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Document Sample
Change Request Cover
Sheet
Change request number: 02-07
Title: Prescription Matrix
Type: Clause Change Section
Description of Change: An update of the clause prescription matrix.
Reason for Change: Provide up to date information.
Target Audience: All contracting officers.
Date Received: 12/18/01
Originator: Tim Ashley
Office: ASU-110
Phone: 267-8554
What Pushes this Change: The desire to reflect accurate information.
Timeframe for the Change: N/A
Briefing Planned: No
ASAG Responsibilities: None
FAA Acquisition Management System
Clause Prescriptions
January 2002
This table includes prescriptions for FAA provisions and clauses, which should be used
when preparing screening information requests (SIR‘s) and contracts. Clauses and
provisions may be incorporated by reference by listing the clause number, title, and
1
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription Decem
complete date of issuance or last revision. Provisions or clauses which require the
Contracting Officer to fill-in information shall be included in full text with the appropriate
information filled-in. The Contracting Officer, with legal concurrence, may modify
provisions and clauses. Any modified provision or clause shall be included in full text.
Also, certain provisions and clause are strongly recommended because they include
important terms and conditions necessary to ensure rights and obligations of the parties are
properly stated; these provisions and clauses should be used when applicable.
The following letter codes are used in this table:
P - Provision. Applies to preaward and is used in screening information requests
only.
C - Clause. Applies to both preaward and post award and is used in both screening
information requests and contracts.
R - Required. The particular provision or clause shall be used when applicable
because the FAA remains subject to the underlying statute, regulation, executive order, or
policy. Also, certain provisions and clauses, e.g., contract disputes, termination for default,
etc., are necessary for a legally sufficient document and shall be used when applicable.
X - Certification/Representation/Information. The particular provision or clause
requires offerors or contractors to fill-in information. These provisions or clauses shall be
used in full text.
THE DATA DISPLAYED IN THIS ATTACHMENT IS FOR INFORMATIONAL
PURPOSES. WHEN THERE IS A DISCREPANCY BETWEEN WHAT IS
DISPLAYED IN THIS DOCUMENT AND WHAT IS IN THE CONTRACT
WRITING DATABASE, THE CONTRACT WRITING DATABASE SHALL
PREVAIL.
2
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.1-1 Clauses and Provisions C R Shall be used in all SIR‘s or contracts solicited or awarded under the FAA
Incorporated by Reference Acquisition Management System which includes provisions or clauses by
reference.
3.1.7 ORGANIZATIONAL
CONFLICT OF INTEREST
3.1.7-1 Exclusion from Future Agency C R Shall be used in all SIR‘s and contract when the Contracting Officer has
Contracts determined an organizational conflict of interest exists.
3.1.7-2 Organizational Conflict of Interest C R Shall be used in all SIR‘s and contract when the Contracting Officer has reason to
believe an organizational conflict of interest could occur.
3.1.7-3 Organizational Conflict of Interest P R Shall be used in all SIR's where a potential or actual conflict could exist in the
SIR Provision resulting contract.
3.1.7-4 Organizational Conflict of Interest P May be used in place of 3.1.7-3 when appropriate.
SIR Provision - Short Form
3.1.7-5 Disclosure of Conflicts of Interest P Shall be used in all SIRS, contracts and Broad Agency Announcements for
research and development.
3.1.8 PROCUREMENT
INTEGRITY ACT
Use in all SIRs and Contracts $5,000,000 and above
3.1.8-1 Cancellation, Recission and C R
Recovery of Funds for Illegal or
Improper Activity
Use in all SIRs and contracts $5,000,000 and above
3.1.8-2 Price or Fee Adjustment for Illegal C R
or Improper Activity
3
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.2.2.3 SOURCE SELECTION
3.2.2.3-1 False Statements in Offers P R Shall be used in all SIR‘s.
3.2.2.3-2 Minimum Offer Acceptance P X Should be used in SIR‘s in which the Government specifies a minimum acceptance
Period period. The Contracting Officer should insert appropriate information in the
provision.
3.2.2.3-3 Affiliated Offerors P Should be used in SIR‘s if the Contracting Officer determines that disclosure of
affiliated bidders is necessary to prevent practices prejudicial to effective
competition, such as multiple offers.
3.2.2.3-4 Samples P Should be used in SIR‘s if product samples are required to show the characteristics
of an offered product. The Contracting Officer should insert appropriate
information in the provision.
3.2.2.3-5 Descriptive Literature P X Should be used in SIR‘s if descriptive literature is required to evaluate the technical
acceptability of an offered product, or the required information will not be readily
available unless it is submitted by offerors. The Contracting Officer should insert
appropriate information in the provision.
3.2.2.3-6 Submittals in the English P Should be used in SIR‘s subject to the North America Free Trade Agreements
Language Implementation Act. May be used in other SIR‘s at the discretion of the
Contracting Officer
3.2.2.3-7 Submittals in U.S. Currency P Should be used in SIR‘s subject to the North America Free Trade Agreements
Implementation Act. May be used in other SIR‘s at the discretion of the
Contracting Officer
4
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.2.2.3-8 Audit and Records C Should be used in SIR‘s and contracts that may involve contractor submission of
cost or pricing data for the basic award or subsequent modifications, except (a) for
commercial items and (b) for utility services at rates not exceeding those
established to apply uniformly to the general public, plus any applicable,
reasonable connection charge
3.2.2.3-9 Notice of Possible Standardization P May be used in SIR‘s for supplies that subsequently might be standardized
3.2.2.3- Type of Business Organization P X May be used in all SIR‘s.
10
3.2.2.3- Unnecessarily Elaborate P May be used in all SIR‘s.
11 Submittals
3.2.2.3- Amendments to Screening P R Shall be used in all SIR‘s.
12 Information Requests
3.2.2.3- Submission of Information/ P May be used in all SIR‘s to instruct offerors of general requirements for submittals.
13 Documentation/ Offers
3.2.2.3- Late Submissions, Modifications, P R Shall be used in all SIR‘s issued in the U.S. and Canada and exact times and dates
14 and Withdrawals of Submittals for offeror submissions are necessary.
3.2.2.3- Authorized Negotiators P X May be used in all SIR‘s.
15
3.2.2.3- Restriction on Disclosure and Use P R Shall be used in all SIR‘s.
16 of Data
3.2.2.3- Preparation of Offers P May be used in all SIR‘s.
17
3.2.2.3- Explanation to Prospective P May be used in all SIR‘s.
18 Offerors
3.2.2.3- Contract Award P R Shall be used in all SIR‘s.
19
5
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.2.2.3- Telegraphic Submittals P May be used in SIR‘s
20
3.2.2.3- Facsimile Submittals P May be used in SIR‘s. The Contracting Officer should insert appropriate
21 information in the provision.
3.2.2.3- Period for Acceptance of Offer P X Should be used in all SIR‘s not issued on an SF 33 or SF 1447, except when the
22 FAA specifies a minimum acceptance period.
3.2.2.3- Place of Performance P X Should be used in all SIR‘s, except those in which the place of performance is
23 specified by the FAA.
3.2.2.3- Changes or Additions to Make-or- C May be used in SIR‘s and contracts when a make-or-buy program is contemplated
24 Buy Program to be incorporated into the contract.
3.2.2.3- Price Reduction for Defective Cost C Should be used in all SIR‘s and contracts when it is contemplated that cost or price
25 or Pricing Data data will be required from the contractor or subcontractor.
3.2.2.3- Price Reduction for Defective Cost C Should be used in all SIR‘s and contracts when 3.2.2.3-25 was not previously used
26 or Pricing Data--Modifications in the existing contract and it is contemplated that cost or price data will be
required from the contractor or subcontractor to price contract modifications.
3.2.2.3- Subcontractor Cost or Pricing Data C Should be used in all SIR‘s and contracts when 3.2.2.3-25 is included..
27
3.2.2.3- Subcontractor Cost or Pricing C Should be used in all SIR‘s and contracts when clause 3.2.2.3-26 is included.
28 Data--Modifications
3.2.2.3- Integrity of Unit Prices C May be used in all SIR‘s and contracts except: (a) construction or architect-
29 engineer services, (b) utility services contracts where supplies are not required, (c)
contracts for petroleum products, and (d) service contracts where supplies are not
required..
3.2.2.3- Termination of Defined Benefit C Should be used in all SIR‘s and contracts when it is anticipated that certified cost
30 Pension Plans and pricing data will be required or when any preaward or postaward cost
determinations will be subject to FAA cost principles. .
6
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.2.2.3- Facilities Capital Cost of Money P Should be used in SIR‘s expected to result in contracts subject to the FAA cost
31 principles for commercial organizations.
3.2.2.3- Waiver of Facilities Capital Cost C Should be used in contracts when the prospective contractor does not propose
32 of Money facilities capital cost of money in its offer.
3.2.2.3- Order of Precedence C R Shall be used in all SIR‘s and contracts when contracting by negotiation and the
33 uniform contract format is used.
**Important Instructions to Contracting Officer: If using this clause in conjunction
with Clause 3.2.2.3-60, Specifications, Drawings and Material Submittals, a
conflict in precedence of documents may occur. To avoid this, assure that the
drawings are listed in the SIR/contract as attachments to the specifications and not
separately as ―other documents, exhibits, and attachments‖. Doing so will assure
that the drawings are equal in precedence to the specification and do not have
precedence over the specification.
3.2.2.3- Evaluation of Offers for Multiple P May be used in SIR‘s when it is determined that multiple awards might be made.
34 Awards
3.2.2.3- Annual Representations and P X May be used in SIR‘s if annual representations and certifications are utilized.
35 Certifications
3.2.2.3- Reversion or Adjustment of Plans P May be used in all SIR‘s and contracts when is anticipated that certified cost and
36 for Postretirement Benefits Other pricing data will be required.
Than Pensions (PRB)
3.2.2.3- Notification of Ownership P R Shall be used in all SIR‘s and contracts when is anticipated that certified cost and
37 Changes pricing data will be required.
7
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.2.2.3- Requirements for Cost or Pricing P Should be used when requesting other information in lieu of cost and pricing data.
38 Data or Information Other Than The Contracting Officer should insert appropriate information in the provision.
Cost or Pricing Data
Alternate I P Should be used when requesting. offeror submissions via electronic media. The
Contracting Officer should insert appropriate information in the Alternate.
Alternate II P Should be used when an SF 1411 will not be required because an exception
applies, but other information in lieu of cost and pricing data. The Contracting
Officer should insert appropriate information in the Alternate.
3.2.2.3- Requirements for Cost or Pricing C Should be used in SIR‘s and contracts when other information in lieu of cost and
39 Data or Information Other Than pricing data will be required for pricing contract modifications. The Contracting
Cost or Pricing Data-- Officer should insert appropriate information in the clause.
Modifications
3.2.2.3- Precontract Costs C R Shall be used in contracts when an negotiated agreement is made for anticipated
40 costs to be incurred before the effective date of award.
3.2.2.3- Performance of Work by the C May be used in SIR‘s and contracts for fixed price construction. The Contracting
41 Contractor Officer should insert appropriate information in the clause.
3.2.2.3- Differing Site Conditions C May be used in SIR‘s and contracts when a fixed price construction contract or a
42 fixed price dismantling, demolition or removal of improvements contract is
contemplated.
3.2.2.3- Site Investigation and Conditions C May be used in SIR‘s and contracts when a fixed price construction contract or a
43 Affecting the Work fixed price dismantling, demolition or removal of improvements contract is
contemplated.
3.2.2.3- Physical Data C May be used in SIR‘s and contracts when a fixed price construction contract is
44 contemplated and physical data (e.g., test boring, hydrographic data, weather
conditions data) will be furnished or made available to offerors. The Contracting
Officer should insert appropriate information in the clause.
8
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.2.2.3- Material and Workmanship C May be used in SIR‘s and contracts for construction contracts.
45
3.2.2.3- Superintendence by the Contractor C May be used in SIR‘s and contracts when a fixed price construction contract or a
46 fixed price dismantling, demolition or removal of improvements contract is
contemplated.
3.2.2.3- Permits and Responsibilities C May be used in SIR‘s and contracts when a fixed price or cost reimbursement
47 construction contract or a fixed price dismantling, demolition or removal of
improvements contract is contemplated.
3.2.2.3- Other Contracts C May be used in SIR‘s and contracts when a fixed price construction contract or a
48 fixed price dismantling, demolition or removal of improvements contract is
contemplated and there is reasonable expectation of other work activities at the
work site during the term of the contract.
3.2.2.3- Protection of Existing Vegetation, C May be used in SIR‘s and contracts when a fixed price construction contract or a
49 Structures, Equipment, Utilities, fixed price dismantling, demolition or removal of improvements contract is
and Improvements contemplated.
3.2.2.3- Property Protection C May be used in SIR‘s and contracts when a fixed price construction contract or a
50 fixed price dismantling, demolition or removal of improvements contract is
contemplated.
Alternate I C May be used if hazardous wastes or materials will be involved. The Contracting
Officer should insert appropriate information in the clause.
3.2.2.3- Operations and Storage Areas C May be used in SIR‘s and contracts when a fixed price construction contract or a
51 fixed price dismantling, demolition or removal of improvements contract is
contemplated.
3.2.2.3- Use and Possession Prior to C May be used in SIR‘s and contracts when a fixed price construction contract is
52 Completion contemplated and there is reasonable probability for early possession.
9
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.2.2.3- Cleaning up and Roadway C May be used in SIR‘s and contracts when a fixed price construction contract or a
53 Maintenance fixed price dismantling, demolition or removal of improvements contract.
3.2.2.3- Accident Prevention C May be used in SIR‘s and contracts when a fixed price construction contract or a
54 fixed price dismantling, demolition or removal of improvements contract is
contemplated.
3.2.2.3- Availability and Use of Utility C May be used in SIR‘s and contracts when a fixed price construction contract or a
55 Services fixed price dismantling, demolition or removal of improvements contract is
contemplated, the contract is to be performed on Government sites, and the
Contracting Officer decides: (a) that the existing utility system(s) is adequate for
the needs of both the Government and the contractor; and (b) furnishing is in the
Governments best interest.
3.2.2.3- Schedules for Construction C May be used in SIR‘s and contracts when a fixed price construction contract is
56 Contracts contemplated and the period of actual work performance exceeds 60 days. The
clause is not applicable to term type (level of effort) contracts.
3.2.2.3- Quantity Surveys C May be used in SIR‘s and contracts when a fixed price construction contract
57 providing for unit pricing of items and for payment based on quantity surveys is
contemplated
3.2.2.3- Layout of Work C May be used in SIR‘s and contracts when a fixed-price construction contract is
58 contemplated and use of this clause is appropriate due to a need for accurate work
layout and for siting verification during work performance.
3.2.2.3- Organization and Direction of the C May be used in SIR‘s and contracts for cost reimbursement construction.
59 Work
3.2.2.3- Specifications, Drawings and C May be used in SIR‘s and contracts for fixed price construction.
60 Material Submittals
**Important Instructions to Contracting Officer: If using this clause in conjunction
with 3.2.2.3-33, Order of Precedence, please read prescription for that clause.
10
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
Alternate I C May be used when shop drawings are required and reproducibility is needed. The
Contracting Officer should insert appropriate information in the clause.
Alternate II C May be used shop drawings are required, but reproducibility is not required.
3.2.2.3- Responsibility of the Architect- C May be used in SIR‘s and contracts for fixed price architect and engineer services.
61 engineer Contractor
3.2.2.3- Preconstruction Conference C May be used in SIR‘s and contracts for construction.
62
3.2.2.3- Site Visit (Construction) P R Shall be used in SIR‘s which include the clauses at 3.2.2.3-42, ―Differing Site
63 Conditions,‖ 3.2.2.3-43, ― Site Investigations and Conditions Affecting the Work,‖
and an organized site visit will be conducted.. The Contracting Officer should
insert appropriate information in the provision.
3.2.2.3- Dismantling and Demolition of C May be used in SIR‘s and contracts for dismantling and demolition when title of
64 Property the property to be demolished will be transferred to the contractor at award.
3.2.2.3- Use of Explosives C May be used in SIR‘s and contracts for dismantling and demolition or construction
65 or other contracts where explosives may be used.
3.2.2.3- Contractor‘s Daily Log C May be used in SIR‘s and contracts for construction.
66
3.2.2.3- Special Precautions for Work at C R Shall be used in SIR‘s and contracts for work to be performed at an operating
67 Operating Airports airport.
3.2.2.3- Safety and Health C May be used in SIR‘s and contracts for construction.
68
Alternate I C May be used if the contractor will be required to identify hazards and develop a
safety plan. The Contracting Officer should insert appropriate information in the
clause.
11
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.2.2.3- Subcontracts C Should be used in SIR‘s and contracts when the CO wishes to review and approve
69 subcontracts.
Alternate I C Should be used when subcontracts could be for work with toxic or hazardous
waste.
3.2.2.3- Taxpayer Identification P R X Shall be used in all SIR‘s and contracts, unless the taxpayer identification number
70 has been previously obtained or is known.
3.2.2.3- Commencement, Prosecution and C May be used in SIR‘s and contracts for fixed price construction to state a
71 Completion of the Work commencement and completion date. The Contracting Officer should insert
appropriate information in the clause.
Alternate I C May be used in SIR‘s and contracts for fixed price construction to state a
commencement and completion date based upon an assumed date of receipt of
notice to proceed.
3.2.2.3- Announcement of Competing P R Shall be used in SIR‘s when offeror‘s names will be released to its competitors.
72 Offerors
3.2.2.7 CONTRACTOR
QUALIFICATIONS
3.2.2.7-1 Qualification Requirements C X Should be used in SIR‘s and contracts when acquisition is subject to qualification
requirements
(e.g., testing or demonstration) prior to award. The Contracting Officer should
insert appropriate information in the clause.
3.2.2.7-2 First Article Approval--Contractor C Should be used in SIR‘s and contracts when a fixed-price contract is contemplated
Testing with the contract requiring first article approval and the contractor performing the
testing. The Contracting Officer should insert appropriate information in the
clause.
12
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
Alternate I C Should be used if it is intended that the contractor be required to produce the first
article and the production quantity at the same facility. The Contracting Officer
should insert appropriate information in the clause.
Alternate II C Should be used when it is necessary to authorize the contractor to purchase
material or to commence production before first article approval. The Contracting
Officer should insert appropriate information in the clause.
3.2.2.7-3 First Article Approval-- C Should be used in SIR‘s and contracts when a fixed-price contract is contemplated
Government Testing and it is intended that the contract require first article approval and that the FAA
will be responsible for conducting the first article test. The Contracting Officer
should insert appropriate information in the clause.
Alternate I C Should be used when it is intended that the contractor be required to produce the
first article and the production quantity at the same facility.
Alternate II C Should be used when it become necessary to authorize the contractor to purchase
material or to commence production before first article approval. The Contracting
Officer should insert appropriate information in the clause.
3.2.2.7-4 RESERVED
3.2.2.7-5 RESERVED
3.2.2.7-6 Protecting the Government‘s C R Shall be used in all SIR‘s and contracts.
Interest when Subcontracting with
Contractors Debarred, Suspended,
or Proposed for Debarment
3.2.2.7-7 Certification Regarding P R X Shall be used in all SIR‘s and contracts.
Debarment, Suspension, Proposed
Debarment, and Other
Responsibility Matters
13
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.2.2.8 DESCRIBING FAA NEEDS
3.2.2.8-1 New Material C May be used in SIR‘s and contracts for supplies.
3.2.2.8-2 Variation in Quantity C May be used in SIR‘s and contracts when a fixed price supply contract is
contemplated for supplies and services that involve the furnishing of supplies. The
Contracting Officer should insert appropriate information in the clause.
3.2.2.8-3 Delivery of Excess Quantities C May be used in SIR‘s and contracts when a fixed price supply contract is
contemplated.
3.2.2.8.4 Variation in Estimated Quantities C May be used in SIR‘s and contracts when a fixed price construction contract is
contemplated that authorizes a variation in the estimated quantity of unit-priced
items.. The Contracting Officer should insert appropriate information in the
clause.
3.2.2.8-5 Liquidated Damages - C May be used in SIR‘s and contracts for construction, except construction on a cost-
Construction plus-fixed-fee basis. The Contracting Officer should insert appropriate information
in the clause.
3.2.2.8-6 Time of Delivery C May be used in SIR‘s and contracts, other than those for construction and architect-
engineering services, when the Government requires delivery by a specific time
and delivery schedule will be based upon a specific date of award. The Contracting
Officer should insert appropriate information in the clause.
Alternate I C May be used in SIR‘s and contracts other than those for construction and architect-
engineering services when the delivery schedule will be expressed in terms of
specific calendar dates or specific periods and is based upon an assumed date of
award.
14
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
Alternate II C May be used in SIR‘s and contracts other than those for construction and architect-
engineering services, when the delivery schedule will be expressed in terms of
specific calendar dates or specific periods and is based upon an assumed date the
contractor will receive notice of award.
Alternate III C May be used in SIR‘s and contracts other than those for construction and architect-
engineering services, when the delivery schedule will be based upon the actual date
the contractor receives a written notice of award.
3.2.2.8-7 Desired and Required Time of C May be used in SIR‘s and contracts other than those for construction and architect-
Delivery engineering services when the delivery schedule will be expressed in terms of a
specified time and the delivery schedule is based on the date of contract. The
Contracting Officer should insert appropriate information in the clause.
Alternate I C May be used in SIR‘s and contracts other than those for construction and architect-
engineering services when the delivery schedule will be expressed in terms of
specific calendar dates or specific periods and is based upon an assumed date of
award.
Alternate II C May be used in SIR‘s and contracts other than those for construction and architect-
engineering services when the delivery schedule is expressed in terms of specific
calendar dates or specific periods and is based on an assumed date the contractor
will receive notice of award.
Alternate III C May be used in SIR‘s and contracts other than those for construction and architect-
engineering services when the delivery schedule is to be based on the actual date
the contractor received a written notice of award.
3.2.3. COST ACCOUNTING
STANDARDS
15
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.2.3-1 Cost Accounting Standards C X Should be used in SIR‘s and contracts which are cost-type, subject to Cost
Notices and Certification Accounting Standards as specified in 48 CFR 99, Subpart 9903.201 with the
following exceptions: (a) contracts awarded on the basis of price alone; (b)
negotiated contracts and subcontracts under $500,000; (c) contracts and
subcontracts with small businesses; (d) in which price is set by law or regulation;
(e) for commercial items; (f) to be executed outside the U.S., its territories or
possessions; or (g) with educational institutions other than those to be performed
by Federally Funded Research and Development Centers.
3.2.3-2 Cost Accounting Standards C Should be used in SIR‘s and contracts which are cost-type, subject to Cost
Accounting Standards as specified in 48 CFR 99, Subpart 9903.201 with the
following exceptions: (a) contracts awarded on the basis of price alone; (b)
negotiated contracts and subcontracts under $500,000; (c) contracts and
subcontracts with small businesses; (d) in which price is set by law or regulation;
(e) for commercial items, (f) to be executed outside the U.S., its territories or
possessions, (g) with educational institutions other than those to be performed by
Federally Funded Research and Development Centers; (h) contracts and
subcontracts subject to modified CAS coverage in accordance with 48 CFR
9903.201-2 or (i) if clause 3.2.3-4‖ Consistency in Cost Accounting Practices‖ is
used.
16
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.2.3-3 Disclosure and Consistency of C Should be used in SIR‘s and contracts which are cost-type, where the offeror
Cost Accounting Practices certifies its eligibility for or is otherwise subject to modified Cost Accounting
Standards as specified in 48 CFR 99, Subpart 9903.201-2 with the following
exceptions: (a) contracts awarded on the basis of price alone; (b) negotiated
contracts and subcontracts under $500,000; (c) contracts and subcontracts with
small businesses; (d) in which price is set by law or regulation; (e) for commercial
items; (f) to be executed outside the U.S., its territories or possessions; or (g) with
educational institutions other than those to be performed by Federally Funded
Research and Development Centers.
3.2.3-4 Consistency in Cost Accounting C Should be used in SIR‘s and contracts that are exempt from clause 3.2.3-2 solely
Practices on the basis that contract is awarded to a United Kingdom contractor to be
performed substantially in the United Kingdom.
3.2.3-5 Administration of Cost C Should be used in SIR‘s and contracts that contain clause 3.2.3-2 ―Cost Accounting
Accounting Standards Standards‖ or clause 3.2.3-3 ―Disclosure and Consistency of Cost Accounting
Practices.‖
3.2.4 TYPES OF CONTRACTS
3.2.4-1 Type of Contract P Should be used in SIR‘s unless it is for information or planning purposes. The
Contracting Officer should insert appropriate information in the clause.
3.2.4-2 Fixed-Priced Contracts with C X Should be used in SIR‘s and contracts if the Contracting Officer determines that it
Economic Price Adjustment- is necessary to protect the contractor and the Government against significant
Standard Supplies fluctuations in labor or material costs or to provide for contractor price adjustments
in the event of changes in the contractor‘s established prices and: a. a fixed price
type contract is contemplated; and b. the requirement is for standard supplies that
have an established catalogue or market price.
17
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.2.4-3 Fixed-price Contracts with C X May be used in SIR‘s and contracts if the Contracting Officer determines that it is
Economic Price Adjustment- necessary to protect the contractor and the Government against significant
Semistandard Supplies fluctuations in labor or material costs or to provide for contractor price adjustments
in the event of changes in the contractor‘s established prices and: (a) a fixed price
type contract is contemplated; and (b) the requirement is for semistandard supplies
for which the prices can be reasonably related to the prices of nearly equivalent
standard supplies that have an established catalogue or market price. The
Contracting Officer should insert appropriate information in the clause.
3.2.4-4 Fixed-Price Contracts with C Should used in SIR‘s and contracts if the Contracting Officer determines that it is
Economic Price Adjustment-Labor necessary to protect the contractor and the Government against significant
and Material fluctuations in labor or material costs or to provide for contractor price adjustments
in the event of changes in the contractor‘s established prices and: (a) a fixed price
type contract is contemplated; (b) there is no major element of design engineering
or development work involved; and (c) one or more identifiable labor or material
cost factors are subject to change.
3.2.4-5 Allowable Cost and Payment C Should be used in SIR‘s and contracts when a cost-reimbursement contract is
contemplated
Alternate 1 C May be used in cost reimbursement contracts in existence prior to inception of this
alternate clause (April 2001)
3.2.4-6 Fixed Fee C Should be used in SIR‘s and contracts when a cost plus fixed fee contract (other
than facilities contract) is contemplated.
3.2.4.7 Fixed Fee-Construction C Should be used in SIR‘s and contracts when a cost plus fixed fee construction
contract is contemplated
3.2.4.8 Incentive Fee C Should be used in SIR‘s and contracts when a cost plus incentive fee contract
(other than facilities contract) is contemplated. The Contracting Officer should
insert appropriate information in the clause.
18
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.2.4-9 Cost Contract-No Fee C Should be used in SIR‘s and contracts when a cost reimbursement contract is
contemplated that provides no fee and is not a cost sharing contract or a facilities
contract.
3.2.4-10 Cost-Sharing Contract-No Fee C Should be used in SIR‘s and contracts when a cost sharing contract is contemplated
that provides no fee and is not a facilities contract
3.2.4-11 Allowable Cost and Payment- C Should be used in SIR‘s and contracts when a cost-reimbursement consolidated
Facilities facilities contract or a cost reimbursement facilities acquisition contract is
contemplated
Alternate I C Should be used if the contract is for facilities acquisition and the Contracting
Officer considers the Alternate appropriate.
3.2.4-12 Allowable Cost and Payment- C Should be used in SIR‘s and contracts when a cost-reimbursement facilities use
Facilities Use contract is contemplated
3.2.4-13 Predetermined Indirect Cost Rates C Should be used in SIR‘s and contracts when a cost-reimbursement research and
development contract with an educational institution is contemplated and
predetermined indirect cost rates are to be used
3.2.4-14 Incentive Price Revision-Firm C Should be used in SIR‘s and contracts when a fixed price incentive (firm target)
Target contract is contemplated. The Contracting Officer should insert appropriate
information in the clause.
Alternate I C Should be used when the contract calls for supplies or services to be issued under a
provisioning document or option and prices will be subject to incentive price
revisions.
3.2.4-15 Incentive Price Revision- C Should be used in SIR‘s and contracts when a fixed price incentive (successive
Successive Targets target) contract is contemplated. The Contracting Officer should insert appropriate
information in the clause.
19
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
Alternate I C Should be used when the contract calls for supplies or services to be issued under a
provisioning document or option and prices will be subject to incentive price
revisions.
3.2.4-16 Ordering C Should be used in SIR‘s and contracts when a definite quantity contract, a
requirements contract, or indefinite quantity contract is contemplated. The
Contracting Officer should insert appropriate information in the clause.
Alternate I C Should be used in cost reimbursable, indefinite quantity.
3.2.4-17 Order Limitations C Should be used in SIR‘s and contracts when a definite quantity contract, a
requirements contract, or indefinite quantity contract is contemplated. The
Contracting Officer should insert appropriate information in the clause.
3.2.4-18 Definite Quantity C R Shall be used in SIR‘s and contracts when a definite quantity contract is
contemplated. The Contracting Officer should insert appropriate information in the
clause.
3.2.4-19 Requirements C R Shall be used in SIR‘s and contracts when a requirements contract is
contemplated. The Contracting Officer should insert appropriate information in the
clause.
Alternate I C R Shall be used if the contract is for nonpersonal services and related supplies and
covers estimated requirements that exceed a specific Government activity‘s
internal capability.
Alternate II C R Shall be used if the contract includes subsistence for both Government use and
resale, and similar products may be acquired on a brand name basis.
Alternate III C R Shall be used if the contract involves a partial small business set-aside.
Alternate IV C R Shall be used if the contract includes subsistence for both Government use and
resale, and similar products may be acquired on a brand name basis and the
contract involves a partial small business set-aside.
20
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.2.4-20 Indefinite Quantity C R Shall be used in SIR‘s and contracts when an indefinite quantity contract is
contemplated. The Contracting Officer should insert appropriate information in the
clause.
3.2.4-21 Execution and Commencement of C May be used in SIR‘s and contracts when a letter contract is contemplated except
Work on letter contracts awarded on SF 26. The Contracting Officer should insert
appropriate information in the clause.
3.2.4-22 Limitation of Government C R Shall be used in SIR‘s and contracts when a letter contract is contemplated. The
Liability Contracting Officer should insert appropriate information in the clause.
3.2.4-23 Contract Price Definitization C May be used in SIR‘s and contracts when a letter contract is contemplated. The
Contracting Officer should insert appropriate information in the clause.
3.2.4-24 Payments of Allowable Costs C May be used in SIR‘s and contracts when a letter/ceiling priced contract is
Before Definitization contemplated and a cost reimbursement definitized contract is anticipated.
3.2.4-25 Single or Multiple Awards P Should be used in SIR‘s for indefinite quantity contracts that may result in multiple
contract awards. Do not use for advisory and assistance services contracts that
exceed 3 years and $10,000,000. Can be modified to specify the number of awards
anticipated.
3.2.4-26 Multiple Awards for Advisory and P Should be used in SIR‘s for task order contracts for advisory and assistance
Assistance Services services contracts that exceed 3 years and $10,000,000
3.2.4-27 Limitation of Price and Contractor C R Shall be used in SIR‘s and contracts when a multiyear contract or a multiyear
Obligations modified requirements contract is contemplated
3.2.4-28 Cancellation of Items C Should be used a multiyear contract is contemplated
Alternate I C Should be used a multiyear modified requirements contract is awarded for more
than one program year
3.2.4-29 Evaluation Exclusive of Options P Should be used in SIR‘s that include an option clause and do not include provision
3.2.4-30 - Evaluation of Options Exercised at Time of Contract Award or 3.2.4-31-
Evaluation of Options.
21
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.2.4-30 Evaluation of Options Exercised at P Should be used in SIR‘s that include an option clause and there is a reasonable
Time of Contract Award likelihood that the option will be exercised and the option may be exercised at time
of award.
3.2.4-31 Evaluation of Options P Should be used in SIR‘s that: (a) include an option clause; (b) the option will not
be exercised at time of award; (c) a firm fixed price contract, a fixed price contract
with economic price adjustment, or other type of contract; and (d) the CO has
determined that there is a reasonable likelihood that the option will be exercised.
The Contracting Officer should insert appropriate information in the provision.
3.2.4-32 Option for Increased Quantity C Should be used in SIR‘s and contracts, other than those for services, when the
option is expressed as a percentage of the basic contract quantity or as an
additional quantity of a specific line item. The Contracting Officer should insert
appropriate information in the provision.
3.2.4.33 Option for Increased Quantity - C be used in SIR‘s and contracts, other than those for services, when the option
Separately Priced Line Item quantity is identified as a separately priced line item having the same nomenclature
as a corresponding basic contract line item. The Contracting Officer should insert
appropriate information in the provision.
3.2.4-34 Option to Extend Services C Should be used in SIR‘s and contracts when inclusion of an option is appropriate.
3.2.4-35 Option to Extend the Term of the C Should be used in SIR‘s and contracts when it is necessary to include a
Contract requirement that the FAA give the contractor a preliminary written notice of its
intent to extend the contract, a stipulation that an extension of the option, and/or a
specified limitation on the total duration of the contract. The Contracting Officer
should insert appropriate information in the clause.
3.2.5 CONTRACTOR ETHICAL
GUIDELINES
3.2.5-1 Officials Not to Benefit C R Shall be used in SIR‘s and contracts (in accordance with 41 U.S.C. 22).
22
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.2.5-2 Independent Price Determination P R Shall be used in SIR‘s for firm fixed price or firm fixed price with economic price
adjustment if there is a possibility of price collusion among the offerors.
3.2.5-3 Gratuities or Gifts C R Shall be used in SIR‘s and contracts.
3.2.5-4 Contingent Fees C R Shall be used in SIR‘s and contracts.
3.2.5-5 Anti-Kickback Procedures C R Shall be used in SIR‘s and contracts (in accordance with (41 U.S.C. 51-58).
3.2.5-6 Restrictions on Subcontractor C May be used in SIR‘s and contracts expected to include subcontracts.
Sales to the FAA
Alternate I C May be used when the acquisition is for commercial items.
3.2.5-7 Disclosure Regarding Payments to C R Shall be used in SIR‘s and contracts expected to exceed $100,000 (in accordance
Influence Certain Federal with 31 U.S.C. 1353).
Transactions
3.2.5-8 Whistleblower Protection for C R Shall be used in SIR‘s and contracts.
Contractor Employees
3.2.5-9 RESERVED
3.2.5-10 RESERVED
3.2.5-11 Drug Free Workplace C R Shall be used in SIR‘s and contracts (in accordance with 41 U.S.C. 701) unless the
resultant contract: (a) is to be performed entirely outside the United States, its
territories, and its possessions; (b) is for law enforcement agencies, and the head of
the law enforcement agency or designee involved determines that application of the
clause requirements would be inappropriate in connection with the law
enforcement agency‘s undercover operations, or (c) the clause requirements would
be inconsistent with the international obligations of the United States or with the
laws and regulations of a foreign country.
3.2.5-12 Notice of Employment of Former C R X Shall be used in SIR‘s and contracts for services.
United States Government
Employees (Service Contracts)
23
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.3.1. CONTRACT FUNDING,
FINANCING AND PAYMENT
3.3.1-1 Payments C Should be used in SIR‘s and contracts when a fixed price supply contract, fixed
price service contract or a contract for nonregulated communications services is
contemplated
3.3.1-2 Payments under Fixed-Price C Should be used in SIR‘s and contracts for construction when a fixed price contract
Construction Contracts is contemplated
3.3.1-3 Payments under Fixed-Price C Should be used in SIR‘s and contracts when a fixed price architect-engineering
Architect-Engineer Contracts contract is contemplated
3.3.1-4 Payment under Communication C Should be used in SIR‘s and contracts for regulated communication services by
Service Contracts with Common common carriers
Carriers
3.3.1-5 Payments under Time-and- C Should be used in SIR‘s and contracts when a time and materials or labor hour
Materials and Labor-Hour contracts contemplated
Contracts
Alternate I C Should be used when the work to be performed requires the contractor to furnish
material that is regularly sold to the general public in the normal course of
business, material is: (a) less than 20% of the contract price;(b) identified in the
contract; and c. excluded from profit in the hourly rate, and the contract states
material prices will be based on catalog/list prices which do not exceed prices for
most favored customers.
Alternate II C Should be used if a labor hour contract is contemplated and if no specific
reimbursement for materials furnished is intended.
Alternate III C May be used in time and material or labor hour contracts in existence prior to
inception of this alternate clause (April 2001).
24
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.3.1-6 Discounts for Prompt Payment C May be used in SIRs and contracts when a fixed price supply contract or fixed
price service contract is contemplated
3.3.1-7 Limitation on Withholding of C May be used in SIR‘s and contracts when a supply contract, research and
Payments development contract, service contract, time and materials contractor labor hour
contract is contemplated that includes two or more terms authorizing the temporary
withholding of amounts otherwise payable to the contractor for supplies delivered
or services performed.
3.3.1-8 Extras C May be used in SIR‘s and contracts when a fixed price supply contract, fixed price
service contract or a transportation contract is contemplated.
3.3.1-9 Interest C R Shall be used in SIR‘s and contracts that are not cost reimbursement, time and
materials or labor hour. In addition, use of the clause is optional if the contract
falls into one of the following categories: (a) contracts at or below $100,000; (b)
contracts with Government agencies; (c) contracts with a state or local government
or instrumentality; (d) contracts with a foreign government or instrumentality; (e)
contracts without any provision for profit or fee with a nonprofit organization; (f)
contracts for paid advertisements; or (g) any other exceptions authorized under
FAA procedures.
3.3.1-10 Availability of Funds C R Shall be used in SIR‘s and contracts (in accordance with 31 U.S.C. 1341) if the
contract will be chargeable to funds of the new fiscal year and the contracting
action is to be initiated before the funds are available.
3.3.1-11 Availability of Funds for the Next C R Shall be used in SIR‘s and contracts (in accordance with 31 U.S.C. 1301 and 42
Fiscal Year U.S.C. 2459) if a one year indefinite quantity or requirements contract for services
is contemplated and the contract is:
a. funded by annual appropriations and; b. is to extend beyond the initial fiscal
year. The Contracting Officer should insert appropriate information in the clause.
25
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.3.1-12 Limitation of Cost C R Shall be used in SIR‘s and contracts (in accordance with 31 U.S.C. 1301 and 42
U.S.C. 2459) if a fully funded cost reimbursement contract is anticipated except
those for consolidated facilities, facilities acquisition, or facilities use whether or
not the contract provides for payment of a fee.
3.3.1-13 Limitation of Cost (Facilities) C R Shall be used in SIR‘s and contracts (in accordance with 31 U.S.C. 1301 and 42
U.S.C. 2459) for consolidated facilities, facilities acquisition or facilities use.
3.3.1-14 Limitation of Funds C R Shall be used in SIR‘s and contracts if an incrementally funded cost reimbursement
contract is contemplated
3.3.1-15 Assignment of Claims C Should be used in SIR‘s and contracts unless the contract will prohibit assignment
of claims.
Alternate I C Should be used if a no-setoff commitment has been authorized by the President
3.3.1-16 Prohibition of Assignment of C Should be used in SIR‘s and contracts when the Contracting Officer determines
Claims assignment of claims is not in the Government‘s interest
3.3.1-17 Prompt Payment C May be used in all SIR‘s and contracts except construction, fixed price architect-
engineer contracts, or when payment terms and late payment penalties are
established by other governmental authority (e.g., tariffs)
3.3.1-18 Prompt Payment for Fixed-Price C Should be used in SIR‘s and contracts which contain clause 3.3.1-3, Payments
Architect-Engineer Contracts under Fixed-Price Architect-Engineer Contracts
3.3.1-19 Prompt Payment for Construction C Should be used in SIR‘s and contracts which contain clause 3.3.1-2, Payments
Contracts under Fixed-Price Construction Contracts
3.3.1-20 RESERVED.
3.3.1-21 Financing Payment Terms for C May be used in SIR‘s and contracts for commercial supplies or services when
Purchases of Commercial Items financing payments are customary or in the best interest of the FAA.
3.3.1-22 Installment Payments C May be used in SIR‘s and contracts for commercial supplies or services when
financing payments are customary or in the best interest of the FAA.
26
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.3.1-23 Invitation to Propose Payment C May be used in SIR‘s and contracts for commercial supplies or services when
Terms financing payments are customary or in the best interest of the FAA.
3.3.1-24 Fast Payment Procedures C May be used in SIR‘s and contracts for supplies when: (a) it may not be possible
for the receiving location to make timely notice to payment office that the supplies
have been accepted; (b) title will vest in the Government upon either shipment or
receipt; (c) the supplier agrees to replace or repair supplies damaged in transit; and
(d) there are safeguards to ensure supplies are shipped, received, and acceptable.
3.3.1-25 Mandatory Information for C R Shall be used in SIR‘s and contracts (in accordance with 31 U.S.C. 3332), except
Electronic Funds Transfer for except for:
Payment (a) credit card purchases; (b) contracts awarded outside the U.S. and Puerto Rico;
(c) contracts denominated and paid in other than U.S. dollars; (d) classified
contracts; or (e) contracts executed by deployed Contracting Officers in the course
of military operations.
3.3.1-26 RESERVED
3.3.1-27 Invoices for Equipment Delivered C R Shall be used in all SIR‘s and contracts for equipment purchased with F&E funds.
3.3.1-28 Notice of Progress Payments P R Shall be used in fixed price SIR‘s that include a progress payment clause.
3.3.1-29 Notice of Availability of Progress P R Shall be used in fixed price SIR‘s that anticipate offers from small and other
Payments Exclusively for Small businesses and only small businesses would need progress payments.
Business Concerns
3.3.1-30 Progress Payments Not Included P R Shall be used in SIR‘s that will result in fixed price contracts and progress
payments will not be available.
3.3.1-31 Progress Payments C R Shall be used in SIR‘s and contracts that will be awarded on a fixed price basis and
will provide progress payments based upon cost.
Alternate I C R Shall be used in fixed price contracts with small business that will provide progress
payments based upon cost.
27
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
Alternate II C R Shall be used in fixed price letter contracts that will provide progress payments
based upon cost.
Alternate III May be used in fixed price contracts that provide progress payments based upon
cost that were in existence prior to inception of
this alternate clause (April 2001).
3.3.1-32 Performance Based Payments Shall be used in SIR's and contracts that will be awarded on a fixed price basis and
will provide performance based payments.
3.3.2. CONTRACT COST
PRINCIPLES
3.3.2-1 FAA Cost Principles C Should be used in all SIR‘s and contracts.
3.4.1 BONDS AND INSURANCE
3.4.1-1 Proposal Guarantee C May be used in SIR‘s and contracts when performance bonds are required or when
otherwise deemed by the CO to be in the best interest of the FAA.
3.4.1-2 Deposit of Assets Requirements C May be used in SIR‘s and contracts that allow assets to be used in support of bonds
in lieu of sureties.
3.4.1-3 RESERVED.
3.4.1-4 Performance Bond Requirements C R Shall be used in SIR‘s and contracts (in accordance with 40 U.S.C. 270(a))for
construction that are estimated to exceed $25,000, or may be included in other
contracts when deemed to be in the best interest of the FAA.
3.4.1-5 Payment Bond Requirements C R Shall be used in SIR‘s and contracts (in accordance with 40 U.S.C. 270(a)) for
construction, or may be included in other contracts when deemed to be in the best
interest of the FAA.
3.4.1-6 Additional Bond Security C R Shall be used in SIR‘s and contracts (in accordance with 40 U.S.C. 270(a)) for
construction be used in contracts that require any form of bonds.
28
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.4.1-7 Notice to Proceed C R Shall be used in SIR‘s and contracts that require bonds, guarantees, insurance or
other forms of protection for the FAA.
3.4.1-8 Patent Infringement Bond C R Shall be used in SIR‘s and contracts that have the potential for patent infringement.
Requirements
3.4.1-9 Deposit of Assets Instead of C R Shall be used SIR‘s and contracts that allow alternate assets to support bonds in
Surety Bonds lieu of sureties.
3.4.1-10 Insurance--Work on a Government C R Shall be used SIR‘s and contracts which are fixed price and the contractor may
Installation work at a Government installation.
3.4.1-11 Insurance--Liability to Third C R Shall be used in all SIR‘s and contracts which are: (a) fixed price, lease of motor
Persons vehicle contracts; (b) communication services contracts; (c) cost reimbursement
contracts for dismantling, demolition or removal of improvements; (d) indefinite
delivery contracts; or (e) in any contract where inclusion would be in the best
interest of the FAA.
3.4.1-12 Insurance C R Shall be used in SIR‘s and contracts if other than fixed price or in other contracts
where it is in the best interest of the FAA.
3.4.1-13 Errors and Omissions C R May be used in SIR‘s and contracts for professional services when in the best
interest of the FAA.
3.4.1-14 Liability and Insurance--Leased C R Shall be used in SIR's and contracts that include the leasing of motor vehicles.
Motor Vehicles
3.4.2. TAXES The following clauses are prescribed under the authority of 26 U.S.C. 4041.
29
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.4.2-1 State of New Mexico Gross C R Shall be used in SIR‘s and contracts when the contract is anticipated to be a cost
Receipts and Compensating Tax reimbursable contract, which directs or authorizes the contractor to acquire tangible
personal property as a direct cost under a contract and title to such property passes
directly to and vests in the United States upon delivery by the vendor and the
contract will be for services to be performed in whole or in part within the State of
New Mexico.
3.4.2-2 Taxes—Cost-Reimbursement C R Shall be used in SIR‘s and contracts when a cost-reimbursement contract is
Contracts with Foreign contemplated and the contract will be with a foreign government. The Contracting
Governments Officer should insert appropriate information in the clause.
3.4.2-3 Taxes—Foreign Cost- C R Shall be used in SIR‘s and contracts when a cost-reimbursement contract is
Reimbursement Contracts contemplated and the contract will be performed in whole or in part in a foreign
country, unless it is contemplated that the contract will be with a foreign
government. The Contracting Officer should insert appropriate information in the
clause.
3.4.2-4 Taxes—Fixed-Price Contracts C R Shall be used in SIR‘s and contracts which are fixed price and with a foreign
with Foreign Governments government. The Contracting Officer should insert appropriate information in the
clause.
3.4.2-5 Taxes—Foreign Fixed-Price C R Shall be used in fixed price SIR‘s and contracts expected to be performed partly or
Contracts wholly in a foreign country..
3.4.2-6 Taxes—Contracts Performed in C R Shall be used in SIR‘s and contracts which include clauses 3.4.2-7 or 3.4.2-8.
U.S. Possessions or Puerto Rico
3.4.2-7 Federal, State, and Local Taxes-- R Shall be used in SIR‘s and contracts in fixed-price noncompetitive contracts to be
Fixed-Price, Noncompetitive performed wholly or partly within the United States its possessions or Puerto Rico
Contract when satisfied the contract does not contain contingencies for state and local taxes.
30
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.4.2-8 Federal, State, and Local Taxes-- C R Shall be used in SIR‘s and contracts if the contract is to be performed wholly or
Fixed Price Contract partly within the United States, its possessions or Puerto Rico when a competitive
fixed price contract is contemplated.
3.4.2-9 North Carolina State and Local C R Shall be used in SIR‘s and contracts for construction to be performed in North
Sales and Use Tax--Construction Carolina.
Contracts
3.4.2-10 State and Local Taxes - Indefinite C R Shall be used in SIR‘s and contracts for leased equipment when a fixed-price
Delivery Contracts for Leased indefinite-delivery contract is contemplated, the contract will be performed wholly
Equipment or partly within the United States, its possessions or Puerto Rico, and the place or
places of delivery are not known at the time of contracting.
3.5 INTELLECTUAL PROPERTY
3.5-1 Authorization and Consent C Should be used in SIR‘s and contracts (including construction; architect
engineering services; dismantling, demolition, or removal of improvements; and
noncommon carrier communications) to the contract work is not halted because of
patent infringement lawsuit, except when both complete performance and delivery
are outside the United States, its possession, and Puerto Rico.
Alternate I C Should be used in SIR‘s and contracts for research and development (including
construction and architect engineering services exclusively for research and
development), except when both complete performance and delivery are outside
the United States, its possessions, and Puerto Rico. When the contract involves
R&D and supplies or services, and the R&D work is the primary purpose of the
contract, Alternate I should be used.
31
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
Alternate II C Should be used for communications services with a common carrier and the
services are unregulated and not priced by a tariff schedule set by a regulatory
body.
3.5-2 Notice and Assistance Regarding C Should be used in SIR‘s and contracts for supplies, services and research and
Patent and Copyright Infringement development (including construction and architect engineering services), except
when both complete performance and delivery are outside the United States, its
possessions, and Puerto Rico or when the contract indicates that the supplies or
other deliverables are ultimately to be shipped into one of those areas.
3.5-3 Patent Indemnity C Should be used in SIR‘s and contracts for supplies or services that normally are or
have been sold or offered for sale by any supplier to the public in the commercial
open market or are the same as such supplies or services with relatively minor
modifications, except when: (a) clause 3.5-1, Alternate I is included (except that
clause 3.5-3 may also be solely applied to supplies or services that have been sold
or offered for sale in the commercial market or are the same as such supplies or
services with relatively minor modification); (b) the supplies or services clearly are
not or have not been sold to the public in the commercial market (but clause 3.5-3
may be included if a patent owner contends that the planned acquisition would
result in patent infringement and the prospective contractor is willing to indemnify
the FAA without an increase in contract amount on the basis that the patent is
invalid or not infringed); (c) performance and delivery will be outside of the U.S.,
its possessions, or Puerto Rico or the contract specifies the supplies or deliverables
are ultimately to be shipped into one of those areas; or (d) the contract is solely for
architect engineering services. Recommend legal counsel be consulted regarding
applicability.
32
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
Alternate I C Should be used to identify specific parts, components, spare parts, or services that
are excluded from clause 3.5-3. The Contracting Officer should insert appropriate
information in the clause.
Alternate II C Should be used to identify specific parts, components, spare parts, or services that
clause 3.5-3 applies to. The Contracting Officer should insert appropriate
information in the clause
Alternate III C Should be used for communication services and facilities where performance is by
a common carrier and the services are unregulated and are not priced by a tariff
schedule set by a regulatory body.
3.5-4 Patent Indemnity-Construction C Should be used in SIR‘s and contracts for construction or fixed price dismantling,
Contracts demolition, or removal of improvements (subject to the same conditions as clause
3.5-3)
Alternate I C Should used to exclude clause 3.5-4 from nonstandard, noncommercial, or special
products, materials, equipment, or methods to be used. The Contracting Officer
should insert appropriate information in the clause.
3.5-5 Waiver of Indemnity C Should be used in SIR‘s and contracts when it is appropriate to exempt one or more
specific U.S. patents from the patent indemnity clause and it has been approved by
the Contracting Officer. The Contracting Officer should insert appropriate
information in the clause.
3.5-6 Royalty Information C Should be used in SIR‘s and contracts when a negotiated contract for which royalty
information is desired.
Alternate I C Should be used when the SIR is for communication services and facilities by a
common carrier.
33
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.5-7 Patents-Notice of Government C X Should be used in SIR‘s and contracts where the FAA is obligated to pay a royalty
Licensee on a patent involved in the prospective contract and offerors will be required to
submit information whether or not they are a licensee under the patent or are the
patent owner. The Contracting Officer should insert appropriate information in the
clause.
3.5-8 Refund of Royalties C Should be used in SIR‘s and contracts which are fixed price, contemplating such
contracts if the Contracting Officer determines that circumstances make it
questionable whether or not substantial amounts of royalties will have to be paid by
the contractor or a subcontractor at any tier. The clause should be modified for
incentive type contracts by substituting ―target cost and target profit‖ for ―price‖
wherever it appears.
3.5-9 Filing of Patent Applications- C May be used in SIR‘s and contracts which are classified and where the nature of
Classified Subject Matter the work or classified subject matter involved in the work reasonably might be
expected to result in a patent application containing classified subject matter.
3.5-10 Patent Rights-Retention by the C Should be used in SIR‘s and contracts for research and development if( the
Contractor (Short Form) contractor is a small business concern, nonprofit organization, or any other type of
contractor and; no alternative patent rights clause is used (i.e., clause 3.5-12).
Alternate I C Should be used when patent rights are for the benefit of a foreign government
under a foreign treaty or executive agreement, or if the agency head or a designee
determines at the time of contracting that it would be in the national interest to
acquire the right to sublicense foreign governments or international organizations
pursuant to an existing or future treaty or agreement. Alternate I may be
appropriately modified to effectuate the treaty or agreement.
Alternate II C Should be used in long term contracts.
Alternate III C Should be used in contracts with nonprofit organization for the operation of a
Government owned facility.
34
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
Alternate IV C Should be used in contracts for the operation of a Government owned facility.
3.5-11 Patent Rights-Retention by the C Should be used in SIR‘s and contracts if the contractor is other than a small
Contractor (Long Form) business firm or nonprofit organization and no alternative patent rights clause is
used.
Alternate I C Should be used when patent rights are for the benefit of a foreign government
under a foreign treaty or executive agreement, or if the agency head or a designee
determines at the time of contracting that it would be in the national interest to
acquire the right to sublicense foreign governments or international organizations
pursuant to an existing or future treaty or agreement.
Alternate II C Should be used in long term contracts.
3.5-12 Patent Rights-Acquisition by the C Should be used in SIR‘s and contracts if the work is to be performed outside the
Government US, its possessions, and Puerto Rico by contractors that are not small business
firms, nonprofit organizations, or domestic firms. The Contracting Officer may
presume that a contractor is not a domestic firm unless it is known that the firm is
not foreign owned, controlled or influenced.
Alternate I C Should be used when patent rights are for the benefit of a foreign government
under a foreign treaty or executive agreement, or if the agency head or a designee
determines at the time of contracting that it would be in the national interest to
acquire the right to sublicense foreign governments or international organizations
pursuant to an existing or future treaty or agreement. Alternate I may be
appropriately modified to effectuate the treaty or agreement.
Alternate II C Should be used if necessary to effectuate treaties or agreements to be entered into.
3.5-13 Rights in Data-General C Should be used in SIR‘s and contracts if it is contemplated that data (defined as
recorded information, regardless or form or media) will be produced, furnished, or
acquired under the contract.
35
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
Alternate I C Should be used when the contract does not require delivery of items, components,
or processes intended to be acquired by or for the use of the Government. Data
need not pertain to an item, component, or process, and were developed at private
expense and embody a trade secret or are commercial or financial and confidential
or privileged.
Alternate II C Should be used when the Contracting Officer determines it is necessary to require
delivery of limited rights data rather than allowing the contractor to withhold such
data.
Alternate III C Should be used when the Contracting Officer determines it is necessary to require
delivery of restricted computer software rather than allowing the contractor to
withhold such data.
Alternate IV C Should be used in basic contracts for applied research (other than those for the
management or operation of Government facilities, or where international
agreements require otherwise), to be performed solely by universities and colleges.
May also be used if blanket permission is granted for the contractor to establish
claim to copyright subsisting in all data first produced without further request
being made by the contractor.
Alternate V C Should be used when the Contracting Officer needs to have the right to inspect
certain data at a contractors facility.
3.5-14 Representation of Limited Rights P X Should be used in any SIR that contains the clause 3.5-13, Rights in Data -
Data and Restricted Computer General.
Software
3.5-15 Additional Data Requirements Should be used in SIR‘s and contracts involving experimental, developmental,
research, or demonstration work. Does not apply to basic or applied research to be
performed solely by a university or college unless all the requirements for data are
believed to be known at the time of contracting and specified in the contract.
36
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.5-16 Rights in Data-Special Works Should be used in SIR‘s and contracts primarily for the production or compilation
of data (other than limited rights data or restricted computer software) for the
Government‘s internal use, or when there is a specific need to limit distribution and
use of the data and/or to obtain indemnity for liabilities that may arise out of the
content, performance, or disclosure of the data.
3.5-17 Rights in Data-Existing Works Should be used in SIR‘s and contracts exclusively for the acquisition, without
modification, of existing audiovisual and similar works.
3.5-18 Commercial Computer Software- Should be used in SIR‘s and contracts for the acquisition of existing computer
Restricted Rights software, other than from GSA‘s Multiple Award Schedule contracts.
3.5-19 RESERVED
3.5-20 Technical Data Certification, C Should be used in SIR‘s and contracts for major systems.
Revision, and Withholding of
Payment--Major Systems
3.6.1. SMALL BUSINESS
UTILIZATION PROGRAM
3.6.1-1 Notice of Total Small Business C R Shall be used in SIR‘s and contracts involving total small business set-asides.
Set-Aside
3.6.1-2 Notice of Very Small Business C R Shall be used in SIR‘s and contracts involving small business set-asides restricted
Set-Aside to very small businesses.
3.6.1-3 Utilization of Small, Small C Should be used in SIR‘s and contracts when there are potential subcontracting
Disadvantaged and Women- opportunities.
Owned Small Business Concerns
3.6.1-4 Small, Small Disadvantaged and C Should be used in SIR‘s and contracts when there are potential subcontracting
Women-Owned Small Business opportunities.
Subcontracting Plan.
37
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.6.1-5 RESERVED.
3.6.1-6 Liquidated Damages-- C May be used in SIR‘s and contracts when there are potential subcontracting
Subcontracting Plan opportunities
3.6.1-7 Limitations on Subcontracting C R Shall be included used in SIR‘s and contracts if any portion of the requirement is to
be set aside for small businesses, very small businesses, or SEDB‘s.
3.6.1-8 Competition Limited to Eligible C R Shall be used in SIR‘s and contracts set-aside for competition among socially and
SEDB Concerns economically disadvantaged business (SEDB) concerns. CO to insert information
into the clause.
3.6.2. LABOR LAWS
3.6.2-1 Contract Work Hours and Safety C R Shall be used in SIR‘s and contracts (in accordance with 40 U.S.C. 327) when the
Standards Act-Overtime contract may require or involve the employment of laborers or mechanics.
Compensation However, the Contracting Officer may not include the clause in SIR‘s or contracts
for any contract under $2,500, any construction contract under $2,000, contracts
for commercial products, transportation, transmission of intelligence, foreign
contracts, contracts under the Walsh-Healey Public Contracts Act, or when
supplies are incidental to the service requirement or any other contract exempt
according to the Secretary of Labor.
3.6.2-2 Convict Labor C R Shall be used in SIR‘s and contracts except for: (a) contracts subject to Walsh-
Healey Public Contracts Act, (b) purchases from Federal Prison Industries; or (c)
acquisitions involving purchases from state prisons of finished supplies that may be
secured in the open market or from existing stocks, as distinguished from special
fabrication. .
38
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.6.2-3 Walsh-Healey Public Contracts P R X Shall be used in SIR‘s (in accordance with 41 U.S.C. 35-45) for the manufacture or
Act Representation furnishing of materials, supplies, articles and equipment in any amount exceeding
$10,000.
3.6.2-4 Walsh-Healey Public Contracts C R Shall be used in SIR‘s and contracts (in accordance with 41 U.S.C. 35-45) for the
Act manufacture or furnishing of materials, supplies, articles and equipment in any
amount exceeding $10,000.
3.6.2-5 Certification of Nonsegregated P R Shall be used in SIR‘s expected to exceed $10,000 and when the clause 3.6.2-9 will
Facilities be included..
3.6.2-6 Previous Contracts and P R X Shall be used in SIR‘s and contract when the clause 3.6.2-9 will be included..
Compliance Reports
3.6.2-7 Preaward On-Site Equal P R Shall be used in SIR‘s other than those for construction when contract clause
Opportunity Compliance Review 3.6.2.9 is used and the contract amount is expected to exceed $10 million.
3.6.2-8 Affirmative Action Compliance P R X Shall be used in SIR‘s, other than those for construction, when contract clause
3.6.2.9 is used.
3.6.2-9 Equal Opportunity C R Shall be used in SIR‘s and contract expected to exceed $10,000 unless the
Contracting Officer has obtained an exemption from all of the terms of the clause.
Alternate I C R Shall be used when the Contracting Officer has obtained a waiver of specific terms
of the clause. The Contracting Officer should insert appropriate information in the
clause.
3.6.2-10 Equal Opportunity Preaward C R Shall be used in SIR‘s and contracts, other than those for construction, when the
Clearance of Subcontracts amount of the contract is expected to exceed $10 million and other clauses
included in the contract, e.g., 3.10.2-1, will require consent or notification prior to
subcontracting.
3.6.2-11 Notification of Visa Denial C May be used in SIR‘s when contract clause 3.6.2.9 is used and the contractor is
required to perform in or on behalf of a foreign country.
39
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.6.2-12 Affirmative Action for Special C R Shall be used in SIR‘s and contracts expected to exceed $10,000, unless the work
Disabled and Vietnam Era will be performed outside the U.S. by non-U.S. employees or the Contracting
Veterans Officer has obtained an exemption from all of the terms of the clause..
Alternate I C R Shall be used when the Contracting Officer has obtained a waiver of specific terms
of the clause. The Contracting Officer should insert appropriate information in the
clause.
3.6.2-13 Affirmative Action for C R Shall be used in SIR‘s and contracts expected to exceed $2,500, unless the
Handicapped Workers Contracting Officer has obtained a waiver from all of the terms of the clause.
Alternate I C R Shall be used when the Contracting Officer has obtained a waiver of specific terms
of the clause.
3.6.2-14 Employment Reports on Special C R Shall be used in SIR‘s and contracts containing clause 3.2.6-12.
Disabled Veterans and Veterans of
Vietnam Era
3.6.2-15 Evaluation of Compensation for P R Shall be used in SIR‘s for negotiated service contracts when the services to be
Professional Employees provided include a meaningful number of professional employees.
3.6.2-16 Notice to the Government of C R Shall be used in contracts if the possibility of a labor conflict exists which could
Labor Disputes impact the performance of the contract.
3.6.2-17 Payment for Overtime Premiums C R Shall be used in SIR‘s and contracts when a cost reimbursement contract is
contemplated and the contract value is expected to exceed $100,000. The
Contracting Officer should insert appropriate information in the clause.
3.6.2-18 Davis Bacon Act C R Shall be used in SIR‘s and contracts (in accordance with 40 U.S.C. 276a et seq.),
for contracts over $2,000 for construction, alteration or repair of public buildings
or pubic works to be performed within the United States.
3.6.2-19 Withholding-Labor Violations C R Shall be used in SIR‘s and contracts for construction which are expected to exceed
$2,000.
40
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.6.2-20 Payrolls and Basic Records C R Shall be used in SIR‘s and contracts for construction which are expected to exceed
$2,000.
3.6.2-21 Apprentices, Trainees, and Helpers C R Shall be used in SIR‘s and contracts for construction which are expected to exceed
$2,000.
3.6.2-22 Subcontracts (Labor Standards) C R Shall be used in SIR‘s and contracts for construction which are expected to exceed
$2,000.
3.6.2-23 Certification of Eligibility C R Shall be used in SIR‘s and contracts for construction which are expected to exceed
$2,000.
3.6.2-24 Affirmative Action Compliance C R Shall be used in SIR‘s and contracts for construction which are expected to exceed
Requirements for Construction $10,000 and includes 3.6.2-9. The Contracting Officer should insert appropriate
information in the clause.
3.6.2-25 Reserved
3.6.2-26 Utilization of Indian Organizations C R Shall be used in SIR‘s and contracts (in accordance with 25 U.S.C. 1544) if clause
and Indian Owned Economic 3.6.1-4 will be included and there is potential for subcontracting with Indian and
Enterprises Indian owned businesses.
3.6.2-27 Service Contract Act of 1965, as C R Shall be used in SIR‘s and contracts (in accordance with 41 U.S.C. 351) for
Amended--Contracts of $2,500 or services if the contract is subject to the Act and is not expected to exceed $2,500.
Less
3.6.2-28 Service Contract Act of 1965, as C R Shall be used in SIR‘s and contracts (in accordance with 41 U.S.C. 351) for
Amended services if the contract is subject to the Act and is expected to exceed $2,500.
3.6.2-29 Statement of Equivalent Rates for C R Shall be used in SIR‘s and contracts for services if the contract is subject to the Act
Federal Hires and is expected to exceed $2,500 and equivalent rates for federal hires exist or can
be reasonably estimated. The Contracting Officer should insert appropriate
information in the clause.
41
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.6.2-30 Fair Labor Standards Act and C R Shall be used in SIR‘s and contracts for fixed price service contracts with multiple
Service Contract Act--Price year options, and will include clause 3.6.2-28.
Adjustment (Multiple Year and
Option Contracts)
3.6.2-31 Fair Labor Standards Act and C R Shall be used in SIR‘s and contracts for fixed price service contracts which are not
Service Contract Act-Price multiple year or contain options, and will include clause 3.6.2-28.
Adjustment
3.6.2-32 SCA Minimum Wages and Fringe C R Shall be used in SIR‘s and contracts for services if the clause 3.6.2-27 applies, the
Benefits (Applicable to Successor successor contract will be for substantially the same services in the same locality,
Contract Pursuant to Predecessor the incumbent contractor has a collective bargaining agreement, and a wage
Contractor Collective Bargaining determination has been requested, but not yet received. The Contracting Officer
Agreements (CBA)) should insert appropriate information in the clause.
3.6.2-33 Exemption from Application of C R Shall be used in SIR‘s for maintenance, calibration and/or repair of ADP, scientific
Service Contract Act Provisions and medical, and office and business, equipment if the Contracting Officer
(for Contracts for Maintenance, determines the resultant contract may be exempt from the Service Contract Act
Calibration, and/or Repair of based on the commercial nature of the services to be provided.
Certain ADP, Scientific and
Medical, and/or Office and
Business Equipment-Contractor
Certification)
3.6.2-34 Service Contract Act--Place of C R Shall be used in SIR‘s and contracts for services when the Contracting Officer
Performance Unknown believes that there may be offerors interested in performing in unidentified places
or areas. The Contracting Officer should insert appropriate information in the
clause.
3.6.2-35 Prevention of Sexual Harassment C R May be used in SIR‘s and contracts that will be performed at an FAA work
location.
42
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.6.3 ENVIRONMENTAL LAWS
3.6.3-1 Clean Air and Water Certification C R Shall be used in SIR‘s and contracts (in accordance with 42 U.S.C. 7401) which
includes clause
3.6.3-2.
3.6.3-2 Clean Air and Clean Water C R Shall be used in SIR‘s and contracts (in accordance with 33 U.S.C. 1251) expected
to exceed $100,000.
3.6.3-3 Hazardous Material Identification C R X Shall be used in SIR‘s and contracts expected to require the delivery of hazardous
and Material Safety Data materials.
3.6.3-4 Recovered Material Certification C R Shall be used in SIR‘s (in accordance with 42 U.S.C. 6901) that incorporate
specifications requiring the use of recovered materials.
3.6.3-5 Estimate of Percentage of P R Shall be used in SIR's (in accordance with 40 CFR, Chapter 1) where the
Recovered Material for Designated contractor may use EPA designated recovered materials.
Items to be Used in the
Performance of the Contract
Alternate I P R Shall be used in SIR‘s where the contractor may use FAA designated recovered
material.
Alternate II P R Shall be used in SIR‘s where the contractor may use EPA or FAA designated
recovered material.
3.6.3-6 Notice or Radioactive Materials C R Shall be used in SIR‘s and contracts that could involve use or handling or
radioactive material.
3.6.3-7 Waste Reduction Program C R Shall be used in all solicitations and contracts for contractor operation of
Government-owned or leased facilities.
43
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.6.3-8 Ozone-Depleting Substances C R X Shall be used in SIR‘s and contracts for ozone-depleting substances or for supplies
that may contain or be manufactured with ozone-depleting substances, except for
contracts to be performed outside the United States, its possessions, and Puerto
Rico.
3.6.3-9 Refrigeration Equipment and Air C R Shall be used in SIR‘s and contracts for services when the contract includes the
Conditioners maintenance, repair, or disposal of any equipment or appliance using ozone-
depleting substances as a refrigerant, such as air conditioners, including motor
vehicles, refrigerators, chillers, or freezers, except for contracts to be performed
outside the United States, its possessions, and Puerto Rico.
3.6.3-10 Certification of Toxic Chemical P R X Shall be used in SIR‘s for competitive contracts expected to exceed $100,000
Release Reporting (including all options) and competitive 8(a) contracts, unless it has been
determined in accordance with AMS Guidance 3.6.3.A.8d that to do so is not
practicable.
3.6.3-11 Toxic Chemical Release Reporting C R Shall be used in SIR‘s and contracts that contain the provision entitled Certification
of Toxic Chemical Release Reporting, if the contract is expected to exceed
$100,000 (including all options).
3.6.3-12 Asbestos Free Construction C R X Shall be used in contracts for construction, renovation and or modernization of
facilities. CO to insert information.
3.6.4. FOREIGN ACQUISITION
3.6.4-1 Waiver of Buy American Act for C R Shall be used in SIR‘s for the acquisition of civil aircraft and related articles.
Civil Aircraft and Related Articles
3.6.4-2 Buy American Act--Supplies C R Shall be used in SIR‘s and contracts (in accordance with 49 U.S.C. 10) for the
acquisition of supplies, or for services involving the furnishing of supplies for use
within the United States.
44
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.6.4-3 Buy American Act--Construction C R Shall be used in SIR‘s and construction contracts (in accordance with 49 U.S.C.
Materials 49101) except when 3.6.4-4 is used.
3.6.4-4 Buy American Act--Construction C R Shall be used in SIR‘s and contracts for construction with an estimated acquisition
Materials Under North American value of $6,500,000 or more.
Free Trade Agreement
3.6.4-5 Buy American--Steel and C R Shall be used in SIR‘s and contracts (in accordance with 49 U.S.C. 49101) if the
Manufactured Products procurement includes the acquisition of steel or manufactured products.
3.6.4-6 Balance of Payments Program C R Shall be used in SIR‘s and contracts for supplies or services for use outside the
United States unless the contract is for: (a) perishable subsistence; (b) involves an
end item that it is not feasible for a domestic firm to furnish; (c) ice, books,
utilities, or communications; (d) subsistence items for resale; (e) items required by
treaty; (f) petroleum products; (g) items paid for with near excess currency; (h) end
items from Panama; or (i) involves a NAFTA country.
3.6.4-7 RESERVED.
3.6.4-8 Buy American Act--NAFTA C R Shall be used in SIR‘s and contracts which the Contracting Officer determines are
Implementation Act--Balance of subject to NAFTA.
Payments Program
3.6.4-9 RESERVED.
3.6.4-10 Restrictions on Certain Foreign C R Shall be used in all SIR‘s and contracts.
Purchases
3.6.4-11 Inconsistency Between English C Should be used in SIR‘s and contracts when translation into another language is
Version and Translation of anticipated.
Contract
3.6.4-12 European Union Sanction for End C R Shall be used in SIR‘s and contracts for supplies less than $190,000.
Products
45
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.6.4-13 European Union Sanction for C Shall be used in SIR‘s and contracts for services less than $190,000, or regardless
Services of dollar value, contracts for: (a) transportation services, dredging, management
and operations of government-owned facilities; (c) motion pictures; (d) research
and development; (e) airport concessions; (f) legal services; (g) hotel and restaurant
services; (h) personnel services; (i) investigation and security services; (j)
education and training; (k) health and social services; (l) recreation and sporting
services; and (m) telecommunications services.
3.6.4-14 Balance of Payments Program- C R Shall be used in SIR‘s and contracts for construction contracts outside of the U.S.
Construction Materials-NAFTA and the Contracting Officer determines is subject to NAFTA.
3.6.4-15 Buy American Act Certificate P X Should be used in SIR‘s for supplies or services involving the furnishing of
supplies and clause 3.6.4-2 is used.
3.6.4-16 Balance of Payments Program P X Should be used in SIR‘s for supplies or services, contract performance will be
Certificate outside of the U.S. and clause 3.6.4-4-6 is used.
3.6.4-17 Buy American Act-NAFTA P X Should be used in SIR‘s for supplies when clause 3.6.4-8 is used.
Implementation Act-Balance of
Payments Certificate
3.7 PROTECTION OF PRIVACY
AND FREEDOM OF
INFORMATION
3.7-1 Privacy Act Notification C R Shall be used in SIR‘s and contracts (in accordance with 5 U.S.C. 552) when the
design, development or operation of a system of records on individuals is required
to accomplish an agency function.
3.7-2 Privacy Act C R Shall be used in SIR‘s and contracts (in accordance with 5 U.S.C. 552) when the
design, development or operation of a system of records on individuals is required
to accomplish an agency function.
46
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.8.2 SERVICE CONTRACTING
3.8.2-1 RESERVED
3.8.2-2 RESERVED
3.8.2-3 RESERVED
3.8.2-4 RESERVED
3.8.2-5 RESERVED
3.8.2-6 RESERVED
3.8.2-7 RESERVED
3.8.2-8 RESERVED
3.8.2-9 Site Visit P May be used in SIR‘s and contracts for services to be performed on Government
installations, except for construction.
3.8.2-10 Protection of Government C May be used in SIR‘s and contracts for services to be performed on Government
buildings, Equipment, and installations, except for construction.
Vegetation
3.8.2-11 Continuity of Services C Should be used in SIR‘s and contracts when the services under the contract are
considered vital to the Government and must be continued without interruption and
when upon contract expiration, a successor, either the Government or another
contractor, may continue them; and the Government anticipates difficulties during
the transition from one contractor to another or to the Government. (i.e. Services or
remote locations or requiring special security clearances)
3.8.2-12 Payment by Government to C May be used in SIR‘s and contracts for dismantling, demolition, or removal of
Contractor improvements whenever the Contracting Officer determines the Government shall
make payments to the contractor in addition to any title to property that the
contractor may receive under the contract. The Contracting Officer should insert
appropriate information in the clause.
47
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
Alternate I C May be used with the basic clause when the Contracting Officer determines that all
material resulting from the dismantling or demolition work is to be retained by the
Government.
3.8.2-13 Payment by Contractor to C May be used in SIR‘s and contracts for dismantling, demolition, or removal of
Government improvements whenever the contractor is to receive title to dismantled or
demolished property and a set amount of compensation is due to the Government,
except if the Contracting Officer determines that it would be advantageous to the
Government for the contractor to pay in increments then see Clause 3.8.2-14. The
Contracting Officer should insert appropriate information in the clause.
3.8.2-14 Incremental Payment by C May be used in SIR‘s and contracts for dismantling, demolition, or removal of
Contractor to Government improvements if (1) the contractor is to receive title to dismantled or demolished
property and a net amount of compensation is due the Government, and (2) the
Contracting Officer determines that it would be advantageous to the Government
for the contractor to pay in increments, and for the Government to transfer title to
the contractor for increments of property only upon receipt of those payments. The
Contracting Officer should insert appropriate information in the clause.
3.8.2-15 Indemnification and Medical C May be used in SIR‘s, contracts for nonpersonal health care services. The
Liability Insurance Contracting Officer should insert appropriate information in the clause.
3.8.2-16 Restriction on Severance payments C May be used in SIR‘s and contracts with Foreign Nationals when the Contracting
to Nationals Officer determines to limit the cost allowability of severance payments to foreign
nationals employed under a service contract performed outside the United States.
3.8.2-17 Key Personnel and Facilities C Should be used in SIR‘s and contracts when contractor selection will be based
substantially on having key personnel or facilities..
3.8.2-18 Certification of Data P X May be used in SIR‘s and contracts for training services, or other service contracts
if appropriate.
3.8.2-19 Prohibition on Advertising C May be used in SIR‘s and contracts for training services.
48
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.8.2-20 RESERVED
3.8.2-21 RESERVED
3.8.4 REQUIRED SOURCES OF
SUPPLIES/SERVICES
3.8.4-1 Vehicle Lease Payments C Should be used SIR‘s and contracts for leasing of motor vehicles, unless the motor
vehicles are leased in foreign countries.
3.8.4-2 Condition of Leased Vehicles C Should be used SIR‘s and contracts for leasing of motor vehicles, unless the motor
vehicles are leased in foreign countries.
3.8.4-3 Marking of Leased Vehicles C Should be used SIR‘s and contracts for leasing of motor vehicles, unless the motor
vehicles are leased in foreign countries.
3.8.4-4 Tagging of Leased Vehicles C May be used SIR‘s and contracts for vehicles leased over 60 days.
3.8.4-5 Government Supply Sources C May be used SIR‘s and contracts when the Contracting Officer may authorize the
contractor to acquire supplies or services from a Government supply source
Alternate I C May be used SIR‘s and contracts if a facilities contract is contemplated
3.8.4-6 Interagency Fleet Management C May be used SIR‘s and contract for a cost-reimbursement contract where the
System Vehicles and Related Contracting Officer may authorize the contractor to use interagency fleet
Services management system vehicles and related services.
3.9.1 RESOLUTION OF PROTESTS The clauses provided in this section shall be included in all FAA SIR‘s and
AND DISPUTES contracts. These clauses shall not be modified unless AGC-500 has first
concurred.
3.9.1-1 Contract Disputes C R Shall be used in all SIR‘s and contracts.
3.9.1-2 Protest After Award C R Shall be used in all SIR‘s and contracts.
3.9.1-3 Protest P R Shall be used in all SIR‘s.
49
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.10.1. CONTRACT
ADMINISTRATION
3.10.1-1. Notice of Intent To Disallow Costs C Should be used in SIR‘s and contracts other than firm fixed price, when cost-
reimbursement, or fixed-price incentive contracts are contemplated.
3.10.1-2 Production Progress Reports C May be used in SIR‘s and contracts when production progress reporting will be
required.
3.10.1-3 Penalties for Unallowable Costs C Should be used in SIR‘s and contracts when reimbursement and incentive type
contracts are contemplated.
3.10.1-4 FOB Origin--Government Bills of C Should be used in SIR‘s and contracts when f.o.b. origin shipments are to be made
Lading or Prepaid Postage using FAA bills of lading or prepaid postage.
3.10.1-5 FOB Government Bills of Lading C May be used in SIR‘s and contracts when f.o.b. origin shipments are to be made
or Indicia Mail using FAA bills of lading or indicia mail.
3.10.1-6 Nonrefundable, Nonrecurring C May be used in SIR‘s and contracts when the FAA is required to pay a
Service Charge nonrefundable, nonrecurring membership fee.
3.10.1-7 Bankruptcy C R Shall be used in all SIR‘s and contracts.
3.10.1-8 Suspension of Work C R Shall be used in SIR‘s and contracts when a fixed-price construction or architect-
engineer contract is contemplated.
3.10.1-9 Stop-Work Order C R Shall be used in SIR‘s and contracts for supplies, services, or research and
development.
Alternate I C R Shall be used in SIR‘s and contracts which are cost reimbursement.
3.10.1- Stop-Work Order--Facilities C R Shall be used in SIR‘s and contracts when a facilities acquisition contract or a
10 consolidated facilities contract is contemplated.
3.10.1- Government Delay of Work C R Shall be used in SIR‘s and contracts when a fixed-price contract is contemplated.
11
50
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.10.1- Changes--Fixed-Price C R Shall be used in all SIR‘s and contracts when fixed-price contracts for supplies are
12 contemplated.
Alternate I C R Shall be used in SIR‘s and contracts for services (other than architect-engineer or
other professional services) and no supplies will be furnished.
Alternate II C R Shall be used in SIR‘s and contracts for services (other than architect-engineer,
transportation, or research and development) and supplies will be furnished.
Alternate III C R Shall be used in SIR‘s and contracts for architect-engineer or other professional
services.
Alternate IV C R Shall be used in SIR‘s and contracts for transportation services.
Alternate V C R Shall be used in SIR‘s and contracts for research and development.
3.10.1- Changes--Cost-Reimbursement C R Shall be used in all SIR‘s and contracts for supplies.
13
Alternate I C R Shall be used in SIR‘s and contracts for services and no supplies will be furnished.
Alternate II C R Shall be used in SIR‘s and contracts for services and supplies will be furnished.
Alternate III C R Shall be used in SIR‘s and contracts for construction.
Alternate IV C R Shall be used in SIR‘s and contracts for a facilities contract.
Alternate V C R Shall be used in SIR‘s and contracts when a research and development contract is
contemplated.
3.10.1- Changes--Time and Materials or C R Shall be used in SIR‘s and contracts when a time and material or labor-hours
14 Labor Hours contract is contemplated
3.10.1- Changes-Construction, C R Shall be used in SIR‘s and contracts for dismantling, demolition, or removal of
15 Dismantling, Demolition, or improvements, or when a fixed-price contract is contemplated.
Removal of Improvements
3.10.1- Changes and Changed Conditions C R Shall be used in SIR‘s and contracts for construction.
16
51
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.10.1- Change Order Accounting C May be used in SIR‘s and contracts for supply and research and development
17 contracts of significant technical complexity, if numerous changes are anticipated.
3.10.1- Notification of Changes C May be used in SIR‘s and contracts for negotiated R&D or for supply contracts
18 involving major systems/subsystems. The Contracting Officer should insert
appropriate information in the clause.
3.10.1- Modification Cost Proposal- Price C May be used in SIR‘s and contracts for construction.
19 Breakdown
3.10.1- Warranty-Construction C May be used in SIR‘s and contracts for fixed price construction.
20
3.10.1- RESERVED
21
3.10.1- Contracting Officer‘s Technical C May be used in SIR‘s and contracts.
22 Representative
3.10.23 Contracting Officer‘s C May be used in SIR‘s and contracts for construction. The Contracting Officer
Representatives-Construction should insert appropriate information in the clause.
3.10.1- Notice of Delay C May be included in SIR‘s and contracts when receiving contractor‘s notice
24 regarding delay is in the best interest of the Government.
3.10.2 SUBCONTRACTING
3.10.2-1 Subcontracts (Fixed-Price C Should be used in SIR‘s and contracts when a fixed-price contract is contemplated.
Contracts) The Contracting Officer should insert appropriate information in the clause.
Alternate I C Should be used in SIR‘s and contracts when the Contracting Officer elects not to
require advance notification or consent to subcontracts evaluated during
negotiations. The Contracting Officer should insert appropriate information in the
clause.
52
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.10.2-2 Subcontracts (Cost- C Should be used in SIR‘s and contracts when a cost-reimbursement or ceiling priced
Reimbursement and Ceiling Priced contract is contemplated.
Contracts)
3.10.2-3 Subcontracts (Time-and-Materials C Should be used in SIR‘s and contracts when a time-and-materials or labor-hour
and Labor-Hour Contracts.) contracts is contemplated.
3.10.2-4 Subcontractors and Outside C Should be used in SIR‘s and contracts when a fixed-price architect-engineer
Associates and Consultants contract is contemplated.
3.10.2-5 Competition in Subcontracting C Should be used in SIR‘s and contracts if the contract will be other than fixed price
awarded with price competition/prices set by law or regulation.
3.10.2-6 Subcontracts for Commercial C Should be used in SIR‘s and contracts for supplies or services other than
Items and Commercial commercial items.
Components
3.10.3 GOVERNMENT PROPERTY
3.10.3-1 Definitions C R Shall be used in all SIR‘s and contracts when any of the clauses 3.10.3-2 through
3.10.3-15 are used.
3.10.3-2 Government Property -Basic C R Shall be used in all SIR‘s and contracts that include Government property.
Clause
Alternate I C R Shall be used in all SIR‘s and contracts that are fixed price and include property.
Alternate II C R Shall be used in all SIR‘s and contracts that are cost, labor hour, or time and
materials and include property.
3.10.3-3 Government Property C R Shall be used in all SIR‘s and contracts that include Government property in the
Consolidated Facilities form of facilities.
3.10.3-4 Liability for the Facilities C R Shall be used in all SIR‘s and contracts that include Government property in the
form of facilities.
53
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.10.3-5 Use and Charges C R Shall be used in all SIR‘s and contracts that include Government property in the
form of facilities.
3.10.3-6 Government Property (Facilities C R Shall be used in all SIR‘s and contracts that include Government property in the
Acquisition) form of facilities.
3.10.3-7 Government Property - Facilities C R Shall be used in all SIR‘s and contracts that include Government property in the
Use form of facilities.
3.10.3-8 Special Tooling C R Shall be used in all SIR‘s and contracts that include Government property.
3.10.3-9 Special Test Equipment C R Shall be used in all SIR‘s and contracts that include Government property.
3.10.3- Management of Government C R Shall be used in all SIR‘s and contracts that include Government property.
10 Property in Contractor‘s
Possession
3.10.3- Contractor‘s Maintenance C R Shall be used in all SIR‘s and contracts that include Government property.
11 Program
3.10.3- Identification of Government C R Shall be used in all SIR‘s and contracts that include Government property.
12 Property
3.10.3- Segregation of Government C R Shall be used in all SIR‘s and contracts that include Government property.
13 Property
3.10.3- Inventories C R Shall be used in all SIR‘s and contracts that include Government property.
14
3.10.3- Disposition of Government C R Shall be used in all SIR‘s and contracts that include Government property.
15 Property
3.10.4 QUALITY ASSURANCE
3.10.4-1 Contractor Inspection C Should be used in SIR‘s and contracts for non-complex, non-critical items, where
Requirements Government inspection is deemed unnecessary.
54
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.10.4-2 Inspection of Supplies – Fixed C Should be used in SIR‘s and contracts for fixed price contracts for supplies.
Price
Alternate I C Should be used in SIR‘s and contracts for fixed price incentive contracts for
supplies.
Alternate II Should be used in SIR‘s and contracts for fixed ceiling price with retroactive price
redetermination.
3.10.4-3 Inspection of Supplies - Cost C Should be used in SIR‘s and contracts for supplies, or services that involve the
Reimbursement furnishing of supplies, when a cost-reimbursement contract is contemplated.
3.10.4-4 Inspection of Services - Both C Should be used clause in SIR and contracts for services, or supplies that involve
Fixed-Price & Cost the furnishing of services, when a fixed-price or cost-reimbursement contract is
Reimbursement contemplated.
3.10.4-5 Inspection--Time-and-Material C Should be used in SIR‘s and contracts involving time and material and labor
and Labor-Hour hours.
3.10.4-6 Inspection of Research and C Should be used in SIR‘s and contracts for fixed-price R&D where the primary
Development--Fixed-Price objective of the contract is end items other than designs, drawings, or reports.
3.10.4-7 Inspection of Research and C Should be used in SIR;s and contracts for R&D when: (a) the primary objective is
Development –Cost the delivery of end items other than designs, drawings, or reports; and (b) a cost
Reimbursement reimbursement contract is contemplated; unless use of the clause is impractical and
the clause 3.10.4-8 is considered to be more appropriate.
Alternate I C Should be used in SIR‘s and contracts for R&D when: (a) the primary objective is
the delivery of end items other than designs, drawings, or reports; and (b) a no-fee
cost reimbursement contract is contemplated; unless use of the clause is impractical
and the clause 3.10.4-8 is considered to be more appropriate
3.10.4-8 Inspection of Research and C Should be used in SIR‘s and contracts in lieu of clauses 3.10.4-6 or 3.10.4-7, when
Development (Short Form) those clauses may not be appropriate.
3.10.4-9 Inspection of Facilities C Should be used in SIR‘s and contracts when a facilities contract is contemplated.
55
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.10.4- Inspection of Construction C Should be used in SIR‘s and contracts for fixed-price construction SIR and
10 contracts.
3.10.4- Inspection--Dismantling, C Should be used in SIR and contracts for dismantling, demolition, or removal of
11 Demolition, or Removal of improvements.
Improvements
3.10.4- Inspection of Transportation C Should be used in SIR‘s and contracts for freight transportation services (including
12 local drayage) by rail, motor (including bus), domestic freight forwarder, and
domestic water carriers (including inland, coastwise, and intercoastal). The clause
should not be used for transportation services by domestic or international air
carriers or by international ocean carriers, or to freight services provided under
bills of lading or to those negotiated for reduced rates under 49 U.S.C. 1072(b)(1).
3.10.4- Higher-Level Contract Quality C May be used in SIR‘s and contracts when the inclusion of a higher-level contract
13 Requirement quality requirement is appropriate. The clause may be modified to suit unique
circumstances. The specific standard(s) to be used should be coordinated with the
Quality Assurance Division (ASU-200). The Contracting Officer should insert
appropriate information in the clause.
3.10.4- Assignment of a Quality C May be used in SIR‘s and contracts where it is contemplated that a QRO will be
14 Reliability Officer (QRO) assigned to the contract for source inspection (to be used with either ―Standard
Inspection‖ or ―Higher-Level‖ Quality Requirements). The specific wording in the
clause may be modified to suit any unique circumstances. The Contracting Officer
should insert appropriate information in the clause.
3.10.4- Certificate of Conformance C May be used in SIR‘s and contracts for supplies or services when it is
15 contemplated that a certificate of conformance may be used instead of source
inspection.
56
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.10.4- Responsibility for Supplies C Should be used in SIR‘s and contracts for: (a) supplies, (b) services involving the
16 furnishing of supplies, or (c) research and development, when a fixed-price
contract is contemplated.
3.10.4- Year 2000 Warranty— C Recommended for use, with tailoring where appropriate, in SIR‘s and contracts
17 Commercial Supply Items requiring Year 2000 compliant software, hardware, and systems comprised of
commercial information technology products.
The clause may be used when some but not all of the products being acquired are
required to be Year 2000 compliant. The clause may be adapted for use in SIR‘s
where FAA will accept offers from vendors that do not have the needed year 2000
compliant products, but will be required under the contract to upgrade the
information technology products to be Year 2000 compliant by a suitable date in
advance of the year 2000.
This clause is not recommended for inclusion in SIR‘s and contracts where
inspection and acceptance occurs more than 90 days before 12/31/99, and it is not
in the FAA‘s interest to waive latent defect claims that are discovered more than 90
days after acceptance
57
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.10.4- Year 2000 Warranty—Non- C Recommended for use, with tailoring where appropriate, in SIR‘s and contracts
18 commercial Supply Items requiring Year 2000 compliant software, hardware, and systems comprised of
commercial information technology products.
The clause may be used when some but not all of the products being acquired are
required to be Year 2000 compliant. The clause may be adapted for use in SIR‘s
where FAA will accept offers from vendors that do not have the needed year 2000
compliant products, but will be required under the contract to upgrade the
information technology products to be Year 2000 compliant by a suitable date in
advance of the year 2000.
This clause is not recommended for SIR‘s and contracts where inspection and
acceptance occurs more than 90 days before 12/31/99, and it is not in the FAA‘s
interest to waive latent defect claims that may be discovered more than 90 days
after acceptance
3.10.4- Government Industry Data C R Shall be used in SIR's and contracts: (a) over $50M, or (b) for construction
19 Exchange Program contracts for NAS application over $2M, or (c) for office equipment and/or
supplies for NAS applications over $1M.
3.10.4- Software Measures Proposal P R Shall be used in SIR's that require development of software code exceeding 20K
20 Requirement lines. This provision shall be used in full text. The Contracting Officer should
insert appropriate information.
3.10.4- Requirements for Software C Should be used in SIR's and contracts that require development of software code
21 Measures exceeding 20K lines. The Contracting Officer should insert appropriate
information.
58
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.10.4- Diminishing Manufacturing C R Shall be used in SIR's and contracts that utilize nondevelopmental items to meet
22 Sources and Material Shortages system, subsystem or subassembly requirements. The Contracting Officer should
insert appropriate information.
3.10.4- Contractor and Subcontractor C R Shall be included in SIR‘s and contracts for products and construction materials.
23 Compliance with the Fastener
Quality Act
3.10.4- Year 2000 Warranty - Services C May be used in SIR‘s and contracts for services covering (1) data processing that
24 would be useless if the systems used to provide the services were to break down;
(2) telecommunications that must provide accurate billing; and (3) other
technology-related services that are not obviously data processing related, but must
provide year 2000 compliant accounting and administration information to assure
continuity of administration, proper billing and accountability.
3.10.5 PRODUCT IMPROVEMENT/
TECHNOLOGY
ENHANCEMENT
3.10.5-1 Product Improvement/ Technology C May be used in SIR‘s and contracts when product improvement/enhancements are
Enhancement contemplated.
3.10.6 TERMINATION OF
CONTRACTS
3.10.6-1 Termination for Convenience of C R Shall be included in SIR‘s and contracts which are fixed price. The clause shall
the Government (Fixed Price) not be modified without the prior approval of legal counsel.
59
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.10-6- Termination for Convenience of C R Shall be included in SIR‘s and contracts for fixed price or cost reimbursement
2. the Government (Educational and research and development with educational or other nonprofit institutions on a no-
Other Nonprofit Institutions) fee or nonprofit basis. The clause shall not be modified without the prior approval
of legal counsel.
3.10.6-3 Termination (Cost- C R Shall be included in SIR‘s and contracts which are cost reimbursable, except
Reimbursement) contracts for architectural and engineering services or for research and
development with an educational or other nonprofit organization on a no-fee basis.
The clause and its alternates shall not be modified without the prior approval of
legal counsel.
Alternate I C R Shall be included in cost reimbursement contracts for construction.
Alternate II C R Shall be included in contracts with agencies of the Federal Government, or with
state, local or foreign governments or their agencies, when the Contracting Officer
determines that the requirement to pay interest on excess partial payments is
inappropriate.
Alternate III C R Shall be included in contracts for construction with agencies of the Federal
Government, state, local or foreign governments or their agencies, when the
Contracting Officer determines that the requirement to pay interest on excess
partial payments is inappropriate.
Alternate IV C R Shall be included in time and material or labor hour contracts.
Alternate V C R Shall be included in time and material or labor hour contracts with agencies of the
Federal Government, state, local or foreign governments or their agencies, when
the Contracting Officer determines that the requirement to pay interest on excess
partial payments is inappropriate.
3.10.6-4 Default (Fixed-Price Supply and C R Shall be included in SIRs and contracts which are for fixed price supply or
Service) services. The clause should not be modified without the prior approval of legal
counsel.
60
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.10.6-5 Default (Fixed-Price Research and C R Shall be included in SIRs and contracts for fixed price research and development
Development) except those with educational or nonprofit organizations on a no-profit basis. The
clause shall not be modified without the prior approval of legal counsel.
3.10.6-6 Default (Fixed Price Construction) C R Shall be included in SIRs and contracts for fixed price construction. The clause
shall not be modified without the prior approval of legal counsel.
3.10.6-7 Excusable Delays C R Shall be included in SIRs and contracts which are cost reimbursement, time and
material, or labor hour for supplies, services, construction or research and
development contracts on a fee basis. The clause shall not be modified without the
prior approval of legal counsel.
3.10.7 EXTRAORDINARY
CONTRACTUAL ACTIONS
3.10.7-1 Indemnification under Public Law C Should be used in SIRs and contracts if the contractor will be exposed to unusually
85-804 hazardous or nuclear risks and the DOT Secretary has authorized the use of the
clause.
Alternate I C Should be used if a cost reimbursable contract is contemplated.
3.11 TRANSPORTATION
(RESERVED)
3.12. REAL PROPERTY
(RESERVED)
3.13. ADMINISTRATIVE
MATTERS
61
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.13-1 Approval of Contract C Should be used in SIRs and contracts to notify contractors of the person who has
the delegated procurement authority to sign the contract if the Contracting Officer
determines that it is in the best interest of the agency to do so.
3.13-2 Security Requirements C Should be used in SIRs and contracts when the contract may require access to
information classified as ‗Confidential‖, ‗Secret‘, or ‗Top Secret‘.
Alternate I C Should be used in SIRs and contracts if a cost contract for research and
development with an educational institution.
Alternate II C Should be used in SIRs and contracts if employee identification is required for
security or other reasons in a construction or architect engineer contract.
3.13-3 Printing/Copying Double-sided on C May be used in SIRs and contracts at the Contracting Officer‘s discretion.
Recycled Paper
3.13-4 Contractor Identification Number- P R X Shall be used in all SIRs.
-Data Universal Numbering
System (DUNS) Number
3.13-5 Seat Belt Use by Contractor P Shall be used in SIRs and contracts.
Employees
3.13-6 Contractor Personnel Suitability C Shall be inserted into all FAA SIRs and contract actions when the contractor may
Requirements require access to FAA facilities, sensitive information and/or resources, and is
applicable.
3.13-7 RESERVED
3.13-8 Foreign Nationals as Contractor C Shall be used in FAA SIRs and contract actions where the contracting and
Employees operating offices and/or the SSE determines that it is necessary to restrict access or
work on a contract to individuals identified as United States citizens or as
otherwise noted in the clause.
62
FAA ACQUISITION MANAGEMENT SYSTEM CLAUSES
Clause No. Clause Title Clause Prescription December 2001
3.13-9 Government-Issued Keys, C Shall be inserted into all FAA SIRs and contract actions when the contract may
Identification Badges, and Vehicle require access to FAA facilities, sensitive
Decals information and/or resources.
63
