**DTFA01-95-C-00015**

**[PART I - SECTION H]{.underline}**

** [SPECIAL CONTRACT REQUIREMENTS]{.underline}**

** TABLE OF CONTENTS**

[SECTION]{.underline} [TITLE]{.underline} [PAGE]{.underline}

**H.1.0 FAR 52.204‑1 APPROVAL**

This Contract is subject to the written approval of the FAA
Administrator and shall not be binding until so approved.

**H.2.0 REPRESENTATIONS AND CERTIFICATIONS**

In accordance with FAR 15.406-1(b), \"Representations, Certifications,
and Other Statements of Offerors,\" as executed by the Contractor and
included in its response to the Government\'s Request for Proposals,
shall be deemed to be incorporated herein by reference and made a part
of this Contract.

**H.3.0 WORK RELEASE PROCEDURES .3.0 WORK RELEASE PROCEDURES.3.0 WORK
RELEASE PROCEDURES**

The following Work Release procedures will apply to the TSSC-II
Contract.

**H.3.1 Terminology**

a\. [Work Release (WR)]{.underline} - When properly executed, a written
authorization from the Government allowing the Contractor to incur costs
against the Contract to either prepare a Work Release Plan, revise a
Work Release Plan, or perform the effort identified in the Work Plan.
WRs will be of three types: Preliminary Work Releases (PWR), Revised
Work Releases (RWR), and Final Work Releases (FWR). For national WRs, a
properly executed WR will, at a minimum, contain the signatures of the
CO, the TO, and Program Manager. For regional WRs, a properly executed
WR will, at a minimum, contain the signatures of the ACO, ATO, and
Project Engineer.

b\. [Preliminary Work Release (PWR)]{.underline} - Upon proper
execution, the PWR identifies the work FAA contemplates assigning to the
Contractor and authorizes the Contractor to incur only that cost which
is reasonable, allowable, and allocable in the development of a Work
Release Plan.

c\. [Final Work Release (FWR)]{.underline} - Upon proper execution, the
FWR assigns work to the Contractor as identified in the WR Plan.

d\. [Revised Work Release (RWR)]{.underline} - Upon proper execution,
the RWR will authorize changes which are necessary to some aspect of the
FWR after it has been issued and will authorize the Contractor to
perform to the RWR\'s changed parameters. Based on the nature and extent
of the change, the issuance of a revised Work Release may require the
Contractor to submit a revised work plan.

Changes shall fall within the categories of Type I, II, III, or IV
changes. These type of change categories shall be utilized to track and
control Work Release budgets, costs, and both fee and non-fee bearing
direct labor hours. Type I and II categories shall reflect adjustments
in the estimated budget costs of the Work Release; Type III and IV
categories shall reflect adjustments in the number of fee or non-fee
bearing direct labor hours.

1\. Type I Change - A Type I change is typically initiated by the FAA
and reflects a change in the BUDGET ESTIMATE. The budget estimate
represents the estimated costs to complete a WR as agreed upon by the
FAA and contractor. This revision may occur when the FAA changes the WR
scope to meet project needs or budget constraints. Examples of events
which would result in a Type I change and thus impact the scope of a
project are unforeseeable conditions which change the complexity of a
project and a changed site condition resulting in a change in the
Davis-Bacon subcontractor costs.

2\. Type II Change - A Type II change is typically initiated by the
Contractor and represents ACTUAL COSTS and does not involve any change
in the scope of the Work Release. This type of change may result when
more or less than the estimated time is required to complete some phase
of engineering under the Final Work Releases. Other potential elements
that could be a Type II change involve project management, site surveys,
and equipment installations using the Contractor\'s resources.

3\. Type III Change - A Type III change represents the revised agreement
of direct labor hours for all work associated with Type I and Type II
changes to be performed under the Final Work Release.

4\. Type IV Change - A Type IV change represents direct labor hours
spent to correct a defect found to be the Contractors responsibility.
Type IV change hours are not subject to fee credit under the terms of
the Contract.

e\. [Close-out Work Releases]{.underline} - The Close-out Work Release
indicates that all effort authorized under a FWR, plus any subsequent
revisions to the FWR, have either been canceled or completed and any
other actions required to finalize the WR should be accomplished. There
are three types of close-out Work Releases, revisions \"C,\" \"X,\" and
\"Z.\"

1\. [The \"C\" Revision]{.underline} - The \"C\" close-out Work Release
is a RWR whose objective is to cancel a PWR or a FWR when work under the
WR to be issued has not commenced. If the FAA decides to cancel a WR and
determines that the Contractor has begun work under the WR, the
procedure would be to use the \"X\" and \"Z\" revisions.

2\. [The \"X\" Revision]{.underline} - The objective of the \"X\"
revision is to alert all concerned that the Work Release is in close-out
status and that no additional obligations are authorized against the
FWR. The \"X\" revision will be initiated upon receipt of notification
from the Contractor that the project is physically complete or when the
FAA determines that it wants work to cease on the WR for whatever
reason.

3\. [The \"Z\" Revision]{.underline} - The objective of the \"Z\"
revision is to close out the FWR. When the Contractor determines that a
Work Release is fiscally complete, a final invoice will be issued with
other close out documentation. Upon receipt of the final invoice, FAA
will initiate the \"Z\" revision. The \"Z\" revision indicates that the
project is now both physically and fiscally complete.

f\. [Work Release Plan (WR Plan)]{.underline} - is initiated by the
Contractor as the result of a PWR. In the WR Plan, the Contractor shall
provide its estimated cost and technical approach required to accomplish
the work identified in the PWR.

Upon issuance of a Revised Work Release by the FAA, the Contractor may
also be required to submit a revised work plan. Submission of a revised
work plan will depend on the nature and extent of the revision(s)
required by the Revised Work Release.

g\. [Notice to Proceed (NTP)]{.underline} - A written notice from the
FAA to the Contractor in which the Contractor is authorized to proceed
with the work specified within a Work Release on a specified date.

h\. [Establishment Engineering Plan (EEP)]{.underline} - Defines the
exact nature of the effort which may later be issued under a WR. Once
defined, the EEP must be incorporated into the Contract by a contract
modification before any WRs may

be issued under the effort defined in the EEP.

i\. [Work Release Change Action (WRCA)]{.underline} -When properly
executed, a WRCA

shall have the same effect as a WR revision. WRCA's shall be processed
in accordance with procedures in Section H.56.0 of this Contract.
Examples of actions requiring a WRCA include: incremental funding of an
on-going effort

by the Government; Government approval of a TSSC subcontract change

order; and those changes to a WR effort that do not, by agreement
between

the Government and Contractor, require a revision to an existing WR
plan.

e.g., extension of a minor schedule milestone date, no-cost site
place-name substitutions, changing of the WR schedule priority, and
similar minor WR changes.

j\. [Work Release Schedule Priority ]{.underline}- Each PWR, FWR, or RWR
will indicate the

type of schedule performance reporting which the government wants the
Contractor to provide. This information will enable the Contractor to

accomplish resource leveling and minimize disruptions to establishment
and maintenance of a stable work force. The schedule priority may be
changed by either a RWR or a WRCA. The schedule priority may be any
number from 1

to 9, with 9 being the lowest schedule priority.

1\. A WR with a schedule priority 1 will have its schedule variance

tracked and reported immediately. If the Work Release schedule slips

by at least one day, an alert (via CC:Mail) shall be transmitted to the

ATO, ACO and Government's FWR Project Engineer (PE)

immediately, and a variance report shall be generated and reported in

the monthly PSR,. Similarly, priority 2 will be tracked with a 2 week
schedule variance; priority 3, 3 weeks, etc. The FWR schedule will

only be reset after issuance of a FWR revision or Work Release Change
Action (WRCA) for priorities 1-5. Projects assigned a schedule

priority of 5 will have no schedule variance reporting in the PSR. Only

the CPR will reflect the schedule variance.

2\. LOW PRIORITY WRs: A WR with a schedule priority of 5 or higher shall
not generate a schedule variance report in the PSR. If a priority of 6
through 9 is assigned, the WR Plan schedule (budgeted cost of work
scheduled (BCWS)) shall be rebaselined by the Contractor in any month
during which the schedule variance will exceed 4 calendar weeks (28
days). For schedule priority 5 through 9, the ATO, ACO and FWR PE shall
receive an alert each time a priority 6 - 9 FWR reaches a variance of 4
weeks. For schedule priority 5 FWRs, the FWR PE shall be notified each
month during which the FWR is in variance by 4 weeks or more. For
schedule priority 6 or higher FWRs, the Contractor shall rebaseline the
BCWS to the actual or current schedule in any month a 4 week schedule
variance occurs, effectively erasing the FWR schedule variance. There is
no maximum schedule variance for schedule priority 1 through 5. The
maximum schedule variance for all priority 6 through 9 FWRs is 4 weeks.

k\. [Work Release Invoicing Category]{.underline} - Invoices shall be
prepared based upon the WR invoicing category as defined below:

1\. Invoice Category 1 - Work Release level invoicing. For this
category, all project funds allocated for non-labor related costs on a
given FWR shall be available for non-labor related costs incurred at any
site listed within that FWR.

2\. Invoice Category 2 - Site level invoicing. For this category, funds
will be allocated to specific sites listed within the FWR.

**H.3.2 Work Release Process**

Performance under this Contract shall be subject to the following:

a\. The Contractor shall incur costs under this Contract only in the
performance of Work Releases (WRs), Work Release Change Actions (WRCAs),
and revisions

to WRs issued in accordance with procedures defined within Section H. No

other costs are authorized without the written consent of the
Contracting

Officer or the Administrative Contracting Officer. Information regarding

WRCAs may be found in H.56.0 - \"WORK RELEASE CHANGE ACTION PROCESS.\"

b\. Before any effort falling under the Statement of Work (SOW) may be
assigned

as work through a Work Release, the Contract must first be modified to

further define the exact nature of the effort which was defined only in
general terms in the SOW. To accomplish this, the FAA will develop an
Establishment Engineering Plan (EEP) which will define the precise
nature of the effort for

which the FAA anticipates to have accomplished under a WR. Once
identified,

the EEP will be incorporated into the SOW through a contract
modification at which time the FAA may issue a WR assigning the effort
to the Contract. As this Contract is not a requirements-type contract,
the FAA shall bear no obligation nor responsibility to issue a WR for
which it has identified and incorporated into the Contract as an EEP
item. The Contractor may not incur costs in the performance of any WR
for which an EEP has not been incorporated into the Contract.

c\. During the performance of this Contract, PWRs, FWRs, RWRs and close
out

WRs will be issued in writing by the CO or ACO.

d\. When the FAA has identified effort which is being considered for

accomplishment under this Contract, the ATO will notify the Contractor
that a new WR is being considered. The Contractor and the Government
(ATO,

FWR PE, and appropriate contractor personnel, at a minimum) will discuss
the nature of the intended WR, the Contractor's anticipated approach
(which work will likely be performed by RSSC employees vs.
subcontracted, etc.). The Contractor shall provide the ATO with a
synopsis of the discussion from the

"pre-work release" meeting. After this synopsis is delivered, a PWR will
be issued to the Contractor. The PWR will contain as a minimum the
following information:

1\. A WR Title.

2\. A WR Document Number.

3\. A FAA Point of contact/WR initiator.

4\. A description of the technical requirements with applicable Job
Order Numbers (JONs).

5\. A listing of all site locations where work is to be performed.

6\. The period of performance for the WR.

7\. Deliverable products, if applicable.

8\. Government furnished equipment and materiel, if applicable.

9\. Government Furnished Information (GFI), if applicable.

10\. Technical standards or other Government furnished information (GFI)
if applicable.

11\. Acceptance criteria and performance schedule with sufficient
milestone to enable development of a work plan.

12\. The WR schedule priority (1 through 9).

13\. The WR invoice level category (either site level or WR level).

e\. The Contractor shall submit to the Contracting Officer or ACO,
within fourteen (14) calendar days after receipt of the PWR, a Work
Release Plan, unless a longer period of time is specified in the PWR.

f\. The Work Release Plan submitted shall contain the following:

1\. Organization - Identify personnel by title and skill level to be
assigned to the WR including designation of the WR manager.

2\. Impact on other work - Identify approach proposed to assure minimal
adverse impacts on costs and schedules and identification of unavoidable
impact on other work.

3\. Performance standards - Identify approach proposed for assuring
uniform high quality work.

4\. Acceptance Criteria - Identify approach proposed for assuring
satisfaction of all WR requirements.

5\. Estimated costs - Provide a detailed cost profile, summarized
monthly, to include direct labor category hours, labor rates,
subcontracting costs, any other direct costs such as travel, all
overhead costs and G&A. When specified in the PWR, multiple
projects/sites will be addressed separately.

6\. Equipment/Material Delivery - When applicable, indicate where the
Contractor desires the shipment of any GFE, GFM, or GFI (i.e., the site,
the nearest AF field location, a regional warehouse, etc.).

7\. Long Lead-Time Procurement - Identify items, recommended sources,
and estimated time required for delivery.

8\. Milestone Schedule - The Contractor shall propose a milestone
schedule in which proposed effort will be completed. This proposed
schedule shall take into consideration the necessity to utilize
resources from other Work

Releases and the availability of these resources for anticipated Work
Release efforts and the impact of inter-dependent activities such as
delivery of Government furnished property or equipment.

9\. Documentation - Identify all applicable specifications, standards,
engineering drawings, and any other documentation required to assure
proper completion of the project.

10\. Quality - Specify measures which the Contractor will undertake in
assuring the quality of its services and deliverables.

11\. Other - Provide any other data or information as requested in the
PWR.

g\. The Contractor shall adhere to the following format in developing
its WR Plan:

1\. Section A, Cover Sheet - Each Work Release plan shall have a cover
sheet which contains the following information:

\(a\) The unique WR number and revision level assigned by the FAA.

\(b\) The name of the WR effort.

\(c\) The date on which the WR Plan is issued by the Contractor.

\(d\) The Contractor\'s name, address, telephone and facsimile numbers.

2\. Section B, Estimated Costs - The Contractor will provide the
detailed break out of the estimated costs to complete efforts identified
under the PWR or RWR.

3\. Section C, Technical Approach - The Contractor will define its
technical approach and methodology required to accomplish the WR effort.

4\. Section D, Packaging, Shipping, and Storage - The Contractor will
identify its approach on how to handle and adhere to any unique
packaging, shipping, and storage requirements.

5\. Section E, Acceptance and Inspection - The Contractor will identify
its approach to acceptance and inspection of work as it applies to the
Work Release.

6\. Section F, Deliveries - The Contractor will provide a milestone
schedule containing milestones of all major events required to deliver
an acceptable product or service within timeframes established in the
PWR. The items which shall be addressed in the milestone schedule shall
include, but are not limited to, the placement of orders for long-lead
items, award of subcontracts, and special interfaces such as FAA interim
acceptance or approval and interfaces with other FAA contractors.

7\. Section J, List of Attachments - The Contractor will list all
attachments which are included in the WR Plan.

8\. Section L, Supplemental Information - The Contractor will provide
any additional information which will provide insight to the FAA on the

Contractor\'s approach to accomplishing the Work Release effort. The
Contractor shall also provide any assumptions on which it has based its
technical approach, such as FAA furnished information or equipment.

h\. If required, the FAA will conduct discussions with the Contractor to
resolve any issues regarding technical approach, cost variances, or any
ambiguities which may exist in the Contractor\'s WR Plan. After
discussions are concluded, the FAA will determine whether or not it is
cost effective to pursue the accomplishment of the effort via a Work
Release. If so, the Contractor will then be required to submit any and
all revisions to the WR Plan to make it compliant with the FAA\'s
requirements, and the final Work Release will be issued within fifteen
(15) calendar days after the revised and fully acceptable WR Plan is
submitted by the Contractor. The FWR will embody the FAA-approved WR
Plan which will contain among other things, the estimated cost for
accomplishing the work and the funding available to the Contractor if
the WR is incrementally funded. The issuance of the FWR may or may not
be authorization for the Contractor to start work on the WR. The start
of the Contractor\'s performance under a WR will be predicated on
whether or not the requirement for a Notice to Proceed (NTP) has been
stipulated in either the PWR or FWR. Where a NTP is required, the
Contractor shall not commence work nor incur costs under the FWR until
the NTP has been issued by the CO/ACO. If a NTP is not required, then
the start date contained within the duly executed FWP will become the
Contractor\'s commencement date.

i\. The FAA reserves the right to cancel any and all efforts involved in
the Work Release process at any time during the process. Should the
effort be canceled prior to the issuance of the FWR, or after issuance
of the FWR but prior to issuance of a NTP, a \"C\" revision will be
utilized and the Government will be liable only for costs that are
reasonable, allowable, and allocable in the development of the Work
Release Plan. After the FWR has been issued and work efforts have begun,
the Government will utilize the \"X\" and \"Z\" Revisions to cease
efforts and close-out the WR.

j\. The issuance of a FWR/NTP, properly executed by the FAA and a duly
authorized representative of the Contractor, shall constitute a binding
commitment on behalf of the Contractor to carry out all duties,
responsibilities, and work efforts as delineated within the WR.

k\. When all effort identified under a WR has been physically completed,
including appropriate documentation, and the work has been accepted by
the FAA, the Contractor shall take the following steps to initiate the
close-out process.

1\. The Contractor shall advise the CO/ACO in writing when all work on
the subject WR has been completed. The Contractor shall incur no
additional costs against a particular WR once notification of completion
has been given.

2\. The CO/ACO will issue a \"X\" revision to indicate that the WR is in
the close-out process.

3\. The Contractor is obligated to submit the final invoice and
associated documentation as soon as possible, but not later than 120
days after receipt of the \"X\" revision from the Government or the
Contractor\'s determination that the project was physically complete,
whichever occurs first. In addition to supporting information for the
Contractor\'s invoices, the

Contractor shall submit with the final invoice a recapitulation sheet
indicating the amounts invoiced and received on the Work Release being
closed-out. The Contractor shall also submit a cumulative list of all
property costing \$50 or more, installed or delivered to the sites
covered by a FWR.

4\. The CO/ACO will issue a \"Z\" revision WR after the FWR invoice has
been processed. Any charges or credits which remain after a WR is both
completed and closed shall be charged or credited against the Program
Management WR.

l\. All WRs issued under this Contract shall be subject to the following
limitations:

1\. This ordering procedure is of a lesser order of precedence than the
\"Limitations of Funds,\" \"Term of Contract,\" \"Level-of-Effort,\" and
\"Limitations of Contractual Obligations\" provisions of this Contract.
The Contractor is not authorized to incur cost on Work Releases which
are not in compliance with these provisions.

2\. The Contractor is not authorized to perform any work outside the
scope of the WR/SOW. In the event the Contractor has concerns about
tasks that may be outside the scope of work of the Contract, the
Contractor should notify the CO or ACO for resolution.

3\. While technical direction from the FAA may be necessary from time to
time, the Contractor will ensure adherence to guidance concerning
technical direction contained within Section G.9.0 - \"TECHNICAL
DIRECTION\" of this Contract.

4\. It is contemplated that the Government will allot funds
incrementally up to the full estimated costs of issued WRs. The
Contractor shall notify the appropriate CO or ACO in writing when the
costs incurred against any WR exceed 75% of the funds allotted to the
WR.

**H.4.0 SECURITY REQUIREMENTS .4.0 SECURITY REQUIREMENTS.4.0 SECURITY
REQUIREMENTS**

The Contractor shall comply with all Department of Transportation (DOT)
and Federal Aviation Administration (FAA) orders, directives, and
supplements relating to security. The Contractor shall safeguard all
classified material and shall provide and maintain a system of security
controls within its organization in accordance with the requirements of:

a\. Department of Defense (DOD), Security Agreement, DD Form 441;

b\. The Industrial Security Manual (ISM), attachment to DD Form 441; and

c\. Any future revisions or changes to the ISM.

**H.4.1 Personnel Suitability Requirements**

A suitability investigation is required for all Contractor employees
performing work under this Contract and will consist of either a
National Agency Check (NAC) or a National Agency Check and Inquiries
(NACI). If as a result of this investigation, or any other matter
brought to the attention of the Government, it is determined that the
Contractor\'s employee is not suitable to

perform work under this Contract, the Contractor shall be advised in
writing by the Contracting Officer that access to FAA facilities shall
be denied or withdrawn for that Contractor employee and that the
Contractor shall not use, or shall promptly cease using, such employee
for work under this Contract.

\"Suitable personnel\" means persons whose employment or continued
employment would promote the efficiency of the service.

NAC is an investigation consisting of searches of the following files:
Security/Suitability Investigations Index (SII), Defense Central
Investigation Index (DCII), the Federal Bureau of Investigation\'s (FBI)
Identification Division, and the FBI\'s Records Management Division.

NACI is an investigation consisting of a NAC, written inquiries, and
record searches covering specific areas of a person\'s background during
the most recent 5 years.

**H.4.2 Facility Security Requirements**

The Contractor shall provide such physical security at the facility
where the contract services are provided as is necessary to preclude
unauthorized intrusions and loss of or damage to Government property;
and, if so notified in writing by the Contracting Officer, the
Contractor shall promptly correct any aspects of physical security not
in compliance with this Contract.

**H.4.3 Investigation Requirements**

Except as provided in this Section, the Contractor shall provide to the
Contracting Officer the following completed forms prior to the first
visit by a Contractor employee to a FAA facility:

a\. Questionnaire for Public Trust Positions, Standard Form Number 85P
(SF-85P), December 1990 (original).

b\. Application for Federal Employment, Standard Form 171 (SF 171),
Revised 6/88, (copy). Only the following questions need to be answered:
2-6, 19, 28, 36, 38-45, and 48-49.

c\. Applicant fingerprint Card, Federal Document Number 258 (FD-258)
(original).

The Contractor may provide one of the following as evidence of previous
investigations in lieu of the documentation requirements above:

a\. A security clearance presently in effect that has been issued by the
Federal Government, or;

b\. A previously issued security clearance, which was administratively
terminated without prejudice less than 12 months ago, or;

c\. A previously issued NACI or higher-level investigation that was
conducted for Federal employment that ended less than 12 months ago. At
its sole discretion, the Government may require a current NACI
regardless of previous investigations or clearances.

**H.4.4 Department of Defense Industrial Security Program **

In performing under certain Work Releases, it may be necessary for the
Government to provide the Contractor access to classified information or
facilities in which case an industrial personnel security clearance will
be required. When access to classified information or facilities is
required, the Contractor shall comply with the policies and procedures
of the Department of Defense Industrial Security Program (DODISP).

The Director, Defense Industrial Security Clearance Office, Defense
Investigative Service (DIS), Columbus, Ohio 43216, is responsible for
processing and granting all industrial personnel security

clearances required by this Contract. The granting of Personnel Security
Clearances will be governed by the policies and procedures established
by, and in accordance with, Department of Defense Directive 5220.22.

The following forms, or any other forms as may be prescribed for use in
the DODISP, can be obtained from the cognizant DIS Security Office:

a\. Applicant Fingerprint Card, Federal Document Number 258, FD-258.

b\. Department of Defense (DOD), Contract Security Classification
Specification, DD Form 254.

c\. Department of Defense (DOD), Security Agreement, DD Form 441.

**H.4.5 Contractor Personnel - Standards of Conduct**

The Contractor shall provide personnel who are physically and
emotionally competent to perform the work required by this Contract. All
persons employed by the Contractor, and any subcontractor employed by
the Contractor, which are assigned to perform the contract work shall be
employees of the Contractor and at all time be under the control of the
Contractor.

The Contractor shall be responsible for maintaining satisfactory
standards of employee competency, conduct, appearance, and integrity and
shall be responsible for taking such disciplinary actions with respect
to its employees as may be necessary.

The Contracting Officer may, in accordance with TAR 1252.237-71, require
dismissal from work those employees which he/she deems incompetent,
insubordinate, unsuitable, or otherwise objectionable.

Upon learning that an employee of the Contractor performing work under
this Contract has been charged by a law enforcement authority for any
offense other than a minor traffic offense, the Contractor shall
immediately advise the Investigations and Security Division (ACO-300) or
the FAA Contracting Officer. A traffic offense will be considered minor
when the fine imposed is \$200.00 or less.

**H.4.6 Employee Termination**

[Contractor Personnel]{.underline}

The Contractor shall notify the Contracting Officer immediately whenever
an employee performing work under this Contract terminates employment.
The Contractor will be responsible for returning, or ensuring that the
employee returns, all DOT-issued Contractor/Employee identifications and
all other DOT property.

[Government Personnel]{.underline}

If Government personnel obtain identification cards from the Contractor,
the card should be returned upon completion of an assignment or
departure from the FAA, whichever comes first. The FAA will establish
procedures for controlling Government personnel with access to
Contractor facilities.

**H.4.7 Airport Security Requirements**

The Contractor shall determine and comply with the specific security
requirements at each airport where Contract work is to be performed.
Advance coordination is required with airport security. The Contractor
shall be required to furnish a trained escort as appropriate.

**H.5.0 EXERCISE OF OPTIONS .5.0 EXERCISE OF OPTIONS.5.0 EXERCISE OF
OPTIONS**

The Government may, at any time on or before the times set forth below,
require the Contractor to furnish any or all of Contract Line Items
(CLINS) 0003 through 0006. These options shall be exercised, if at all,
by written notice signed by the Contracting Officer sent within the
times specified as follows:

[ITEMS]{.underline} [DATE]{.underline} (CA = Contract award)

Option I: (CLINS 0003-0004) Within 36 months after CA

Option II:(CLINS 0005-0006) Within 60 months after CA

**H.6.0 SUBCONTRACTING GOALS FOR SMALL BUSINESS **

** AND SMALL DISADVANTAGED BUSINESS (SDB)**

The following FAA minimum subcontracting goals for this Contract are
expressed below as percentages of total planned subcontracting efforts.
The Contractor shall achieve the following minimum goals for Small
Business, Small Disadvantaged Business (SDB), and Women Owned Business
participation within this Contract:

[Small Business Concerns]{.underline}

Overall goal - 45% of total planned subcontracting effort.

[Small Disadvantaged Business Concerns]{.underline}

10% of the overall Small Business goal of 45% of total planned
subcontracting effort.

[Women Owned Business Concerns]{.underline}

4% of the overall Small Business goal of 45% of total planned
subcontracting effort.

These goals shall be allocable over the full life of the Contract,
including the base period of performance and each option period, if
exercised.

**H.7.0 SUBCONTRACTING REPORTS .7.0 SUBCONTRACTING REPORTS.7.0
SUBCONTRACTING REPORTS**

In accordance with FAR 52.219-9, the Contractor shall complete Standard
Form 294 entitled \"Subcontracting Report for Individual Contracts\" in
accordance with the instructions for completion of the form. The report
is due no later than the 25th calendar day of the month following the
close of each calendar quarter and at Contract completion.

The Contractor shall also complete Standard Form 295 entitled \"Summary
Subcontract Report\" in accordance with the instructions for completion
on the form. The report is due by the 25th day of the month following
the close of the reporting period, as follows: (1) quarterly, or (2)
annually for subcontracts covered by an approved company‑wide annual
subcontracting plan for commercial products.

The administration of this clause is delegated to the Procurement
Management Branch, ASU‑130, as addressed in Clause G.10.0 -
\"CORRESPONDENCE PROCEDURES\".

SF‑294\'s are available from the Superintendent of Documents (U.S.
Government Printing Office).

**H.8.0 SUBCONTRACTORS/CONSULTANTS/INTERDIVISIONAL TRANSFERS .8.0
SUBCONTRACTORS/CONSULTANTS/INTERDIVISIONAL TRANSFERS.8.0
SUBCONTRACTORS/CONSULTANTS/INTERDIVISIONAL TRANSFERS**

Before employment of any subcontractor/consultant or interdivisional
transfer under this Contract, the Contractor shall obtain the consent of
the CO or appropriate ACO. The advanced notification to subcontract
shall be submitted, [in writing]{.underline}, to the CO or appropriate
ACO to obtain consent. In requesting such agreements, the Contractor
shall furnish all pertinent information required by the CO or
appropriate ACO, which may include, but not be limited to the following:

a\. Identification of the proposed subcontractor/consultant or
interdivisional transfer and an explanation of why and how the proposed
subcontractor/consultant or interdivisional transfer was selected,
including the competition obtained.

b\. A description of the supplies or services to be obtained.

c\. Identification of the type of subcontract/consultant or
interdivisional transfer agreement to be used.

d\. The proposed subcontract/consultant or interdivisional transfer
price and the Contractor\'s cost or price analysis.

e\. The subcontractor\'s current, complete, and accurate cost or pricing
data and a Certificate of Current Cost or Pricing Data, if required.

f\. The unexecuted subcontract/consultant or interdivisional transfer
document.

g\. Identification of any potential conflicts of interest.

h\. The rate of reimbursement.

i\. Other information as requested by the CO or appropriate ACO.

The CO\'s or appropriate ACO\'s consent to subcontract does not
constitute a determination of the acceptability of the subcontract terms
or price, or the allowability of costs.

The contractor agrees to include the substance of this provision in all
subcontracts awarded under this Contract.

**H.9.0 LIABILITY INSURANCE .9.0 LIABILITY INSURANCE.9.0 LIABILITY
INSURANCE**

The following types of insurance in not less than the amount specified,
must be procured and maintained as set forth in Section I by FAR
52.228-7 \"INSURANCE - LIABILITY TO THIRD PERSONS\" (APR 1984) and FAR
28.307 by the Contractor throughout the life of the Contract.

Each policy of insurance shall be written on the comprehensive form of
policy and shall contain an endorsement that any cancellation or
material change in the coverage adversely affecting the Government\'s
interest shall not be effective unless the insurer or the Contractor
gives written notice of cancellation or change at least thirty (30)
calendar days prior to the effective date thereof. Prior to the
effective date of any such cancellation, the Contractor shall take out
new insurance to cover the policies so canceled.

**TYPE OF INSURANCE** **COVERAGE**

1\. Employer\'s Liability Minimum of \$100,000

2\. Workmen\'s Compensation As required by law.

COVERAGE COVERAGE COVERAGE

PER PER PER

PERSON ACCIDENT ACCIDENT

(Bodily Injury) (Property

Damage)

3\. Comprehensive

General Liability \-\-- \$500,000 \-\--

COVERAGE COVERAGE COVERAGE

PER PER PER

PERSON ACCIDENT ACCIDENT

(BodilyInjury) (Property Damage)

4\. Comprehensive

Auto Liability \$200,000 \$500,000 \$20,000

5\. Aircraft Public

and Private

Liability \$200,000 \$500,000 \$200,000

a\. Evidence of types of insurance obtained shall be provided to the
Contracting Officer within 90 days of Contract award.

b\. To the extent not covered by the above-required insurance, the
Contractor shall provide the specific insurance to the extent required
by each airport where the

Contract work is to be performed. The amount of insurance required may
vary significantly among different airports.

c\. The Contractor shall not commence work at any airport until the
Contractor has obtained all insurance required at that airport and such
insurance has been approved by the Contracting Officer, nor shall the
Contractor allow any subcontractor to commence work on a subcontract at
any airport until all insurance required of the subcontractor has been
so obtained and approved by the Contracting Officer.

**H.10.0 FAR 28.308 SELF-INSURANCE**

When it is anticipated that 50 percent or more of the self-insurance
costs to be incurred at a segment of the Contractor\'s business will be
allocable to negotiated Government contracts, and the self-insurance
costs at the segment for the Contractor\'s fiscal year are expected to
be

\$200,000 or more, the Contractor shall submit, in writing, information
on its proposed self-

insurance program to the Contracting Officer for review and approval of
the program. The submission shall be by segment or segments of the
Contractor\'s business to which the program applies and shall include:

a\. A complete description of the program, including any resolution of
the board of directors authorizing and adopting coverage, including
types of risks, limits of coverage, assignment of safety and loss
control, and legal service responsibilities;

b\. If available, the corporate insurance manual and organization chart
detailing fiscal responsibilities for insurance;

c\. The terms regarding insurance coverage for any Government property;

d\. The Contractor\'s latest financial statement;

e\. Any self-insurance feasibility studies or insurance market surveys
reporting comparative alternatives;

f\. Loss history, premiums history, and industry ratios;

g\. A form variations between losses paid and losses reserved;

h\. Claims administration policy, practices, and procedures;

i\. The method of calculating the projected average loss; and

j\. A disclosure of all captive insurance company and reinsurance
agreements, including methods of computing cost.

Programs of self‑insurance covering a Contractor\'s insurable risks,
including the deductible portion of purchased insurance, may be approved
by the Contracting Officer when examination of a program indicates that
its application is in the Government\'s interest. A program of
self‑insurance for worker\'s compensation in a jurisdiction where
compensation does not completely cover the employer\'s liability to
employees will not be approved unless the Contractor:

a\. Maintains an approved program of self‑insurance for any employer\'s
liability not so covered; or

b\. Shows that the combined cost to the Government of self-­insurance for
workers\' compensation and commercial insurance for employer\'s
liability will not exceed the cost of covering both kinds of risk by
commercial insurance.

After approval of such a program, the Contractor must submit any
subsequent changes to the program, to the Contracting Officer for
review. Any program approval may be withdrawn if the Contracting Officer
finds that either: (1) any part of a program does not comply with the
requirements of FAR Sections 28.308, and 31.205‑19; or (2) conditions or
situations existing at the time of approval, that were a basis for
original approval of the program, have changed to the extent that a
program change is necessary.

To qualify for a self‑insurance program, a Contractor must demonstrate
ability to sustain the potential losses involved. In making the
determination, the Contracting Officer shall consider the following
factors:

a\. The soundness of the Contractor\'s financial condition, including
available lines of credit.

b\. The geographic dispersion of assets, so that the potential of a
single loss depleting all the assets is unlikely.

c\. The history of previous losses, including frequency of occurrence
and the financial impact of each loss.

d\. The type and magnitude of risk, such as a minor coverage for the
deductible portion of purchased insurance or major coverage for
hazardous risks.

e\. The Contractor\'s compliance with Federal and State laws and
regulations.

A self‑insurance program to protect a Contractor against the costs of
correcting its own defects in materials or workmanship shall not be
approved. For these purposes, normal rework estimates and warranty costs
will not be considered self‑insurance.

** SUBCONTRACTING PROCEDURESH.11.0 SUBCONTRACTING PROCEDURESH.11.0
SUBCONTRACTING PROCEDURESH.11.0 SUBCONTRACTING PROCEDURES**

**H.11.0 SUBCONTRACTING PROCEDURES**

The Contractor shall submit its recommended acquisition procedures for
selecting subcontractors and suppliers for equipment and materials,
construction, and administrative purchases, to the Contracting Officer
for approval. The procurement procedure shall be consistent with the
General Provisions of this Contract, particularly, FAR 52.244-5,
\"COMPETITION IN SUBCONTRACTING\" and FAR 52.215-24, \"SUBCONTRACTOR
COST OR PRICING DATA.\" The procedures shall contain subcontract formats
for fixed-price type subcontracts including appropriate general
provisions with respect to each type of subcontract. The procedures
shall as a minimum, include the following: (a) Formulation of
Procurement Policy and Procedures; (b) Preaward Procurement Procedures;
(c) Contract Administrative Procedures; (d) Administrative Support
Procedures; and (e) FAA Notifications, Concurrences, and Consent.

**H.12.0 BONDING REQUIREMENTS**

The Contractor shall obtain performance and payment bonds, as required
by the Miller Act, to cover all Davis-Bacon Act Work performed under
this Contract. Davis-Bacon Act Work is defined under Section C.3.6.7 of
this Contract. The penal amount for both the performance and payment
bonds shall be as follows:

CONTRACT PERIOD OF

PERFORMANCE PAYMENT PERFORMANCE

Base Period of Performance \$2.5M \$140M

Option I \$2.5M \$175M\*

Option II \$2.5M \$169M\*

\*Rounded

Additionally, prior to the commencement of work, the Contractor shall
satisfy the specific bonding requirements determined by particular work
sites identified in Work Releases issued

under this Contract. Each bond shall include the date on which it is
effective and the date on

which it will expire. Acceptable bonding sureties for the purpose of
providing performance and payment bonds under this Contract shall appear
on the list contained in the Department of Treasury Circular 570,
\"Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds and Acceptable Reinsuring Companies.\"

Acceptable bonds shall be submitted to the Contracting Officer within 30
days after Contract award, or the exercise of an option period as
appropriate, and shall cover the appropriate period of performance.
Other than premiums, the FAA shall not be liable for reimbursement of
any other costs the Contractor must pay to the chosen bonding
suret(y)ies.

**H.13.0 TRAVEL AND SUBSISTENCE REIMBURSEMENT .13.0 TRAVEL AND
SUBSISTENCE REIMBURSEMENT.13.0 TRAVEL AND SUBSISTENCE REIMBURSEMENT**

Actual travel and subsistence reimbursement shall be non-fee bearing and
shall be reimbursed in accordance with FAR 31.205-46.

**H.14.0 TRAINING.14.0 TRAINING.14.0 TRAINING**

Training costs which cannot be directly identified with a single, final
cost objective, but are identified with two or more final cost
objectives or an intermediate cost objective shall not be billed as
direct costs under this Contract. Examples of training which would fall
within this

category are training to keep the Contractor\'s employees abreast of
advances in the state-of-the-art, or training for Contractor\'s
employees on equipment, computer languages, or computer operating
systems that are available on the commercial market.

Training costs which can be identified specifically with a particular
final cost objective under this Contract may be billed as direct costs.
Examples of training costs which would fall within this category are
training required on new or existing CIP equipment being installed or
relocated and is peculiar to a specific manufacturer. Training of this
nature must either be obtained by FAA instruction or be included in a
national or regional Work Release. All training must be approved prior
to the expenditure of funds and the reimbursement of training costs must
be allowable under FAR 31.205-44.

**H.15.0 CONTRACTOR USE OF GOVERNMENT DISCOUNT AIR PASSENGER
TRANSPORTATION RATES .15.0 CONTRACTOR USE OF GOVERNMENT DISCOUNT AIR
PASSENGER TRANSPORTATION RATES.15.0 CONTRACTOR USE OF GOVERNMENT
DISCOUNT AIR PASSENGER TRANSPORTATION RATES**

To the maximum extent practicable consistent with travel requirements,
the Contractor agrees to use the reduced air transportation rates and
services provided through available Government discount air fares for
bona fide employee travel that is otherwise reimbursable as a direct
cost pursuant to this Contract when use of such rate results in the
lowest overall cost.

Upon receipt of a list of eligible Contractor employees, the Contracting
Officer shall provide the Contractor with an agency letter of
identification for presentation to participating GSA airlines.

GSA Bulletin FPMR A‑90 identifies contract airlines which permit
employees or cost‑reimbursable Government contractors to use GSA
contract discount fares. The Federal Travel Directory, which GSA
publishes monthly, identifies current contract airlines, flight
schedules, and contract fares.

**H.16.0 RELOCATION COSTS**

Relocation costs shall not be allowable as direct costs on this Contract
unless advance, written approval is granted by the Contracting Officer.

Relocation costs shall be in accordance with the Contractor\'s
established policy or practice.

The Contractor shall submit its Corporate-approved travel policy to the
Contracting Officer in sufficient detail so as to identify the types of
expenses (and limitations thereon) which the Contractor expects to
recover as direct costs on this Contract.

Actual relocation costs shall also be non-fee bearing and must be
allowable in accordance with FAR 31.205-35.

**H.17.0 INDEPENDENT RESEARCH AND DEVELOPMENT, BID **

** AND PROPOSAL COSTS**

The Contractor shall comply with the requirements set forth in FAR
30.420-40 and 31.205-18, if applicable.

The Contractor shall provide, on a yearly basis, a copy of the corporate
or business segment IR&D/B&P report that highlights the funds spent on
IR&D which may provide a benefit to the FAA. The report may include
references to air traffic, security, surveillance, road/runway surfacing
or traffic control projects. The reports shall indicate that it contains
[proprietary and confidential information]{.underline}.

The Contractor shall provide the FAA with all updates to its Disclosure
Statement on the corporate practices for charging IR&D and B&P.

The Contractor shall [segregate, as a line item under G&A, the IR&D and
B&P costs invoiced to this Contract]{.underline}. Except for direct
costs related to the preparation of the Work Releases and changes
[within]{.underline} the scope of the Contract, which shall be charged
under specific CLINS, all IR&D and B&P will be charged as indirect costs
over the life of the Contract.

An invoice submitted under this Contract will not be considered a proper
invoice for Prompt Payment purposes unless the Contractor complies with
the requirements of this provision if IR&D and B&P costs are being
charged.

**18.0 FIXED FEE.18.0 FIXED FEE.18.0 FIXED FEE**

The fixed fee shall be determined prior to Contract award based on Full
Performance of the Level-of-Effort (FP/LOE) set forth in Section B for
the Base Period, and each of the two (2) two-year option periods. Fixed
fee shall be paid on a pro rata basis based upon the formula prescribed
within this Section.

Subject to the withholding provisions of FAR Clause 52.216-8, \"FIXED
FEE,\" shall be allocated and payable [provisionally]{.underline} only
on individual Work Releases in the same ratio-to-fee-to-total estimated
cost as was established in the Contract. The actual
[earning]{.underline} of fee, however, is predicated upon the Contractor
providing the staff-hours of effort as set forth in Section B of this
Contract.

In the performance of Work Releases issued pursuant to Provision H.3.0 -
\"WORK RELEASE PROCEDURES,\" the Contractor shall be prepared to provide
the estimated total Full Performance Level-of-Effort which is specified
in Section B.3.0 - \"LEVEL-OF-EFFORT REQUIRED\" and Provision H.23.0 -
\"FULL PERFORMANCE\" for the Base period of performance and all option
periods. Full performance level-of-effort is defined as actual direct
labor hours expended by either the prime contractor or subcontractors
exclusive of those direct labor hours resulting from Type IV Changes,
exclusive of any subcontracted Davis-Bacon Act work, and exclusive of
any vacation, holiday, or sick leave, or any other absences.

Each Work Release shall provide the total estimated direct labor hours
(for both the Contractor and his subcontractors) based on a 40 hour week
(exclusive of subcontracted Davis-Bacon Act work, overtime, vacation,
holiday, sick leave, and other absences). Labor categories shall reflect
those set forth in Section J, Attachment J.013 - \"LIST OF APPLICABLE
LABOR CATEGORIES\".

The fixed fee of this Contract is based upon furnishing the specified
level-of-effort at the full performance level for each of the three
above-mentioned performance periods (i.e., Base period, Option I, and
Option II.)

If the sum total of the level-of-effort provided by the Contractor is no
less than 90% or no more than 110% of the specified full
performance/level-of-effort for the particular performance period, then
the negotiated fixed fee of this Contract shall not be adjusted.

If, during any Contract Period, the Contractor does not provide an
amount of hours which equals or exceeds the amount of full performance
level-of-effort hours specified for that Contract Period, the
Contractor\'s fixed fee, specified in Section B.2 for that Contract
Period, shall be reduced on a pro‑rata basis. The new fixed fee, after
such reduction, shall bear the same mathematical relationship to the
former fixed fee as the amount of hours provided by the Contractor bears
to the amount of the full performance level-of-effort specified for the
Contract Period. The following formula will be utilized to determine the
adjusted fee under this scenario:

(LOE actually provided / 100% specified Full Performance LOE) x
specified fixed fee = ADJUSTED FIXED FEE

The Contractor is not authorized to exceed 110% of the specified Full
Performance/Level-of-Effort unless a Contract modification is issued by
the Contracting Officer. In accordance with FAR 52.232.22 \"LIMITATION
OF FUNDS\" (APR 1984), the Contractor shall notify the Contracting
Officer, or appropriate ACO, in writing, with a copy to the TO or
appropriate ATO, whenever it has reason to believe that the costs it
expects to incur under a Work Release, in the next 30 days, when added
to all costs previously incurred, will exceed 75% of the total amount
allotted to the Work Release. The Contractor shall also provide the
estimated cost to complete the Work Release.

The estimated direct labor hours for the Work Release(s) are the basis
for determining the Work Release fee. In the event the Contractor
exceeds the hours agreed to in the Work Release, such hours shall be
considered non-fee bearing and shall not be included in the sum total of
the full performance level-of-effort as defined above.

(Work Release Estimated Hours / 100% specified Full Performance LOE) x
specified fixed fee = WORK RELEASE FEE.

Work Release Fee is payable only upon actual expenditure of effort,
based on the following formula:

(Work Release LOE actually provided / Work Release Estimated Hours) x
Work Release Fee = PAYABLE WORK RELEASE FEE

The full negotiated Fixed fee specified in Section B will not be payable
until an audit of actual expenditure of hours is undertaken to verify
that 90% of actual Full Performance LOE was expended for the negotiated
period of performance. Per FAR 52.216-8, \"FIXED FEE\" (APR 1984) after
85% of Fee per Work Release is paid, a reserve of Fixed fee is set aside
pending final audit. This reserve shall not exceed 15 percent of the
total fixed fee or \$100,000, whichever is less, and shall apply only to
National Work Releases.

THIS PROVISION APPLIES TO THE PAYMENT OF FIXED FEE AS IT RELATES TO THE
LEVEL-OF-EFFORT, AS EXPRESSED IN HOURS, INCURRED IN THE PERFORMANCE OF
THIS CONTRACT. IN ACCORDANCE WITH THE \"LIMITATION OF FUNDS\" OR
\"LIMITATION OF COST\" CLAUSES OF THIS CONTRACT, IN NO EVENT SHALL THE

CONTRACTOR EXCEED THE FUNDED AMOUNT OF THE CONTRACT/OR INDIVIDUAL WORK
RELEASE ISSUED HEREUNDER WITHOUT THE WRITTEN AUTHORIZATION OF THE
CONTRACTING OFFICER/ADMINISTRATIVE CONTRACTING OFFICER.

**19.0 USE AND APPROVAL OF OVERTIME.19.0 USE AND APPROVAL OF
OVERTIME.19.0 USE AND APPROVAL OF OVERTIME**

\"Overtime\" means time worked by a Contractor\'s employee in excess of
the employee\'s normal workweek.

\"Overtime premium\" means the difference between the Contractor\'s
regular rate of pay to an employee for the shift involved and the higher
rate paid for overtime. It does not include shift premium.

\"Shift premium\" means the difference between the Contractor\'s regular
rate of pay to an employee and the higher rate paid for extra‑pay‑shift
work.

In the execution of effort under this Contract, the Government
contemplates that the payment of overtime premiums may be necessary to
non‑exempt Service Contract Act employees. To this end, Clause I‑6.0,
FAR 52.222‑2 \"PAYMENT FOR OVERTIME PREMIUMS\" has been incorporated
into this Contract establishing the conditions under which payment of
overtime premiums may be considered. The clause also establishes the
ceiling for overtime premiums for the base period of performance under
this Contract.

To the extent practicable, the Contractor shall perform effort on this
Contract without using overtime, particularly as a regular employment
practice, except when lower overall costs to the Government will result
or when it is necessary to meet urgent program needs. Notwithstanding
the provisions of FAR 52.222‑2, in cases where overtime is necessary and
its use can be substantiated, the Contractor must obtain prior
authorization on a properly executed Work Release before any costs may
be incurred for overtime premiums. In order to be considered as an
appropriate candidate for the payment of overtime premiums, the work
must conform to the requirements of FAR 52.222‑2(a).

The overtime premium ceiling established for the base period of
performance may be changed to \$1.3M for Option Period I and \$1.2M for
Option Period II provided: 1) overtime is required by the FAA and, 2) if
the option periods to which the overtime premium ceilings apply are
exercised.

**20.0 PRIME CONTRACTOR FEE FOR DAVIS-BACON ACT EFFORT.20.0 PRIME
CONTRACTOR FEE FOR DAVIS-BACON ACT EFFORT.20.0 PRIME CONTRACTOR FEE FOR
DAVIS-BACON ACT EFFORT**

The prime contractor\'s fee on Davis-Bacon (D/B) Act effort shall be
determined prior to Contract award based on the Government estimate of
D/B Act effort as set forth in Section B for the Base Period and each of
the two (2) two-year option periods. Prime Contractor fee for D/B Act
effort shall be paid on a pro-rata basis based upon the formula
prescribed within this Section.

In the performance of Work Releases issued pursuant to Provision H.3.0 -
\"WORK RELEASE PROCEDURES,\" the Contractor, along with subcontractors
shall be prepared to provide the total Government estimated amount of
D/B Act effort specified in Section B.2.0 - \"ESTIMATED COST AND FIXED
FEE\" for the base period of performance under CLIN 0001C and

Options I & II under CLINS 0003C and 0005C, respectively.

If the sum total of the amount of D/B Act effort actually required by
the Government is no less than 90% of the Government estimated effort
for the particular performance period, then the established fee for D/B
Act effort shall not be adjusted.

If during any period of performance, the Contractor is required by the
Government to provide less than 90% of the amount of D/B Act effort
specified for that performance period, the Prime Contractor\'s proposed
fee for D/B Act effort, specified in Section B.2.0 for that contract
performance period, shall be reduced on a pro‑rata basis. The new fee
amount, after such reduction, shall bear the same mathematical
relationship to the Contractor\'s proposed fee amount; as the amount of
D/B Act effort actually requested by the Government bears to the
Government

estimated amount of D/B Act effort for that contract performance period.
The following formula will be utilized to determine the adjusted fee
under this scenario:

(D/B Act effort actually requested / 100% Govt. estimated D/B Act
effort) x Contractor proposed fee = ADJUSTED FEE)

**21.0 ACCUMULATION OF HOURS AND DAVIS-BACON ACT WORK.21.0 ACCUMULATION
OF HOURS AND DAVIS-BACON ACT WORK.21.0 ACCUMULATION OF HOURS AND
DAVIS-BACON ACT WORK**

If the Full Performance LOE hours specified under each performance
period in Section B.3.0 - \"LEVEL-OF-EFFORT REQUIRED,\" are not ordered
by the Contracting Officer during the applicable performance period, the
Contractor shall make those hours available to the Government, as may be
ordered, during any succeeding performance period(s). Adjustment to cost
or fee for the succeeding period will be based upon rates in effect at
the start of the succeeding period.

Additionally, if the full amount of Davis-Bacon Act efforts projected
for each performance period, as delineated in Section B, CLINS 0001C and
0003C, are not used within that performance period, the unused portion
of Davis-Bacon Act efforts remaining shall be carried forward to a
subsequent performance period. Any such remaining effort shall be made
available by the Contractor to be ordered by the Government, provided
the option provision that invokes the subsequent performance period has
been exercised and adequate funding is available.

** 22.0 CHANGES IN SKILL MIX AND PLACES OF PERFORMANCE.22.0 CHANGES IN
SKILL MIX AND PLACES OF PERFORMANCE.22.0 CHANGES IN SKILL MIX AND PLACES
OF PERFORMANCE**

It is understood that the mix of labor classifications provided by the
Contractor under the Contract, as well as the distribution of the effort
among these classifications, may vary considerably from the initial mix
and distribution of effort which was estimated by the Government or
proposed by the Contractor. Such variances in the mix of skills actually
utilized and in the distribution of effort among labor classifications,
or in places of performance (i.e., the regional distribution of the
effort), shall not be cause for any adjustment in the fixed fee of this
Contract or for any adjustment of estimated staff hours specified for
any Contract performance period in Section B.

**23.0 FULL PERFORMANCE.23.0 FULL PERFORMANCE.23.0 FULL PERFORMANCE**

During the Contract performance period, the Contractor is obligated to
have available the specified labor categories as provided in Section J,
Attachment J.013 - \"LIST OF APPLICABLE LABOR CATEGORIES\".

In the performance of Work Releases issued pursuant to the ordering
procedures of this Contract, the Contractor may provide up to the total
estimated direct labor hours as reflected in Section B.3.0 -
\"LEVEL-OF-EFFORT REQUIRED\" specified in the Base performance period,
and Option I and Option II performance periods, if exercised. The labor
hours and estimated costs associated therein exclude subcontracted
Davis-Bacon Act efforts, as well as hours associated with vacation,
holiday, sick leave, and other absences.

Nothing in this clause shall be constructed to constitute authorization
for work not in accordance with FAR 52.232-20 \"Limitation of Cost;\"
FAR 52.232-22 \"Limitation of Funds;\" or FAR 52.243-7 \"Notification of
Changes.\"

**24.0 LABOR CATEGORIES.24.0 LABOR CATEGORIES.24.0 LABOR CATEGORIES**

The Contractor [IS NOT]{.underline} authorized to use any other labor
categories in the performance of this Contract other than those
specified in Section J, Attachment J.013, \"LIST OF APPLICABLE LABOR
CATEGORIES,\" unless a contract modification is issued by the
Contracting Officer.

All individuals selected by the Contractor to staff this Contract must
meet or exceed government skill level, education, and experience
requirements for each government labor category as specified in Section
J, Attachment J.013. Waivers for individual non-key personnel who fail
to meet the minimum requirements must be submitted to the ACO (for
regional Work Releases) or CO (for national Work Releases), and must be
approved by the ACO/ATO or CO/TO prior to employment of these
individuals on any Work Release.

The contractor agrees to include the substance of this provision in all
subcontracts awarded under this Contract.

If the performance of Work Releases placed under this Contract requires
labor from a labor category that is not listed in this clause, the
Contractor shall request approval from the Contracting Officer to add an
additional category.

All such requests must be submitted to the Contracting Officer in
writing, and must include the title of the proposed new labor category,
the proposed hourly labor rate, a detailed breakdown of the proposed
rate, a detailed description of the position proposed and the rationale
for adding this new labor category. The Contractor [SHALL
NOT]{.underline} use labor from any proposed new labor categories unless
the Contracting Officer approves such action in writing.

**H.25.0 DAVIS-BACON ACT WORK**

The Contractor is required to accomplish all Davis-Bacon Act work
utilizing competitively awarded firm-fixed-price subcontracts, except
that contracts with a single source may be awarded when it is determined
to be in the best interest of the FAA and the rational basis is
documented.

The Contractor may perform Davis-Bacon Act work with its own employees:

a\. When the cost of such work to the Government is not in excess of
\$25,000 per individual project; however, the Contractor shall be
permitted to perform any portion of such work at a site, even though the
aggregate cost of all such work performed by the Contractor and others
at a project site may exceed \$25,000 in total, so long as the
Contractor\'s portion does not exceed \$25,000 per site within a FWR;
and

b\. When the Contractor has demonstrated to the Government that it is
more cost effective than awarding a firm-fixed-price subcontract; and,

c\. When permission to use the Contractor\'s employees to perform
Davis-Bacon Act work is authorized in the Final Work Release.

The Contractor shall not award a subcontract for a Davis-Bacon Act
effort to any of its affiliates, subsidiaries, divisions, stockholders,
or partners. This prohibition shall also apply to a company or companies
with which the Contractor may form a team arrangement. A teaming
arrangement shall be defined as: a) two or more companies that form a
partnership or joint venture to act as a potential prime contractor; or
b) a potential prime contractor agrees with one or more other companies
to have them act as its subcontractors under a specific Government
contract or acquisition program.

**H.26.0 KEY PERSONNEL AND FACILITIES. TAR 1252.215‑71 (APR 1984) .26.0
KEY PERSONNEL AND FACILITIES. TAR 1252.215‑71 (APR 1984).26.0 KEY
PERSONNEL AND FACILITIES. TAR 1252.215‑71 (APR 1984)**

** (APR 1984)**

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 at least 30 calendar days in
advance 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. As additional key
personnel may be specified in subsequent Work Releases, the personnel
and/or facilities specified below may, with consent of the contracting
parties, be amended from time to time during the course of this Contract
to either add or delete personnel and/or facilities, as appropriate.

Prior to diverting from or replacing the following key personnel with
successor personnel, the Contractor shall notify the Contracting Officer
at least thirty (30) calendar days in advance of such actions. The
Contractor shall also provide a resume, salary/hourly rate, and
information relative to any competitive process of selection. The
substitute(s) will be evaluated against the requirements of the Contract
prior to acceptance of the replacement. In the event that replacement of
key personnel is caused by circumstances beyond the control of the
Contractor, (i.e. death, retirement, termination of employment, etc.),
the Contractor is still responsible for proposing a substitute within a
reasonable time period.

The Contractor agrees to use his best efforts to effect an orderly,
timely, and efficient transition of work to facilitate uninterrupted
support of services. The Contractor\'s ability to recruit and maintain
competent personnel will be evaluated in determining the adequacy of
performance of this Contract.

The following are designated as key personnel:

TSSC-II National Contract Administrator:

National Program Manager:

Regional Program Managers:

ANM

AWP

AAL

AGL

ACE

ASW

ANE

AEA

ACT

ASO

AMC

There are no designated key facilities.

**H.27.0 ACCESS TO GOVERNMENT PROPERTY .27.0 ACCESS TO GOVERNMENT
PROPERTY.27.0 ACCESS TO GOVERNMENT PROPERTY**

As part of the effort required under this Contract, the Contractor shall
be attending meetings at the Federal Aviation Administration
Headquarters Building, Washington, DC and field facilities. Contractor
personnel shall be granted ingress and egress to such facilities at all
times during normal work hours to obtain information necessary for
performance of the Contract.

While Contractor personnel are at the Government site, they are required
to comply with all rules and regulations in effect at that site.
Contractor personnel shall comply with rules and regulations governing
employee conduct with respect to health and safety, not only as they
relate to themselves, but also to other Government employees or agents
of the Government. The Contractor shall also exercise proper care of all
property at the Government site regardless of whether title to such
vests with the Government or not.

The facilities to which Contractor personnel shall have access will
remain in the Government\'s custody and shall not be considered as
property or facilities furnished to the Contractor.

The Government facilities to which Contractor personnel shall have
access under this Contract shall be made available during the entire
Contract performance period. In the event such facilities are not made
available as scheduled, the Contracting Officer shall, upon timely
receipt of written request from the Contractor, make a determination of
the delay, if any, caused by the unavailability and make an equitable
adjustment to the delivery schedule and costs (exclusive of fee)
pursuant to the changes clause.

**28.0 GOVERNMENT-FURNISHED PROPERTY.28.0 GOVERNMENT-FURNISHED
PROPERTY.28.0 GOVERNMENT-FURNISHED PROPERTY**

Government‑furnished property (GFP), if any, will be described in
individual Work Releases and delivered in \"as‑is\" condition in
accordance with the delivery date identified in the Work Release.

**H.29.0 GOVERNMENT PROPERTY REPORTS. TAR 1252.245-70 (AUG 1988) .29.0
GOVERNMENT PROPERTY REPORTS. TAR 1252.245-70 (AUG 1988).29.0 GOVERNMENT
PROPERTY REPORTS. TAR 1252.245-70 (AUG 1988)**

\(a\) The Contractor shall prepare a report as of July 31st of each
year, listing all Government property (under the purview of this
Contract) in its possession and in the possession of all subcontractors
during the previous 12 months. The report

shall be prepared in the format outlined in Transportation Acquisition
Regulation (TAR) 1245.505‑14(b)(2). The Contractor shall submit the
report to the Contracting Officer, no later than September 15th of each
year.

\(b\) The report shall include the following types of property:

\(1\) Capitalized Equipment, as defined in TAR 1245.

\(2\) Real property, as defined in FAR 45.101

\(3\) Materiel maintained in stock, when the value

is \$50,000 or more.

\(c\) The report may include property from the following categories when
so stipulated by the Contracting Officer in solicitations and contracts:

\(1\) Noncapitalized equipment, as defined at TAR 1245.

\(2\) Material maintained in stock, when its value is less than
\$50,000.

**H.30.0 MATERIEL MANAGEMENT.30.0 MATERIEL MANAGEMENT.30.0 MATERIEL
MANAGEMENT**

1\. The Contractor shall be accountable for all Government property
which was either provided to the Contractor or its subcontractor as
Government Furnished Equipment/Government Furnished Property (GFE/GFP)
or contract acquired property (CAP).

2\. The Contractor shall be responsible for interfacing with Government
Property Administrators on both the national and regional levels. The
National Property Manager will be located in FAA HQ and will manage the
property from a national prospective. The CO will designate a Property
Administrator in each region to administer the Contract requirements and
obligations relating to authorized, accountable GFP or CAP.

3\. The Contractor shall develop and maintain a property control system
that will adequately control, preserve, protect, and maintain all
Government property. The Contractor shall:

a\. Submit the property control system plan to the National Property
Administrator for review and approval within 60 calendar days after
Contract award. The Contractor shall correct any deficiencies identified
in the system by the Government within 30 days after notification of the
deficiencies.

b\. Designate a property management point of contact for both the
national and regional levels.

c\. Report acquisitions of accountable personal property to the
appropriate Property Administrator.

d\. Maintain the required personal property records.

e\. Report, within ten (10) working days all losses, damage, or
destruction of property to the Property Administrator.

f\. Certify that personal property in excess of the needs of the
Contract has been decontaminated from any hazardous material exposure
(i.e., chemical, biological, and radioactivity).

g\. Submit an annual inventory of property to the Contracting Officer
and National Property Administrator in accordance with item 13 of this
provision.

h\. Submit a final inventory of all accountable personal property,
properly certified by an authorized representative of the Contractor, to
the appropriate Property Administrator upon completion or termination of
the Contract/Work Release.

4\. The Government has the right to inspect and perform compliance
reviews of the Contractor\'s property control systems, accountability
criteria, records, and reporting requirements to monitor and control
property with contractors.

5\. Each TSSC-II Work Release in which accountable property (see
paragraph 6, below) will be acquired or furnished MUST specifically
authorize the property to be acquired/furnished by category. The
authorization is to include an explanation as to why the property is
needed for that specific project.

6\. Accountable property classifications are shown below:

a\. Accountable items regardless of price: firearms.

b\. Accountable items with a value above \$100:

\(1\) Adding machines/calculators

\(2\) Airway Facilities test equipment (portable or rack mounted)

\(3\) Audio visual equipment

\(4\) ADP equipment

\(5\) Binoculars

\(6\) Laboratory and medical equipment

\(7\) Maintenance, repair shop equipment, and electrical hand tools

\(8\) Office machines (including FAX machines)

\(9\) Photographic equipment

\(10\) Portable communications or telecommunication equipment

\(11\) Recording equipment

\(12\) Telephones, portable or cellular

\(13\) Typewriters

\(14\) Leased, borrowed, or loaned

c\. Accountable items with a value above \$500:

\(1\) Appliances

\(2\) Athletic equipment

\(3\) Avionics equipment

\(4\) Commissary Equipment

\(5\) Emergency readiness equipment

\(6\) Fire, rescue, and safety equipment

\(7\) Food serving and preparation equipment

\(8\) Landscaping/lawn equipment

\(9\) Metal-working machinery

\(10\) Ship and marine equipment

\(11\) Tractors

\(12\) Training equipment

\(13\) Vehicles, special purpose

All items over \$1,000 are accountable.

7\. Title to all material furnished by the Government shall remain with
the Government. When material is purchased by the Contractor, the cost
of which is reimbursed as a direct item cost under the Contract, title
passes to and vests in the Government on delivery of such material by
the vendor. However, the Contractor shall ensure that all CAP is
acceptable for its intended use before title passes to the Government.

8\. Following the provisions of FAR 45.505, the Contractor shall
maintain the official property records for both GFP and CAP. Having
acquired GFP/CAP under the Contract, the Contractor shall maintain the
following information on each item:

a\. Accountable Property

\(1\) Item description

\(2\) Manufacturer\'s name

\(3\) Manufacturer\'s model number

\(4\) Manufacturer\'s serial number

\(5\) FAA bar code number

\(6\) Acquisition cost

\(7\) Acquisition date

\(8\) Current location

\(9\) Whether GFP or CAP

\(10\) Manufacturer\'s Warranty

b\. Leased Property (over 90 days)

\(1\) Item description

\(2\) Manufacturer\'s name

\(3\) Manufacturer\'s model number

\(4\) Manufacturer\'s serial number

\(5\) Commencement of lease

\(6\) Expiration of lease

\(7\) Monthly cost of lease

\(8\) Credits accrued

\(9\) Buy out price

\(10\) FAA bar code number

9\. Each purchase of accountable property shall be documented on TSSC-II
vouchers. Attached to such vouchers shall be an inventory delineating
each item acquired, as shown in paragraph 8, above.

10\. For GFP/CAP to be installed and incorporated within a facility, the
Contractor shall use FAA Form 4650-12, Material
Requisition/Issue/Receipt to return accountability for the GFP/CAP to
the FAA. For GFP, the FAA Form 4650-12 which originally provided the
property to the Contract shall be attached to the return document.

11\. For uninstalled GFP/CAP, either at the completion or termination of
the WR or when the property becomes excess to the needs of the WR, the
Contractor shall report the property regardless of value, to the
appropriate Property Administrator.

a\. Upon the recommendation of the TO/ATO and with the authorization of
the Contracting Officer, the property will be transferred as needed
first to another Work Release within the region and then to a WR in
another region.

b\. Property no longer required under the Contract is to be reported to
the appropriate Property Administrator to begin disposition procedures
in accordance with Agency procedures.

12\. A Report of Survey, FAA Form 4630-8, shall be submitted by the
Contractor to the Contracting Officer (for forwarding to the Property
Administrator) of all cases of missing, stolen, or damaged accountable
Government property when the facts become known. This includes property
under the control of a subcontractor (FAR 45.504). The Contracting
Officer and Property Administrator shall review the Report of Survey to
determine the Contractor\'s liability (see FAA Order 4650.3C, Survey of
Lost, Damaged, or Destroyed Government Personal Property). The report
shall include the following information:

a\. The Contractor\'s name and the number.

b\. Description of items missing, stolen, damaged, or unreasonably
consumed to include where appropriate, the FAA bar code number,
manufacturer\'s name, model, and serial numbers, last known condition,
acquisition date, and cost. Cost of repairs in instances of damaged
items. Date, time, and cause of origin of the loss, damage, destruction,
or consumption. Insurance, if any, covering the Government property and
whether a replacement item was purchased.

c\. Actions taken by the Contractor to prevent further loss, damage,
destruction, or unreasonable consumption and to prevent recurrence of
similar incidents; and other facts or circumstances relevant to the

determination of liability and responsibility for repair or replacement.
Copies of the law enforcement agency reports providing circumstances
surrounding the incident shall also be submitted, if any.

13\. An annual report shall be prepared by the Contractor and submitted
to the CO and National Property Administrator documenting receipt of
accountable property obtained through purchase or lease and acquired
under this Contract. SF 1429, Inventory Schedule B, is to be used for
this report. The information reported shall include the following:

a\. Contract/WR number

b\. Item description

c\. Manufacturer\'s name

d\. Manufacturer\'s model number

e\. Manufacturer\'s serial number

f\. Acquisition cost

g\. Acquisition date

h\. FAA bar code numbers

i\. License agreement number (software)

14\. At the end of the WR/Contract, a final report will be submitted to
the appropriate Property Administrator. The format for the report will
be the same as for the annual report, but marked \"Final Inventory
Report.\"

15\. Copies of FAA Form 4650-12, FAA Form 4630-8, Standard Form 1428,
and

Standard Form 1429 are contained in Section J, Attachment J.010.

**H.31.0 AUTHORITY FOR GSA PURCHASES**

The Contractor shall have authority to order from GSA schedules, as long
as an approved purchasing system is established, and a letter of
authorization is provided by the Contracting Officer. This authorization
will be reviewed on a yearly basis.

**H.32.0 PURCHASES OF ADP EQUIPMENT (OATS CONTRACT)**

The FAA may require the Contractor to purchase ADP equipment under this
Contract that is compatible with the equipment specified in the Office
Automation Technology Systems (OATS) contract. Any ADP requirements will
be included in each individual Work Release. Should the OATS compatible
equipment not meet the requirements stated in the WR, a waiver may be
requested. The request for waiver shall be prepared by the requiring
activity and will be submitted to the Office of Information Technology
(AIT) through the TO/ATO, and shall state the rational for using the
non-compatible proposed equipment.

**H.33.0 LIAISON AGREEMENTS**

The Contractor shall enter into liaison agreements (LA) with other
contractors identified in this clause to permit the exchange of data
which will facilitate implementation and integration of the FAA CIP
projects. The Contractor shall formulate the LA based upon the
requirements of this clause.

These LAs are not subcontracts. The Contractor shall incorporate
conditions in its subcontracts to permit the Contractor to exchange
subcontractor-­provided data under the LAs.

[Liaison Agreement Conditions]{.underline}

a\. [Period.]{.underline} The Contractor shall enter into LAs within 60
days after the effective date of this Contract, or the effective date of
the Contract of any other party to the LA, whichever is later. The
Contractor shall provide a copy of all signed agreements, including
amendments, to the Contracting Officer and Technical Officer for
information purposes.

b\. [Data to be Exchanged.]{.underline} The Contractor shall exchange
primarily two types of data consisting of: 1) data required to maintain
the Program Management System (PMS) tools; and 2) other relevant data.
These are categorized as either Type 1 or Type 2, and are defined below:

1\. [Type I Data:]{.underline} The data required to maintain the (PMS)
tools is designated as Type 1.

The PMS includes an interrelated computerized tool set which facilitates
information management. The products of these tools are used as
management aids for CIP projects, as well as overall program management.
It contains National Air Space (NAS) status information which is not of
a business‑sensitive nature. [The Contractor shall exchange Type 1 data
without further intervention by the Government.]{.underline} Type 1
includes, but is not limited to, data to support the following PMS
tools:

0 Materiel Data Forecast Module (MDFM)

0 Master Schedule System (MSS)

0 Regional Project Management System (RPMS)

(Headquarters Data Only)

PMS tools are further defined in Section H.37.0 \"PROGRAM MANAGEMENT
SYSTEM (PMS) TOOLS.\"

The Contractor shall update its Type 1 data monthly or as otherwise
required by the FAA Contracting Officer.

2\. [Type 2 Data:]{.underline} This category includes, but is not
limited to, design data, technical and management information, analyses,
interface control data/drawings, test procedures, reports, Engineering
Change Proposals (ECPs) and all other contractor‑developed or contractor
­acquired data, which is not Type 1, and has been generated as a result
of activity under this Contract. [The Contractor shall obtain prior
written consent of the FAA Contracting Officer prior to exchanging Type
2 data.]{.underline}

c\. [Business‑sensitive data.]{.underline} In addition to the above
data, situations could arise wherein data exchange of a
business‑sensitive nature would be necessary. The

Contractor shall also enter into LAs for this type of information
exchange. These LAs shall include proper safeguards to preserve
confidentiality and competitiveness of all parties participating in the
LAs.

d\. [Meetings.]{.underline} Unless otherwise restricted by the
Government, each LA shall contain language that authorizes other
contractors identified in this clause to be permitted to attend meetings
between the TSSC-II Contractor, functional area CIP prime contractors,
and the Government, as deemed necessary and appropriate.

e\. [Access]{.underline}. Each LA shall include a provision to permit
each party to the LA to have reasonable access to the other LA parties\'
facilities. This access shall include, but not be limited to, meetings
and monitoring of all testing in connection with the CIP prime contract,
which the Government has the right to witness.

f\. [Contractor Discussion.]{.underline} Each LA shall permit the FAA
Contracting Officer or his/her representative to be in attendance at
Contractor discussions with other support contractors.

g\. [Non‑disclosure Agreements.]{.underline} The Contractor shall enter
into non‑disclosure agreements relative to the LAs as necessary.

h\. [Parties to the Agreements.]{.underline} The TSSC-II Contractor
shall enter into LAs as defined above with the following contractors:

1\. NISC Contractor

2\. SETA Contractor

3\. CIP prime contractors providing technical assistance to a variety of
FAA functional areas under TAC contracts.

4\. CEXEC, Inc. or subsequent support services contractor(s).

The FAA reserves the right to change the above list of contractors.

i\. [Requirements for Subcontractors]{.underline}. The Contractor shall
use its best efforts to include the requirements of this Section in its
subcontracts in excess of \$10,000, other than Davis-Bacon Act work
subcontracts.

j\. [Contract Requirements]{.underline}. Nothing in this agreement shall
be deemed to be a basis for the alteration of, deviation from, or
failure to comply with the terms and provisions of the Contract. In the
event of a conflict between any of the terms and provisions of the
Contract and the LA, the terms and provisions of the Contract shall
control with respect to the parties to the Contract.

**H.34.0 CONFIDENTIALITY OF DATA AND INFORMATION .34.0 CONFIDENTIALITY
OF DATA AND INFORMATION.34.0 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. The Government
obtains various types of data and information under conditions which
restrict the Government\'s right to use and disclose the data and
information, or which may be of a nature that its dissemination or use
other than in the performance of this Contract, would be adverse to the
interests of the Government or other parties. Therefore, the Contractor
and its subcontractor(s) agree to abide by any restrictive use
conditions on such data and not to:

a\. Knowingly disclose such data or information to others without
written authorization from the Contracting Officer, unless the data or
information has otherwise become available to the public through no
action or fault of the Contractor.

b\. Use for any purpose other than the performance of this Contract that
data which bears a restrictive marking or legend, unless such
information or data has otherwise fallen into the public domain through
no action or fault by the Contractor.

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

Through formal training in company policy and procedures, the Contractor
agrees to make employees aware of the requirement to maintain
confidentiality of data and/or information, and in the necessity to
refrain from divulging either the proprietary data of other companies or
data that is obtained from the Government to anyone except as
authorized. 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) unless such information otherwise
falls into the public domain through no action or fault of the
Contractor or employee.

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

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

Except as the Contracting Officer specifically authorizes in writing,
upon completion of all work under the Contract, the Contractor shall
return all such data and information obtained from the Government,
including all copies, modifications, adaptation, or combinations
thereof, to the Contracting Officer. Data obtained from another company
shall be disposed of in accordance with the Contractor\'s agreement with
that company, or, if the agreement makes no provision for disposition,
shall be returned to that company.

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

These restrictions do not limit the Contractor\'s (or subcontractor\'s)
right to use and disclose any data and information obtained from other
sources without restriction.

**H.35.0 ATTORNEY/CLIENT PRIVILEGE**

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,]{.underline}
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.

In the event of litigation or any other legal proceeding, 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 which the Contractor may have in its possession, and
by making Contractor employees available to assist FAA for any purpose,
including but not limited to attendance at depositions or testimony at
hearings. This provision does not preclude the Contractor or the
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 Government.

**H.36.0 ORGANIZATIONAL CONFLICTS OF INTEREST .36.0 ORGANIZATIONAL
CONFLICTS OF INTEREST.36.0 ORGANIZATIONAL CONFLICTS OF INTEREST**

A potential significant conflict of interest exists when the nature of
the work to be performed under the Contract may, or when past
contractual activities may, on future activities, result in a unfair
competitive advantage to the Contractor, or impair the Contractor\'s
objectivity in

performing the Contract work. An unfair competitive advantage may arise
from a company having access to information concerning the procurement
prior to other competitors or by having access to information related to
the Federal Aviation Administration\'s deliberative acquisition process,
or information that is proprietary, or otherwise privileged. An impaired
ability to objectively perform the Contract work may arise from a
company\'s ability under the Contract to evaluate its own work or to
favor its own products or capabilities. A conflict may also arise from a
company\'s significant commercial business relationships with
organizations whose work or capabilities it might be asked to evaluate
under this Contract. For the purposes of this provision, \"significant
business relationships\" are defined as: those relationships involving
joint ventures, mergers, acquisitions of, or by one of the companies
listed below, the Contractor or the Contractor\'s subcontractors; or
when a substantial amount of the Contractor\'s or any of the
Contractor\'s subcontractors\' gross revenues are derived from business
with one of the companies listed below; or when a company\'s viability
may be affected by its relationship with an organization whose work or
capabilities it might be asked to evaluate under this Contract. The
companies are:

Martin Marietta Wilcox Electric, Inc.

Sverdrup Corporation Systems Requirements &

Fluor Daniel Services Associates, Inc.

RMS Technologies, Inc. Vitro Corporation

ISN, Inc. Systems Resources Corp.

TRW, Inc. Raytheon Service Company

WRs may be issued to the Contractor during performance of the Contract,
which could require the Contractor to perform tasks, as outlined in FAR
9.5, related to Capital Investment Plan programs or projects, which may
create a potential conflict of interest.

In the event that a WR is issued to the Contractor that would require
activity that would create a potential conflict of interest, the
Contractor shall:

a\. Notify the Contracting Officer of the potential conflict, and;

b\. Recommend to the Agency an alternate tasking approach which would
avoid the potential conflict, or;

c\. Present for approval a conflict of interest mitigation plan that
will:

1\. describe the task that creates the potential conflict of interest;

2\. outline in detail the actions to be taken by the Contractor or the
Government in the performance of the task to mitigate the conflict e.g.,
division of subcontractor effort, limited access to information, or
other acceptable means.

The Contractor shall not commence work on a WR related to a potential
conflict of interest until specifically notified by the Contracting
Officer to proceed.

This provision shall apply to all subcontractors, at any tier.

If the Contracting Officer determines that it is in the best interest of
the Government to issue a WR, notwithstanding a conflict of interest, a
request for waiver shall be submitted in accordance with FAR 9.503.

Work under this Contract will involve access to information about
Federal Aviation Administration (FAA) procurement which is not generally
available to other persons or firms. For the reasons set forth in this
clause, the Contractor shall be excluded from consideration for the
award of future FAA contracts and shall not serve as a subcontractor, at
any tier, under a future FAA contract in support of this program or
related support programs, current or future. Current programs included
in this exclusion are:

NONE

The Organization Conflict of Interest Matrix is incorporated into this
Contract as a guideline for the Contractor and its subcontractors
regarding organizational conflict of interest (OCI) on FAA support
contracts. This is provided for guidance only and is not intended to
address every OCI issue. The Contracting Officer is the final decision
authority for any OCI determination.

ORGANIZATIONAL CONFLICT OF INTEREST MATRIX

FOR FAA SUPPORT CONTRACTS

TSSC-II TACs SETA PROD.

1\. SETA PRIME Y\* Y \-- N

2\. SETA SUB Y\* Y \-- Y\*

3\. NISC PRIME/SUB Y\* Y Y Y\*

4\. TACs PRIME/SUB Y\* Y Y Y\*/\*\*

5\. A&E SERVICES Y\* Y Y Y

6\. PRODUCTION Y\* Y\*\* N \--

PRIME/SUB

\* May need an approved mitigation plan. Some examples of potential
conflicts of interest which would require a mitigation plan are as
follows: 1) Under the TSSC-II, the Contractor may be required to provide
technical oversight on behalf of the FAA for equipment installation.
However, if the TSSC-II Contractor is also the producer of the equipment
to be installed, this may impact the Contractor\'s ability to render
objective and impartial services under the TSSC-II contract. 2) Under a
separate technical services contract, a contractor develops initial
specifications or designs, site implementation plans, or site adaptation
designs. Then as the TSSC-II Contractor, the Contractor is tasked to
perform site construction which would incorporate the Contractor\'s
original specifications, designs, site implementation plan, or site
adaptation designs. This conflict may impact the Contractor\'s ability
to provide objective and impartial services to the FAA under the TSSC-II
Contract.

\*\* Production contracts must be in a different program technical area.

Y = Yes, eligible to compete.

N = No, not eligible to compete.

ABBREVIATIONS

NISC = National Airspace Systems Implementation Support Contract

SETA = Systems Engineering and Technical Assistance

TAC = Technical Assistance Contract

A&E SERVICES = Contractor support for a variety of National and Regional
A&E projects.

PRODUCTION PRIME/SUB = Hardware or software production prime or
subcontractor.

**H.37.0 PROGRAM MANAGEMENT SYSTEM (PMS) TOOLS .37.0 PROGRAM MANAGEMENT
SYSTEM (PMS) TOOLS.37.0 PROGRAM MANAGEMENT SYSTEM (PMS) TOOLS**

The administration of the National Airspace System (NAS) system
engineering and program management functions for the numerous projects
comprising the Federal Aviation Administration\'s (FAA\'s) Capital
Investment Plan (CIP) depends upon a set of interrelated computerized
tools designed to facilitate these functions. These tools are grouped
under the title, Program Management System (PMS) Tools, and are used by
FAA and support contractor personnel.

In the execution of the requirements of this Statement of Work, the
Contractor shall review and determine the applicability of the existing
FAA PMS Tools. The NISC Contractor is responsible for updating and
enhancing these tools to accomplish tasks in support of the Regional
Offices and the FAA Aeronautical and Technical Centers. For FAA
Headquarters applications, the maintenance, support, and modification of
these PMS tools shall be provided by FAA\'s System Engineering and
Technical Assistance (SETA) contractor. The TSSC-II Contractor will use
products of the following PMS tools in the accomplishment of assigned
work efforts.

[PMS Tools:]{.underline}

Materiel Delivery Forecasting Module (MDFM)

Master Schedule System (MSS)

Regional Project Management System (RPMS)

The data required for operation of the PMS tools is considered to be NAS
status information, and not business sensitive information.

The following is a list and basic description of the above PMS tools.

**Materiel Delivery Forecasting Module (MDFM)** ‑ The MDFM is used by
FAA\'s Transition and Implementation Service (Code ANS) to supplement
the materiel delivery tracking information of the MSS. The MDFM provides
FAA program managers and planners with a vehicle with which to track
intermediate materiel delivery dates.

**Master Scheduling System (MSS)** ‑ The MSS is used by FAA\'s Program
Management Service (Code APM) to develop and monitor CIP project
schedules for program managers at the FAA Headquarters. The MSS
generates critical path scheduling networks, sets and monitors milestone
achievements, identifies scheduling conflicts, and provides the user
with a means to assess the impact of variables upon project schedules.
The On‑Line Status System (OLSS) is used to conduct an on‑line review of
project scheduling data that has been extracted from the MSS.

**Regional Project Management System (RPMS)** ‑ The RPMS gives Regional
facilities and equipment planners the capability to monitor NAS project
schedules, resource availability, and costs. The RPMS software allows
the exchange of data between the process server at the FAA Headquarters
and regional microcomputers, enabling users to enter data on the
microcomputer and then transfer the data to the Headquarters local area
network. RPMS is also linked with FAA\'s Departmental Accounting and
Financial Information System (DAFIS), which allows users to analyze
regional resources and budgets. The TSSC-II Contract will involve use of
only the regional modules of the RPMS, which runs on microcomputers
located in the regions.

[Computer Environment]{.underline}

The PMS Tools will be hosted on an IBM‑compatible mainframe computer or
host microcomputers provided by the FAA. Additionally, some time-sharing
services may be required.

Microcomputer workstations are used throughout the FAA Headquarters and
the nine regions and centers by FAA and Contractor personnel in support
of PMS functions. These workstations directly run certain PMS
applications (e.g., the RPMS and MDFM functions). The workstations are
also used as terminals to access mainframe‑based tools as well as
Headquarters\' databases on local area networks.

The main data communications vehicle that provides remote users with
access to the mainframe computers is the FAA Administrative Data
Transmission Network (ADTN). The ADTN is a private packet switching
network that is maintained for the FAA by a contractor. The mainframe
computer(s) hosting any PMS tools will be connected directly to the ADTN
via a network switching node. PMS tool workstation connections have
consisted of remote microcomputers or LANs connected to the ADTN via
Packet Assembler/Disassembler (PAD) devices and further connected via
TP4 network switching nodes. The FAA operates microcomputer based LAN
systems within each region, center, and Headquarters. Some of these LANs
are linked via gateway systems. The TSSC-II Contractor will be
encouraged to link to these LANs for the purpose of accessing electronic
mail.

[List of FAA Compatible Software]{.underline}

The following is a list of software used by FAA in accomplishing
day-to-day tasks, some of which may be referenced in this Statement of
Work:

\* ACCESS

ARTEMIS

\* Auto‑Trol GDI

\"C\", \"C++\", C-TREE

\* CC:Mail

dBase III Plus

EXCEL

Fortran

Harvard Graphics

IBM JCL

IBM/MS DOS

\* Lotus 1,2,3

\* Microsoft Word

\* NOVELL 3.11 & 4.0

\* ORACLE 7.0 /FORMS 4.0 /SQL LOADER

Pascal

\* PRESTIGE

Procomm‑Plus

STARPLAN

Superbase 4

Tinynet

3 COMM

\* Unix

Vax

\* VISUAL BASE

\* Windows 3.1

\* WordPerfect 5.0

WordPerfect 5.1

\* DENOTES CURRENT ENVIRONMENT

**H.38.0 RESTRICTIONS ON PRINTING AND DUPLICATION .38.0 RESTRICTIONS ON
PRINTING AND DUPLICATION.38.0 RESTRICTIONS ON PRINTING AND DUPLICATION**

The Congressional Joint Committee on Printing has directed that
Contractors providing equipment and services shall not be prime sources
of printing for Government agencies. However, duplication of reports,
data, or other written material is authorized provided that the material
produced does not exceed: (i) 5,000 production units of any one page,
and (ii) 25,000

production units of the aggregate when multiple pages are involved. This
duplication is not permitted by the Contractor under any circumstances
if more than one color is involved, if contract negatives are involved,
or if the pages exceed the maximum image size of 10-3/4 x 14‑1/4 inches.

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

b\. When the material to be furnished under the Contract exceeds the
production unit limits or is otherwise not permitted as specified in
paragraph (a) above, the Contractor shall furnish such material as
unjustified clean typed text on one side only, line drawings and
photographs, which are suitable as camera ready for offset printing.

c\. All printing funded by this agreement must be done in conformance
with Joint Committee on Printing regulations as prescribed in Title 44,
United States Code, and Section 308 of Public Law 101‑163, and all
applicable Government Printing Office and Department of Transportation
regulations.

**H.39.0 PERSONAL SERVICES .39.0 PERSONAL SERVICES.39.0 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 change in any way 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.

**H.40.0 WAGE DETERMINATIONS .40.0 WAGE DETERMINATIONS.40.0 WAGE
DETERMINATIONS**

[Davis-Bacon Act]{.underline}. Prior to performing or issuing any
solicitation for work subject to the Davis-Bacon Act, the applicable
minimum wage determinations shall be obtained from the U. S.

Department of Labor and used for the work to be accomplished. The
Contractor shall incorporate the applicable minimum wage determinations
in each subcontract involving Davis-Bacon Act work. The Contractor shall
not pay employees subject to the D/B Act wages less than those contained
in wage determinations as provided by the Secretary of Labor.

[Service Contract Act]{.underline}. The minimum hourly wage
determinations along with appropriate fringe benefit payments,
applicable to the classes of service employees subject to the Service
Contract Act of 1965, are provided in Attachment J.003, \"DEPARTMENT OF
LABOR MINIMUM WAGE DETERMINATIONS,\" of this Contract. The Contractor
shall not pay employees subject to the SCA wages less than those
contained in wage determinations as provided by the Secretary of Labor.

**H.41.0 FAR 52.215-33 ORDER OF PRECEDENCE (JAN 1986)**

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

(End of Clause)

**H.42.0 RELEASE OF INFORMATION .42.0 RELEASE OF INFORMATION.42.0
RELEASE 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 release or communicate, except as required by law or
regulations, such information, including any news release, public
announcement, or advertising material concerned with this Contract,
whether orally or in writing, to any person except:

a\. FAA personnel with a \"need to know,\"

b\. Employees of the Contractor with a \"need to know\" or,

c\. Such other person as may be designated in writing by the Contracting
Officer.

**H.43.0 LIMITATION OF GOVERNMENT\'S OBLIGATION -**

** ALLOTMENT OF FUNDS**

To the extent the Schedule sets forth an amount to cover the estimated
cost to the Government, the Government shall not be obligated to pay the
Contractor any amount in excess of the amount set forth in the Schedule.
Furthermore, the Contractor shall not be obligated to continue

performance by virtue of which the Government\'s obligation hereunder
would exceed the amount set forth in the Schedule, unless and until the
Contracting Officer has notified the Contractor in writing that such
amount has been increased and has specified in such notice a revised
amount which shall constitute the estimate cost of performance in this
Contract.

In addition, the Contractor shall not incur, nor the Government be
obligated to pay, any costs or allocable fixed fee on any Work Releases
that exceed the funds allotted for any of the below listed FAA
organizational units without the express written consent of the
Contracting Officer.

[FOR WORK RELEASES ISSUED BY:]{.underline} [FUNDS
ALLOTTED]{.underline}\*

FAA Headquarters \$ 11,016,142.00

Alaskan Region \$ 0.00

Central Region \$ 889,424.00

Eastern Region \$ 0.00

Great Lakes Region \$ 1,070,000.00

New England Region \$ 517,800.00

Northwest Mountain Region \$ 1,058,000.00

Southern Region \$ 0.00

Southwest Region \$ 0.00

Western Pacific Region \$ 307,000.00

Aeronautical Center \$ 0.00

Technical Center [\$ 0.00]{.underline}

TOTAL FUNDS ALLOTTED \$ 14,858,366.00

\* Funds will be distributed each year based upon the F&E appropriation.

When and to the extent that the amount set forth in the Schedule has
been increased, any expenses incurred by the Contractor in excess of
such amount prior to the increase shall be allowable to the same extent
as if such expense had been incurred after such increase in such
amounts.

The Contractor shall notify the Government in writing at the earliest
practicable time, whenever he believes that the cost he expects to incur
within the succeeding thirty (30) days will exceed 75% of the amount
stated in the Schedule. The Contractor will also notify the Government
in writing at any other time if he expects the cost he will incur for
items chargeable to such amount will be substantially greater or less
than such amount.

The Government reserves the right to increase or decrease the funds
allotted herein, on a unilateral basis by modification to the Contract
or Work Release, as applicable. In no event shall the amount of funds
obligated be decreased below the actual costs and fixed fee incurred by
the Contractor at the time of the notice of decrease.

**H.44.0 EMPLOYEE PROCUREMENT INTEGRITY CERTIFICATIONS**

The Contractor is required to obtain Procurement Integrity Certificates
from its employees in accordance with FAR 52.203-8; Alt I. This
requirement shall flow down to all subcontracts or modifications to
subcontracts for property or services in excess of \$100,000. A copy of
the signed certificates, or a letter certifying that all certificates
have been obtained and are being maintained in a secure location, will
be provided to the Contracting Officer.

The same requirement applies to all new employees when hired.
Recertifications of all Contractor and subcontractor employees may be
required whenever changes in the Procurement Integrity Certification
process are instituted. If a recertification is required, the Contractor
and subcontractor employees shall continue to work while an orderly
process for obtaining the certifications is implemented, unless other
direction is provided by the Contracting Officer.

**H.45.0 FAR 52.203‑9 REQUIREMENT FOR CERTIFICATE OF **

** PROCUREMENT INTEGRITY‑‑MODIFICATION (NOV 1990).**

a\. [Definitions]{.underline} - The definitions set forth in FAR 3.104‑4
are hereby incorporated in this clause.

b\. The Contractor agrees that it will execute the certification set
forth in paragraph (c) of this clause when requested by the Contracting
Officer in connection with the execution of any modification of this
Contract.

c\. [Certification]{.underline} - As required in paragraph (b) of this
clause, the officer or employee responsible for the modification
proposal shall execute the following, certification:

Certificate of Procurement Integrity ‑ Modification (Nov 1990)

1\. I, (Name of certifier), am the officer or employee responsible for
the preparation of this modification proposal and hereby certify that,
to the best of my knowledge and belief, with the exception of any
information described in this certification, I have no information
concerning a violation or possible violation of subsection 27(a), (b),
(d), or (f) of the Office of Federal Procurement Policy Act, as amended
\*(41 U.S.C. 423), (hereinafter referred to as \"the Act\"), as
implemented in the FAR, occurring during the conduct of this procurement
(contract and modification number).

2\. As required by subsection 27(e)(1)(B) of the Act, I further certify
that to the best of my knowledge and belief, each officer, employee,
agent, representative, and consultant of (Name of Offeror) who has
participated personally and substantially in the preparation or
submission of this proposal has certified that he or she is familiar
with, and will comply with, the requirements of subsection 27(a) of the
Act, as implemented in the FAR, and will report immediately to me any
information concerning a violation or possible violation of subsections
27(a), (b), (d), or (f) of the Act, as implemented in the FAR,
pertaining to this procurement.

3\. Violations or possible violations: (Continue on plain bond paper if
necessary and label Certificate of Procurement Integrity ­Modification
(Continuation Sheet), enter NONE if none exists).

\[Signature of the officer or employee responsible for the modification
proposal and date\]

\[Typed name of the officer or employee responsible for the modification
proposal\]

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 TITLE 18, UNITED STATES CODE, SECTION 1001.

(End of Certification)

d\. In making the certification in paragraph (2) of the certificate, the
officer or employee of the competing contractor responsible for the
offer or bid, may rely upon a one‑time certification from each
individual required to submit a certification to the competing
contractor, supplemented by periodic training. These certifications
shall be obtained at the earliest possible date after an individual
required to certify begins employment or association with the
Contractor. If a contractor decides to rely on a certification executed
prior to the suspension of Section 27 (i.e., prior to December 1, 1989),
the Contractor shall ensure that an individual who has so certified is
notified that section 27 has been reinstated. These certifications shall
be maintained by the Contractor for a period of 6 years from the date a
certifying employee\'s employment with the company ends or, for an
agency, representative, or consultant, 6 years from the date such
individual ceases to act on behalf of the Contractor.

**H.46.0 NON-FEE BEARING COSTS .46.0 NON-FEE BEARING COSTS.46.0 NON-FEE
BEARING COSTS**

In accordance with the requirements of the SOW and the terms of this
Contract, the following expenses will be reimbursed at cost but with no
fee added:

a\. Equipment (computer hardware and software)

b\. Leases for office space and equipment

c\. Travel

d\. Relocation

e\. Contractor re-work which falls within the definition of a Type IV
change. See H.3.1.d [Revised Work Release (RWR)]{.underline} for the
definition of a Type IV change.

f\. Bonds/Insurance

**H.47.0 SUBCONTRACTOR RENEGOTIATION OF COST**

If the prime Contractor renegotiates a lower cost with a subcontractor
with a net reduction of 10% or more than proposed at time of contract
award, or the time of exercise of any option, the Government shall be
notified and an adjustment shall be made. A new Cost and Pricing
Certificate will be required under these circumstances.

**H.48.0 NOTICE OF EMPLOYMENT OF FORMER UNITED STATES GOVERNMENT
EMPLOYEES (SERVICES CONTRACTS)**

a\. This clause implements the Federal Workforce Restructuring Act of
1994 (\"BUYOUT\"), P.L. 103‑226. The following requirements apply to any
contract, task order, or other arrangement for services contracts
entered into after March 30, 1994 and immediately upon knowledge of any
such arrangements through September 30, 1999.

b\. The Contractor shall provide notice and certification of employment
of employee(s) who were previously employed by the United States
Government and received the voluntary separation incentive payment
(\"buyout\"), utilizing the form entitled "Notice of Employment of
Former United States Government Employees (Service Contracts),"
(Attachment J.015). This notice is required immediately upon the
contractor\'s knowledge at any time during the contract period, or
through September 30, 1999. You are reminded that in accordance with the
buyout legislation, the buyout employee performing on personal service
contracts for the United States Government is required to repay the
buyout incentive unless the Head of the Agency of former employment
obtains a waiver from the Director of the Office of Personnel
Management. Notice and certification information will be maintained by
the Contracting Officer.

**H.49.0 CORRECTION OF DEFECTS**

At any time during the performance of this Contract, but not later than
six months after acceptance by the Government of the work performed by
the Contractor on the last Work Release issued under the Contract, the
CO or ACO may require the Contractor to correct or revise any drawings,
specifications, or other Contractor products or any services performed
under this Contract, in order to remedy any errors or deficiencies
therein, or in order to remedy by correction or replacement, as directed
by the CO or ACO, any failure or deficiency which is due to an
inadequacy or inadequacies of any one or any combination of designs,
drawings, specifications, or other design-related products or any
services performed, produced, or provided by the Contractor under this
Contract. The cost of this work shall be allowable, subject to the terms
and conditions of this Contract, but no additional fee shall be paid
with respect thereto.

Notwithstanding any other provisions hereof, staff hours attributable to
correction of defects shall not be considered as fee bearing labor
hours.

The Government [will not]{.underline} reimburse the Contractor for any
defects or flawed work products which are the sole responsibility of the
construction subcontractor in any firm-fixed-price Davis-Bacon Act
subcontracts.

**H.50.0 SUITABILITY OF DESIGNS .50.0 SUITABILITY OF DESIGNS.50.0
SUITABILITY OF DESIGNS**

The Contractor shall be responsible for the professional quality and
technical accuracy of each design, drawing, specification, or other
design-related product or services performed, produced or provided
pursuant to this Contract. The Contractor shall so guide and coordinate
such designs, drawings, specifications, and other design-related
products and services that, subject to the other provisions of this
Contract, when the requirements of the Work Release are completed, the
work will function properly and well as an integrated system. Prior to
delivery of all drawings to the FAA for acceptance, the Contractor shall
sign the drawings as the preparer only. In addition, the drawings shall
be certified by the Contractor\'s professional, registered architects or
engineers.

**H.51.0 INSTALLATION DRAWINGS**

Final installation drawings shall be submitted as D-size and prepared in
accordance with FAA-STD-002. In order to maintain compatibility with
FAA\'s current technical graphics standard format, all drawings shall be
computer generated and provided in a format compatible with Auto-trol
Services, 5000 format version 8.2.5. All costs to translate any drawings
to the prescribed Auto-trol format will be incurred solely by the
Contractor and will be an unallowable charge under this Contract.
Drawings provided in quantities of 3 or more shall be submitted on
either 1/4 inch cartridge tape, 8mm tape, or 6250 BPI 9 track tape reels
unlabeled and formatted for reading on HP/Apollo computer systems
running under Aegis SR10.3.5 of the UNIX operating system. Quantities of
less than 3 drawings may be submitted using either 5 1/4\" or 3 1/2\"
high density floppy disks formatted under the UNIX operating system. A
hard copy file list on 8.5 by 11 or 11 by 14.5 inch paper must accompany
the tape or disk when submitted. File names should conform to the local
protocol established within each region. All media shall be labeled as
follows:

Contractor Name and Contract Number

Submittal Date

Submittal Level

Tape Density

Block Size (if applicable)

Record size (if applicable)

Tape Label Name

Point of Contact Phone Number

**H.52.0 CONTRACT SUPPORT SERVICES - ESTABLISHMENT OF A CONTRACT LIAISON
OFFICE .52.0 CONTRACT SUPPORT SERVICES - ESTABLISHMENT OF A CONTRACT
LIAISON OFFICE.52.0 CONTRACT SUPPORT SERVICES - ESTABLISHMENT OF A
CONTRACT LIAISON OFFICE**

** OF A CONTRACT LIAISON OFFICE**

The Government has entered into a contract with CEXEC, Inc. for contract
support services (CSS). Under the contract, CEXEC is required to provide
CSS to the Contracting Officer through the establishment by CEXEC of a
Contract Liaison Office (CLO) in the Contractor\'s place of business.
The CLO will be staffed for the duration of the contract by a
Contracting Officer\'s Administrative Representative (COAR) who will be
provided by CEXEC.

No Contracting Officer authority has been delegated to CEXEC, or the
COAR. The COAR has no authority to change any of the terms of the
Contract or to issue any direction, assignment of work, or communication
which would be a basis for any change in the Contract terms (including
but not limited to the Contract delivery schedule or price) or which
would affect the time or cost of performance of the Contract. If the
Contractor believes that it has received any direction from the COAR
which would be a basis for a change in any of the Contract terms, or
would affect the time or cost of performance of the Contract, the
Contractor shall not comply with the direction and shall notify the
Contracting Officer immediately.

The COAR may attend negotiation sessions with the Contracting Officer,
but has no authority to negotiate directly or independently with the
Contractor.

The duties of the COAR in support of the Contracting Officer may include
but not be limited to the following:

a\. Providing representative support to the Contracting Officer.

b\. Participating in post-award conferences.

c\. Reviewing the Contractor\'s requests for payment.

d\. Monitoring the Contractor\'s purchasing system.

e\. Expediting actions for the Contracting Officer and the Contractor.

f\. Reviewing proposed subcontracts for the Contracting Officers\'
consent.

g\. Assuring Contractor compliance with subcontracting plans.

h\. Ensuring submission of required deliverables.

i\. Reviewing and evaluating the Contractor\'s proposals and providing
comments.

j\. Monitoring labor relations matters.

k\. Assisting the Contractor in obtaining contract interpretation from
the Contracting Officer.

l\. Assisting the Contractor and Contracting Officer in problem
resolution.

From time to time the Contracting Officer will require CEXEC to provide
other services. In all cases, the Contracting Officer will notify the
Contractor in writing what specific duties the COAR is required to
perform.

Unless specified otherwise by the Contracting Officer, the COAR shall be
provided access to all information pertinent to the Contract to which
the Government has a right of access.

In addition to support services provided to the CO by the COAR, CEXEC
may also be required to provide additional post-award support services
to the Program Office. These services may include review and tracking of
invoices, review and analysis of management reports, development

of briefing materials, scheduling meetings including agenda development
and record keeping, development and tracking of milestones, development
of standard operating procedures, and data administration.

The Contractor shall provide office space for the CLO including
furniture, file cabinets, local telephone service, internal mail
service, copying service, and parking to the extent available.

If the FAA acquires a different contractor to provide the services
described herein, the FAA will notify the Contractor so that appropriate
liaison agreements may be established .

**H.53.0 HIRING OF FAA/FORMER FAA PERSONNEL .53.0 HIRING OF FAA/FORMER
FAA PERSONNEL.53.0 HIRING OF FAA/FORMER FAA PERSONNEL**

The Ethics in Government Act, and Standards of Government Employees sets
forth the restrictions on Government personnel/former Government
personnel and their ability to be hired in the private sector. In
addition to those restrictions, the Contractor shall not recruit for
positions within his organization (or subcontractors at any tier) FAA
personnel on Government property for work under this Contract.

**H.54.0 FEDERAL INFORMATION PROCESSING RESOURCES (FIP) AND **

** ASSOCIATED REPORTING REQUIREMENTS **

Certain elements of federal information processing resources must be
routinely tracked by the Contractor and reported as called for by this
Section H provision. Each FIP element involved, a definition of what is
included within each FIP element, and the reporting requirements for
each element of FIP resources are as follows:

[FIP EQUIPMENT]{.underline} - consists of any equipment or
interconnected system or subsystems of equipment used in the automatic
acquisition, storage, manipulation, management, movement, control,
display, switching, interchange, transmission, or reception of data or
information. FIP equipment is equipment not ancillary to Contract or
Work Release accomplishment, and not part of a RADAR, SONAR, Radio or
Television system. FIP equipment acquired by the Contractor which is
incidental to the performance of the work is not FIP Equipment and shall
not be tallied under this FIP element. To be incidental, the ADPE
requirement would not usually be expressed in the statement of work. If
the requirement cannot be expressed, except by explicit equipment
requirement statements, the cost of such equipment shall then be tallied
under this FIP element. Work Releases with provisions to deliver FIP
equipment (like PCs or peripherals) to the Government for administrative
use shall not be permitted; those requirements shall be met through
other FAA contracts. For Work Releases containing FIP equipment
acquisition requirements to be valid, the equipment must be part of a
NAS system or test bed that requires Contractor involvement in the
installation.

FIP Equipment shall be tracked and reported as part of the Contractor\'s
Performance Report (CPR). The Contractor shall provide a written annual
report to the FAA Contracting Officer and Technical Officer (TO)
providing the total program cumulative cost for FIP equipment. In
addition, the Contractor shall provide written notification to the TO
upon obtaining knowledge of any Work Release containing a latest revised
estimate (LRE) of \$3,000 for acquiring this FIP element. Notification
shall include the Work Release number, title, total estimated cost, and
a breakdown of the total estimated cost not only for the FIP equipment,
but for any FIP software and/or support services as well.

[FIP SOFTWARE]{.underline} \-- consists of any software, including
firmware, specifically designed to make use of and extend the
capabilities of FIP equipment. Software development or modification
exceeding a \$4,000 LRE threshold shall be accomplished in accordance
with FAA‑STD‑026. Work Releases with provisions to deliver
commercial‑off‑the‑shelf (COTS) or modified COTS FIP software to the FAA
for administrative use shall not be permitted; those requirements shall
be met through other FAA contracts. For Work Releases containing FIP
software writing or acquisition requirements to be valid, the software
must become part of a NAS system or test bed.

FIP software shall be tracked and reported on the CPR. The Contractor
shall provide a written annual report to the FAA Contracting Officer and
Technical Officer providing the total program cumulative cost for FIP
software. In addition, the Contractor shall provide written notification
to the TO upon obtaining knowledge of any Work Release containing an LRE
of \$2,000 or more for this element. Notification shall include the Work
Release number, title, total estimated cost, and a breakdown of the
total estimated cost not only for the FIP software, but for any FIP
equipment/or support services as well.

[FIP SUPPORT SERVICES]{.underline} \-- consists of any commercial
non‑personal services, including FIP maintenance, used in support of FIP
equipment, software, or services. This would include, but not be limited
to, any of the following in conjunction with a FIP resource: system
build plan generation or evaluation; operational capability
demonstrations; operation manual preparation or interpretation;
installation; shakedown testing; and one‑time repair. Operational
maintenance is not an authorized Work Release activity. The mere
entering, accessing, and deleting of data into an existing automated
data base and manipulation of that information by invoking preprogrammed
commands, (like CAEG drafting) is not a FIP support service and shall
not by tallied under this FIP element.

This FIP element shall be tracked and reported on the CPR. The
Contractor shall provide written notification to the FAA Contracting
Officer and Technical Officer when the Total Program cumulative LRE for
FIP equipment, software, and services reach a value of

\$108M. In addition, the Contractor shall provide written notification
to the TO upon obtaining knowledge of any Work Release containing an LRE
of \$25,000 or more for this FIP element. Notification shall include the
Work Release number, title, total estimated cost, and a breakdown of the
total estimated cost not only of FIP support services but FIP software
and equipment as well.

**H.55.0 GIDEP PROGRAM**

\(1\) The Contractor shall within thirty (30) days after Contract award
enroll and subsequently provide and maintain procedures to enable
participation in the Failure Experience Data Interchange (FEDI) of the
Government‑Industry Data Exchange Program (GIDEP) in accordance with
Military Standard 1556B. Copies of the specification can be obtained
from the Naval Publications and Printing Service Office, 5801 Tabor
Avenue, Philadelphia, Pennsylvania 19120‑5099. Compliance with this
clause shall not relieve the Contractor from complying with any other
provisions of the Contract.

\(2\) Contractor shall prepare the appropriate GIDEP report for
reporting material discrepancies/problems which have adversely impacted
or have the potential to adversely impact spares/repair parts
reliability. Additionally, the Contractor will notify the FAA
Contracting Officer or the designated representative within five **(5)**
working days after identifying the reported problem.

\(3\) Appropriate timely action, as deemed necessary by the Contractor,
shall be taken in response to GIDEP reports received which may impact on
materials ordered

under this Contract. Additionally, the Contractor will notify the FAA
Contracting Officer or designated representative within five (5) working
days if there is an impact on the Contract.

\(4\) The Contractor shall insert paragraphs (1), (2), and (3) in any
subcontract hereunder exceeding \$500,000. When so inserted, the word
\"contractor\" shall be changed to \"subcontractor.\"

**H.56.0 WORK RELEASE CHANGE ACTION PROCESS .56.0 WORK RELEASE CHANGE
ACTION PROCESS.56.0 WORK RELEASE CHANGE ACTION PROCESS**

During the performance of effort specified in a Final Work Release
(FWR), unanticipated changes may be required in the scope of the
required effort. The Contractor has no authority to perform work beyond
the scope of the final work release without prior written approval from
the Contracting Officer (CO) or cognizant Administrative Contracting
Officer (ACO). The procedures described herein apply to those instances
where WR changes are initiated by the Contractor. Presently, these
procedures do not permit center or regional modification of National
FWR's. If the need to change a National FWR arises, it must be processed
through the appropriate Headquarters offices.

When the Contractor perceives a need for additional work release effort
which was not included in the approved FWR, the Contractor shall notify
the FAA Technical Officer (TO) or cognizant Associate Technical Officer
(ATO), through the FAA's regional Project Engineer (PE) that a revision
to the FWR may be required, and shall provide a Work Release Change
(WRCA) proposal. This proposal is similar to a Work Release Plan, except
that it is initiated by the Contractor in response to a change
situation, rather than provided in response to a Preliminary Work
Release. Each WRCA proposal shall include, at a minimum, the following:

1\) a complete description of the proposed scope change as it relates to
the existing FWR scope;

2\) a justification as to why the scope change should be incorporated
into the FWR;

3\) a date after which additional unavoidable costs will be incurred if
the scope change is not

authorized, along with a detailed explanation of those additional costs;

4\) a complete cost proposal which reflects the work elements that are
proposed to be expanded

or added to the FWR scope;

5\) if the cause of the scope change results from a TSSC subcontract
under the FWR, the

Contractor shall also include an explanation as to why the requested
scope change was not

included in the original subcontract specifications;

6\) each proposal shall include a summary of all previously executed
WRCA's for that WR, to

ensure proper funds tracking.

The Contractor shall provide WRCA's which are signed by a duly
authorized official. The above information shall be entered into an MS
Excel file (sample print out is attached). The completed Excel file
shall be transmitted to the FAA or provided on a disk with the signed
hard copy of the WRCA proposal. The Contractor shall transmit WRCA's to
the FAA either via fax or other more expedient, cost effective method
acceptable to the CO/ACO. The WRCA proposal shall include the FWR number
and title and shall follow the requirements described above. To
facilitate tracking, each WRCA shall have a unique identification number
consisting of the building site's "three letter" identifier (in
accordance with FAA Order 7350.5) and a sequential number. For example,
the first change order for Albuquerque (three letter site
identification, ABQ) shall be assigned the number ABQ 01; the second
change order shall be assigned the number ABQ 02; etc.

Note: WRCA's which gain FAA approval will also be assigned the next
available WR revision number for the WR under which the work is taking
place. These FAA approved WRCA's shall have the same effect as a WR
revision for budget, schedule, funds or hours allocation, scope or other
such WR data which may be changed via regular contract WR revision
procedures.

The process for submission, review and approval of WRCA's will be:

1\) The Contractor transmits a complete WRCA (as described above) to the
appropriate FAA PE

(with copies to the cognizant ATO/TO) with a filled out WRCA coversheet
attached.

2\) The FAA PE performs a written quantitative and qualitative
evaluation (Q&Q) of the

proposal. The FAA PE will evaluate all WRCA's for technical merit and
cost and provide a

written Q&Q for FAA records. If the FAA PE does not concur with the
WRCA, it will be

rejected and returned to the Contractor without further action.

3\) An approved WRCA and Q&Q are routed to the cognizant ATO/TO for
review and

concurrence. The ATO must review the WRCA and Q&Q to determine whether
the costs

should be tallied as Type I or Type II, and whether there is a
requirement for additional Type

III Fee Credit Hours or if Type IV rework hours should be allocated. The
WRCA shall be

forwarded to the cognizant ACO after the ATO completes their portion of
the review.

4\) The cognizant ACO will review the WRCA for scope and to ensure that
all required

components are provided. Upon approval, the CO/ACO shall then send it to
the Contractor

5\) The Contractor shall acknowledge acceptance of the WRCA via
signature on the WRCA

cover sheet upon receipt from the ACO/CO; then return the original copy
to the ACO/CO.

6\) The original WRCA shall be placed into the official WR file in with
other approved WR

revisions.

**Only the FAA ACO or the CO may authorize the contractor to incur costs
in the performance of WRCA's. The Contractor may not incur costs for any
effort which exceeds the scope of the contract or/and approved final or
revised Work Releases without prior written ACO/CO authorization. Prior
to ACO/CO approval of the WRCA, any costs incurred by the Contractor
shall be at their own risk and may not be reimbursed, subject to the
terms and conditions of the contract.**

There is no limit on the value of WRCA's which may be approved by the
ACO (subject to available obligations and any limits of the ACO's
Warrant) and available contract obligations.

When the Contractor perceives a need to change the scope of a FWR or
issue a change order for the scope of a FWR due to changed circumstances
of a subcontract, and the FAA determines that time is insufficient to
process a fully executed WRCA, an unpriced WRCA will be processed. There
is no authority to grant verbal approval for any WRCA to the Contractor.

In the event that the total cost of the WRCA cannot be definitized prior
to commencement of effort, and the FAA determines that time is
insufficient to process a fully executed WRCA, the Contractor shall
contact the ACO/CO to obtain written permission (via Fax if necessary)
to negotiate a ceiling cost in order to begin the proposed work with its
subcontractor, after the ACO/CO has established a not-to-exceed (NTE)
amount, which the Contractor shall use as the maximum authorized
additional value for the subject work until the WRCA is definitized and
fully executed. To the extent that the information is available, the
Contractor shall prepare a WRCA proposal as described above. If a NTE
authorization is granted, the Contractor shall ensure that they or their
subcontractor will be able to halt work under the WRCA (if the NTE
amount is reached before completion) such that the "work in progress" is
safe and does not jeopardize any other work, system, equipment, etc., at
the work site or any site related to the work site.

The FAA PE will evaluate the Contractor's WRCA proposal for technical
merit and cost and provide a written Q&Q along with a recommendation to
the ACO/CO of an acceptable final cost for the total work to be covered
by the WRCA, and sign the WRCA cover sheet. Upon ACO/CO receipt of the
engineer's recommendation, the Contractor will be contacted to negotiate
a final price for the WRCA. When the Contractor provides the final
price, the WRCA will be definitized. If the FAA PE does not concur with
the proposal contained in the WRCA, it will be rejected and returned to
the Contractor. The CO/ACO will notify the Contractor to terminate the
work begun under the not-to-exceed authorization. Allowable costs will
be reimbursed.

As previously stated, the Contractor is not authorized to incur costs
for any effort which exceeds the scope of the approved FWR until FAA
ACO/CO approval has been granted via an approved WRCA or written NTE
authorization.

**H.57.0 CONTRACTOR USE OF SPECIAL PURPOSE AND/OR INTERAGENCY FLEET
MANAGEMENT SYSTEM (IFMS) VEHICLES**

The Contractor is responsible for providing transportation to, from, and
between work sites covered under this Contract. However, when access to
work sites is possible only by use of special purpose vehicles such as
aerial tramway, boat, airplane, snow tractor or plow, and all-terrain
vehicles, and the FAA has such special purpose vehicles available, the
Contractor's use of such vehicles may be authorized. When approving
contractor/subcontractor employees to drive special purpose and/or IFMS
vehicles, the cognizant TO/ATO and CO/ACO will ensure that they
understand the contents of this clause and any other requirements of FAA
Order 4670.2B, "Motor Vehicle Management," which is hereby incorporated
into the contract by reference and is applicable to both the Contractor
and its subcontractors.

The Contractor will include its requirements for Interagency Fleet
Management System (IFMS) and/or

special purpose vehicles in the WR Plan, including the type of vehicle
required and estimated date(s)

required. When approved by the cognizant TO/ATO and CO/ACO in a Work
Release, authorization

to use special purpose and/or IFMS vehicles, including Government-owned
or leased special purpose

vehicles, may be granted. Such authorization shall be for official
purposes only in performance of this

Contract, provided that the Contractor/subcontractor assumes full
responsibility for the drivers under

special provision H.9.0, entitled "Liability Insurance." Both Section
H.9.0 and this special provision

will be included in all subcontracts if the subcontractor's employees
are to drive special purpose and/or

IFMS vehicles.

Special purpose vehicles are defined as:

\(a\) vehicles used to provide transportation, but also may include work
vehicles such as fork lift or bucket trucks which might be operated by
Contractor personnel in performing Contract tasks. Use of construction
equipment, such as graders, tractors, and front-end loaders by
Contractor or subcontractor personnel is not included;

\(b\) four-wheel drive passenger vehicles are not routinely considered
special purpose vehicles, and when required for extended periods, are
the Contractor's responsibility to provide. However, for brief periods
due to snow or hazardous road conditions, when site access is only
possible by a four-wheel drive vehicle, such vehicle will fit the
category of special purpose;

\(c\) passenger-type vehicles or vans that have been specially equipped
for access onto airport property. These vehicles generally are equipped
with special license plates, markings, radios, and lights that allow
them access to airports' controlled areas.

The Contractor and subcontractors, and their employees who will be
driving IFMS vehicles, are subject to the following

a\. drivers must possess necessary state, local, and airport licenses,
permits, and expertise for operation of the type of vehicle to be
driven, and must report immediately any revocation or restriction of
those licenses or permits;

b\. the Contractor assumes liability for any personal injuries or
property damage and liability resulting from the Contractor's use,
operation, and control. Assumption of liability will be in writing.;

c\. drivers are personally responsible for any payment of any traffic
summonses received, including parking violations;

d\. use of the vehicle by the Contractor will not interfere with FAA
requirements;

e\. drivers may not pick up hitchhikers, and may not transport any
passengers who are not on official business. Transportation of
nonofficial/non-Government passengers in official Government passenger
carriers creates the possibility of tort claims and public criticism.
Therefore, it shall be strictly limited to those situations where a
non-Government person is to be transported in IFMS vehicles on official
business only (i.e., a civilian general aviation pilot requiring
certification and needing transportation from the plane to the testing
facility, a non-Government person performing volunteer work on behalf of
the FAA, etc.);

f\. drivers must operate the vehicle in a safe and prudent manner at all
times, obey all speed limits and other laws, use seat belts and require
all passengers to use seat belts. They must ensure that the vehicles and
keys are secured when left unattended;

g\. drivers must immediately report any vehicle accident involving
damage or personal injury or any vehicle in unsafe driving condition,
whether or not as the result of an accident. Drivers may be personally
responsible for accidents involving misconduct.

Drivers will maintain all required records of miles driven by locations
and dates. Vehicles will normally be dispatched and returned full of gas
and oil.

**H.58.0 LISTING OF MANDATORY FLOW DOWN SUBCONTRACT **

** PROVISIONS .58.0 LISTING OF MANDATORY FLOW DOWN SUBCONTRACT
PROVISIONS.58.0 LISTING OF MANDATORY FLOW DOWN SUBCONTRACT PROVISIONS**

As applicable per the usage column below, the following provisions are
mandatory subcontractor flow down items in any solicitation issued by
the prime contractor seeking

subcontractors to assist with the TSSC-II work efforts. Prime
contractors will ensure that

these provisions are contained within any and all subcontracts awarded
in support of the TSSC-II.

In addition, as applicable per FAR, the construction clauses contained
in Section I.4.0 will also be mandatory flowdown provisions for
Davis-Bacon Act subcontracting efforts.

Sol. Provision Title and Date Usage

Ref.

H.8 N/A Subcontractors/ Include in all subcontracts

Consultants/

Interdivisionals

H.24 N/A Labor Categories Include in all subcontracts

H.33 N/A Liaison Agreements Include in all subcontracts

\> \$10,000 (except Davis- Bacon)

H.34 N/A Confidentiality of Data Include in all subcontracts

and Information

H.36 N/A Organizational Conflicts Include in all subcontracts of
Interest Matrix for (except Davis- Bacon)

FAA Support Contracts

H.55 N/A GIDEP Program Include in all subcontracts

\> \$500,000

H.57 N/A Contractor Use of Special Include in all subcontracts if

Purpose and/or Interagency subcontractor's employees

Fleet Management System are to drive special purpose

(IFMS) Vehicles and/or IFMS vehicles

Sol. Provision Title and Date Usage

Ref.

Sect I FAR52.203-6 Restrictions on Include in all subcontracts
Subcontractor Sales

to the Government

(Jul 85)

FAR52.203-7 Anti-Kickback Procedures Include in all subcontracts (Oct
88)

FAR52.203-8 Requirement for Certificate Include in all subcontracts

of Procurement Integrity \> \$100,000

(Nov 90)

FAR52.203-9 Requirement for Include in all subcontracts

Certificate of \> \$100,000

Procurement Integrity-

Modification (Nov 90)

Sol. Provision Title and Date Usage

Ref.

FAR52.203-11 Certification and Include in all subcontracts

Disclosure Regarding

Payments to Influence

Certain Federal

Transactions (Apr 91)

FAR52.204-2 Security Requirements Include in all subcontracts

Apr 84) involving access to

classified information

FAR52.214-28 Subcontractor Cost or Include in all subcontracts

Pricing Data-Modifications \> \$500,000

-Sealed Bidding

FAR52.215-1 Examination of Records Include in all first tier

by Comptroller General subcontracts

(Apr 84)

Sol. Provision Title and Date Usage

Ref.

FAR52.215-2 Audit-Negotiation Include in all subcontracts

(Dec 89) \> \$10,000

FAR52.215-22 Price Reduction for Include in all negotiated

Defective Cost or subcontracts expected to

Pricing Data (Jan 91) exceed \$500,000

FAR52.215-24 Subcontractor Cost and Include in all negotiated

Pricing Data (Apr 84) subcontracts expected to

exceed \$500,000

FAR52.215-25 Subcontractor Cost and Include in all negotiated

Pricing Data - subcontracts expected to

Modifications (Dec 91) exceed \$500,000

FAR52.215-27 Termination of Defined Include in all subcontracts

Benefit Plans (Sep 89) meeting FAR requirements in

15.804-8(e)

Sol. Provision Title and Date Usage

Ref.

FAR52.215-39 Reversion or Adjustment Include in all subcontracts

of Plans for Post meeting FAR requirements in

Retirement Benefits 15.804-8(f)

Other than Pensions

(PRB) (Jul 91)

FAR52.219-8 Utilization of Small Include in all subcontracts

Business Concerns and that offer further

Small Disadvantaged subcontracting

Business Concerns opportunities

(Feb 1990)

FAR52.219-9 Small Business and Include in all subcontracts Small
Disadvantaged \> \$500,000

Business Subcontracting

Plan (Jan 1991)

Sol. Provision Title and Date Usage

Ref.

FAR52.220-4 Labor Surplus Area Include in all subcontracts

Subcontracting Program \> \$500,000

(Apr 84)

FAR52.222-1 Notice to the Government Include in all subcontracts

of Labor Disputes

(Apr 84)

FAR52.222-4 Contract Work Hours and Include in all subcontracts

Safety Standards Act \--

Overtime Compensation

FAR52.222-6 Davis-Bacon Act (Nov 92) Include in all construction

subcontracts \> \$2000

FAR52.222-7 Withholding of Funds Include in all construction

(Feb 88) subcontracts \> \$2000

Sol. Provision Title and Date Usage

Ref.

FAR52.222-8 Payrolls and Basic Include in all construction

Records (Feb 88) subcontracts \> \$2000

FAR52.222-9 Apprentices and Include in all construction

Trainees (Feb 88) subcontracts \> \$2000

FAR52.222-10 Compliance with Include in all construction

Copeland Act subcontracts \> \$2000

Requirements (Feb 88)

FAR52.222-11 Subcontracts (Labor Include in all construction

Standards) (Feb 88) subcontracts \> \$2000

FAR52.222-12 Contract Termination- Include in all construction Debarment
(Feb 88) subcontracts \> \$2000

FAR52.222-13 Compliance with Davis- Include in all construction

Bacon and Related Act subcontracts \> \$2000

Regulations (Feb 88)

Sol. Provision Title and Date Usage

Ref.

FAR52.222-14 Disputes Concerning Include in all construction

Labor Standards subcontracts \> \$2000

(Feb 88)

FAR52.222-15 Certification of Include in all construction

Eligibility (Feb 88) subcontracts \> \$2000

FAR52.222-26 Equal Opportunity Include in all subcontracts

(Apr 84) and purchase orders

FAR52.222-27 Affirmative Action Include in construction

Compliance Requirements subcontracts \> \$10,000

for Construction

(Apr 84)

FAR52.222-28 Equal Opportunity Include in all subcontracts

Preaward Clearance of \> \$1,000,000

Subcontracts (Apr 84)

Sol. Provision Title and Date Usage

Ref.

FAR52.222-35 Affirmative Action for Include in all subcontracts

Special Disabled and and purchase orders

Vietnam Era Veterans \>\$10,000

(Apr 84)

FAR52.222-36 Affirmative Action for Include in all subcontracts

Handicapped Workers and purchase orders \> \$2500

(Apr 84)

FAR52.222-37 Employment Reports on Include in all subcontracts

Special Disabled and purchase orders

Veterans and Veterans \>\$10,000

of the Vietnam Era

(Jan 88)

FAR52.222-41 Service Contract Act Include in all subcontracts

of 1965, as Amended subject to the Act

(May 89)

Sol. Provision Title and Date Usage

Ref.

FAR52.223-2 Clean Air and Water Include in all subcontracts

(Apr 84)

FAR52.225-5 Buy American Act- Include in all construction

Construction Materials subcontracts

(May 92)

FAR52.227-1 Authorization and Include in all subcontracts

Consent (Apr 84) \> \$25,000

FAR52.227-2 Notice and Assistance Include in all subcontracts

Regarding Patent and \> \$10,000

Copyright Infringement

(Apr 84)

FAR52.229-2 North Carolina State Include in all construction

and Local Sales and Use subcontracts to be performed

Tax (Apr 84) in North Carolina

Sol. Provision Title and Date Usage

Ref.

FAR52.229-3 Federal, State, and Include in all subcontracts

Local Taxes (Jan 91) \> \$25,000

FAR52.229-5 Taxes - Contracts Include in all subcontracts

Performed in U.S. \> \$25,000

Possessions or Puerto

Rico ( Jan 91)

FAR52.230-5 Administration of Cost Include in all subcontracts

Accounting Standards subject to CAS clause or

(Aug 92) Consistency of Cost

Accounting Practices clause

FAR52.244-2 Subcontracts (Cost- See FAR 52.244-2(i) (1)&(2)

Reimbursement and Letter and 52.244-2 (j) for flow-

Contracts) (Jul 1985) down requirements

Sol. Provision Title and Date Usage

Ref.

FAR52.246-25 Limitation of Liability- Include in all subcontracts

Services (Apr 84) \> \$25,000

FAR52.248-1 Value Engineering Include in all subcontracts

(Mar 89) \> \$100,000

FAR 52.251-2 Interagency Fleet Management Include in all subcontracts if

System (IFMS) Vehicles and subcontractor's employees

Related Services (Jan 91) are to drive special purpose

and/or IFMS vehicles

TAR1252.223-71 Accident and Fire Include in all subcontracts

Reporting (Apr 84)

Sect K FAR52.223-1 Clean Air and Water Include in all subcontracts

Certification (Apr 84)

Any clause not listed within this provision, which is otherwise a
requirement under the Contract and in fact applies to subcontractors,
shall also be included as a mandatory flow down provision to
subcontracts, as applicable.

**END OF PART I - SECTION H**