PART I - SECTION H

SPECIAL CONTRACT REQUIREMENTS

[H1 CLAUSES AND PROVISIONS (FULL TEXT)
1](#clauses-and-provisions-full-text)

[H2 REPRESENTATIONS AND CERTIFICATIONS
3](#representations-and-certifications)

[H3 Reserved 3](#reserved)

[H4 INTERPRETATION OF CONTRACT: (NOTICE OF AMBIGUITIES)
3](#interpretation-of-contract-notice-of-ambiguities)

[H5 RELATIONSHIPS, INTERPRETATIONS, AND MODIFICATIONS
3](#relationships-interpretations-and-modifications)

[H6 PERSONAL SERVICES 3](#personal-services)

[H7 Contractor Personnel 4](#contractor-personnel)

[H 7.1 Contractor Personnel Qualification
4](#contractor-personnel-qualification)

[H 7.2 Prior Validation Of All Fulltime/PARTTIME Assigned Personnel
4](#prior-validation-of-all-fulltimeparttime-assigned-personnel)

[H 7.3 Employee Termination 5](#employee-termination)

[H 7.4 Employee Work Hours 5](#employee-work-hours)

[H 7.5 Overtime 5](#overtime)

[H 7.6 Contractor Staff Training 5](#contractor-staff-training)

[H 7.7 Supplemental Personnel identification verification (PIV)
Instructions
6](#supplemental-personnel-identification-verification-piv-instructions)

[H 7.8 key personnel and facilities 7](#key-personnel-and-facilities)

[Key Personnel: 7](#key-personnel)

[H8 CONFIDENTIALITY OF DATA AND INFORMATION
7](#confidentiality-of-data-and-information)

[H9 RELEASE AND DISSEMINATION OF INFORMATION
8](#release-and-dissemination-of-information)

[H10 ATTORNEY/CLIENT PRIVILEGE 8](#attorneyclient-privilege)

[H11 MAINTENANCE OF RECORDS AND LITIGATION SUPPORT
9](#maintenance-of-records-and-litigation-support)

[H12 NOTICE TO THE GOVERNMENT OF DELAYS
9](#notice-to-the-government-of-delays)

[H13 GOVERNMENT FURNISHED EQUIPMENT/DATA/MATERIALS
9](#government-furnished-equipmentdatamaterials)

[H14 WEATHER AND OTHER RELATED ABSENCES
10](#weather-and-other-related-absences)

[H15 Office Automation Requirements 10](#office-automation-requirements)

[H16 SAVE HARMLESS AND INDEMNITY AGREEMENT
11](#save-harmless-and-indemnity-agreement)

[h17 PROGRAM AND CONTRACT MANAGEMENT QUALITY PERFORMANCE EVALUATION
11](#h17-program-and-contract-management-quality-performance-evaluation)

[h17.1 QUALITY PERFORMANCE INCENTIVE
11](#h17.1-quality-performance-incentive)

[[h17.2 DETERMINATION OF QUALITY PERFORMANCE INCENTIVE EARNED
13]{.mark}](#h17.2-determination-of-quality-performance-incentive-earned)

[H17.3 DISTRIBUTION OF QUALITY PERFORMANCE INCENTIVE
13](#h17.3-distribution-of-quality-performance-incentive)

PART I - SECTION H

SPECIAL CONTRACT REQUIREMENTS

# CLAUSES AND PROVISIONS (FULL TEXT) {#clauses-and-provisions-full-text .Style-Heading-1H1-Char-+-Black}

**3.2.4-1** **Type of Contract** (April 1996)

The FAA intends to award an Indefinite Delivery Indefinite Quantity
(IDIQ) Time and Materials (T&M) task order contract(s) resulting from
this Screening Information Request.

# REPRESENTATIONS AND CERTIFICATIONS

Representations and Certifications executed by the Contractor under
Section K herein and included in the response to the SIR, shall be
deemed to be incorporated herein by reference and made a part of the
contract.

# Reserved

# INTERPRETATION OF CONTRACT: (NOTICE OF AMBIGUITIES)

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

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

# RELATIONSHIPS, INTERPRETATIONS, AND MODIFICATIONS

The Contractor shall provide support to the Government by completing
work within the Statement of Work and as assigned. The Contractor shall
not provide direction or assume the Government\'s responsibility under
any programs. Although the effort under this contract may include
recommendations to the Government, specific Government approval and
action will be necessary before such recommendations can become
effective. The Contractor\'s efforts shall not be binding on other
Government contractors. The Contractor shall not take any action with
respect to other contractors which causes any change in their contract
scope of work, cost, or scheduling.

No oral statement of any person, and no written statement of anyone
other than the Contracting Officer or the COTR, acting within the limits
of the authority specified in such designation, shall modify or
otherwise affect any provision of this contract. See also the FAAAMS
3.2.2.3-37 "Notification of Ownership Changes" clause under Section I.

# PERSONAL SERVICES

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

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

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

# Contractor Personnel

## [Contractor Personnel Qualification]{.mark}

All personnel, regardless of whether employed by the Contractor or
subcontractor, must satisfy the specific educational, experience, and
qualifications expressed in Attachment J001, Labor Category and Skill
Level Descriptions.

[Key personnel shall have the ability to function/handle multiple
objectives in a stressful, fast-changing environment; ability to
function independently; detailed follow-up skills; strong organizational
skills; ability to read, analyze, and interpret general and
aviation-related information. Key personnel have been identified as
follows: Project Leader]{.mark}. In addition, selected labor categories
in Section J, Attachment J001, Labor Category and Skill Level
Descriptions, have similar requirements.

## Prior Validation Of All Fulltime/PARTTIME Assigned Personnel

Prior to any person being assigned to work fulltime/part-time on this
contract, the Contractor shall submit the resume of said individual(s)
to the COTR who will review and concur or non-concur on the
qualifications, experience, and suitability of the individual to perform
work under this contract. The Contractor shall allow a minimum of 10
working days for this approval, except for the period immediately
following contract award. Costs incurred in violation of this clause
shall be deemed as unallowable costs.

## Employee Termination 

The Contractor shall notify the COTR within 24 hours whenever an
employee performing work under this Contract terminates employment. The
Contractor will be responsible for returning, or ensuring that the
employee returns, all Department of Transportation (DOT)-issued
contractor/employee identification and all other DOT property, including
GFI, to the Contracting Officer.

## Employee Work Hours

Each Contractor employee shall, under normal circumstances, work an
eight-hour shift daily. The time of the shift will normally be within
the office hours of 6:00 a.m. to 6:00 p.m., Monday through Friday.
Exceptions to this include excused absences and observed holidays.

## Overtime

"Overtime" is defined as "time worked by a Contractor's employee for any
given pay period in excess of an average of 40 hours per week in a pay
period."

Overtime is authorized under the contract to meet urgent and compelling
situations where overtime is the only solution to resolve a problem. In
these specific circumstances, written approval must be obtained in
advance in writing from the FAA manager and COTR. In most cases, for
other than emergency situations, employees should not be expected, nor
permitted, to work overtime.

The cost incurred for overtime not approved in accordance with the
provisions above shall be deemed as unallowable costs.

## Contractor Staff Training 

The Contractor shall provide fully trained and experienced personnel
(including replacement personnel) required for performance of this
contract. This includes training necessary for keeping personnel abreast
of industry advances and for maintaining proficiency within an
employee's labor category. Training of personnel shall be performed by
the Contractor at its own expense except for the following upon COTR
approval:

> \(1\) When the Government has given prior approval for training to
> meet special requirements that are peculiar to a particular contract.
>
> \(2\) Limited training of Contractor employee(s) may be authorized
> when the Government changes software during performance of this
> contract and it is determined to be in the best interest of the
> Government.
>
> \(3\) Training for Contractor employees to attend seminars, symposia,
> or user group conferences when certified by the Contractor, COTR and
> CO that attendance is mandatory for the performance of contract
> requirements.

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

## Supplemental Personnel identification verification (PIV) Instructions

In addition to the instructions contained in FAAAMS clauses 3.14-2 and
3.14-4, the contractor shall utilize the following instructions when
applying for a Personal Identity Verification (PIV) Card:

The contractor shall submit a letter to the Security Service Executive
(SSE), with a copy to the contracting officer and COTR, to notify the
FAA that the contractor has employed individuals to work on a specific
contract and request security processing. The letter should contain
contractor name, contract number, contract expiration date, employee
name, position and email address, as well as email addresses for all
contractor and government personnel who are to be notified of the
clearance status, including the contracting officer and COTR. This
letter is to be delivered to the Security Service Center located in the
FAA Headquarters Building (Room 109, Orville Building) no later than 30
days after contract award, with the following documentation for each
employee:

-   Standard Form (SF) 85P, Questionnaire for Public Trust Positions,
    revised September 1995. The SF 85P shall be completed (all questions
    answered) in accordance with the instruction sheet.

-   Form I-9, Employment Eligibility Verification, revised June
    16, 2008. The Form I-9 shall be completed (all questions answered)
    in accordance with the instruction sheet. The form is available on
    line at [www.forms.gov](http://www.forms.gov/).

-   One fingerprint card (FD-258). Fingerprinting facilities are
    available through the Security Service Center and local police
    departments. All fingerprint cards shall be written in black ink or
    typewritten with all answerable question blocks completed and shall
    be signed and dated within a 60-day period.

Once the fingerprint background investigation is completed and
adjudicated favorably, the support contractor personnel shall begin the
process to secure an FAA official ID badge. To do so, the contractor
personnel must apply for a Personal Identity Verification (PIV) Card
online at <http://idms.faa.gov/1681> or in person at FAA 800
Independence Ave , Room 109. This application is located on the FAA
intranet. If contractor personnel do not have access to this site, they
may bring a signed DOT F 1681 form and complete the online form at the
kiosk located inside the Security Service Center.

After completing the application, an email will be sent to the selected
sponsor who will approve or disapprove the request. When approved by the
sponsor, the contractor personnel will receive an email to report to the
Security Service Center (Room 109, Orville Building) for enrollment.
They will be required to bring two (2) forms of identification
identified in DOT F1681.

## [key personnel and facilities]{.mark}

[]{.mark}

#### The personnel and/or facilities listed below are considered essential to the work being performed hereunder. Prior to removing, replacing, or diverting any of the specified individuals or facilities, the contractor shall notify the Contracting Officer within 30 days and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract. No diversion shall be made by the contractor without the written consent of the Contracting Officer; provided that the Contracting Officer may ratify in writing the change and such ratification shall constitute the consent of the Contracting Officer required by this clause. The personnel and/or facilities, as specified in paragraphs (1) and (2) below, may, with the approval of the Contracting Officer, be amended from time to time during the course of the contract to either add or delete personnel and/or facilities as appropriate. {#the-personnel-andor-facilities-listed-below-are-considered-essential-to-the-work-being-performed-hereunder.-prior-to-removing-replacing-or-diverting-any-of-the-specified-individuals-or-facilities-the-contractor-shall-notify-the-contracting-officer-within-30-days-and-shall-submit-justification-including-proposed-substitutions-in-sufficient-detail-to-permit-evaluation-of-the-impact-on-this-contract.-no-diversion-shall-be-made-by-the-contractor-without-the-written-consent-of-the-contracting-officer-provided-that-the-contracting-officer-may-ratify-in-writing-the-change-and-such-ratification-shall-constitute-the-consent-of-the-contracting-officer-required-by-this-clause.-the-personnel-andor-facilities-as-specified-in-paragraphs-1-and-2-below-may-with-the-approval-of-the-contracting-officer-be-amended-from-time-to-time-during-the-course-of-the-contract-to-either-add-or-delete-personnel-andor-facilities-as-appropriate. .unnumbered}

# [Key Personnel:]{.mark}  {#key-personnel .unnumbered}

[]{.mark}

> [Project Leader]{.mark}

# CONFIDENTIALITY OF DATA AND INFORMATION

The Contractor and any of its subcontractors in performance of this
contract may have need for access to and use of various types of data
and information in the possession of the Government which the Government
obtained under conditions which restrict the Government's right to use
and disclose the data and information, or which may be of such 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 each data item and not to:

> \(1\) Disclose such data and information to others without written
> authorization from the CO, unless the Government has made the data and
> information available to the public; and
>
> \(2\) Use for any purpose other than the performance of the contract
> that data which bears a restrictive marking legend.

Though formal training is company policy and procedures, the Contractor
agrees to make its employees aware of the absolute necessity to maintain
the confidentiality of data and information, as required above, and
further aware of the sanctions which may be imposed for divulging either
the proprietary data of other companies or proprietary data that is
obtained from the Government to anyone except as authorized. 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. The Contractor shall furnish a sample form of
this agreement to the CO promptly after award.

The Contractor specifically agrees to hold the Government harmless and
indemnify the Government as to any cost/loss resulting from the
unauthorized use or disclosure of proprietary data by the Contractor,
its employees, subcontractor, or agents. The Contractor agrees to
include the substance of this provision in all subcontracts awarded
under this contract.

Except as the CO specifically authorizes in writing, upon completion of
all work under this contract, the Contractor shall return all such data
and information, including all copies, modifications, adaptations, or
combination thereof, to the CO.

As used herein, the term "data" has the meaning set forth in AMS 3.5-13,
Rights in Data -- General, with Alternates 1, 2, 3 and 5, but is not
limited to, computer software, as defined in AMS 3.5-13 -- Rights in
Data -- General.

# RELEASE AND DISSEMINATION OF INFORMATION

Work performed under this contract may involve access to information,
including specifications, cost estimates and other sensitive data.
Consequently, the Contractor (including individual employees thereof)
shall not publish, permit to be published, or distribute for public
consumption, any information, oral or written, concerning the results or
conclusions made pursuant to the performance of this contract, without
the prior written consent of the Contracting Officer. Except as required
by law, or regulation, such information, including any news release,
public announcement, or advertising material concerned with this
contract shall be issued by the Contractor without prior written consent
of the COTR or the Contracting Officer, whether orally or in writing, to
any person except:

(1) FAA personnel with a \"need to know\" who have signed a
    non-disclosure form;

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(1) Employees of the Contractor with a \"need to know\" who have signed
    a non-disclosure form or;

(2) Such other person as may be designated in writing by the Contracting
    Officer and who have signed a non-disclosure form.

Two copies of any material proposed to be published or distributed shall
be submitted to the COTR and the Contracting Officer for review at least
30 days prior to the material being submitted for publication.

# ATTORNEY/CLIENT PRIVILEGE

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

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

# MAINTENANCE OF RECORDS AND LITIGATION SUPPORT

The Contractor shall maintain all records, notes, memoranda,
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
Government upon request, and shall not be withheld by the contractor for
any reason. The Contractor waives any statutory rights it may have for
withholding the documents. In addition, the Contractor shall support the
Government in litigation to whatever extent required by the Government.
In the event any request for support to the Government occurs after the
period of performance of the contract, separate contractual arrangements
will be made for costs incurred.

# NOTICE TO THE GOVERNMENT OF DELAYS

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

# GOVERNMENT FURNISHED EQUIPMENT/DATA/MATERIALS

The Contractor shall have access to Government data relevant to
performance under this contract but shall not use or distribute
materials or any other product arising from performance of this contract
other than as stated in the Statement of Work. All equipment, program
codes and materials furnished (including contractor acquired property
paid for by the Government) and approved equipment, software and
materials purchased by the Contractor which are reimbursable under this
contract, are Government property, whether expressly under signed
custody of the Contractor or not, and shall be returned to the
Government. Any software purchased in performance of this contract must
be licensed to the FAA. Any information, not previously published,
received from the Government in connection with this contract, or
furnished to the Contractor from other sources in response to the
Government\'s requirements under this contract, will be restricted to
this project, and may not be disclosed or used for any other purpose,
without the prior written approval of the Contracting Officer. These
restrictions do not apply to information which:

(1) Currently or subsequently enters the public domain;

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(3) Has been released to any third party, without restrictions; or

(4) Is obtained by the Contractor independent of the Government.

Facilities, Items, and Services - The Government will not furnish
facilities, items, or services except as provided herein.

# WEATHER AND OTHER RELATED ABSENCES

As a matter of policy, Contractors may only invoice the FAA for the
hours actually worked, and Contractor employees should not assume their
absence will be excused when FAA employees have been granted leave.

When FAA offices close, contractor employees may work in their local
offices, or be granted access to Government buildings as agreed between
the appropriate offices.

# Office Automation Requirements

The success of this contract is heavily dependent on office automation
technology use to allow collaborative work and the rapid transmittal of
information between task participants. On this basis, the Contractor
shall consider the cost of an automated office as part of its overhead.
This shall include the following:

(a) Adequate Contractor owned/leased workstations at the Contractor's
    facility to support the Contractor site staff. Workstations shall be
    capable of running the current FAA Office Suite, currently Microsoft
    Windows XP Professional Version 2002. Given the performance period
    of the proposed contract, technology refresh is anticipated.

(b) Maintain an in-house local area network (LAN) capable of providing
    requisite levels of file sharing and E-mail for their employees.
    Maintenance of said LAN shall also be considered as part of
    overhead.

(c) Telephone service, including but not limited to, voice mail,
    facsimile, local calls, long distance calls shall be considered
    overhead.

(d) The Contractor shall maintain, at its own facilities, 24 by 7 access
    to the Internet via an Internet Service Provider at a minimum rate
    of 256 KBPS. Dial up access to Government network(s), for the
    purpose of routine email and file transfer, will not be provided.
    Contractor shall maintain and use its own corporate domain for
    company business.

(e) The Contractor shall be responsible for adhering to the best
    practices of the art in maintaining information technology security
    and data integrity. If required, Virtual Private Network (VPN)
    appliances, located in Contractor offices, shall also be considered
    as overhead.

(f) The Contractor shall ensure that during the performance of work
    efforts appropriate technologies are employed by the Contractor,
    such as the use of fiber optics, to ensure that the Contractor's
    electronic systems can effectively communicate with FAA systems.
    Technologies used shall also enable Contractor communications with
    FAA customers through FAA security and firewall provisions.

# SAVE HARMLESS AND INDEMNITY AGREEMENT 

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

# h17 PROGRAM AND CONTRACT MANAGEMENT QUALITY PERFORMANCE EVALUATION {#h17-program-and-contract-management-quality-performance-evaluation .unnumbered}

\(a\) The Program and Contract Management QPI under clause H.17 will be
a quality review of the Contractor\'s performance for each specified
Evaluation Period. The Contractor's Performance Evaluation Criteria,
upon which the quality review determination of QPI shall be based, are
to be provided by each offeror (L.20.1).

\(b\) Performance Evaluation Criteria may, consistent with the Contract,
be changed bilaterally by the Government at any time during the contract
period of performance. The Contracting Officer shall provide
notification of such changes to the Contractor thirty (30) days prior to
the start of the Evaluation Period to which the changes apply.
Government revision of the Performance Evaluation Criteria is not a
change under the \"Changes\" clause of this Contract, is not subject to
the "Disputes" clause of this contract, nor does it entitle the
Contractor to any change or adjustment in any other contract term or
condition.

# h17.1 QUALITY PERFORMANCE INCENTIVE  {#h17.1-quality-performance-incentive .unnumbered}

> \(a\) It is understood and agreed by both parties to this Contract,
> that a quality performance incentive (QPI) is established effective
> the date of contract award. The Government is seeking above average
> performance and will pay no QPI for work evaluated as \"standard\",
> currently set at 69%, or lower. The potential incentive award will be
> scaled from 0 to 100% as the score varies between 70 and 100%. For
> example:

+------------------------------------+---------------------------------+
| [QPI Rating]{.underline}           | [Incentive Award                |
|                                    | Percentage]{.underline}         |
+------------------------------------+---------------------------------+
| 0-69                               | 0%                              |
+------------------------------------+---------------------------------+
| 70                                 | 50%                             |
|                                    |                                 |
| 71                                 | 52%                             |
|                                    |                                 |
| 72                                 | 54%                             |
|                                    |                                 |
| 73                                 | 56%                             |
|                                    |                                 |
| 74                                 | 58%                             |
|                                    |                                 |
| 75                                 | 60%                             |
|                                    |                                 |
| 76                                 | 62%                             |
|                                    |                                 |
| 77                                 | 64%                             |
|                                    |                                 |
| 78                                 | 66%                             |
|                                    |                                 |
| 79                                 | 68%                             |
|                                    |                                 |
| 80                                 | 70%                             |
|                                    |                                 |
| 81                                 | 72%                             |
+------------------------------------+---------------------------------+
| 82                                 | 74%                             |
+------------------------------------+---------------------------------+
| 83                                 | 76%                             |
+------------------------------------+---------------------------------+
| 84                                 | 78%                             |
+------------------------------------+---------------------------------+
| 85                                 | 80%                             |
+------------------------------------+---------------------------------+
| 86                                 | 82%                             |
|                                    |                                 |
| 87                                 | 84%                             |
|                                    |                                 |
| 88                                 | 86%                             |
|                                    |                                 |
| 89                                 | 88%                             |
|                                    |                                 |
| 90                                 | 90%                             |
|                                    |                                 |
| 91                                 | 91%                             |
|                                    |                                 |
| 92                                 | 92%                             |
|                                    |                                 |
| 93                                 | 93%                             |
|                                    |                                 |
| 94                                 | 94%                             |
|                                    |                                 |
| 95                                 | 95%                             |
|                                    |                                 |
| 96                                 | 96%                             |
|                                    |                                 |
| 97                                 | 97%                             |
|                                    |                                 |
| 98                                 | 98%                             |
|                                    |                                 |
| 99                                 | 99%                             |
|                                    |                                 |
| 100                                | 100%                            |
+------------------------------------+---------------------------------+
|                                    |                                 |
+------------------------------------+---------------------------------+
|                                    |                                 |
+------------------------------------+---------------------------------+

> \(b\) The total QPI potentially available to the Contractor, under
> this clause shall be divided into five (5) increments as set forth
> below. Each increment is allocated to a specific contract period. Each
> succeeding Evaluation Period begins at the end of the preceding
> Evaluation Period. The QPI payable for each Evaluation Period shall be
> paid upon Government determination of the percentage (0-100%) of the
> potential QPI available for the period which is the Government
> determines that the Contractor has earned.

Evaluation Evaluation Potential Incentive Authorized Billable
[Period]{.underline} [End Date]{.underline} [Award]{.underline}
[Amount]{.underline}

1\. \$TBD

2\. \$ TBD

3\. \$ TBD

4\. \$ TBD

5\. \$ TBD

Total Available Incentive: \$ TBD

[]{.mark}

[]{.mark}

# h17.2 DETERMINATION OF QUALITY PERFORMANCE INCENTIVE EARNED {#h17.2-determination-of-quality-performance-incentive-earned .unnumbered}

\(a\) The Government shall, at the conclusion of each specified
Evaluation Period, evaluate the Contractor\'s performance for a
determination of QPI earned in accordance with the Performance Criteria
to be submitted by each offeror. The Contractor shall be promptly
advised (within 30 calendar days following the conclusion of the
Evaluation Period), in writing, of this determination and the reasons
for it. [This determination shall be predicated on the qualitative
assessment of the Fee Determination Official (FDO).]{.underline} The
Contractor shall submit a self-evaluation of its performance for each
Evaluation Period to the Contracting Officer. Although the basis for the
determination of the QPI shall be the Government's evaluation, any
self-evaluation which is received within fifteen (15) calendar days
after the end of the period being evaluated will be given appropriate
consideration by the FDO.

\(b\) All determinations as to the amount of QPI earned made by the FDO
are binding on both parties and are not subject to appeal under the
\"Disputes\" clause of this Contract, or to any Board (including the
FAA's Office of Disputes Resolution for Acquisition) or Court.

# H17.3 DISTRIBUTION OF QUALITY PERFORMANCE INCENTIVE {#h17.3-distribution-of-quality-performance-incentive .unnumbered}

\(a\) The total amount of the QPI available under clause H.17 is
assigned to each evaluation period as set forth above.

\(b\) Notwithstanding any other provisions of this contract, in the
event of termination of the contract for the convenience of the
Government, either in whole or in part, during any of the Evaluation
Periods but before the completion of such period, the Government may,
but is not required to, award a QPI for work performed during that
Evaluation Period. In that event, the total amount available for QPI for
such period shall be the appropriate available QPI set forth above,
ratably adjusted as determined by the FDO to reflect the actual amount
of contract effort performed during the Evaluation period.

\(c\) Notwithstanding any other provisions of this contract, in the
event of Termination of the contract for default, the Contractor shall
not be paid any additional QPI but may, subject to all rights of the
Government, retain any QPI amounts previously paid.

\(d\) Notwithstanding any other provisions of this contract, in no event
shall any unearned QPI from the current evaluation period be carried
forward under clause H.17 for consideration in subsequent Evaluation
Periods.

End of Section H