suitability prior to the contract
employee beginning work. When an interim is granted by the SSE, the
individual may begin work under escort until their OPM fingerprint check
has been returned and successfully adjudicated at such time they can
then be badge. If the contract employee requires a PIV Card, the
fingerprint check must be completed and favorably adjudicated by the SSE
prior to approval or issuance of the PIV card.\
\
(2) To obtain the PIV Card, contractor employee must submit an
identification Card/Credential Application (DOT 1681) signed by the
contractor employee and by the authorized trusted agent (when
applicable) and also by the authorized sponsor to the CO or to the COTR.
The DOT 1681 must contain, as a minimum, under the \"Credential
Justification\" heading, the name of the contractor/company, the
contract number or the appropriate acquisition identification number,
the expiration date of the contract or the task (whichever is sooner),
and the required signatures. The contractor will be notified when the
DOT 1681 has been approved and is ready for processing by the \[CO to
insert name and location of the person who will process the document\].
Arrangements for processing the identification cards, including
photographs and lamination can be made by the contacting \[CO to insert
point of contact with phone number\].\
\
(3) The contractor must contact the SSE to obtain the procedures that
the contractor\'s employees must utilize to obtain their PIV Card.

\(g\) The contractor is responsible for ensuring final out-processing is
accomplished for all departing contractor employees. Final
out-processing must be accomplished by close of business the final
workday of the contractor employee or the next day under special
conditions. The SSE must be notified in writing and ensure that all FAA
medial, including the PIV card are returned to the SSE.

**3.1.7-6 Disclosure of Certain Employee Relationships** (October 2005)

\(a\) 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.

**Attachment**

**[Number]{.underline} [Description]{.underline}**

Attachment J-1 List of Acronyms

Attachment J-2 SWIM Service Container Software Requirements

Attachment J-3 SWIM Service Container Requirements Compliance Summary

Attachment J-4 Business Declaration Form

Attachment J-5 Price Evaluation Scenario

**(a) Definitions**. As used in this provision:

[\"Emerging small business\"]{.underline} means a small business concern
whose size is no greater than 50 percent of the numerical size standard
for the NAICS code designated.

\"Forced or indentured child labor\" means all work or service-

\(1\) Exacted from any person under the age of 18 under the menace of
any penalty for its nonperformance and for which the worker does not
offer himself voluntarily; or

\(2\) Performed by any person under the age of 18 pursuant to a contract
the enforcement of which can be accomplished by process or penalties.

[\"Service-disabled veteran-owned small business concern\"-]{.underline}

\(1\) Means a small business concern-

\(i\) Not less than 51 percent of which is owned by one or more
service-disabled veterans or, in the case of any publicly owned
business, not less than 51 percent of the stock of which is owned by one
or more service-disabled veterans; and

\(ii\) The management and daily business operations of which are
controlled by one or more service-disabled veterans or, in the case of a
veteran with permanent and severe disability, the spouse or permanent
caregiver of such veteran.

\(2\) Service-disabled veteran means a veteran, as defined in 38 U.S.C.
101(2), with a disability that is service-connected, as defined in
38 U.S.C. 101(16).

\"Small business concern\" means a concern, including its affiliates,
that is independently owned and operated, not dominant in the field of
operation in which it is bidding on Government contracts, and qualified
as a small business under the criteria in 13 CFR part 121 and size
standards in this solicitation.

[\"Veteran-owned small business concern\" means a small business
concern-]{.underline}

\(1\) Not less than 51 percent of which is owned by one or more veterans
(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned
business, not less than 51 percent of the stock of which is owned by one
or more veterans; and

\(2\) The management and daily business operations of which are
controlled by one or more veterans.

\"Women-owned business concern\" means a concern which is at least
51 percent owned by one or more women; or in the case of any publicly
owned business, at least 51 percent of its stock is owned by one or more
women; and whose management and daily business operations are controlled
by one or more women.

[\"Women-owned small business concern\" means a small business
concern-]{.underline}

\(1\) That is at least 51 percent owned by one or more women; or, in the
case of any publicly owned business, at least 51 percent of the stock of
which is owned by one or more women; and

\(2\) Whose management and daily business operations are controlled by
one or more women.

**(b)** **Taxpayer Identification Number (TIN)** *(26 U.S.C. 6109,
31 U.S.C. 7701*). (Not applicable if the offeror is required to provide
this information to a central contractor registration database to be
eligible for award.)

\(1\) All offerors must submit the information required in paragraphs
(b)(3) through (b)(5) of this provision to comply with debt collection
requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of
26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by
the Internal Revenue Service (IRS).

\(2\) The TIN may be used by the Government to collect and report on any
delinquent amounts arising out of the offeror\'s relationship with the
Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject
to the payment reporting requirements described in FAR 4.904, the TIN
provided hereunder may be matched with IRS records to verify the
accuracy of the offeror\'s TIN.

\(3\) *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 have income effectively connected with the
conduct of a trade or business in the United States and does not have an
office or place of business or a fiscal paying agent in the United
States;

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

\[ \] Offeror is an agency or instrumentality of the Federal Government.

\(4\) *Type of organization*.

\[ \] Sole proprietorship;

\[ \] Partnership;

\[ \] Corporate entity (not tax-exempt);

\[ \] Corporate entity (tax-exempt);

\[ \] Government entity (Federal, State, or local);

\[ \] Foreign government;

\[ \] International organization per 26 CFR 1.6049-4;

\[ \] Other \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\(5\) *Common parent*.

\[ \] Offeror is not owned or controlled by a common parent;

\[ \] Name and TIN of common parent:

Name \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

TIN \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

**(c)** Offerors must complete the following representations when the
resulting contract is to be performed inside the United States, its
territories or possessions, Puerto Rico, the Trust Territory of the
Pacific Islands, or the District of Columbia. Check all that apply.

\(1\) *Small business concern*. The offeror represents as part of its
offer that it \[ \] is, \[ \] is not a small business concern.

\(2\) *Veteran-owned small business concern*. \[*Complete only if the
offeror represented itself as a small business concern in paragraph
(c)(1) of this provision*.\] The offeror represents as part of its offer
that it \[ \] is, \[ \] is not a veteran-owned small business concern.

\(3\) *Service-disabled veteran-owned small business concern*.
\[*Complete only if the offeror represented itself as a veteran-owned
small business concern in paragraph (c)(2) of this provision*.\] The
offeror represents as part of its offer that \[ \] is, \[ \] is not a
service-disabled veteran-owned small business concern.

\(4\) *Small disadvantaged business concern*. \[*Complete only if the
offeror represented itself as a small business concern in paragraph
(c)(1) of this provision*.\] The offeror represents, for general
statistical purposes, that it \[ \] is, \[ \] is not a small
disadvantaged business concern as defined in 13 CFR 124.1002.

\(5\) *Women-owned small business concern*. \[*Complete only if the
offeror represented itself as a small business concern in paragraph
(c)(1) of this provision*.\] The offeror represents that \[ \] is, \[ \]
is not a women-owned small business concern.

\(6\) *Women-owned business concern (other than small business
concern*). \[*Complete only if the offeror is a women-owned business
concern and did not represent itself as a small business concern in
paragraph (c)(1) of this provision*.\] The offeror represents that it \[
\] is a women-owned business concern.

\(7\) *Tie bid priority for labor surplus area concerns*. If this is an
invitation for bid, small business offerors may identify the labor
surplus areas in which costs to be incurred on account of manufacturing
or production (by offeror or first-tier subcontractors) amount to more
than 50 percent of the contract price:

\(8\) *HUBZone small business concern*. \[*Complete only if the offeror
represented itself as a small business concern in paragraph (c)(1) of
this provision*.\] The offeror represents, as part of its offer, that-

\(i\) It \[ \] is, \[ \]is not a HUBZone small business concern listed,
on the date of this representation, on the List of Qualified HUBZone
Small Business Concerns maintained by the Small Business Administration,
and no material change in ownership and control, principal place of
ownership, or HUBZone employee percentage has occurred since it was
certified by the Small Business Administration in accordance with 13 CFR
part 126; and

\(ii\) It \[ \] is, \[ \] is not a joint venture that complies with the
requirements of 13 CFR part 126, and the representation in paragraph
(c)(10)(i) of this provision is accurate for the HUBZone small business
concern or concerns that are participating on the joint venture. \[*The
offeror shall enter the name or names of the HUBZone small business
concern or concerns that are participating in the joint venture*:
\_\_\_\_\_\_\_\_\_\_.\] Each HUBZone small business concern
participating in the joint venture shall submit a separate signed copy
of the HUBZone representation.

\(9\) (Complete if the offeror has represented itself as disadvantaged
in paragraph (c)(4) or (c)(9) of this provision.)

\[*The offeror shall check the category in which its ownership falls*\]:

\_\_\_\_Black American.

\_\_\_\_Hispanic American.

\_\_\_\_Native American (American Indians, Eskimos, Aleuts, or Native
Hawaiians).

\_\_\_\_Asian-Pacific American (persons with origins from Burma,
Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan,
Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust
Territory of the Pacific Islands (Republic of Palau), Republic of the
Marshall Islands, Federated States of Micronesia, the Commonwealth of
the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji,
Tonga, Kiribati, Tuvalu, or Nauru).

\_\_\_\_Subcontinent Asian (Asian-Indian) American (persons with origins
from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives
Islands, or Nepal).

\_\_\_\_Individual/concern, other than one of the preceding.

*Alternate II (Oct 2000).* As prescribed in 12.301(b)(2), add the
following paragraph (c)(9)(iii) to the basic provision:

\(iii\) *Address*. The offeror represents that its address \[ \] is, \[
\] is not in a region for which a small disadvantaged business
procurement mechanism is authorized and its address has not changed
since its certification as a small disadvantaged business concern or
submission of its application for certification. The list of authorized
small disadvantaged business procurement mechanisms and regions is
posted at http://www.arnet.gov/References/ sdbadjustments.htm. The
offeror shall use the list in effect on the date of this solicitation.
\"Address,\" as used in this provision, means the address of the offeror
as listed on the Small Business Administration\'s register of small
disadvantaged business concerns or the address on the completed
application that the concern has submitted to the Small Business
Administration or a Private Certifier in accordance with 13 CFR part
124, subpart B. For joint ventures, \"address\" refers to the address of
the small disadvantaged business concern that is participating in the
joint venture.

**(d) Representations required to implement provisions of Executive
Order 11246-**

\(1\) Previous contracts and compliance. The offeror represents that-

\(i\) It \[ \] has, \[ \] has not participated in a previous contract or
subcontract subject to the Equal Opportunity clause of this
solicitation; and

\(ii\) It \[ \] has, \[ \]has not filed all required compliance reports.

\(2\) *Affirmative Action Compliance*. The offeror represents that-

\(i\) It \[ \] has developed and has on file, \[ \] has not developed
and does not have on file, at each establishment, affirmative action
programs required by rules and regulations of the Secretary of Labor
(41 cfr parts 60-1 and 60-2), or

\(ii\) It \[ \] has not previously had contracts subject to the written
affirmative action programs requirement of the rules and regulations of
the Secretary of Labor.

**(e) Certification Regarding Payments to Influence Federal
Transactions** *(31 U.S.C. 1352*). (Applies only if the contract is
expected to exceed \$100,000.) By submission of its offer, the offeror
certifies to the best of its knowledge and belief that no Federal
appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress or an
employee of a Member of Congress on his or her behalf in connection with
the award of any resultant contract.

**3.2.2.3-10 TYPE OF BUSINESS ORGANIZATION (JULY 2004)**

The Vendor shall submit the following in response to this request for
proposal: The Vendor, by checking the applicable box, represents
that\--It operates as \[ \] a corporation incorporated under the laws of
the State of, \[ \] an individual, \[ \] a partnership, \[ \] a
nonprofit organization, or \[ \] a joint venture. If the Vendor or
quoter is a foreign entity, it operates as \[ \] individual, \[ \] a
partnership, \[ \] a nonprofit organization, \[ \] a joint venture, or
\[ \] a corporation, registered for business in
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ .
(country)

(End of clause)

**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:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**3.2.2.7-7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED
DEBARMENT, AND OTHER RESPONSIBILITY MATTERS** (APRIL 1996)

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

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

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

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

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

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

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

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

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

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

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

**3.6.2-3 WALSH-HEALEY PUBLIC CONTRACTS ACT REPRESENTATION** (January
1998)

The Offeror represents as a part of this offer that the Offeror is \[ \]
or is not \[ \] a regular dealer in, or is

\[ \] or is not \[ \] a manufacturer of, the supplies offered.

**3.13-4** **Contractor Identification Number---Data Universal Numbering
System (DUNS) Number** (August 1997)

\(a\) \"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.\
\
(b) Contractor identification is essential for complying with statutory
contract reporting requirements. Therefore, the Offeror shall submit its
DUNS number, annotated as \"DUNS\" following its name and address on the
cover sheet of its proposal.\
\
(c) If the Offeror does not have a DUNS number, it should contact Dun
and Bradstreet directly to obtain one. A DUNS number will be provided
immediately by telephone at no charge to the Offeror. For information on
obtaining a DUNS number, the offeror should call Dun and Bradstreet at
1-800-333-0505. The Offeror should be prepared to provide the following
information:\
(1) Company name.\
(2) Company address.\
(3) Company telephone number.\
(4) Line of business.\
(5) Chief executive officer/key manager.\
(6) Date the company was started.\
(7) Number of people employed by the company.\
(8) Company affiliation.

\(d\) Offerors located outside the United States may obtain the location
and phone number of the local Dun and Bradstreet Information Services
office from the Internet Home Page at
http://www.dbis.customer/custlist.htm.

### L.1 FAA AMS Reference Clauses {#l.1-faa-ams-reference-clauses .unnumbered}

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\").

**Clause**

**[Number]{.underline} [Clause Title]{.underline}**

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

**3.2.2.3-15** **Authorized Negotiators** (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)

**3.2.2.3-20 Electronic Offers** (July 2004)

22. **Period of Acceptance of Offer** (July 2004)

**3.6.2-15 Evaluation of Compensation for Professional Employees**
(April 1996)

**3.13-4**     **Contractor Identification Number---Data Universal
Numbering System (DUNS) Number** (April 2006)

### L.2 BUSINESS DECLARATION  {#l.2-business-declaration .unnumbered}

Offerors shall complete Attachment J-4, Business Declaration, and submit
with the Volume II proposal.

####### L.3 PROPOSAL QUESTIONS/CLARIFICATIONS {#l.3-proposal-questionsclarifications .unnumbered}

Any questions or clarifications shall be prepared in writing and
submitted to the Contracting Officer (Note: Offerors are encouraged to
use e-mail for submission of questions and clarifications).
Questions/clarifications should be identified and segregated by topic,
and must make reference to the applicable page, section or paragraph if
applicable (e.g., Page 11, Section H, Provision H-2, subparagraph a).
The FAA will provide all Offerors all questions and associated responses
if the information is relevant to all Offerors. The source of the
questions/clarifications will not be identified.

All questions/clarifications needed to submit the Volume I proposal
shall be provided to the FAA Contracting Officer **NO LATER THAN January
17, 2008 10:00 A.M., EST**, via e-mail: Sue.handy@faa.gov

The Offeror has the responsibility of verifying that the Contracting
Officer has received the transmission. Questions/clarifications needed
to submit the Volume II proposal shall be provided to the FAA in
accordance with the timeframe stated when the Volume II proposal is
requested.

**L.4 COMMUNICATIONS WITH OFFERORS**

To ensure that Offerors fully understand the intent of each requirement
(and the FAA needs stated therein), the FAA may hold written or oral
communications throughout the evaluation process with Offerors at the
discretion of the Contracting Officer.

The FAA may conduct discussions with specific Offerors only, with all
Offerors, or with no Offerors, as circumstances warrant. The FAA may
hold one-on-one meetings with individual Offerors. One-on-one
communications may continue throughout the process, as required, at the
FAA's discretion. Communications with one Offeror may not necessitate
communications with other Offerors.

Certain topics of communications may necessitate amendments to the
SIR/RFO. If this is the case, all competing Offerors will be advised of
the changes and the Contracting Officer will establish a common cut-off
date for any and all resulting Offeror revisions*.* After the Offers
have been received and reviewed by the Government, and discussions and
negotiations have been completed Offerors may, at the Governments
discretion, be provided an opportunity to submit Offer revisions.

### L.5 RESPONSES  {#l.5-responses .unnumbered}

Proposals shall be submitted in accordance with the instructions herein,
and non-conformance with the required content may be cause for
elimination from competition. The Offeror shall ensure that proposals
are complete and demonstrate the ability to accomplish the requirements
of a resultant contract. The FAA may waive informalities and minor
irregularities in offers received.

The Offerors are advised to submit their most favorable offers as their
initial proposal. The FAA reserves the right to make an award without
holding discussions or if technical discussions only are held, the FAA
reserves the right to make an award based on the initial proposals.

**L.6 PLACE, DATE, TIME AND DELIVERY INSTRUCTIONS FOR SUBMISSION OF
PROPOSALS**

The following represents the projected procurement milestone schedule as
of the release date of the SIR/RFO. The activities and dates highlighted
in bold and italics are for planning purposes only and are subject to
change. Volume I proposal delivery date is a firm requirement, unless
amended.

Proposals shall be received in accordance with the following schedule.
All deliveries must be received no later than 12:00 Noon EST on the date
specified

+-------------------------------------------+--------------------------+
| ***Activity***                            | ***Date***               |
+-------------------------------------------+--------------------------+
| ####### Receive Volume I proposa          | #######                  |
| l at FAA Headquarters {#receive-volume-i- |  February 8, 2008 {#febr |
| proposal-at-faa-headquarters .unnumbered} | uary-8-2008 .unnumbered} |
+-------------------------------------------+--------------------------+
| ####### Receive offeror com               | ####### F                |
| ments on Section B, price proposal conten | ebruary 19, 2008 {#febru |
| ts, and price proposal evaluation methodo | ary-19-2008 .unnumbered} |
| logy {#receive-offeror-comments-on-sectio |                          |
| n-b-price-proposal-contents-and-price-pro |                          |
| posal-evaluation-methodology .unnumbered} |                          |
+-------------------------------------------+--------------------------+
| ####### *Screening Evalu                  | ####### *March 31, 2008  |
| ation Downselect Decision* {#screening-ev |  (planned)* {#march-31-2 |
| aluation-downselect-decision .unnumbered} | 008-planned .unnumbered} |
+-------------------------------------------+--------------------------+
| ####### *Request Cost Proposals from      | ####### *April 2, 200    |
|  Qualified Offerors* {#request-cost-propo | 8 (planned)* {#april-2-2 |
| sals-from-qualified-offerors .unnumbered} | 008-planned .unnumbered} |
+-------------------------------------------+--------------------------+
| ***Receive Volume II proposals at FAA     | ***April 30, 2008        |
| Headquarters***                           | (planned)***             |
+-------------------------------------------+--------------------------+
| ***Contract Award***                      | ***August 25, 2008       |
|                                           | (planned)***             |
+-------------------------------------------+--------------------------+

Offerors shall **not** use the U.S. Mail or electronic mail for delivery
of proposals. Deliveries shall be made by courier, overnight delivery,
or hand-carried to the Contracting Officer at the following address:

Federal Aviation Administration\
ATTN.: Sue Handy, AJA-47

800 Independence Ave. SW\
Rm 501G

Washington, DC 20591

**Mark: URGENT -- SWIM Service Container Software Procurement**

If a proposal is not received by the specified date/time, it will not be
considered. Offerors assume full responsibility of ensuring that
complete proposals are received at the place and by the date and time
specified above.

Volumes I and II shall each consist of ten (10) hard copies and five (5)
compact disks (CD ROM) each containing a soft copy of the proposal in a
form compatible with the Microsoft Office 2000 suite of products. All
electronic file contents shall exactly match print versions of submitted
documents. In the event of discrepancies between the two, printed
documents will prevail. Offerors shall provide a printed inventory that
identifies the content of their submittal, including: binders, all CDs
(with their file contents and their electronic formats). All CDs and
files shall be labeled with the Offeror's firm's name, solicitation
number, submission date, and the words "Source Selection Sensitive".

###### Licenses and Permits {#licenses-and-permits .unnumbered}

Offerors shall, without additional expense to the Government, obtain any
and all necessary licenses and permits prior to award of a contract and
comply with all laws, ordinances, statutes and regulations in connection
with the furnishing of work under the Contract.

**L.7 DEBRIEFING OF UNSUCCESSFUL OFFERORS**

Unsuccessful Offerors may request debriefings. Offerors may request a
debriefing by submitting a written request to the Contracting Officer
(addressed as follows) within three (3) working days from receipt of
notification of the screening or award decision.

Federal Aviation Administration\
ATTN: Sue Handy, AJA-47

800 Independence Ave. SW\
Rm 501G

Washington, DC 20591

> Email Address: Sue.Handy@faa.gov\
> Tel. (202) 493-5942; Fax (202) 493-3036

**L.8 DISCREPANCIES**

If an Offeror believes that these instructions contain an error,
omission, or are otherwise unsound, the Offeror shall immediately notify
the CO in writing with supporting rationale. If discrepancies are not
noted prior to proposal submission, it shall be determined that there
are no discrepancies. In addition, the Offeror shall submit all
exceptions and deviations to the SIR no later than the Volume II
submittal date to the Contracting Officer in writing with supporting
rationale, unless otherwise noted.

**L.9 EXPENSES RELATED TO OFFEROR SUBMISSIONS**

The FAA will not pay for the information solicited, nor reimburse the
Offerors for any costs incurred in the preparation or submission of any
response to this SIR/RFO or in making necessary studies or designs for
the preparation thereof.

Furthermore, no pre-contract costs will be allowed on this contract.
Pre-contract cost is defined as [any]{.underline} costs incurred at the
Offeror's risk in anticipation that any such costs may later be charged
to any resulting contract, and to the extent that they would have been
allowable if incurred after the date of the contract execution and to
the extent authorized by the Contracting Officer.

**L.10 NON-GOVERNMENT EVALUATORS AND ADVISORS**

Offerors are hereby notified that the FAA may make all proposals
submitted, including any privileged or confidential commercial or
financial information contained therein, available to FAA contractor
employees, as necessary, for the sole purpose of assisting the FAA in
its evaluation of proposals. The contractors include:

  -----------------------------------------------------------------------
  **Supporting Companies:**

  BAE Systems

  Engineering and Information Technology

  Flatirons Solutions

  L3 Communications

  MCR Federal, LLC

  Mitre

  Northrop Grumman

  Northstar Group LLC
  -----------------------------------------------------------------------

Participating individuals will be required to protect the
confidentiality of any specifically identified privileged or
confidential commercial or financial information obtained as a result of
their participation in this evaluation. Individuals will be authorized
access to only those portions of the proposal data and discussions that
are necessary to enable them to provide specific recommendations on
specialized matters or on particular problems. Any objection to disclose
information to these non-government evaluators and advisors should be
provided in writing to the Contracting Officer listed in paragraph G.1.1
no later than 14 calendar days after SIR release and shall include a
detailed statement with the basis of the objection. All non-Government
personnel have signed, or will sign before the evaluation process
begins, non-disclosure and no conflict of interest statements.
Responsibility for the source selection decision remains with the FAA.

**L.11 DOWNSELECT DECISIONS**

The Government reserves the right to down-select any Offeror if it is
apparent that the Offeror is not likely to receive the award. After
conduct of the Screening Evaluation, the government will make a
screening decision and eliminate those Offerors who do not have a
reasonably likely chance for award. For any Offeror down-selected at
this stage, their software product(s) will not be tested at the WJHTC
and a cost proposal will not be submitted.

**L.12 PROPOSAL FORMAT AND CONTENT**

Proposals for the SWIM Service Container Software acquisition will
adhere to the following structure and content requirements.

All information shall be provided in loose-leaf notebooks and shall be
submitted on standard letter size 8 ½ x 11-inch paper. Proposal pages
may be printed on both sides of plain white bond paper. When both sides
of a sheet of paper contain material, it will be counted as two (2)
pages. Foldout pages not exceeding 11 inches by 17 inches in size are
acceptable where required for the presentation of drawings or other
graphical material. Font for foldout pages, tables, graphics or
illustrations are required to be 8 point or larger. Foldout pages will
be counted as one page and shall not be used for the presentation of
straight text and shall not exceed 10% of the total page count. The
proposal pages shall be numbered sequentially. Any items embedded within
a document shall be objects only, not links. Font size shall be 12 with
top and bottom margins equal to 1.0 inch, and left and right margins
equal to 1.0 inch.

Do not include marketing brochures, company procedure manuals, handbooks
or guides, or other information that is not specifically requested by
the RFO/SIR. This material will not be evaluated and will be
disregarded.

All company letterheads and logos are to be removed from all paper
(other than the cover letter) used in the Proposal.

Proposals must contain comprehensive, concise, factual information and
complete and substantiated price data. General statements that the
Offeror understands the requirements of work to be performed, or simple
rephrasing or restating of the FAA's requirements will not be considered
adequate. Similarly, submittals containing omissions or incomplete
response to the requirements of this SIR, or that merely paraphrase the
Statement of Work (SOW), or that use nonspecific phrases such as "in
accordance with standard procedures" or "well-known techniques" will
also be considered inadequate. Deficiencies of this kind may be cause
for rejection of the offer.

Volume I must be submitted in one binder, separate from Volume II. A
cover page shall be affixed to the Offeror's proposal that clearly
identifies the Volume name, SIR number and Offeror's name. Whenever
practical, headings, subheadings, titles, sequence of material and a
number identification system should be used.

Volume I is restricted to 20 pages; Volume II has no page restriction.
Volume I, Appendix A (see L.13.1.1) will not count against the page
limitation. Each Volume shall contain an Index, a Glossary and an
Executive Summary. The Index and Glossary are not subject to the volume
page limitation.

The Offeror need not repeat information that is required in response to
two or more requirements, but should present such information once in
the section where it contributes most to a discussion of the
requirement. Other sections, requiring the same information, must be
referenced so as to identify the section and page number where the
information can be found.

L.13 VOLUME DESCRIPTIONS

The Offeror shall submit the following:

-   Volume I: Technical and Business Proposal, including the completed
    table from Attachment J-3

-   Volume II: Price Proposal, Contract Documentation and Financial
    Information, including the completed form provided from Attachment
    J-4

**Only those Offerors who pass the Screening Evaluation, which is
described in Section M.6.1, will be required to submit Volume II.** The
Contracting Officer will notify all Offerors of the requirement to
submit Volume II and the date of the submission. Offerors should expect
to have approximately thirty (30) days notice of the requirement to
submit Volume II. **The initial Proposal submission includes only Volume
I plus the items identified in Section L.14.**

**L.13.1 INSTRUCTIONS FOR VOLUME I -- TECHNICAL AND BUSINESS PROPOSAL**

The contents of Volume I shall be tabbed and organized as follows:

####  {#section-6 .unnumbered}

#### General Instructions  {#general-instructions .unnumbered}

The Offeror shall clearly separate Part 1 and Part 2 of Volume I. If
appropriate, the Offeror shall provide a list of acronyms and a list of
technical references as part of Volume I. If provided, these items will
not be counted against the page count limitation.

##### L.13.1.1 Volume I - Part 1: Technical Description of Proposed Product(s)  {#l.13.1.1-volume-i---part-1-technical-description-of-proposed-products .unnumbered}

#####  {#section-7 .unnumbered}

##### The proposal shall address the following: {#the-proposal-shall-address-the-following .unnumbered}

(a) Complete the matrix provided in Attachment J-3 to indicate if your
    proposed product(s):

    i.  Completely meets the requirement

    ii. Partially meets the requirement

    iii. Does not meet the requirement

> The completed matrix should be attached to Volume I as Appendix A and
> is not subject to the page restriction of Volume I.

(b) Explain any partially met requirement(s) from the Table, above.

(c) Identify all standards that the proposed product(s) meets, including
    World Wide Web Consortium (W3C), Organization for the Advancement of
    Structured Information Standards (OASIS), National Institute of
    Standards and Technology (NIST), JCP, and/or other national and
    international standards, indicating full or partial compliance with
    the standard.

(d) Identify and describe all existing training methods available for
    the proposed product, including Web-based training, computer-based
    instruction (CBI), classroom training, "webinars", etc. For each
    training method and for each course, identify (i) any special
    resources required for conduct of the training, (ii) the length of
    the training, and (iii) describe the category of user for whom the
    training is intended (e.g., for "Power Users", application
    developers, System Administrators, etc.).

(e) Provide ten (10) copies of all documentation and manuals for the
    product(s) proposed.

(f) Describe the levels of technical support available and proposed for
    the offered product(s). Specifically, address how you will satisfy
    the following SOW requirements:

    i.  The Contractor shall provide support for the SCS product(s) that
        includes the following:

        1.  Identification of a toll free "Help Line" or equivalent that
            provides general technical support between the hours of 8 am
            and 5 pm, U.S. eastern time, Monday -- Friday, excluding
            Government holidays.

        2.  Response to non-complex technical questions from product
            experts within 1 business day.

        3.  For complex technical questions, the contractor shall
            respond within 1 business day, providing the timeframe
            needed to supply a complete answer. Complex technical
            questions must be fully resolved within 3 business days,
            except in extraordinary situations.

        4.  Technical information regarding proposed product upgrades,
            as available.

        5.  Technical information regarding product "bug fixes", as
            required.

        6.  Delivery of proposed "software patches" to the Government's
            test facility, as required.

    ii. The Contractor's SCS product(s) shall be backward compatible,
        for all future versions delivered to the Government following
        initial purchase

    iii. Support for the proposed SCS product(s) shall be provided to
         all development and maintenance personnel who are working
         directly with the product, in all Government and associated
         development contractor facilities

    iv. The Contractor shall provide 3 months advance notice to the
        Government of any changes in the SCS product(s), along with a
        technical description of those planned changes.

##### L.13.1.2 Volume I -- Part 2: Business Proposal {#l.13.1.2-volume-i-part-2-business-proposal .unnumbered}

The Offeror shall use Part 2 of Volume I to present the Business data
required by this SIR. The business data required is the following:

(a) Identify customers by name who are using the proposed product(s).
    Indicate the number of installations per customer (i.e., in terms of
    the number of licenses, and number of CPUs on which the product is
    installed.)

(b) Identify the number of years the proposed product(s) has been
    commercially available or if the proposed product is open source,
    identify the number of years the vendor has provided support for the
    product.

(c) The Offeror shall describe its ability to meet any International
    Standards Organization (ISO) 9000 standard(s) or if it has been
    evaluated using any Capability Maturity Model/Capability Maturity
    Model® Integration (CMMI) standard(s) for System Engineering and/or
    Software Engineering. The Offeror shall clearly state what level of
    ISO/CMM/CMMI is met.

(d) Provide a history of available versions, for each proposed product,
    indicating the month and year when each version was made available
    and how it differed from the previous version. Indicate which
    versions were provided to fix "bugs". Indicate if all versions were
    "backward compatible", and if not, what the transition strategy was.

(e) Identify three current customers that the Government can contact to
    obtain information on product performance. Provide the name of the
    customer's organization, the point of contact, the telephone number,
    and the business address. Provide the date of the business
    transaction. Provide the applicable Contract or Purchase Order
    identification number.

##### L.14 EVALUATION PRODUCTS {#l.14-evaluation-products .unnumbered}

##### Each Offeror shall provide the following items with the Volume I proposal: {#each-offeror-shall-provide-the-following-items-with-the-volume-i-proposal .unnumbered}

a)  An evaluation copy of the proposed product(s) that the Government
    will use at the William J. Hughes Technical Center (WJHTC) SWIM Lab
    in New Jersey. The FAA will use the proposed product for testing and
    evaluation purposes up to contract award. After contract award, the
    software will be returned upon request.

b)  Training for twelve (12) total evaluation team members/advisors on
    the offered product. The training is limited to that subject
    material which is required for the evaluation team members to be
    suitably trained on use of the product, for purposes of conducting
    the product evaluation. The training provided should be limited to
    training that is specifically directed at the Offeror's proposed
    product(s). General training or training offered that is not viewed
    as relevant to this SIR/RFO will not be evaluated. The training will
    be conducted in March and April 2008, at a mutually agreed upon time
    with the Offeror, at the William J. Hughes Technical Center (WJHTC),
    Atlantic City Airport, New Jersey, 08405. If there are multiple
    training delivery methods proposed for the product(s) specifically
    offered in response to this SIR/RFO, the Offeror shall make all
    available.

> The Government product evaluation may include the following
> activities:

-   Product installation on Dell platform

-   Product integration with Red Hat Linux operating systems

-   Product integration with Oracle Internet Directory (OID), OpenDLAP,
    Active Directory

-   Product integration with IBM MQ and JMS

-   Product integration with Systinet

-   Product integration with AmberPoint and/or Actional interface
    management product

-   Product integration with WS-\* products

-   Product integration on J2EE servlet and/or EJB

-   Product integration on JVM

c)  Technical Support for the product up to contract award, identical to
    the support proposed to satisfy the requirements identified in
    Section C of this SIR.

**L.15 VOLUME II - PRICE PROPOSAL**

L.15.1 Offerors are invited to provide any comments on Section B as well
as the price proposal content (paragraph L.15) and the price proposal
evaluation methodology (paragraph M.7). Comments should be specific and
must be organized in a clear and concise manner. Comments should be
provided to assist with the following FAA objectives:

> a\. Allow offerors to provide the most competitive pricing possible.
>
> b\. Allow offerors to provide a price for any item which would be
> applicable to this requirement.

**L.15.2 INTRODUCTION**

The Price Proposal, Volume II, submitted by the Offeror shall be in a
separate, sealed envelope, plainly marked **\"Price Proposal\".**
Pricing data shall not be included with any other Volume and if included
will be discarded and excluded from the evaluation.

The Government assumes that adequate price competition will exist,
thereby negating the need for submission of certified cost and pricing
data with this proposal. It is anticipated that the amount and types of
data required at this time will be adequate to determine price
reasonableness. The Government reserves the right to request certified
cost and pricing data if the Contracting Officer determines it is
required.

The contents of Volume II shall be organized as follows:

##### L.15.2.1 Volume II -- Part 1: Pricing {#l.15.2.1-volume-ii-part-1-pricing .unnumbered}

**Section L.15.2.1 provided in this document is a draft. This section
will be updated at the time Section B is updated, which will occur prior
to the request for submission of Volume II.**

The Offeror shall submit a firm fixed price for the products and
services identified in Section B by completing and returning a fully
executed Section B. In addition, Offeror's shall provide an expanded
price list to include:

1.  All specific pricing for CLINs 0001, 0002 and 0003 which would
    provide pricing based on available options (e.g., different type and
    number of CPU configurations).

2.  A list of all training offered and the applicable pricing for CLIN
    0006.

For pricing purposes, the Government anticipates that contract award
will occur approximately August 25, 2008.

Price information shall be submitted as a part of the Offeror\'s
complete proposal. The Offeror's proposed prices shall represent the
maximum product pricing that the Government will consider and/or accept
during the life of the contract, including options, subject to clause
**H.12 Fixed-Priced Contracts with Economic Price Adjustment.**

The Offeror must submit proposed prices for the base and all option
years. The Government reserves the right to reject any proposal wherein
the Offeror has not submitted line item prices for every item which may
be ordered during the base and all option years.

All costs should be expressed in then-year dollars, with the basis of
escalation identified in the proposal. Any other costs that contribute
to the total cost must be fully explained in the Price Volume.

##### L.15.2.2 Volume II - Part 2: Financial Condition and Capability {#l.15.2.2-volume-ii---part-2-financial-condition-and-capability .unnumbered}

Notwithstanding the evaluation methodology outlined in this SIR, an
Offeror must also be found responsible by the Contracting Officer prior
to the award of any resultant contract. As an Appendix to the Volume II
proposal, the Offeror shall submit the following information:

-   Sufficient information to demonstrate the financial capability to
    perform a contract of this size and duration.

-   Information that shows the book value of your company.

-   A description of all current or pending legal action under Federal
    Government contracts within the past 3 years. This shall include but
    is not limited to: Requests for Equitable Adjustments (formal or
    informal)[^1] or pending or ongoing claims (formal or informal) in
    excess of \$5M, pending or ongoing cure notices, Terminations for
    Convenience or Terminations for Default.

At a minimum, to be determined responsible, a prospective contractor
must:

-   Have adequate financial resources to perform the contract, or the
    ability to obtain those resources;

-   Be able to provide the work contemplated by the contract, taking
    into consideration all other business commitments;

-   Have a satisfactory record of integrity and business ethics;

-   Have a satisfactory performance record;

-   Have the necessary organization, experience, accounting and
    operational controls; and

-   Be otherwise qualified and eligible to receive an award under
    applicable laws and regulations.

The Offeror shall provide sufficient information for the Contracting
Officer to make this determination.

##### L.15.3 Volume II - Part 3 Contract Documentation {#l.15.3-volume-ii---part-3-contract-documentation .unnumbered}

##### L.15.3.1 Draft Contract & Representations and Certifications {#l.15.3.1-draft-contract-representations-and-certifications .unnumbered}

The Offeror must include the following:

##### a. AMS Form 33 - complete blocks 13 through 18. The representative who signs this form must be authorized to contractually bind the company providing the Offer. Any amendments must also be signed. In the block with its name and address, the Offeror should supply the Contractor Establishment Code (CEC) applicable to that name and address, if known to the Offeror. The number should be preceded by \"CEC\". Offerors should take care to report the correct CEC and not a similar number assigned to the Offeror in a different system. The CEC is a 9-digit code assigned to a contractor establishment those contracts with a Federal executive agency. The CEC system is a contractor identification coding system, which is currently the Dunn, and Bradstreet Data Universal Numbering System (DUNS). The CEC system is distinct from the Federal Taxpayer Identification Number (TIN) system.  {#a.-ams-form-33---complete-blocks-13-through-18.-the-representative-who-signs-this-form-must-be-authorized-to-contractually-bind-the-company-providing-the-offer.-any-amendments-must-also-be-signed.-in-the-block-with-its-name-and-address-the-offeror-should-supply-the-contractor-establishment-code-cec-applicable-to-that-name-and-address-if-known-to-the-offeror.-the-number-should-be-preceded-by-cec.-offerors-should-take-care-to-report-the-correct-cec-and-not-a-similar-number-assigned-to-the-offeror-in-a-different-system.-the-cec-is-a-9-digit-code-assigned-to-a-contractor-establishment-those-contracts-with-a-federal-executive-agency.-the-cec-system-is-a-contractor-identification-coding-system-which-is-currently-the-dunn-and-bradstreet-data-universal-numbering-system-duns.-the-cec-system-is-distinct-from-the-federal-taxpayer-identification-number-tin-system. .unnumbered}

The Offeror shall include a period for acceptance for at least 180
calendar days from delivery date of the Offer.

The government reserves the right to include any provisions of the
Offeror's written proposal into the contract.

**b. Completed Business Declaration Form, see Attachment J-4.**

##### c. Section B -- Supplies or Services and Costs/Prices - complete the price information in Section B of the Draft Contract. {#c.-section-b-supplies-or-services-and-costsprices---complete-the-price-information-in-section-b-of-the-draft-contract. .unnumbered}

##### d. Section K - Representations, Certifications, and Other Statements of Offerors -- complete the representations, certifications, acknowledgements, and statements.  {#d.-section-k---representations-certifications-and-other-statements-of-offerors-complete-the-representations-certifications-acknowledgements-and-statements. .unnumbered}

##### e. Deviations and Exceptions to Terms and Conditions {#e.-deviations-and-exceptions-to-terms-and-conditions .unnumbered}

Deviations and/or exceptions taken to terms and conditions of the
SIR/RFO, to any of its attachments, shall be identified. Each deviation
and/or exception shall be specifically related to each paragraph and/or
specific part of the SIR/RFO to which the deviation is taken. The
Offeror shall provide rationale and fully explain its impact, if any, on
the performance, schedule, cost/price, and specific requirements of the
SIR/RFO. This information shall be provided in the format and content of
the Table provided in this paragraph. Failure to comply with the terms
and conditions of the SIR/RFO may result in the Offeror being removed
from consideration for award. The Offeror is requested to add as
appropriate, at the end of each deviation, a statement substantially as
follows: "This Offer (is) (is not) contingent upon acceptance of the
deviation or exception. The Government will consider deviations and
exceptions and their relevance to the solicitation and the Offeror's
proposal, and reserves the right to include such consideration in making
"best value" decisions.

###### SIR/RFO DEVIATIONS AND EXCEPTIONS TABLE {#sirrfo-deviations-and-exceptions-table .unnumbered}

+----------------+-----------------+-----------------+----------------+
| **SIR/RFO      | **P             | *               | **Rationale**  |
| Section**      | aragraph/Page** | *Requirement/** |                |
|                |                 |                 |                |
|                |                 | **Portion**     |                |
+----------------+-----------------+-----------------+----------------+
| Section C etc. | Applicable page | Identify the    | Justify why    |
|                | and paragraph   | requirement or  | the            |
|                | numbers         | portion to      | requirement    |
|                |                 | which deviation | will not be    |
|                |                 | or exception is | met            |
|                |                 | taken           |                |
+----------------+-----------------+-----------------+----------------+

###  {#section-8 .unnumbered}

### M.1 BASIS FOR AWARD {#m.1-basis-for-award .unnumbered}

**M.1.1** **Award Selection**

The offer that provides the greatest overall value to the FAA will be
selected for award. A technical/price tradeoff will be made, and the
lowest total evaluated price offer may not provide the greatest overall
value to the Government. Best value will be based on an evaluation of
all factors considered against the stated evaluation criteria. To arrive
at a best value decision, the Source Selection Official (SSO) will
integrate the source selection team's evaluation of the specific
criteria described below. While the FAA source selection evaluation team
and the SSO will strive for maximum objectivity, the source selection
process, by nature, is subjective and professional judgment is implicit
throughout the entire process. The FAA may make multiple awards or no
award, if deemed to be in the best interest of the Government.

**M.1.2 Down-Select Decision(s)**

The FAA reserves the right to make down-select decision(s) anytime prior
to contract award. Down-select decision(s) will be made should the FAA
conclude that the Offeror does not have a reasonable chance of receiving
the award. Offerors down-selected at any time during the selection
process will not be further evaluated and will be officially notified in
writing by the Contracting Officer.

**M.1.2.1 Evaluation Screening**

The FAA will evaluate all offers in accordance with the approach
specified in M.5, in order to evaluate the capabilities of each Offeror.
The FAA will conduct a screening evaluation as specified in M.6. Based
on the results of the screening evaluation, the FAA reserves the right
to eliminate Offerors from further consideration. After this screening
evaluation, the FAA will proceed with the remainder of the evaluation
for Offerors not disqualified from further consideration.

**M.2 EVALUATION ORDER OF IMPORTANCE**

Volume I, Technical and Business Proposal, is more important than Volume
II, Price Proposal. As the relative assessment of each Offeror\'s
technical and business proposal and the identified discriminators become
less significant, the importance of price increases. Within Volume I,
Factor 2 is most important. Factors 1, 3 and 4 are equal in importance.
Factor 2 is twice as important as Factors 1, 3 and 4 individually.

Judgment will be applied in the evaluation to derive the scores.

**M.3 ELIGIBILITY FOR AWARD**

The Offeror must be determined to be financially viable and otherwise
responsible in accordance with the FAA AMS guidelines. To be eligible
for award, the Offeror must be technically and financially capable of
performing the magnitude and scope of the work.

[]{.mark}

**M.4 AWARD ON INITIAL OFFERS**

The FAA reserves the right to award a contract at any time after the
receipt of offers, and may not require discussions or negotiations with
the successful Offeror or any other Offeror. Therefore, it is critical
that each offer be fully responsive.

Additionally, the FAA reserves the right to conduct discussions and
negotiations with any individual competing Offeror, or all competing
Offerors, as the situation warrants. Discussions with one or more
Offerors do not require discussions with all Offerors. The FAA may
conduct written or oral communications with any and/or all Offerors.

### M.5 EVALUATION PROCESS {#m.5-evaluation-process .unnumbered}

This RFO is the only SIR the Government intends to issue for this
acquisition. The FAA will evaluate Volume I, Technical and Business
Proposal, against the evaluation factors listed in Section M.6,
Evaluation Factors for Volume I, Technical and Business Proposal. Each
Offeror will be evaluated using the information provided, or in the case
of Past Performance, obtained from outside references and other points
of contact.

The FAA will evaluate Volume II, Price Proposal, against the evaluation
factors contained in Section M.7, Evaluation Factors for Volume II,
Price Proposal. Note that Section M.7 provided in this document is a
draft. This section will be updated at the time Section B is updated,
which will occur prior to the request for submission of Volume II.

For Volume I, the FAA will evaluate each Offeror's ability to perform
the scope of work defined in the Statement of Work, according to the
following approach:

> **Part A:** Screening Evaluation of the Offeror's Technical and
> Business Proposal.
>
> **Part B:** For Offerors that pass the Screening Evaluation, an
> evaluation of the Offeror's proposed Product(s), training, support,
> and documentation/manuals by the Government's Product Evaluation Team.
>
> **Part C:** Evaluation of the Offeror's Price Proposal.
>
> **Part D:** For the Offeror(s) selected as most likely to receive an
> award, a SWIM environment compatibility evaluation will be conducted
> to ensure that the Offerors' product(s) run in the anticipated SWIM
> computing environment.

The results from all the above will be compiled and a selection will be
made in accordance with Section M.1.1, Award Selection.

##### M.6 EVALUATION FACTORS FOR VOLUME I -- TECHNICAL AND BUSINESS PROPOSAL {#m.6-evaluation-factors-for-volume-i-technical-and-business-proposal .unnumbered}

Each proposal will be evaluated in accordance with the Factors and
Subfactors listed below. The Requirements Compliance Matrix (Attachment
J-3) provided in Appendix A will be evaluated on a pass/fail basis.

Factors 1, 2, 3 and 4 (including all subfactors) will be numerically
scored. An overall score will be developed based on a weighted composite
score taken from the Factors and Subfactors.

**Part A** - All Offeror proposals will be subject to a Screening
Evaluation which encompasses the following:

1)  The first phase is an evaluation of the proposed product(s) against
    the Government's "must-have" requirements, see M.6.1.

2)  The second phase is an evaluation of the Technical and Business
    Factors, as described in M.6.2 (Factor 1) and M.6.3 (Factor 3 and
    Factor 4).

The Government reserves the right to eliminate any Offeror after
completion of the Screening Evaluation, first phase or the second phase.

**Part B** - The proposed product(s) for those Offerors who successfully
pass the screening evaluation will then be evaluated by the Government's
Product Evaluation Team at the WJHTC, as described in M.6.2 (Factor 2).

Part D - For the Offeror(s) selected as most likely to receive an award,
a SWIM environment compatibility evaluation will be conducted to ensure
that the Offerors' product(s) run in the anticipated SWIM computing
environment. The compatibility evaluation will be conducted on a
pass/fail basis. If the offeror's proposed products(s) do not operate in
the FAA environment, the offeror may be disqualified from the award.

##### M.6.1 Part A First Phase - Screening Evaluation: Requirements Compliance {#m.6.1-part-a-first-phase---screening-evaluation-requirements-compliance .unnumbered}

The first phase of the Screening Evaluation will be an evaluation of
Appendix A to the Technical and Business Proposal. The Requirements
Compliance Matrix (Attachment J-3) provided in Appendix A will be
evaluated to determine if the Offeror's proposed product(s) meets all
FAA "must-have" requirements. In order for the Offeror to continue in
the evaluation process, the proposed product(s) must meet all FAA
"must-have" requirements identified in Attachment J-2 of this SIR. This
portion of the evaluation is a pass/fail. If an Offeror's proposed
product(s) does not meet all FAA "must-have" requirements, the Offeror's
proposal will not be further evaluated.

#####  {#section-9 .unnumbered}

##### M.6.2 Part A Second Phase - Technical Evaluation {#m.6.2-part-a-second-phase---technical-evaluation .unnumbered}

## Of the following two factors, Factor 2 is twice as important as Factor 1. {#of-the-following-two-factors-factor-2-is-twice-as-important-as-factor-1. .unnumbered}

Factor 1 -- Assessment of Offeror's Technical Capability (Part A --
Second Phase).

Of the following subfactors, Subfactors A, B, and C are equally
important and Subfactor D is more important than the rest:

**Subfactor A** -- Degree to which the product meets all FAA desirable
requirements identified in Attachment J-2 of this SIR.

**Subfactor B** -- Degree to which the proposed product complies with
national and/or international standards.

**Subfactor C** -- Degree to which the Offeror proposes a variety of
training methods for this product which are modular and flexible
depending on the type of training the user needs.

**Subfactor D** -- Degree to which the Offeror proposes technical
support that meets the Government requirements identified in Section C
of this SIR.

Factor 2 -- Technical Capability assessment based on FAA Product
Evaluation (Part B).

The following subfactors are all of equal importance:

Subfactor A -- Degree to which the proposed product can be installed
with a minimum amount of vendor support.

Subfactor B - Degree to which the product documentation was found to be
accurate and complete during installation and use of the product.

Subfactor C - Degree to which the Offeror's Technical Support was
responsive during the FAA's product evaluation.

**Subfactor D** -- Degree of transparency of product to system
performance. System performance metrics will be measured by the
Government test team during product evaluation (such as CPU usage and
memory usage), and an assessment will be made regarding the impact of
the product on system performance using these metrics.

**Subfactor E** -- Degree to which the Offeror provided training
products are useable, accurate and complete.

**Subfactor F** - Degree to which the proposed product performs against
Government test scripts.

Test scripts will be developed and executed by the Government to
evaluate the product's performance against specific Government
requirements (as identified in Attachment J-2), to include the following
evaluations:

-   Product installation on Dell platform

-   Product integration with Red Hat Linux operating systems

-   Product integration with Oracle Internet Directory (OID), OpenDLAP,
    Active Directory

-   Product integration with IBM MQ and JMS

-   Product integration with Systinet

-   Product integration with AmberPoint and/or Actional interface
    management product

-   Product integration with WS-\* products

-   Product integration on J2EE servlet and/or EJB

-   Product integration on JVM

#####  {#section-10 .unnumbered}

##### M.6.3 Part A Second Phase -- Business Evaluation  {#m.6.3-part-a-second-phase-business-evaluation .unnumbered}

#####  {#section-11 .unnumbered}

##### Each of the following factors are of equal importance to each other and to Factor 1: {#each-of-the-following-factors-are-of-equal-importance-to-each-other-and-to-factor-1 .unnumbered}

**Factor 3 -- Business Maturity (Part A -- Second Phase).**

Each of the following subfactors is of equal importance:

**Subfactor A** -- Degree to which the Offeror has a reasonable breadth
of current business operations throughout the United States for the
offered product, based on the size of customer base (Government and/or
commercial interests) and size of installation. Size of installation is
measured by number of licenses and number of CPUs on which the product
is installed.

**Subfactor B** -- Degree of company maturity, based on the number of
years the product has been in use, or for open source software, based on
the number of years the company has been offering support for the
product.

**Subfactor C** -- Degree of maturity of the Offeror processes;
specifically the Offeror's ability to meet any International Standards
Organization (ISO) 9000 standard(s) or Capability Maturity

Model/ Capability Maturity Model® Integration (CMM/CMMI) standard(s) for
Program Management, Information Technology, System Engineering and/or
Software Engineering.

Factor 4 -- Product Maturity (Part A -- Second Phase).

Each of the following subfactors is of equal importance:

**Subfactor A** -- Degree to which the product is stable as reflected by
the number of versions of the product that have been released, reasons
why the versions were required and whether they were backward
compatible.

**Subfactor B** -- Degree of customer satisfaction with the product's
performance, as well as the Offeror's technical support, based on
customer feedback.

The FAA reserves the right to contact prior clients of the Offeror,
including references other than those identified by the Offeror, and to
use those results in this evaluation.

#####  {#section-12 .unnumbered}

##### M.7 EVALUATION FACTORS FOR Volume II -- Price Evaluation {#m.7-evaluation-factors-for-volume-ii-price-evaluation .unnumbered}

**Section M.7 provided in this document is a draft. This section will be
updated at the time Section B is updated, which will occur prior to the
request for submission of Volume II.**

Offerors are cautioned that an unrealistically low proposed price may be
grounds for eliminating a proposal from the competition on the basis
that the Offeror does not fully understand the requirement.

The Offeror's proposed price will be evaluated based on cost
reasonableness and realism.

Cost reasonableness is an assessment as to whether the proposed price
does not exceed that which would be incurred by a prudent person in
performing the required effort. The FAA reserves the right to request
additional information to support the prices proposed by the Offeror.

Cost realism will assess whether the prices are overstated or
understated by examining the proposed prices to determine:

1\. Are the prices realistic for the work to be performed;

2\. Do the prices reflect a clear understanding of the requirements; and

3\. Are the prices consistent with the various elements of the Offeror's
technical proposal.

**The FAA will evaluate offers in accordance with the price evaluation
scenario contained in Attachment J-5.**

[^1]: Formal is defined as a document that has been signed by an
    authorized company official and delivered to the FAA. Informal is
    defined as discussions (formal or informal) or correspondence
    (formal or informal) regarding an actual or potential request for
    equitable adjustment or claim.