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									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

								
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