SCREENING INFORMATION REQUEST (SIR)

Invitation for Bids -- IFB

12-Month Renewal and Maintenance for FAA ATO

Business Objects Licenses

As a Contracting Officer for the FAA, I hereby issue, on May 5, 2008, a
Request for Offers (RFP) for pricing to support renewal of the FAA ATO
Business Objects software maintenance agreement for the licenses
identified in Section B. The SIR includes the following sections:

Section B: Supplies or Services

Section D: Packaging and Packing

Section E: Quality Assurance

Section F: Deliveries or Performance

Section G: Contract Administration

Section I: Contract Clauses

Section K: Representations and Certifications

Section L: Conditions, and Notices to Offerors

Offerors are required to submit offers to the undersigned. Offers must
be submitted electronically via e-mail to:

<Jim.McNulty@faa.gov>

Offers must be submitted on or before COB 3:00 PM Wednesday May 14,
2008.

Offerors must submit a completed Section B with their offer (and propose
pricing for every line item). The FAA will consider only Firm
Fixed-Prices for this requirement.

Offerors must submit a completed Section K with their offer,
Representations and Certifications.

**Award will be made to the lowest bidder (aggregating the proposed
pricing for all CLINs shown in Section B).**

> Jim McNulty\
> Contracting Officer, ATO-A
>
> SECTION B - CONTRACT LINE ITEMS

The FAA has an existing inventory of Business Objects licenses (See
CLINs 1 through 12 shown below) for which the FAA would like to \"come
current\" and purchase additional software maintenance through April 30,
2009. The most recent software maintenance for these licenses ended on
April 30, 2008. Offerors must propose pricing to bring the below-noted
licenses current through April 30, 2009 **(i.e., include software
maintenance through this date).**

  -------- --------------- ----------------------- --------- ----------- --------------
                                                             **Unit**    **Extended**

  **CLIN   **B.O. Part     **Descriptioin**        **Qty**   **Price**   **Price**
  \#**     \#**                                                          

  **1**    BJ50            US Address Processing   1                     
                           for                                           

                           B.O. Bi-monthly English                       

  **2**    D1N3            NA Data Quality Premium 1                     
                           for                                           

                           Data Integrator                               
                           Test/Dev                                      

  **3**    R-HHJ-E-WT-00   Business Objects        1                     
                           Composer                                      

                                                                         

  **4**    R-HHK-E-WT-00   B. O. Metadata Manager  1                     
                           for                                           

                           Data Integrator                               

  **5**    R-UCS-E-WT-00   Web Intelligence B.O.   6                     

                           Enterprise Premium                            
                           Bundle                                        

  **6**    R-DEU-E-WX-00   B.O. Data Integrator    1                     

                           Departmental                                  

  **7**    R-1BR-E-SX-00   Business Objects        1                     
                           Dashboard                                     

                           Manager                                       

  **8**    R-1YC-E-WT-00   Busiiness Objects       15                    
                           Desktop                                       

                           Intelligence                                  

  **9**    R-1BS-E-SX-00   Business Objects        1                     
                           Predictive                                    

                           Analysis                                      

  **10**   R-1BT-E-SX-00   Business Objects Set    1                     

                           Analysis                                      

  **11**   R-1RP-E-WX-00   Crystal Reports         3                     
                           Professional                                  

                                                                         

  **12**   R-HFU-E-WT-00   B.O. Data Integrator    1                     
                           Multi-                                        

                           User Development (for                         

                           Professional Only)                            
  -------- --------------- ----------------------- --------- ----------- --------------

PART D

PACKAGING AND PACKING

All products delivered under this contract shall be packaged in
accordance with best commercial practices.

PART E

QUALITY ASSURANCE

All quality requirements applicable to this effort are specified at
Section C and Section I. The government reserves the right to specify
additional quality requirements in each individual task order issued
hereunder.

#### SECTION F - DELIVERIES OR PERFORMANCE

# F.1 Period of Performance 

The period of performance of this contract is as set forth below:

> **Date of award through April 30, 2008**

CONTRACT ADMINISTRATION

**G.1** **INTERPRETATION OR MODIFICATION**

No verbal statement by any person, or written statement by anyone other
than the Contracting Officer, or his/her authorized representative
acting within the scope of his/her authority, shall be interpreted as
modifying or otherwise affecting the terms of this solicitation or any
resulting Contract. All requests for interpretation or modification
shall be made in writing to the Contracting Officer.

(End of Clause)

**G.2 PAYMENT ADDRESS**

The FAA Headquarters \"Designated Billing Office\" and \"Designated
Payment Office\", as defined at FAAAMS 3.3.12.3, and as used in FAAAMS
clause

3.3.1-17, are the Accounts Payable Branch (AFM-200) as listed below.

Federal Aviation Administration

800 Independence Avenue, SW.

Accounts Payable Branch, AFM-200

Washington, DC. 20591.

(End of Clause)

**G.3 INVOICING REQUIREMENTS**

1\. The Contractor may submit an invoice upon contract award properly
executed (original and three (3) copies), to the Federal Aviation
Administration, Accounts Payable Branch, AFM-200, 800 Independence
Avenue, SW., Washington, DC. 20591.

2\. In addition to the requirements specified in FAA AMS clause
3.3.1-17, Prompt Payment, the following data must be included on the
invoice:

(a) The applicable delivery order number under which the equipment was
    ordered.

(b) The cognizant Contracting Officer's name and routing symbol.
    Invoices that fail to cite the name of the Contracting Officer that
    issued the task order under which the invoice is submitted will be
    considered unacceptable and will be rejected.

(c) List of direct supplies, labor, materials, with quantity of each
    item or labor category.

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(d) Current amount invoiced and the cumulative value of all invoices to
    date by CLIN.

(e) Amount of funds remaining on each delivery order shall be included
    with each invoice.

3\. Failure to provide the required information shall be cause for
rejection of the invoice.

(End of Clause)

## *SPECIAL CONTRACT REQUIREMENTS* 

THERE ARE NO SPECIAL CONTRACT REQUIREMENTS SPECIFIED.

SECTION I -- CLAUSES

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

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

3.1.8-1 Cancellation, Recission, and Recovery of Funds for Illegal or
Improper Activity (September 2000)

3.1.8-2 Price or Fee Adjustment for Illegal or Improper Activity
(September 2000)

3.2.2.3-32 Waiving Facilities Capital Cost of Money (July 2004)

3.2.2.3-33 Order of Precedence (July 2004)

3.2.2.3-75 Requests for Contract Information (July 2004)

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

3.2.5-1 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)

3.2.5-7 Disclosure Regarding Payments to Influence Certain Federal
Transactions

(June 1999)

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

3.3.1-1 Payments (April 1996)

3.3.1-6 Discounts for Prompt Payment (April 1996)

3.3.1-7 Limitation on Withholding of Payments (April 1996)

3.3.1-8 Extras (April 1996)

3.3.1-9 Interest (April 1996)

3.3.1-15 Assignment of Claims (April 1996)

3.3.1-17 Prompt Payment (January 2003)

3.3.1-27 Invoices for Equipment Delivered (March 1997)

3.3.2-1 FAA Cost Principles (October 1996)

3.4.1-12 Insurance (July 1996)

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

3.4.2-8 Federal, State, and Local Taxes\--Fixed Price Contract (April
1996)

3.5-1 Authorization and Consent (April 1996)

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

3.5-3 Patent Indemnity (April 1996)

3.5-11 Patent Rights\--Retention by the Contractor (Long Form) (October
1996)

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

3.5-18 Commercial Computer Software\--Restricted Rights (October 1996)

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

3.6.2-4 Walsh-Healey Public Contracts Act (April 1996)

3.6.2-9 Equal Opportunity (August 1998)

3.6.2-12 Affirmative Action for Special Disabled and Vietnam Era
Veterans (January 1998)

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

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

3.6.2-35 Prevention of Sexual Harassment (August 1998)

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

3.6.3-10 Certification of Toxic Chemical Release Reporting (August 1998)

3.6.3-11 Toxic Chemical Release Reporting (August 1998)

3.6.3-15 Material Requirements (October 2002)

3.6.3-16 Drug Free Workplace (January 2004)

3.6.4-2 Buy American Act\--Supplies (July 1996)

3.6.4-8 Buy American Act\--NAFTA Implementation Act\--Balance of
Payments Program (July 1996)

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

3.10.1-7 Bankruptcy (April 1996)

3.10.1-9 Stop-Work Order (October 1996)

3.10.1-11 Government Delay of Work (April 1996)

3.10.1-12 Changes\--Fixed-Price (April 1996)

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

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

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

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)

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

3.10.6-4 Default (Fixed-Price Supply and Service) (October 1996)

3.10.6-7 Excusable Delays (October 1996)

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

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

**THE FOLLOWING CLAUSES ARE INCLUDED IN FULL TEXT:**

**3.3.1-33 Central Contractor Registration** (April 2006)

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

**3.3.1-34 Payment by Electronic Funds Transfer/Central Contractor
Registration** (October 2005)

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

**3.9.1-1 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, 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](http://www.faa.gov/).\
\
(End of clause)

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.\
\
(End of clause)

SECTION K

OFFERORS ARE REQURIED TO COMPLETE ALL OF THE CERTIFICATIONS INCLUDED IN
THIS SECTION OF THE SIR.

3.2.2.3-10 Type of Business Organization (July 2004)

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

**3.2.2.3-15 Authorized Negotiators (July 2004)**

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

**3.2.2.3-22 Period for Acceptance of Offer (July 2004)**

The offeror (you) agrees that if this offer is accepted within
\_\_\_\_\_\_\_\_ calendar days (60 calendar days unless you insert a
different period) from the date the SIR specifies for receiving offers,
to provide all items for which you offer prices at the price set
opposite each item, delivered at the designated point(s), within the
time specified in the Schedule.\
\
(End of provision)

**3.2.2.3-23 Place of Performance (July 2004)**

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

**3.2.2.3-70 Taxpayer Identification (July 2004)**

\(a\) Definitions.\
\
(1) \"Common parent,\" as used in this clause, means a corporate entity
that owns or controls an affiliated group of corporations that files an
offeror\'s (you, your) Federal income tax returns on a consolidated
basis, and of which you are a member.\
\
(2) \"Corporate status,\" as used in this clause, means a designation as
to whether you are a corporate entity, an unincorporated entity (for
example, sole proprietorship or partnership), or a corporation providing
medical and health care services.\
\
(3) \"Taxpayer Identification Number (TIN),\" as used in this clause,
means the number the Internal Revenue Service (IRS) requires you use in
reporting income tax and other returns.\
\
(b) All offerors must submit the information required in paragraphs (c)
through (e) of this provision to comply with reporting requirements of
26 U.S.C. 6041, 6041A, and 6050M and implementing regulations issued by
IRS. The FAA will use this information to collect and report on any
delinquent amounts arising out of your relation with the Federal
Government, under Public Law 104 -134, the Debt Collection Improvement
Act of 1996, Section 31001(I)(3). If the resulting contract is subject
to the reporting requirements and you refuse or fail to provide the
information, the Contracting Officer (CO) may reduce your payments 31
percent under the contract.\
\
(c) Taxpayer Identification Number (TIN).\
\
\[ \] TIN: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\[ \] TIN has been applied for.\
\[ \] TIN is not required because:\
\[ \] Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not leave income effectively connected with the
conduct of a trade or business in the U.S. and does not have an office
or place of business or a fiscal paying agent in the U.S.;\
\[ \] Offeror is an agency or instrumentality of a foreign government;\
\[ \] Offeror is an agency or instrumentality of a Federal, state, or
local government;\
\[ \] Other\--State basis.
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.\
\
(d) Corporate Status.\
\
\[ \] Corporation providing medical and health care services, or engaged
in the billing and collecting of payments for such services;\
\[ \] Other corporate entity\
\[ \] Not a corporate entity\
\[ \] Sole proprietorship\
\[ \] Partnership\
\[ \] Hospital or extended care facility described in 26 CFR 501(c)(3)
that is exempt from taxation under 26 CFR 501(a).\
\
(e) Common Parent.\
\
\[ \] A common parent does not own or control the offeror as defined in
paragraph (a).\
\[ \] Name and TIN of common parent:\
Name
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
TIN
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\
(End of provision)

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

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

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

\(a\) The Offeror certifies, to the best of its knowledge and belief,
that\--\
\
(i) The Offeror and/or any of its Principals\--\
\
(A) Are \[ \] are not \[ \] presently debarred, suspended, proposed for
debarment, or declared ineligible for the award of contracts by any
Federal agency;\
\
(B) Have \[ \] have not \[ \] within a three-year period preceding this
offer, been convicted of or had a civil judgment rendered against them
for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, state,
or local) contract or subcontract; violation of Federal or state
antitrust statutes relating to the submission of offers: or commission
of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property; and\
\
(C) Are \[ \] are not \[ \] presently indicted for, or otherwise
criminally or civilly charged by a governmental entity with, commission
of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this
provision.\
\
(ii) The Offeror has \[ \] has not \[ \] within a three-year period
preceding this offer, had one or more contracts terminated for default
by any Federal agency.\
\
\'Principals,\' for the purposes of this certification, means officers;
directors; owners; partners; and, persons having primary management or
supervisory responsibilities within a business entity (e.g., general
manager; plant manager; head of a subsidiary, division, or business
segment, and similar positions). THIS CERTIFICATION CONCERNS A MATTER
WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING
OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER
SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES
CODE.\
\
(b) The Offeror shall provide immediate written notice to the
Contracting Officer if, at any time prior to contract award, the Offeror
learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.\
\
(c) A certification that any of the items in paragraph (a) of this
provision exists will not necessarily result in withholding of an award
under this SIR. However, the certification will be considered in
connection with a determination of the Offeror\'s responsibility.
Failure of the Offeror to furnish a certification or provide such
additional information as requested by the Contracting Officer may
render the Offeror nonresponsible.\
\
(d) Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render, in good faith,
the certification required by paragraph (a) of this provision. The
knowledge and information of an Offeror is not required to exceed that
which is normally possessed by a prudent person in the ordinary course
of business dealings.\
\
(e) The certification in paragraph (a) of this provision is a material
representation of fact upon which reliance was placed when making award.
If it is later determined that the Offeror knowingly rendered an
erroneous certification, in addition to other remedies available to the
Government, the Contracting Officer may terminate the contract resulting
from this SIR for default.\
\
(End of provision)

**3.3.1-35 Certification of Registration in Central Contractor
Registration (CCR)** (April 2006)

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

3.5-14 Representation of Limited Rights Data and Restricted Computer
Software (October 1996)

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

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

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\
Note: \"Limited rights data\" and \"Restricted computer software\" are
defined in the contract clause titled \"Rights In Data-General.\"\
\
(End of provision)

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.\
\
(End of provision)

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

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

3.6.2-6 Previous Contracts and Compliance Reports (April 1996)

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

3.6.2-8 Affirmative Action Compliance (April 1996)

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

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

The Offerors signature on this contract constitutes an affirmative
attestation that:\
\
(a) Any facility to be used in the performance of this contract is not
listed on the Environmental Protection Agency (EPA) List of Violating
Facilities;\
\
(b) The Offeror will immediately notify the Contracting Officer, of the
receipt of any communication from the Administrator, or a designee, of
the EPA, indicating that any facility that the Offeror uses for the
performance of the contract is under consideration to be listed on the
EPA List of Violating Facilities; and\
\
(c) The Offeror will include a certification substantially the same as
this certification, including this paragraph (c), in every nonexempt
subcontract.\
\
(End of provision)

3.6.4-15 Buy American Act Certificate (July 1996)

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

3.6.4-17 Buy American Act\--NAFTA Implementation Act\--Balance of
Payments Certificate (July 1996)

\(a\) The offeror certifies that each end product or service, except as
listed below, is a domestic end product or service (as defined in the
clause \"Buy American Act-NAFTA Implementation Act-Balance of Payments
Program\") and components of unknown origin are considered to have been
mined, produced, or manufactured outside the United States.\
\
Excluded End Product Country of Origin\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\[list as necessary\]\
\
(b) Under certain circumstances, offers of North American Free Trade
Agreement (NAFTA) country end products (as defined in the clause \"Buy
American Act-North American Free Trade Agreement Act Implementation
Act-Balance of Payments\") will be given the same preference as domestic
end products. To obtain this preference, offerors must identify below
those end products that are NAFTA country end products. Products that
are not identified and certified below will not be deemed NAFTA country
end products\
\
Excluded End NAFTA Country of Origin\
Product\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\[list as necessary\]\
\
(c) The offeror agrees to furnish any additional information as the
Contracting Officer may request to verify the above information and to
evaluate the offer. Offerors may obtain from the Contracting Officer
lists of articles, materials, and supplies excepted from the Buy
American Act.\
\
(End of provision)

**SECTION L - INSTRUCTIONS, CONDITIONS,**

**AND NOTICES TO OFFERORS**

## L.7 [FAA AMS Clauses]{.underline} 

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

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

**3.2.2.3-1 False Statements in Offers** (April 1996)

2.  **Minimum Offer Acceptance Period** (July 2004) The Government
    requires a minimum acceptance period of 60 days.

**3.2.2.3-3 Affiliated Offerors** (July 2004)

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

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

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

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

14. **Late Submissions, Modifications, and Withdrawals of Submittals**

(July 2004)

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

**3.2.2.3-17 Preparation of 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)

**3.2.2.3-29 Integrity of Unit Prices** (July 2004)

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

**3.2.2.3-72 Announcing Competing Offerors** (July 2004)

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

**3.2.4-1 Type of Contract (April 1996): Indefinite Quantity Contract**

**3.2.4-25 Single or Multiple Awards** (April 1996)

**3.2.4-31 Evaluation of Options** (April 1996)

2.  **Independent Price Determination** (October 1996)

**3.3.1-30 Progress Payments Not Included** (November 1997)

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

**THE FOLLOWING FAA AMS CLAUSE IS PROVIDED IN FULL TEXT:**

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

If the offeror (you) wants the FAA (we, our) to explain or interpret the
SIR, drawings, specifications, or other information, request it early
enough to allow us to send our response to all prospective offerors
before they submit their offers. Oral explanations or instructions we
give before contract award will be binding only if we confirm them in
writing. We will promptly provide any information we give you about a
SIR to all other prospective offerors as a SIR amendment if the lack of
that information would be prejudicial to any other offerors.

The government will make best efforts to respond to all questions
received at least 2 weeks prior to the due date for submission of
proposals. Questions received after this date may be ignored, at the
government's discretion. All questions should be submitted to the
Contracting Officer via e-mail at <Jim.McNulty@faa.gov>.

(End of provision)

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

The FAA contemplates award of a FIXED PRICED contract that includes both
firm fixed-price line items as well as line items on a Labor Hours
basis, resulting from this Screening Information Request.\
\
(End of provision)

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

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

**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.\
    \
    (End of clause)

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

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

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

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