HomeMy WebLinkAboutResolutions - 2024.05.22 - 41238
AGENDA ITEM: Antenna & Equipment Space Lease with the Federal Aviation Administration (FAA)
for a T-hangar located at the Oakland County International Airport
DEPARTMENT: Economic Development - Aviation and Transportation
MEETING: Board of Commissioners
DATE: Friday, June 7, 2024 8:55 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2024-4022 _ 24-37
Motion to adopt the attached suggested resolution.
ITEM CATEGORY SPONSORED BY
Contract Yolanda Smith Charles
INTRODUCTION AND BACKGROUND
Oakland County International Airport has agreed to renew lease space to the FAA for T-hangar A-
19 with approximately 1054 square feet of space, for the purpose of supporting Air Traffic
Operations in the National Airport System (NAS). Monthly payments will be made by electronic
transfer totaling $5,270/yr. Term of the agreement is 5 years commencing October 1, 2024, with
30-day notice of termination.
POLICY ANALYSIS
The current 5-year lease has a term of June 1, 2019 to September 30, 2024. The lease
rate is $3,600/annually ($300/month). The new lease reflects an increase of $1,670 annually.
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com or the department contact persons listed for additional
information.
CONTACT
Cheryl Bush, Manager Aviation & Transportation
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 5/22/2024
David Woodward, Board of Commissioners Approved - 5/22/2024
Hilarie Chambers, Executive's Office Approved - 6/3/2024
Lisa Brown, Clerk/Register of Deeds Final Approval - 6/5/2024
AGENDA DEADLINE: 06/07/2024 6:00 PM
ATTACHMENTS
1. 697DCM-24-L-00073_Draft Lease
COMMITTEE TRACKING
2024-05-15 Economic Development & Infrastructure - Recommend to Board
2024-05-22 Full Board - Adopted
Motioned by: Commissioner Penny Luebs
Seconded by: Commissioner Robert Hoffman
Yes: David Woodward, Michael Spisz, Penny Luebs, Kristen Nelson, Christine Long, Robert
Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Yolanda Smith
Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson Gault, Linnie Taylor (16)
No: None (0)
Abstain: None (0)
Absent: Karen Joliat, Michael Gingell (2)
Passed
June 7, 2024
RESOLUTION #2024-4022 _ 24-37
Sponsored By: Yolanda Smith Charles
Economic Development - Aviation and Transportation - Antenna & Equipment Space Lease
with the Federal Aviation Administration (FAA) for a T-hangar located at the Oakland County
International Airport
Chair and Members of the Board:
WHEREAS the County of Oakland owns the Oakland County International Airport in Waterford
Township; and
WHEREAS T-hangars are leased to various aviation businesses and individuals for the purpose of
conducting aviation-related activities; and
WHEREAS the Aviation Division has agreed to enter into a new Space Lease with the Federal
Aviation Administration (FAA) for use of a T-hangar; and
WHEREAS the Space Lease will have a term of five years from October 1, 2024 to September 30,
2029, with annual rent of $5,270.00, payable in monthly installments; and
WHEREAS the FAA may terminate the contract by delivering written notice of termination at least 30
days before the effective termination; and
WHEREAS the Airport Committee and the County's Office of Corporation Counsel have reviewed and
agreed to the terms of the Space Lease.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and accepts the terms and conditions of the attached Space Lease with the Federal
Aviation Administration for a T-hangar located at the Oakland County International Airport for the term
October 1, 2024 through September 30, 2029.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chair or
their designee to execute the attached Space Lease and all other related documents between the
County and the FAA.
BE IT FURTHER RESOLVED that a budget amendment is not required as the revenue is included in
the FY-2025 - FY 2026 Airport Fund (#56500) budget.
Chair, the following Commissioners are sponsoring the foregoing Resolution: Yolanda Smith
Charles.
Date: May 22, 2024
David Woodward, Commissioner
Date: June 03, 2024
Hilarie Chambers, Deputy County Executive II
Date: June 05, 2024
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2024-05-15 Economic Development & Infrastructure - Recommend to Board
2024-05-22 Full Board - Adopted
Motioned by Commissioner Penny Luebs seconded by Commissioner Robert Hoffman to adopt the
attached Contract: Antenna & Equipment Space Lease with the Federal Aviation Administration
(FAA) for a T-hangar located at the Oakland County International Airport.
Yes: David Woodward, Michael Spisz, Penny Luebs, Kristen Nelson, Christine Long, Robert
Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Yolanda Smith
Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson Gault, Linnie Taylor (16)
No: None (0)
Abstain: None (0)
Absent: Karen Joliat, Michael Gingell (2)
Passed
ATTACHMENTS
1. 697DCM-24-L-00073_Draft Lease
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on June
7, 2024, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at
Pontiac, Michigan on Friday, June 7, 2024.
Lisa Brown, Oakland County Clerk / Register of Deeds
ANTENNA & EQUIPMENT SPACE LEASE
Between
THE UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
And
Oakland County International Airport
FAA CONTRACT NO: 697DCM-24-L-00073
ATID/FACILITY TYPE: PTK/SCC Storage
LOCATION: Pontiac (Waterford), MI
1.Preamble (09/2021) 6.1.1 This Lease for real property is hereby entered into by and between
Oakland County International Airport acting by and through the County of Oakland, Michigan,
hereinafter referred to as the Lessor and the United States of America, acting by and through the
Federal Aviation Administration, hereinafter referred to as the FAA.
2.Definitions (09/2021) 6.1.1-1 For purposes of this document, the following definitions apply;
Contract- refers to this legal instrument used to acquire an interest in real property for the direct
benefit or use by the FAA. As used herein, contract denotes the document (for example- lease,
easement, memorandum of agreement, or other legally binding agreement) used to implement an
agreement between a customer (buyer) and a seller (supplier).
Contractor- refers to the party(ies) receiving a direct procurement contract from the FAA and who
is(are) responsible for performance of contract requirements. For purposes of this document, the
contractor may also be called the Lessor, Permittor, Licensor, Grantor, Airport, or Offeror depending
on the type of contract or the provision within the contract.
Government- refers to the United States of America acting by and through the Federal Aviation
Administration (FAA). For purposes of this document, Government and FAA are interchangeable.
Real Estate Contracting Officer (RECO) - is a trained and warranted official who contracts for real
property on behalf of the FAA. For purposes of this agreement, RECO is interchangeable with
Contracting Officer (CO).
3.Succeeding Contract (09/2021) 6.1.2 This contract succeeds 697DCM-19-L-00147 and all other
previous agreements between the parties for the property described in this document.
4.Lease Witnesseth (09/2021) 6.1.3Witnesseth: The parties hereto, for the consideration hereinafter
mentioned, covenant and agree as follows:
5.Leased Space Description (07/2022) 6.1.4 The Lessor hereby leases to the Government the
following described premises which shall be related to the FAA’s activities in support of Air Traffic
Operations: T-Hangar A-19 with approximately 1054 square feet of space located at Oakland
County International Airport, 6500 Patterson Parkway, Waterford, Michigan.
FAA CONTRACT NO: 697DCM-24-L-00073
ATID/FACILITY TYPE: PTK/SCC Storage
LOCATION: Pontiac (Waterford), MI
2
Federal Aviation Administration
Antenna & Equipment Space Lease, 01/2024
OMB CONTROL NO. 2120-0595
6.Purpose (09/2021) 6.1.5It is understood and agreed that the use of the herein described premises
shall be related to FAA’s activities in support of the National Airspace System (NAS).
7.Legal Authority (09/2021) 6.2.1This contract is entered into under the authority of 49 U.S.C.
106(l)(6) and (n), which authorizes the Administrator of the FAA to enter into contracts, acquisitions
of interests in real property, agreements, and other transactions on such terms and conditions as the
Administrator determines necessary.
8.Term (09/2021) 6.2.3 To have and to hold, for the term commencing on October 1, 2024 and
continuing through September 30, 2029 inclusive, provided that adequate appropriations are
available from year to year for the consideration herein.
9.Consideration (07/2023) 6.2.4
A. The Government shall pay annual rent of $5,270.00, payable in Monthly installments in the
amount of $439.17.
B. Payments shall be made in arrears without the submission of invoices or vouchers. Payments are
due on the first business day following the end of the payment period and are subject to available
appropriations. The payments shall be directly deposited in accordance with the “Payment by
Electronic Funds Transfer” clause in this contract. Payments shall be considered paid on the day an
electronic funds transfer is made.
C. Monthly payment shall be made in full to: Oakland County International Airport
10.Termination (01/2023) 6.2.5 The Government may terminate this contract at any time, in whole or
in part, if the Real Estate Contracting Officer (RECO) determines that a termination is in the best
interest of the Government. The RECO shall terminate this contract by delivering a written notice
specifying the effective date of the termination. The termination notice shall be delivered at least 30
days before the effective termination date. No costs shall accrue as of the effective date of
termination.
11.Excuse (09/2021) 6.2.5-3 A. The Lessor will not be in default because of any failure to perform the
requirements of this Lease under its terms if the failure arises from causes beyond the control and
without the fault or negligence of the Lessor.
B. Permissible causes for excuse are:
i. acts of God (e.g., fires, floods, pandemics, epidemics, unusually severe weather, etc.),
ii. acts of the public enemy,
iii. acts of the Government in either its sovereign or contractual capacity,
iv. pandemic, epidemic, or quarantine restrictions,
v. strikes, and
vi. freight embargoes. In each instance, the failure to perform must be beyond the control and
without the fault or negligence of the Lessor.
C. Excuse will not be granted when:
i. the Lessor had actual or constructive knowledge prior to the Lease Award Date that he/she could
not perform in accordance with the requirements of the Lease contract;
ii. the conditions of the property prevent performance;
iii. the Lessor, its employees, agents or contractors, by error or omission, fails to perform; or
iv. the Lessor is unable to obtain sufficient financial resources to perform its obligations.
FAA CONTRACT NO: 697DCM-24-L-00073
ATID/FACILITY TYPE: PTK/SCC Storage
LOCATION: Pontiac (Waterford), MI
3
Federal Aviation Administration
Antenna & Equipment Space Lease, 01/2024
OMB CONTROL NO. 2120-0595
D. The RECO will ascertain the facts and extent of the failure. If the RECO determines that any
failure to perform is excusable, the RECO will revise the delivery schedule subject to the rights of
the Government under the default and termination clauses of this contract.
12.Binding Effect (09/2021) 6.2.6 The provisions of this contract and the conditions herein shall be
binding upon, and for the benefit of, the parties and their successors and assigns. In the event of any
sale or transfer of ownership of the property or any portion thereof, the Government will be deemed
to have attorned to any purchaser, successor, assign, or transferee. The succeeding owner will be
deemed to have assumed all rights and obligations of the contractor under this contract establishing
direct privity of estate and contract between the Government and said succeeding owner, with the
same force, effect, and relative priority in time and right as if the contract had initially been entered
into between such succeeding owner and the Government.
13.Holdover (07/2023) 6.2.12 If after the expiration of the Lease, the Government shall retain
possession of the premises, the Lease shall continue in full force and effect on a month-to-month
basis. Payment shall be made in accordance with the Consideration clause of the Lease at the rate
paid during the Lease term. This period shall continue until the Government shall have signed a new
lease with the Lessor, acquired the property in fee, or vacated the premises.
14.RE Clauses Incorporated by Reference (09/2021) 6.3.0 This solicitation or contract, as applicable,
incorporates by reference the provisions or clauses listed below with the same force and effect as if
they were given in full text. Upon request, the RECO will make the full text available, or the full text
may be obtained via internet at https://fast.faa.gov/RPF_Real_Property_Clauses.cfm.
A.Officials Not To Benefit (09/2021) 6.3.0-2
B.Assignment of Claims (09/2021) 6.3.0-3
C.Contracting Officer's Representative (09/2021) 6.3.0-4
D.Contingent Fees (09/2021) 6.3.0-5
15.Funding Responsibility for FAA Facilities (09/2021) 6.3.6 The Contractor agrees that all
Contractor requested relocation(s), replacement(s), or modification(s) of any existing or future FAA
navigational aid or communication system(s) necessitated by Contractor improvements or changes
will be at the expense of the Contractor. In the event that the Contractor requested changes or
improvements interferes with the technical and/or operational characteristics of the FAA's facility,
the Contractor will immediately correct the interference issues at the Contractor’s expense. Any
FAA requested relocation, replacement, or modifications shall be at the FAA's expense. In the event
such relocations, replacements, or modifications are necessary due to causes not attributable to either
the Contractor or the FAA, funding responsibility shall be determined by mutual agreement between
the parties, and memorialized in a Supplemental Agreement.
16.Changes (07/2023) 6.3.8
A. The RECO may at any time, by written order via Supplemental Agreement, make changes within
the general scope of this Lease in any one or more of the following:
i. Work or services;
ii. Facilities or space layout;
iii. Amount of space/land;
iv. Any other change made within the scope of this lease.
FAA CONTRACT NO: 697DCM-24-L-00073
ATID/FACILITY TYPE: PTK/SCC Storage
LOCATION: Pontiac (Waterford), MI
4
Federal Aviation Administration
Antenna & Equipment Space Lease, 01/2024
OMB CONTROL NO. 2120-0595
B. If any such change causes an increase or decrease in the Lessor’s cost or time required for
performance under this lease, the RECO will modify this Lease to provide one or more of the
following:
i. An equitable adjustment in the rental rate;
ii. A lump sum equitable adjustment;
iii. An equitable adjustment of the annual operating costs per rentable square foot; or
iv. An adjustment to the delivery date.
C. The Lessor must assert its right to an adjustment by written proposal under this clause within
thirty (30) days from the date of receipt of the change order. Lessor’s request must include all
documentation necessary to validate his/her right to an adjustment.
D. Nothing in this clause excuses the Lessor from proceeding with the change as directed.
E. Absent written supplemental agreement the Government is not liable to the Lessor under this
clause.
17.Failure in Performance (09/2021) 6.3.16In the event the Contractor fails to perform a service,
provide an item, or satisfy a requirement under this Contract, the Government may:
A. perform the service, provide the item, or satisfy the requirement itself, and abate the rent by its
actual costs (including administrative costs) incurred in doing so,
B. not correct the Contractor’s performance and abate the rent by an amount reasonably calculated to
approximate the decreased value of the Contract arising from the Contractor’s failure to perform, or
C. pursue termination of the contract under the “Termination” clause(s) in this Contract.
18.No Waiver (09/2021) 6.3.17No failure by the Government to insist upon strict performance of any
provision of this Contract or failure to exercise any right, or remedy consequent to a breach thereof,
will constitute a waiver of any such breach in the future.
19.Non-Restoration (09/2021) 6.3.18It is hereby agreed between the parties that, upon termination of
its occupancy, including any holdover period, the Government shall have no obligation to restore
and/or rehabilitate, either wholly or partially, the property that is the subject of this contract. It is
further agreed that the Government may abandon in place any or all of the structures and equipment
installed in or located upon said property by the Government during its tenure. Such abandoned
equipment shall become the property of the contractor.
20.Quiet Enjoyment (09/2021) 6.3.25The Contractor warrants that they have good and valid title to the
premises, and rights of ingress and egress, and warrants and covenants to defend the Government’s
use and enjoyment of said premises against third party claims.
21.Damage by Fire or Other Casualty or Environmental Hazards (09/2021) 6.3.26 If the premises
is partially or totally destroyed or damaged by fire or other casualty or if environmentally hazardous
conditions are found to exist so that the premises is untenantable as determined by the Government,
the Government may agree to allow restoration/reconstruction, or may elect to terminate the
contract, in whole or in part, immediately by giving written notice to the contractor and no further
rental will be due. The Government shall have no duty to pay rent while the premises are
unoccupied.
22.Delivery and Condition (09/2021) 6.3.27Unless the Government elects to have the space occupied
in increments, the space must be delivered ready for occupancy as a complete unit by the agreed
FAA CONTRACT NO: 697DCM-24-L-00073
ATID/FACILITY TYPE: PTK/SCC Storage
LOCATION: Pontiac (Waterford), MI
5
Federal Aviation Administration
Antenna & Equipment Space Lease, 01/2024
OMB CONTROL NO. 2120-0595
upon occupancy date. The Government reserves the right to determine when the space is ready to
occupy, and to assess damages in the event the occupancy date is not met.
23.Interference (09/2021) 6.3.28In the event that FAA operations interfere with the Contractor’s
facility, the Contractor must immediately notify the RECO. The FAA will begin assessment of
interference immediately upon notification.
If the Contractor or its facility interferes with the FAA’s equipment and the Contractor either knows
of, or is notified by the FAA, of the interference, the Contractor will immediately remediate the
interference at its own cost.
Notification under this clause must include the following information, if known:
A. type of interference,
B. the commencement date of the interference, and
C. the root cause of the interference.
24.Alterations (09/2021) 6.3.The Government shall have the right during the term of this Lease,
including any extensions thereof, to make alterations, attach fixtures, and erect structures or signs in
or upon the premises hereby leased, which fixtures, alterations or structures so placed in, on, upon,
or attached to the said premises shall be and remain the property of the Government and may be
removed or otherwise disposed of by the Government. The parties hereto mutually agree and
understand, that no restoration rights shall accrue to the Lessor for any alterations or removal of
alterations to the leased premises under this Lease, and that the Government shall have the option of
abandoning alterations in place, when terminating the Lease, at no additional cost.
25.Hold Harmless (01/2024) 6.3.30In accordance with and subject to the conditions, limitations and
exceptions set forth in the Federal Tort Claims Act, 28 U.S.C. Ch. 171, the Government will be
liable to persons damaged by any personal injury, death or injury to or loss of property, which is
caused by a negligent or wrongful act or omission of an employee of the Government while acting
within the scope of his office or employment under circumstances where a private person would be
liable in accordance with the law of the place where the act or omission occurred. The foregoing
shall not be deemed to extend the Government's liability beyond that existing under the Act at the
time of such act or omission or to preclude the Government from using any defense available in law
or equity.
26.Compliance with Applicable Laws (09/2021) 6.3.31The Lessor shall comply with all federal, state
and local laws applicable to the Lessor as owner or Lessor, or both, of building or premises,
including, without limitation, laws applicable to the construction, ownership, alteration or operation
of both or either thereof, and will obtain all necessary permits, licenses and similar items at Lessor’s
expense. This Lease shall be governed by federal law.
The Government will comply with all federal, state, and local laws applicable to and enforceable
against it as a tenant under this lease, provided that nothing in this lease shall be construed as a
waiver of the sovereign immunity of the Government.
27.Examination of Records (09/2021) 6.3.32 The Comptroller General of the United States, the
Administrator of FAA or a duly authorized representative of either shall, until three (3) years after
final payment under this contract, have access to and the right to examine any of the Lessor’s
directly pertinent books, documents, paper, or other records involving transactions related to this
contract.
FAA CONTRACT NO: 697DCM-24-L-00073
ATID/FACILITY TYPE: PTK/SCC Storage
LOCATION: Pontiac (Waterford), MI
6
Federal Aviation Administration
Antenna & Equipment Space Lease, 01/2024
OMB CONTROL NO. 2120-0595
28.Subordination, Nondisturbance and Attornment (09/2021) 6.3.33 A. The Government agrees, in
consideration of the warranties and conditions set forth in this clause, that this contract is subject and
subordinate to any and all recorded mortgages, deeds of trust and other liens now or hereafter
existing or imposed upon the premises, and to any renewal, modification or extension thereof. It is
the intention of the parties that this provision shall be self-operative and that no further instrument
shall be required to effect the present or subsequent subordination of this contract. Based on a
written demand received by the RECO, the Government will review and, if acceptable, execute such
instruments as the contractor may reasonably request to evidence further the subordination of this
contract to any existing or future mortgage, deed of trust or other security interest pertaining to the
premises, and to any water, sewer or access easement necessary or desirable to serve the premises or
adjoining property owned in whole or in part by the contractor if such easement does not interfere
with the full enjoyment of any right granted the Government under this contract.
B. No such subordination, to either existing or future mortgages, deeds of trust or other lien or
security instrument shall operate to affect adversely any right of the Government under this contract
so long as the Government is not in default under this contract. Contractor will include in any future
mortgage, deed of trust or other security instrument to which this contract becomes subordinate, or
in a separate non-disturbance agreement, a provision to the foregoing effect. Contractor warrants that
the holders of all notes or other obligations secured by existing mortgages, deeds of trust or other
security instruments have consented to the provisions of this clause, and agrees to provide true
copies of all such consents to the RECO promptly upon demand.
C. In the event of any sale of the premises or any portion thereof by foreclosure of the lien of any
such mortgage, deed of trust or other security instrument, or the giving of a deed in lieu of
foreclosure, the Government will be deemed to have attorned to any purchaser, purchasers,
transferee or transferees of the premises or any portion thereof and its or their successors and
assigns, and any such purchasers and transferees will be deemed to have assumed all obligations of
the contractor under this contract, so as to establish direct privity of estate and contract between
Government and such purchasers or transferees, with the same force, effect and relative priority in
time and right as if the contract had initially been entered into between such purchasers or
transferees and the Government; provided, further, that the RECO and such purchasers or transferees
shall, with reasonable promptness following any such sale or deed delivery in lieu of foreclosure,
execute all such revisions to this contract, or other writings, as shall be necessary to document the
foregoing relationship.
D. None of the foregoing provisions may be deemed or construed to imply a waiver of the
Government's rights as a sovereign.
29.Change of Ownership/Novation (07/2023) 6.3.34-1 A. If during the term of the Lease, title to the
Property is transferred or the Lessor changes its legal name, the Lessor shall notify the Government
within five days of the transfer of title/change of name.
B. The Government and the Lessor must execute a Supplemental Agreement acknowledging the
transfer of title or name change.
C. If title to the Property is transferred, the Government, the original Lessor (Transferor), and the
new owner or assignee (Transferee) shall execute a Novation Agreement providing for the transfer
of Transferor's rights and obligations under the Lease to the Transferee. When executed on behalf of
the Government, a Novation Agreement will be made part of the Lease via Supplemental
Agreement.
FAA CONTRACT NO: 697DCM-24-L-00073
ATID/FACILITY TYPE: PTK/SCC Storage
LOCATION: Pontiac (Waterford), MI
7
Federal Aviation Administration
Antenna & Equipment Space Lease, 01/2024
OMB CONTROL NO. 2120-0595
D. The RECO may request additional information (e.g., copy of the deed, bill of sale, certificate of
merger, contract, court decree, articles of incorporation, operation agreement, partnership certificate
of good standing, etc.) from the Transferor or Transferee to verify the parties' representations
regarding the transfer.
E. If the RECO determines that recognizing the Transferee as the Lessor will not be in the
Government's interest, the Transferor shall remain fully liable to the Government for the Transferee's
performance of obligations under the Lease, notwithstanding the transfer. Under no condition shall
the Government be obligated to release the Transferor of obligations prior to (a) the rent
commencement date; and (b) any amounts due and owing to the Government under the Lease that
have been paid in full or completely set off against the rental payments due under the Lease.
F. As a condition for being recognized as the Lessor and entitlement to receiving rent, the Transferee
must register in the System for Award Management (SAM) for purposes of “All Awards”, and
complete all required representations and certifications within SAM and the “Representation
Regarding Certain Telecommunications and Video Surveillance Services or Equipment” in this
contract.
G. If title to the Property is transferred, rent shall continue to be paid to the original Lessor, subject
to the Government's rights as provided for in this Lease. The Government's obligation to pay rent to
the Transferee shall commence on the effective date of the Supplemental Agreement incorporating
the Novation Agreement. The Supplemental Agreement will not be issued until the Government has
received all information reasonably required by the RECO, the Government has determined that
recognizing the Transferee as the Lessor is in the Government's interest (which determination will be
prompt and not unreasonably withheld), and the Transferee has met all conditions specified in sub-
paragraph F.
30.Sublease (09/2021) 6.3.35 The Government reserves the right to sublease the space covered under
this Lease to another agency or private party. In subleasing this space to another party, the
Government is not relieved from its responsibilities under the terms of this Lease unless otherwise
agreed upon with the Lessor.
31.Integrated Agreement (09/2021) 6.3.36 This Contract, upon execution, contains the entire
agreement of the parties, and no prior written or oral agreement, express or implied shall be
admissible to contradict the provisions of this Contract.
32.Unauthorized Negotiating (09/2021) 6.3.37 In no event shall the Contractor enter into
negotiations concerning the premises with anyone other than the RECO or his/her designee.
33.Inspection of Leased Premises (09/2021) 6.3.38 To ensure a safe and healthy work environment for
government employees, agents, and assigns, and to ensure the Contractor’s performance under this
contract, the Government at all times and places during the term of the contract has the right to:
A. inspect the leased premises and all other areas of the building to which access is necessary,
B. test all performance requirements under the contract, and
C. perform any necessary sampling and evaluation to ensure contract compliance.
If inspection reveals a contractual non-conformance, then the Government may require the
Contractor to perform in accordance with the contract requirements at no increase in contract amount
or the Government, in its sole discretion, may perform the work itself in accordance with the
“Failure in Performance” clause of this Contract.
FAA CONTRACT NO: 697DCM-24-L-00073
ATID/FACILITY TYPE: PTK/SCC Storage
LOCATION: Pontiac (Waterford), MI
8
Federal Aviation Administration
Antenna & Equipment Space Lease, 01/2024
OMB CONTROL NO. 2120-0595
The presence or absence of a government inspection does not relieve the Contractor from any
contract requirement, nor is the inspector authorized to change any term or condition of the contract
without the RECO’s written authorization.
34.Contract Disputes (09/2021) 6.3.39 A. All contract disputes arising under or related to this contract
shall be resolved through the Federal Aviation Administration (FAA) dispute resolution system at
the Office of Dispute Resolution for Acquisition (ODRA) and shall be governed by the procedures
set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review,
where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency
decisions. A contractor may seek review of a final FAA decision only after its administrative
remedies have been exhausted.
B. The filing of a contract dispute with the ODRA may be accomplished by mail, overnight delivery,
hand delivery, or by facsimile, or if permitted by Order of the ODRA, by electronic filing. A
contract dispute is considered to be filed on the date it is received by the ODRA during normal
business hours. The ODRA's normal business hours are from 8:30 am to 5:00 pm Eastern Time.
C. Contract disputes are to be in writing and shall contain:
i. The contractor's name, address, telephone and fax numbers and the name, address, telephone and
fax numbers of the contractor's legal representative(s) (if any) for the contract dispute;
ii. The contract number and the name of the Contracting Officer;
iii. A detailed chronological statement of the facts and of the legal grounds for the contractor's
positions regarding each element or count of the contract dispute (i.e., broken down by individual
claim item), citing to relevant contract provisions and documents and attaching copies of those
provisions and documents;
iv. All information establishing that the contract dispute was timely filed;
v. A request for a specific remedy, and if a monetary remedy is requested, a sum certain must be
specified and pertinent cost information and documentation (e.g., invoices and terminated checks)
attached, broken down by individual claim item and summarized; and
vi. The signature of a duly authorized representative of the initiating party
D. Contract disputes shall be filed at the following address:
i. For filing by hand delivery, courier or other form of in-person delivery:
Office of Dispute Resolution for Acquisition
Federal Aviation Administration
600 Independence Avenue SW., Room 2W100
Washington, DC 20591; or
For filing by U.S. Mail:
Office of Dispute Resolution for Acquisition
Federal Aviation Administration
800 Independence Avenue SW
Washington, DC 20591
[Attention: AGC-70, Wilbur Wright Bldg. Room 2W100]; or
Telephone: (202) 267-3290
Facsimile: (202) 267-3720
Alternate Facsimile: (202) 267-1293; or
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ii. Other address as specified in 14 CFR Part 17.
E. A contract dispute against the FAA shall be filed with the ODRA within two (2) years of the
accrual of the contract claim involved. A contract dispute by the FAA against a contractor
(excluding contract disputes alleging warranty issues, fraud or latent defects) likewise shall be filed
within two (2) years after the accrual of the contract claim. If an underlying contract entered into
prior to the effective date of this part provides for time limitations for filing of contract disputes with
the ODRA which differ from the aforesaid two (2) year period, the limitation periods in the contract
shall control over the limitation period of this section. In no event will either party be permitted to
file with the ODRA a contract dispute seeking an equitable adjustment or other damages after the
contractor has accepted final contract payment, with the exception of FAA claims related to
warranty issues, gross mistakes amounting to fraud or latent defects. FAA claims against the
contractor based on warranty issues must be filed within the time specified under applicable contract
warranty provisions. Any FAA claims against the contractor based on gross mistakes amounting to
fraud or latent defects shall be filed with the ODRA within two (2) years of the date on which the
FAA knew or should have known of the presence of the fraud or latent defect.
F. A party shall serve a copy of the contract dispute upon the other party, by means reasonably
calculated to be received on the same day as the filing is to be received by the ODRA.
G. After filing the contract dispute, the contractor should seek informal resolution with the
Contracting Officer.
H. The FAA requires continued performance with respect to contract disputes arising under this
contract, in accordance with the provisions of the contract, pending a final FAA decision.
I. The FAA will pay interest on the amount found due and unpaid from (1) the date the Contracting
Officer receives the contract dispute, or (2) the date payment otherwise would be due, if that date is
later, until the date of payment. Simple interest on contract disputes shall be paid at the rate fixed by
the Secretary of the Treasury that is applicable on the date the Contracting Officer receives the
contract dispute and then at the rate applicable for each 6-month period as fixed by the Treasury
Secretary until payment is made. Interest will not accrue for more than one year.
J. Additional information and guidance about the ODRA dispute resolution process for contract
disputes can be found on the ODRA website at http://www.faa.gov.
35.Organizational Conflict of Interest (01/2023) 6.3.47
A. The offeror or Contractor warrants that, to the best of the Contractor's knowledge and belief, there
are no relevant facts or circumstances which could give rise to an organizational conflict of interest
(OCI), as defined in the FAA Acquisition Management System, "Organizational Conflicts of Interest
(T3.1.7)", or that the Contractor has disclosed all such relevant information.
B. The offeror or Contractor agrees that if an actual or potential OCI is discovered after award, the
Contractor must make a full disclosure in writing to the Contracting Officer. The disclosure must
include a mitigation plan describing actions the Contractor has taken or proposes to take to avoid,
mitigate, or neutralize the actual or potential conflict. Changes in the Contractor's relationships due
to mergers, consolidations or any unanticipated circumstances may create an unacceptable
organizational conflict of interest which may necessitate disclosure.
C. The FAA reserves the right to review and audit OCI mitigation plans as needed after award, and
to reject mitigation plans if the OCI, in the opinion of the Contracting Officer, cannot be avoided, or
mitigated.
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D. The Contracting Officer may terminate this contract for convenience in whole or in part, if it
deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential OCI
prior to award or discovered an actual or potential conflict after award and did not disclose or
misrepresented relevant information to the Contracting Officer, the Government may terminate this
contract for default, debar the Contractor from government contracting, or pursue such other
remedies as may be permitted by law or this contract.
E. The Contractor further agrees to insert provisions which must conform substantially to the
language of this clause including this paragraph (d) in any subcontract or consultant agreement
hereunder.
36.System for Award Management - Real Property (SAM Waiver) (09/2021) 6.4.1 The System for
Award Management (SAM) is the Government's required method to receive vendor information.
However, you have been granted an exception to SAM and therefore must provide your initial
payment information and any future changes to your payment information to the RECO on a
completed and signed "Vendor Miscellaneous Payment Information" form, together with any other
required notice under this lease.
37.Payment by Electronic Funds Transfer (09/2021) 6.4.2 All payments by the Government under
this Contract will be made by electronic funds transfer (EFT). The Government will make payment
by EFT through the Automated Clearing House (ACH) network, subject to the rules of the National
Automated Clearing House Association. The rules governing federal payments through the ACH are
contained in 31 CFR Part 210. The Lessor is responsible for maintaining correct payment
information with the Government. If the Lessor’s EFT information is incorrect or outdated, the
Government is not required to make payments to the Lessor until correct/current EFT information is
submitted to the Government for payment distribution.
38.Work Performance (09/2021) 6.5.2 All work in performance of this Lease shall be done by skilled
workers or mechanics and shall be acceptable to the RECO. The RECO retains the right to reject the
Lessor’s workers 1) if such are either unlicensed, unskilled, or otherwise incompetent, or 2) if such
have demonstrated unacceptable performance in connection with work carried out in conjunction
with this Lease. In the event of such rejection, the Lessor shall offer substitute/replacement workers,
subject to the approval of the RECO.
39.Installation of Antennas, Cables & Other Appurtenances (09/2021) 6.5.18The Government
shall have the right to install, operate and maintain antennas, wires and supporting structures,
including any linking wires, connecting cables and conduits atop and within buildings and structures,
or at other locations, as deemed necessary by the Government. The Government will coordinate with
the Lessor when installing antennas, cables, and other appurtenances.
40.Doors (09/2021) 6.6.1Exterior doors must be weather tight, equipped with cylinder locks and door
checks, automatic door closures and open outward. The Lessor must furnish the Government at least
two master keys and two keys for each lock. Interior doors must be solid cored and at least 32 by 80
inches with a minimum opening of 32 inches and be of sturdy construction. Fire doors must conform
to NFPA Standard No. 80. As designated by the Government, doors must be equipped with non-
removable hinge pins, and locks with 7-pin removable cores. The Government shall provide cores.
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Locks, locking arrangements and latches must be in accordance with local building and fire codes, as
well as OSHA 29 CFR 1910.
41.Display Advertising (09/2021) 6.6.7If the leased premises are solely for Government use, no
advertising matter shall be constructed on or over the premises, unless authorized by the RECO.
42.Erection of Signs (07/2022) 6.6.8The Government has the right to erect on or attach to the Lessor's
premises such signs as may be required to clearly identify the Government's facility or to post
Government policies, rules, and regulations. Signs so erected will remain the property of the
Government and will be removed from the premises upon termination of the lease.
43.Seismic Safety for Equipment (09/2021) 6.6.12All Lessor-installed equipment, either Government
provided or Lessor provided, shall be installed in strict accordance with the latest available edition of
the International Building Code (IBC) at the time of execution of this contract and the DOT
Specification FAA-G-2100H to ensure proper anchoring to protect personnel during a seismic event.
44.Services, Utilities, and Maintenance of Premises (10/2022) 6.7.1-1 The Lessor will maintain the
demised premises, including but not limited to, the building grounds, all equipment, fixtures and
appurtenances furnished by the Lessor under this Lease, in a good, clean and tenantable condition.
Utility and maintenance services supplied to space that houses technical equipment will be supplied
24 hours per day, seven days per week.
The Government has unlimited access to the leased premises 24 hours per day, seven days per week,
including, as applicable, the access to and use of electrical services, toilets, and lights at no
additional cost. Such access allows the Government to service Government-owned technical
equipment, or to perform other mission-critical related duties, as it determines necessary in its sole
and absolute discretion. The Government has the right to use appurtenant areas and facilities for
essential duties.
In addition to such other services as are set forth elsewhere in this Contract, the Lessor will provide
the following:
A. Electricity
B. Initial and replacement lamps, tubes and ballasts
C. Exterior and interior door locks and hardware – designed to accept 7-pin removable cores
supplied by the Government
D. Snow Removal
E. Ground Maintenance
45.Utilities not provided by the Lessor (10/2022) 6.7.1-2 If the cost of utilities is not included as part
of the rental consideration, the Lessor must specify which utilities are not included. For those
utilities that are not included as part of the rental consideration, the Lessor will provide separate
meters for utilities to be paid for by the Government. Proration is not permissible. Prior to occupancy
by the Government, the Lessor will furnish the RECO written verification of the meter numbers and
certification that these meters will measure FAA usage only. The Lessor will notify the RECO of
any changes in meter numbers or meter configuration during FAA occupancy.
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46.Fall Protection (09/2021) 6.8.4The Contractor must ensure proper fall protection safety systems are
in place for all work areas where Government personnel are required to perform work at four feet or
more above the next lowest level on fixed ladders and within access points to elevated work areas in
accordance with FAA Order 3900.19, FAA Occupational Safety and Health Policy, 29 CFR 1910,
Occupational Safety and Health Standards (General Industry), 29 CFR 1926 Subpart M, Safety and
Health Regulations for Construction, and applicable regulatory required American National Standard
Institute (ANSI) Standards. All such elevated work surfaces (platforms, catwalks, roofs, etc.) must
have OSHA compliant guardrails, railings, toe boards and/or parapets where applicable to meet
OSHA and ANSI requirements as referenced herein.
47.Environmental and Occupational Safety and Health (EOSH) Requirements (09/2021) 6.8.5 The
Contractor must provide space, services, equipment, and conditions that comply with the following
EOSH standards:
A. 29 CFR 1910, Occupational Safety and Health Administration (OSHA) Standards (General
Industry)
B. 29 CFR 1926, Safety and Health Standards (Construction)
C. National Fire Protection Association (NFPA) 101, Life Safety Code
D. FAA Order 3900.19, FAA Occupational and Health Policy
E. FAA Standard HF-STD-001, Human Factors Design Standard
F. National Fire Protection Association (NFPA) 70, National Electrical Code, and NFPA 70E,
Electrical Safety in the Workplace
G. Local and state EOSH regulations
H. Local and state fire codes and building codes.
Federal, state and local EOSH (OSHA and EPA) standards and building codes must be complied
with when accomplishing any cleaning, construction, renovation, remodeling, maintenance activities
or testing done in or on the leased premises and areas connected to or integrated with the premises.
Additionally, whenever FAA standards require work processes or precautions to be provided, the
Contractor will coordinate with the FAA before and during the work so that the proper requirements
are met.
Any equipment designed, installed, or used that presents a potential safety hazard shall be marked
with appropriate warning labels or placards, in accordance with 29 CFR 1910.145, Specifications for
Accident Prevention Signs and Tags, FAA HF-STD-001, Human Factors Design Standard, Chapter
12.16, Safety Labels and Placards, American National Standards Institute (ANSI) Standard Z535.4,
Product Safety Signs and Labels, and FAA-G-2100H, Electronic Equipment, General Requirements,
Section 3.3.5.4.
48.Warranty of Space (09/2021) 6.8.13 The contractor warrants that all space leased to the
Government under this contract complies with federal, state, and local regulations. The space is not
limited to that set forth in this contract, but also includes space above suspended ceilings in the
leased space, air plenums elsewhere in the building that service the leased space, engineering spaces
in the same ventilation zone as the leased space, public spaces in the same ventilation zone as the
leased space, and public spaces and common use spaces (e.g., lobbies, hallways).
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49.Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services
or Equipment (07/2023) 6.9.5
(a) Definitions. As used in this clause--
Backhaul means intermediate links between the core network, or backbone network, and the small
subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone
network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable,
Ethernet).
Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means—
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance
of critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such
equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an
entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the
Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or
controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means—
(1) Defense articles or defense services included on the United States Munitions List set forth in the
International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of
Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the
Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal
Regulations, and controlled—
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and
biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening.
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software,
and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to
foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal
Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of
title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export
Control Reform Act of 2018 (50 U.S.C. 4817).
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Interconnection arrangements means arrangements governing the physical connection of two or
more networks to allow the use of another's network to hand off traffic where it is ultimately
delivered (e.g., connection of a customer of telephone provider A to a customer of telephone
company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession
about the identity of the producer or provider of covered telecommunications equipment or services
used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited
network when unable to connect to the facilities of the home network either because signal coverage
is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or
performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13,
2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any
equipment, system, or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any system. The
Contractor is prohibited from providing to the Government any equipment, system, or service that
uses covered telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology as part of any system, unless an exception at paragraph (c) of
this clause applies or the covered telecommunication equipment or services are covered by a waiver
described in AMS T3.8.9C.1.c(5).
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020 from
entering into a contract, or extending or renewing a contract, with an entity that uses any equipment,
system, or service that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system, unless an
exception at paragraph (c) of this clause applies or the covered telecommunication equipment or
services are covered by a waiver described in AMS T3.8.9C.1.c(5). This prohibition applies to an
entity that uses covered telecommunications equipment or services, including use not in support of
the Government.
(c) Exceptions. This clause does not prohibit contractors from providing—
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or
interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility
into any user data or packets that such equipment transmits or otherwise handles.
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(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as
a substantial or essential component of any system, or as critical technology as part of any system,
during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by
any other source, the Contractor must report the information in paragraph (d)(2) of this clause to the
Contracting Officer, unless elsewhere in this contract are established procedures for reporting the
information. For indefinite delivery contracts, the Contractor must report to the Contracting Officer
for the indefinite delivery contract and the Contracting Officer(s) for any affected order.
(2) The Contractor must report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number;
the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);
supplier Commercial and Government Entity (CAGE) code (if known); brand; model number
(original equipment manufacturer number, manufacturer part number, or wholesaler number); item
description; and any readily available information about mitigation actions undertaken or
recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any
further available information about mitigation actions undertaken or recommended. In addition, the
Contractor must describe the efforts it undertook to prevent use or submission of covered
telecommunications equipment or services, and any additional efforts that will be incorporated to
prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor must insert the substance of this clause, including this paragraph
(e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition
of commercial items.
50.Covered Telecommunications Equipment or Services- Representations (09/2021) 6.9.5-1
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has
the meaning per the "Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment” clause in this contract.
(b) Procedures. The offeror must review the list of excluded parties in the System for Award
Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for
covered telecommunications equipment or services.
(c) Representations.
1. The offeror represents that it _________ does, _________ does not provide covered
telecommunications equipment or services as part of its offered products or services to the
Government in the performance of any contract, subcontract, or other contractual instrument.
2. After conducting a reasonable inquiry for purposes of this representation, the offeror represents
that it _____________ does, ______________ does not use covered telecommunications equipment
or services, or any equipment, system, or service that uses telecommunications equipment or
services.
51.Representation Regarding Certain Telecommunications and Video Surveillance Services or
Equipment (09/2021) 6.9.5-2 NOTE: The offeror must not complete the representation at paragraph
(d)(1) in this provision if the offeror has represented that it does not provide covered
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telecommunications equipment or services as part of its offered products or services to the
Government in the performance of any contract, subcontract, or other contractual instrument in the
provision "Covered Telecommunications Equipment or Services – Representation" (c)(1).
Additionally, The offeror must not complete the representation at paragraph (d)(2) in this provision
if the offeror has represented that it does not use covered telecommunications equipment or services,
or any equipment, system, or service that uses telecommunications equipment or services in the
provision "Covered Telecommunications Equipment or Services – Representation" (c)(2).
PROVISION/CLAUSE:
(a) Definitions. As used in this provision--
Backhaul, covered telecommunications equipment or services, critical technology, interconnection
arrangements, reasonable inquiry, roaming, and substantial or essential component have the
meanings provided in the clause AMS clause 6.9.5, Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibitions.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from
procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment,
system, or service that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system.
Nothing in this prohibition will be construed to—
(i) Prohibit the head of the agency from procuring with an entity to provide a service that connects to
the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot
permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020 from
entering into a contract or renewing a contract with an entity that uses any equipment, system, or
service that uses covered telecommunications equipment or services as a substantial or essential part
of any system or as critical technology as part of any system. This prohibition applies to any entity
that uses covered telecommunications equipment or services, including uses not in support of the
Government.
Nothing in this prohibition will be construed to-
(i) Prohibit the head of the agency from procuring with an entity to provide a service that connects to
the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot
permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures: The offeror must review the list of excluded parties in the System for Award
Management (SAM) (https://www.sam.gov) for entities excluded from Federal awards for covered
telecommunications equipment or services.
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(d) Representations.
(1) The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment
or services to the Government in the performance of any contract, subcontract or other contractual
instrument resulting from this solicitation.
(2) After conducting a reasonable inquiry for purposes of this representation, the Offeror represents
that that it [ ]does, [ ]does not USE covered telecommunications equipment or services, or use any
equipment, system, or service that uses covered telecommunications equipment or services. The
Offeror must provide the additional disclosure information required at paragraph (e) if the Offeror
indicates “does”.
(e) Disclosures. Disclosure for the representation in paragraph (d) (1) of this provision-
If the Offeror has responded “will” in the representation in paragraph (d) (1) of this provision, the
Offeror must provide the following information as part of the offer—
(1) For covered equipment
(i) The entity that produced the covered telecommunications equipment (include entity name, unique
entity identifier, CAGE code, and whether the entity was the original equipment manufacturer
(OEM) or a distributor, if known;
(ii) A description of all covered telecommunications equipment offered (include brand; model
number, such as OEM number, manufacturer part number, or wholesaler number; and item
description, as applicable); and
(iii) Explanation of the proposed use of covered telecommunications equipment and any factors
relevant to determining if such use would be permissible under the prohibition in paragraph (b) (1)
of this provision;
(2) For covered services-
(i) If the service is related to item maintenance, a description of all covered telecommunications
services offered (include on the item being maintained: brand, model number, such as OEM number,
manufacturer part number, or wholesaler number; and item description, as applicable; or
(ii) If not associated with maintenance, the Product Service Code (PSC) of the service being
provided; and explanation of the proposed uses of covered telecommunications services and any
factors relevant to determining if such use would be permissible under the prohibition in paragraph
(b)(1) of this provision.
Disclosure for representation in paragraph (d) (2) of this provision. If the Offeror has responded
“does” to paragraph (d)(2) of this provision, the offeror must provide the following information as
part of the offer—
(3) For covered equipment
(i)The entity that produced the covered telecommunications equipment (include entity name, unique
entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known;
(ii) A description of all covered telecommunications equipment offered (include brand; model
number, such as original equipment manufacturer (OEM) number, manufacturer part number, or
wholesaler number; and item description, as applicable); and
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(iii) Explanation of the proposed use of covered telecommunications equipment and services and any
factors relevant to determining if such use would be permissible under the prohibition in paragraph
(b) (2) of this provision.
(4) For covered services-
(i) If the service is related to item maintenance, a description of all covered telecommunications
services offered (include on the item being maintained: brand, model number, such as OEM number,
manufacturer part number, or wholesaler number; and item description, as applicable); or
(ii) If not associated with maintenance, the Product Service Code (PSC) of the service being
provided; and explanation of the proposed uses of covered telecommunications services and any
factors relevant to determining if such use would be permissible under the prohibition in paragraph
(b)(2) of this provision.
52.Cooperation with Defensive Counterintelligence Program Requirements (DCIP) (09/2021)
6.9.6
a. The FAA’s Defensive Counterintelligence Program (DCIP) (AXI-310) detects, deters, and denies
illicit human and technical intelligence collection activities as well as addressing other national
security concerns. Such activities and concerns include, but are not limited to, activities conducted
by, on behalf of, or otherwise supporting, foreign governments or elements thereof; entities or
individuals that meet the definition of “foreign power” or “agent of a foreign power” in 50 U.S.C. §
1801; foreign organizations; foreign persons; international terrorist organizations or activities; or
agents of any of the foregoing; or any other individuals or entities acting on behalf of, or otherwise
in support of, any of the foregoing, against the FAA, its employees, facilities, equipment, systems,
networks, operations, and information.
b. Consistent with FAA Order 1600.84 FAA Defensive Counterintelligence Program, the contractor
is required to cooperate to the fullest extent possible in the following requirements:
1) Any authorized DCIP inquiry or Counterintelligence (CI) investigation connected with this
contract requested by the FAA Office of Security and Hazardous Materials Safety (ASH) to include
granting authorized ASH or outside investigative department or agency personnel access to contract
information, records or contractor personnel;
2) All applicable FAA security requirements as required under the contract consistent with FAA
policy and applicable Federal law;
3) When requested by the DCIP, and necessary to protect Controlled National Security Information
(CNSI), Sensitive Unclassified Information (SUI), or otherwise protected information, contractor
employees must sign a Defensive Counterintelligence Program Non-Disclosure Agreement (NDA)
prior to being briefed on any information pertaining to a DCIP inquiry, CI investigation by another
Department or Agency, or any other matter related to the DCIP. The NDA is located in Appendix C
of the Order and in AMS Procurement Forms. Contractor employees are exempt from
acknowledging any language in the NDA associated with unauthorized disclosure of received
information that subjects FAA employees to personnel actions specified in the Human Resources
Policy Manual (HRPM) Volume 4: Employee Relations ER-4.1 (4) and applicable collective
bargaining agreements.
4) Contractors must first coordinate with the DCIP at ASH-CI-Notify@faa.gov before contacting
any law enforcement or investigative agencies on any known or suspected counterintelligence or
other national security concern described in Paragraph 1 of FAA Order 1600.84.
5) Contractors must notify the DCIP as soon as possible if any law enforcement or investigative
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agency contacts them directly on any matter covered by FAA Order 1600.84. If an employee
receives a direct request from an outside law enforcement or investigative agency for evidence
related to a counterintelligence or other national security concern as described in Paragraph 1 of
FAA Order 1600.84, the employee will refer the law enforcement or investigative agency to AXI-
310.
6) Contractors must immediately notify the DCIP at ASH-CI-Notify@faa.gov, and the CO or their
designee if their employees observe any of the following-
a) Suspected or known acts of foreign intelligence collection activity against the FAA or its
employees, systems, networks, operations, facilities, equipment, or information;
b) Suspected or known espionage (See Appendix A of FAA Order 1600.84 for definition);
c) Suspected or known unauthorized disclosure of CNSI, SUI, or otherwise protected information in
the possession of the FAA by a FAA employee to a foreign government or element thereof, a foreign
organization, an entity or individual that meets the definition of “foreign power” or “agent of a
foreign power” in 50 U.S.C. § 1801, a foreign person, an international terrorist organization or
activity, an agent of any of the foregoing, or any other individual or entity acting on behalf of or
otherwise supporting any of the foregoing; or
d) Suspected or known theft, unauthorized disclosure, or unauthorized amassing of CNSI, SUI, or
otherwise protected information in the possession of the FAA known or suspected to be for the
purpose of conveying it to a foreign government or element thereof, an entity or individual that
meets the definition of “foreign power” or “agent of a foreign power” in 50 U.S.C. § 1801, a foreign
organization, a foreign person, an international terrorist organization or activity, an agent of any of
the foregoing, any other individual or entity acting on behalf of or otherwise supporting any of the
foregoing, or an unknown recipient, or statements of intent by an FAA employee to engage in any
such actions. SUI or otherwise protected unclassified information whose theft, unauthorized
disclosure, or unauthorized amassing, for the purposes described in the preceding sentence, is of
concern includes, but is not limited to:
i. Non-public information from an official FAA data network or information;
ii. Imagery;
iii. Technical specifications;
iv. Trade secrets;
v. Proprietary information;
vi. Sensitive Security Information (SSI); and
vii. Any other SUI
e) Activities similar to those described in paragraphs b(6)(a)-(d) by, on behalf of, or otherwise
supporting, potential lone wolf actors, malicious insiders, or transnational organizations of a national
security concern.
If notification of the CO or their designee is not feasible owing to the CO and/or their designee being
one of the suspicious actor(s), the contractor must notify the DCIP directly at the above email
address if they observe any of the above activities.
7) Elicitation attempts. Elicitation is the strategic use of conversation to extract information from
people without giving them the feeling they are being interrogated. It is a technique used to
discreetly gather information. It is a conversation with a specific purpose: collect information that is
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not readily available and do so without raising suspicion that specific facts are being sought. The
conversation can be in person, over the phone, or in writing.
Contractors must immediately notify the DCIP at ASH-CI-Notify@faa.gov, and the CO and/or their
designee if their employees experience any known or suspected direct (e.g., personal encounter or
telephone) or indirect (e.g., electronic or written communication) elicitation or attempted elicitation
of CNSI, SUI, or otherwise protected information in the possession of the FAA by any suspicious
entity or person, regardless of ethnicity, nationality, or FAA employment status, as soon as possible,
but no later than 12 hours after the time of the incident, initial detection, or receipt of report, as
applicable, or the next business day if the incident, initial detection, or receipt of report, as
applicable, occurs on a weekend or holiday. Contractors must report these incidents regardless of
where, when, or how the contact took place, or whether the employee was on or off duty. Suspicious
activities include, but are not limited to:
a) Direct or indirect contact or communication with a known or suspected foreign or foreign-
affiliated person, or an unknown or unfamiliar person, seeking access to or disclosure of any CNSI,
SUI, or otherwise protected information in the possession of the FAA for which such person does
not meet the applicable access requirements, or that is outside the scope of their official duties;
b) Direct or indirect contact or communication with a known or suspected foreign or foreign-
affiliated person, or an unknown or unfamiliar person, seeking specific information about an FAA
employee’s official duty responsibilities, work projects, access to information, security clearance,
travel plans, coworkers’ identities, or Information Technology (IT) system credentials for which
such person does not meet the applicable access requirements, or that is outside the scope of their
official duties;
c) Direct or indirect contact, communication, or observance of a known or suspected foreign or
foreign-affiliated person, or an unknown or unfamiliar person, seeking unauthorized access to FAA
employees, equipment, operations, systems, information, facilities, or networks, including through a
Personal Electronic Device (PED);
d) Direct or indirect contact, communication, or observance of a known or suspected foreign or
foreign-affiliated person, or an unknown or unfamiliar person, introducing, or seeking to introduce,
unauthorized digital media or software into any FAA equipment, facilities, systems, or networks,
including through a PED;
e) Offers of compensation, gifts, or favors in exchange for FAA information or access to such
information, regardless of medium; or access to FAA employees, equipment, operations, facilities,
systems, or networks;
f) Threats, attempts to coerce, or attempts to exploit any FAA employee by a known or suspected
foreign or foreign-affiliated person, or by an unknown or unfamiliar person, in order to illicitly
acquire FAA information or access to FAA employees, equipment, operations, facilities, systems,
information, or networks;
g) Solicitation by any person of FAA information for which they do not meet the applicable access
requirements or that is outside the scope of their official duties;
h) A request by any person for access to FAA employees, facilities, equipment, operations, systems,
information, or networks for which they do not meet the applicable access requirements or that is
outside the scope of their official duties; and
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i) Suspicious or unexplained contact by any person with an FAA employee, where the person has
suspicious or unexplained knowledge of the employee.
Unless requested by ASH, contractors must not disclose an elicitation attempt of the nature
described above, in any other manner than to report the attempt to the CO or their designee and
request that they report it to the DCIP. If that is not feasible, or if the CO or their designee are the
suspicious actor(s), contractors may make these reports directly to the DCIP at the above email
address. Contractors must not take any actions on their own initiative, as doing so may interfere with
a DCIP inquiry or CI investigation.
c. Failure to cooperate with any of the activities under section (b) above may be considered by the
FAA to be a material breach of the contract.
d. The Contractor is responsible for ensuring that the provisions of this clause flow down to its
subsidiaries, subcontractors, and consultants performing this contract.
53.Access Limitation for High-Security Leased Space (07/2023) 6.9.7-1 a. Definitions. As used in
this clause–
Financing means the process of raising or providing funds through debt or equity for purposes of
meeting the requirements of the Lease, including, but not limited to, acquisition, maintenance, and
construction of, or improvements to, the Property.
Foreign entity means a:
i. Corporation, company, business association, partnership, society, trust, or any other
nongovernmental entity, organization, or group that is headquartered or organized under the laws of
a country that is not the United States or a state, local government, tribe, or territory within the
United States; or
ii. Government or governmental instrumentality that is not the United States Government.
Foreign person means an individual who is not:
i. A United States citizen; or
ii. An alien lawfully admitted for permanent residence in the United States.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror or
Lessor, or that owns or controls one or more entities that control an immediate owner of the offeror
or Lessor. No entity owns or exercises control of the highest-level owner.
Immediate owner means an entity, other than the offeror or Lessor, that has direct control of the
offeror or Lessor. Indicators of control include, but are not limited to, one or more of the following:
ownership or interlocking management, identity of interests among family members, shared facilities
and equipment, and the common use of employees.
Unique entity identifier means a number or other identifier used to identify a specific commercial,
nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique
entity identifiers.
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(b) Timing. The Offeror or Lessor shall complete this representation when submitting a proposal. If
the Offeror is the successful awardee, the Offeror (now Lessor) shall review, update, and provide
this representation on an annual basis, reflecting all changes to immediate owner, highest-level
owner and financing during the preceding 1-year period, starting one year from the Lease Term
Effective Date through final payment of any contract. If the Lessor intends to transfer the lease to a
successor in interest, the Lessor shall submit this representation to the Real Estate Contracting
Officer (RECO) with any request to novate the lease. The Offeror or Lessor is responsible for the
currency, accuracy and completeness of the data disclosed, and for any liability resulting from the
Government's reliance on inaccurate or incomplete data.
(c) Immediate owner.
(1) The Offeror or Lessor represents that it
☐does have an immediate owner.
☐does not have an immediate owner.
(2) If the Offeror or Lessor indicates "does" in paragraph (c)(1) of this clause, then enter the
following information for the immediate owner. If the offeror or Lessor has more than one
immediate owner (e.g., joint venture), then the offeror or Lessor shall provide the information for
each entity.
Legal Name (do not use “doing business as” name”): ____________________________________
Unique entity identifier (if available): ________________________________
(3) If the Offeror or Lessor indicates “does” in paragraph (c)(1) of this clause, then complete this
additional representation:
Is the immediate owner a foreign entity?: ☐ Yes or ☐No
(4) If the Offeror or Lessor indicates "does" in paragraph (c)(1) of this clause, then complete this
additional representation:
Is the immediate owner a foreign person?: ☐ Yes or ☐No
(5) If the Offeror or Lessor indicates "Yes" in either paragraph (c)(3) or (4) of this clause, indicating
that there is foreign ownership (as a foreign entity or foreign person), then enter the following
information for the foreign owner (respond for each as applicable).
Physical Address: _______________________________________________________
Country: ______________________________________________________________
(d) Highest-level owner.
(1) The Offeror or Lessor represents that the immediate owner, if any,
☐is owned or controlled by another entity.
☐is not owned or controlled by another entity.
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(2) If the Offeror or Lessor indicates “is” in paragraph (d)(1) of this clause, indicating that the
immediate owner is owned or controlled by another entity, then enter the following information for
the highest-level owner.
Legal Name (do not use “doing business as” name”): _____________________________________
Unique entity identifier (if available): ________________________________
(3) If the Offeror or Lessor indicates “is” in paragraph (d)(1) of this clause, then complete this
additional representation:
Is the highest-level owner a foreign entity?: ☐ Yes or ☐No
(4) If the Offeror or Lessor indicates "is" in paragraph (d)(1) of this clause, then complete this
additional representation:
Is the immediate owner a foreign person?: ☐ Yes or ☐No
(5) If the Offeror or Lessor indicates "Yes" in either paragraph (d)(3) or (4) of this clause, indicating
that there is foreign ownership (as a foreign entity or foreign person), then enter the following
information for the foreign owner (respond for each as applicable).
Physical Address: _______________________________________________________
Country: ______________________________________________________________
(e) Financing entity.
(1) The Offeror or Lessor represents that the financing
☐does involve a foreign entity
☐does not involve a foreign entity
(2) The Offeror or Lessor represents that the financing
☐does involve a foreign person
☐does not involve a foreign person
(3) If the Offeror or Lessor indicates “does” in either paragraph (e)(1) or (2) of this clause, indicating
foreign financing (as a foreign entity or foreign person), then enter the following information for the
foreign financing (respond for each as applicable).
Legal Name (do not use “doing business as” name”): _____________________________________
Unique entity identifier (if available): ________________________________
FAA CONTRACT NO: 697DCM-24-L-00073
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OFFEROR OR LESSOR NAME AND SIGNATURE:
________________________________________________
NAME
_________________________________________________
SIGNATURE
54.Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures
(01/2024) 6.9.8
(a)Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community,
National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive
compartmented information system, and Source have the meaning provided in the AMS Real
Property Clause 6.9.8-1, Federal Acquisition Supply Chain Security Act Orders—Prohibition.
(b)Prohibition. Contractors are prohibited from providing or using as part of the performance of the
contract any covered article, or any products or services produced or provided by a source, if the
prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA)
order, as described in paragraph (b)(1) of AMS Real Property Clause 6.9.8-1, Federal
Acquisition Supply Chain Security Act Orders—Prohibition.
(c)Procedures.
(1) The Offeror must search for applicable FASCSA orders of the type identified in paragraph
(b)(1) of AMS Real Property Clause 6.9.8-1 in the System for Award Management (SAM).
Issued FASCSA Orders may be identified by selecting the “View FASCSA Orders” button
from the SAM homepage (https://www.sam.gov) and viewing or downloading FASCSA
orders from the Supply Chain Security Orders webpage.
(2) The Offeror must review the SIR for any FASCSA orders that are not in SAM but are
effective and do apply to the SIR and resultant contract (see AMS Guidance
T3.8.9.C.4.c.(2)(A)(ii)).
(3) FASCSA orders issued after the publication date of the SIR do not apply unless the order is
subsequently added to the SIR via amendment.
(d)Representation. By submission of this offer, the offeror represents that it has conducted a
“reasonable inquiry” (as defined in AMS Real Property Clause 6.9.8-1), and that the offeror does
not propose to provide or use in response to this SIR any covered article, or any products or
services produced or provided by a source, if the covered article or the source is prohibited by an
applicable FASCSA order in effect on the date the SIR was issued, except as waived by the SIR,
or as disclosed in paragraph (e) Disclosures, below.
(e)Disclosures. The purpose for this disclosure is so the FAA may decide whether to issue a waiver.
For any covered article, or any products or services produced or provided by a source, if the
covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable
to represent compliance, then the Offeror must provide the following information as part of the
offer:
(1) Name of the product or service provided to the Government;
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(2) Name of the covered article or source subject to a FASCSA order;
(3) If applicable, name of the vendor, including the Commercial and Government Entity code
and unique entity identifier (if known), that supplied the covered article or the product or
service to the Offeror;
(4) Brand;
(5) Model number (original equipment manufacturer number, manufacturer part number, or
wholesaler number);
(6) Item description; and
(7) Reason why the applicable covered article or the product or service is being provided or
used.
(f)FAA review of disclosures. The Contracting Officer will review disclosures provided in
paragraph (e) Disclosures, to determine if any waiver may be sought. A Contracting Officer may
choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA
order and may instead make an award to an offeror that does not require a waiver.
(a)Federal Acquisition Supply Chain Security Act Orders—Prohibition (01/2024) 6.9.8-1
Definitions. As used in this clause—
Covered article, as defined in 41 U.S.C. 4713(k), means—
(1) “Information technology,” as defined in 40 U.S.C. 11101, including cloud computing
services of all types;
(2) “Telecommunications equipment” or “telecommunications service,” as those terms
are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);
(3) The processing of information on a Federal or non-Federal information system,
subject to the requirements of the Controlled Unclassified Information program (see 32
CFR part 2002); or
(4) Hardware, systems, devices, software, or services that include embedded or incidental
information technology.
FASCSA order means any of the following orders issued under the Federal Acquisition
Supply Chain Security Act (FASCSA) requiring the removal of covered articles from
executive agency information systems or the exclusion of one or more named sources or
named covered articles from executive agency procurement actions, as described in 41 CFR
201–1.303(d) and (e):
(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian
agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of
FASCSA order may be referred to as a Department of Homeland Security (DHS)
FASCSA order.
(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of
Defense (DoD) and national security systems other than sensitive compartmented
information systems. This type of FASCSA order may be referred to as a DoD FASCSA
order.
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(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to
the intelligence community and sensitive compartmented information systems, to the
extent not covered by paragraph (2) of this definition. This type of FASCSA order may
be referred to as a DNI FASCSA order.
Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—
(1) The Office of the Director of National Intelligence;
(2) The Central Intelligence Agency;
(3) The National Security Agency;
(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence Agency;
(6) The National Reconnaissance Office;
(7) Other offices within the Department of Defense for the collection of specialized
national intelligence through reconnaissance programs;
(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps,
the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement
Administration, and the Department of Energy;
(9) The Bureau of Intelligence and Research of the Department of State;
(10) The Office of Intelligence and Analysis of the Department of the Treasury;
(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or
(12) Such other elements of any department or agency as may be designated by the
President, or designated jointly by the Director of National Intelligence and the head of
the department or agency concerned, as an element of the intelligence community.
National security system, as defined in 44 U.S.C. 3552, means any information system (including
any telecommunications system) used or operated by an agency or by a contractor of an agency,
or other organization on behalf of an agency—
(1) The function, operation, or use of which involves intelligence activities; involves
cryptologic activities related to national security; involves command and control of
military forces; involves equipment that is an integral part of a weapon or weapons
system; or is critical to the direct fulfillment of military or intelligence missions, but does
not include a system that is to be used for routine administrative and business
applications (including payroll, finance, logistics, and personnel management
applications); or
(2) Is protected at all times by procedures established for information that have been
specifically authorized under criteria established by an Executive order or an Act of
Congress to be kept classified in the interest of national defense or foreign policy.
Reasonable Inquiry means an inquiry designed to uncover any information in the entity's
possession about the identity of any covered articles, or any products or services produced or
provided by a source. This applies when the covered article or the source is subject to an
applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or
third-party audit.
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Sensitive compartmented information means classified information concerning or derived from
intelligence sources, methods, or analytical processes, which is required to be handled within
formal access control systems established by the Director of National Intelligence.
Sensitive compartmented information system means a national security system authorized to
process or store sensitive compartmented information.
Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.
(b)Prohibition.
(1) Unless an applicable waiver has been issued by the issuing official, Contractors
are prohibited from providing or using as part of the performance of the contract
any covered article, or any products or services produced or provided by a source,
if the covered article or the source is prohibited by any applicable FASCSA
orders identified by the checkbox(es) in this paragraph (b)(1).
Yes ☐ No ☐ DHS FASCSA orders
Yes ☐ No ☐ DoD FASCSA orders
Yes ☐ No ☐ DNI FASCSA orders
(2) The Contractor must search for applicable FASCSA orders of the type identified
in paragraph (b)(1) of this clause in the System for Award Management (SAM).
Issued FASCSA Orders may be identified by selecting the “View FASCSA
Orders” button from the SAM homepage (https://www.sam.gov) and viewing or
downloading FASCSA orders from the Supply Chain Security Orders webpage.
(3) The FAA may identify in the SIR additional FASCSA orders that are not in SAM,
which are effective and apply to the SIR and resultant contract.
(4) A FASCSA order issued after the publication date of the SIR applies to this
contract only if added by an amendment to the SIR or by modification to the
contract. However, see paragraph (c) of this clause.
(5)Contractor request for waivers.
(i)Required disclosures. If the contractor wishes to ask for a waiver of the
requirements of an existing order identified in a SIR or contract for a waiver of
the requirements of a new FASCSA order being applied through modification,
then the Contractor must disclose the following:
(A)Name of the product or service provided to the Government;
(B)Name of the covered article or source subject to a FASCSA order;
(C)If applicable, name of the vendor, including the Commercial and Government
Entity code and unique entity identifier (if known), that supplied or supplies
the covered article or the product or service to the Offeror;
(D)Brand;
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(E) Model number (original equipment manufacturer number, manufacturer part
number, or wholesaler number);
(F) Item Description;
(G)Reason why the applicable covered article or the product or service is being
provided or used;
(ii)FAA review of disclosures. The Contracting Officer will review disclosures
provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A
Contracting Officer may choose not to pursue a waiver for covered articles or
sources otherwise covered by a FASCSA order and to instead pursue other
appropriate action.
(c)Notice and reporting requirement.
(1) During contract performance, the Contractor is required to:
(i) Comply with all FASCSA orders identified under paragraph (b) of this clause;
and
(ii) Review SAM.gov at least once every three months, or as advised by the
Contracting Officer, to check for covered articles subject to FASCSA order(s), or
for products or services produced by a source subject to FASCSA order(s) not
currently identified under paragraph (b) of this clause.
(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain,
then the Contractor must conduct a reasonable inquiry to identify whether a covered
article or product or service produced or provided by a source subject to the FASCSA
order(s) was provided to the Government or used during contract performance.
(3) If the Contractor identifies, including through any notification by a subcontractor at any
tier, that a covered article or product or service produced or provided by a covered source
was provided to the Government or used during contract performance and is subject to a
FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order
identified in paragraph (c)(2) of this clause, the Contractor must submit a report to the
Contracting Officer.
(4) The Contractor must report the following information for each covered article or each
product or service produced or provided by a source, where the covered article or source
is subject to a FASCSA order, pursuant to paragraph (c) of this clause:
(i) Within 3 business days from the date of such identification or notification:
(A)Contract number;
(B)Order number(s), if applicable;
(C)Name of the product or service provided to the Government or used during
performance of the contract;
(D)Name of the covered article or source subject to a FASCSA order;
(E) If applicable, name of the vendor, including the Commercial and Government
Entity code and unique entity identifier (if known), that supplied the covered
article or the product or service to the Contractor;
(F) Brand;
(G)Model number (original equipment manufacturer number, manufacturer part
number, or wholesaler number);
(H)Item description; and
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(I) Any readily available information about mitigation actions undertaken or
recommended.
(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i)
of this clause:
(A)Any further available information about mitigation actions undertaken or
recommended.
(B)In addition, the Contractor must describe the efforts it undertook to prevent
submission or use of the covered article or the product or service produced or
provided by a source subject to an applicable FASCSA order, and any
additional efforts that will be incorporated to prevent future submission or use
of the covered article or the product or service produced or provided by a
source that is subject to an applicable FASCSA order.
(d)Removal. Upon notification from the contracting officer, during the performance of the
contract, the Contractor must promptly make any necessary changes or modifications to
remove any covered article or any product or service produced or provided by a source that is
subject to an applicable Governmentwide FASCSA order.
(e)Subcontracts.
(1) The Contractor must insert the substance of this clause, including this paragraph (e) and
excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual
instruments, including subcontracts for the acquisition of commercial products and
commercial services.
(2) The Government may identify in the SIR additional FASCSA orders that are not in SAM,
which are effective and apply to the contract and any subcontracts and other contractual
instruments under the contract. The Contractor or higher-tier subcontractor must notify
their subcontractors, and suppliers under other contractual instruments, that the FASCSA
orders in the SIR that are not in SAM apply to the contract and all subcontracts.
55.Notices (09/2021) 6.10.1All notices/correspondence must be in writing, reference the Contract
number, and be addressed as follows:
TO THE CONTRACTOR:
Oakland County International Airport
Manager of Aviation
6500 Patterson Parkway
Pontiac, MI 48327
TO THE GOVERNMENT:
Federal Aviation Administration
Real Estate Branch, AAQ-940
10101 Hillwood Parkway
Fort Worth, Texas 76177
FAA CONTRACT NO: 697DCM-24-L-00073
ATID/FACILITY TYPE: PTK/SCC Storage
LOCATION: Pontiac (Waterford), MI
30
Federal Aviation Administration
Antenna & Equipment Space Lease, 01/2024
OMB CONTROL NO. 2120-0595
56.Signature Block (09/2021) 6.10.3 This Contract shall become binding when it is fully executed by
both parties. In witness whereof, the parties hereto have subscribed their names as of the date shown
below.
COUNTY OF OAKLAND, MICHIGAN
OAKLAND COUNTY INTERNATIONAL AIRPORT
By: _________________________
Print Name: _________________________
Title: ____________________
Date: _________________________
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
By: _________________________
Print Name: _________________________
Title: Real Estate Contracting Officer
Date: _________________________
ATTACHMENTS/EXHIBITS:
Number Title Date Number
of Pages
1 Certificate of Authority 1
2
3
4
5