Acquisition Management Policy - Download selected sections

Acquisition Management Policy - (Archived Version : 10/2008)

1 Overview and Key Elements
1.1 Overview
1.1.1 Purpose _{Revised 10/2007}
1.1.2 Scope and Structure
1.1.3 Legal Basis for the Policy
1.1.4 Applicability
1.1.5 FAA Lifecycle Management Process
1.2 Key Elements of Acquisition Management
1.2.1 Integrated Strategic Planning, Management, and Budgeting _{Revised 7/2006}
1.2.2 Enterprise Architecture _{Revised 7/2008}
1.2.3 The Joint Resources Council _{Revised 7/2008}
1.2.4 Subordinate Investment Review Boards _{Revised 7/2008}
1.2.5 Service Organizations
1.2.6 Service Management _{Revised 7/2008}
1.2.7 Portfolio Management _{Added 7/2008}
1.2.7.1 Portfolio Selection Criteria _{Added 7/2008}
1.2.7.2 Selecting the Investment Portfolio _{Added 7/2008}
1.2.7.3 Controlling the Investment Portfolio _{Added 7/2008}
1.2.7.4 Evaluating In-Service Assets _{Added 7/2008}
1.2.7.5 Reviewing and Improving the Performance of Service Portfolios _{Added 7/2008}
1.2.8 Lifecycle Management Decision-Making _{Revised 8/2008}
1.2.9 Service-Level Reviews _{Revised 7/2008}
1.2.10 Cost Accounting _{Revised 10/2007}
1.2.11 Workforce Development and Qualification _{Revised 7/2006}
1.2.12 Continuous Improvement
1.2.13 On-line Policy Access - FAST
1.2.14 AMS Change Management
1.2.15 Legal Coordination _{Revised 7/2006}
1.2.16 AMS Lifecycle Management Documentation _{Revised 7/2008}
1.2.17 OMB Budget Documentation
1.2.18 National Acquisition Evaluation Program _{Added 7/2007}
2 Lifecycle Acquisition Management Policy
2.1 Overview _{Revised 7/2006}
2.1.1 Key Elements of Lifecycle Management Policy _{Revised 8/2008}
2.1.2 Evolutionary Product Development _{Revised 7/2008}
2.1.3 Knowledge-Based Decision-Making _{Added 7/2006}
2.1.4 Standard Program Milestones _{Revised 10/2007}
2.1.5 Standard Lifecycle Work Breakdown Structure _{Revised 7/2008}
2.1.6 Measurement and Analysis _{Added 10/2008}
2.2 Research and Systems Analysis _{Revised 8/2008}
2.2.1 What Must Be Done _{Revised 7/2008}
2.2.2 Outputs and Products _{Revised 4/2008}
2.2.3 Who Approves? _{Revised 4/2008}
2.3 Mission Analysis
2.3.1 Corporate Mission Analysis _{Revised 7/2008}
2.3.1.1 What Must Be Done _{Revised 7/2008}
2.3.1.2 Outputs and Products _{Revised 7/2008}
2.3.1.3 Who Does It? _{Revised 8/2008}
2.3.1.4 Who Approves _{Revised 8/2008}
2.3.2 Service Analysis _{Revised 7/2008}
2.3.2.1 What Must Be Done _{Revised 7/2008}
2.3.2.2 Outputs and Products _{Revised 7/2008}
2.3.2.3 Who Does It? _{Revised 8/2008}
2.3.2.4 Who Approves? _{Revised 7/2008}
2.3.3 Concept and Requirements Definition Readiness Decision _{Revised 8/2008}
2.3.3.1 Entrance Criteria _{Revised 7/2008}
2.3.3.2 Vice President (ATO) or Director (non-ATO) Actions _{Revised 7/2008}
2.3.4 Concept and Requirements Definition _{Revised 8/2008}
2.3.4.1 What Must Be Done _{Revised 8/2008}
2.3.4.2 Outputs and Products _{Revised 7/2008}
2.3.4.3 Who Does It? _{Revised 7/2008}
2.3.4.4 Who Approves? _{Revised 8/2008}
2.3.5 Investment Analysis Readiness Decision _{Revised 7/2008}
2.3.5.1 Entrance Criteria _{Revised 7/2008}
2.3.5.2 Vice President (ATO) or Director (non-ATO) Actions _{Revised 7/2008}
2.4 Investment Analysis _{Revised 7/2008}
2.4.1 Initial Investment Analysis - Analyze Alternatives
2.4.1.1 What Must Be Done _{Revised 8/2008}
2.4.1.2 Outputs and Products _{Revised 7/2008}
2.4.1.3 Who Does It? _{Revised 7/2008}
2.4.1.4 Who Approves? _{Revised 8/2008}
2.4.2 Initial Investment Decision _{Revised 10/2008}
2.4.2.1 Entrance Criteria _{Revised 8/2008}
2.4.2.2 Joint Resource Council Actions _{Revised 7/2008}
2.4.3 Final Investment Analysis - Plan and Baseline the Investment
2.4.3.1 What Must Be Done _{Revised 7/2008}
2.4.3.2 Outputs and Products _{Revised 8/2008}
2.4.3.3 Who Does It? _{Revised 7/2008}
2.4.3.4 Who Approves? _{Revised 7/2008}
2.4.4 Final Investment Decision _{Revised 7/2008}
2.4.4.1 Entrance Criteria _{Revised 7/2008}
2.4.4.2 Joint Resources Council Actions _{Revised 7/2008}
2.5 Solution Implementation _{Revised 8/2008}
2.5.1 What Must Be Done _{Revised 7/2008}
2.5.2 Outputs and Products _{Revised 10/2007}
2.5.3 Who Does It? _{Revised 7/2008}
2.5.4 Who Approves? _{Revised 7/2008}
2.6 In-Service Decision _{Revised 7/2008}
2.6.1 Entrance Criteria _{Revised 7/2008}
2.6.2 In-Service Decision Authority Actions
2.7 In-Service Management _{Revised 7/2008}
2.7.1 What Must Be Done _{Revised 7/2008}
2.7.2 Outputs and Products _{Revised 7/2008}
2.7.3 Who Does It? _{Revised 7/2008}
2.7.4 Who Approves? _{Revised 7/2008}
3 Procurement Policy
3.1 Overview
3.1.1 Introduction _{Revised 7/2007}
3.1.2 Applicability
3.1.3 Fundamental Principles
3.1.4 Contracting Authority _{Revised 10/2007}
3.1.5 Conflict of Interest _{Revised 10/2008}
3.1.6 Disclosure of Information _{Revised 10/2008}
3.1.7 Organizational Conflicts of Interest
3.1.8 Procurement Integrity Act
3.1.9 Electronic Commerce in Contracting _{Added 7/2007}
3.2 Contracting
3.2.1 Procurement Planning
3.2.1.1 Applicability
3.2.1.2 Policy
3.2.1.2.1 Market Analysis
3.2.1.2.2 Procurement Plan
3.2.1.2.3 Procurement Strategy Meeting
3.2.1.2.4 Independent Government Cost Estimate _{Added 10/2008}
3.2.1.3 Guidance and Principles
3.2.1.3.1 Development
3.2.1.3.2 Scope of Procurement
3.2.1.3.3 Budget Allocation Release
3.2.1.3.4 Small Business and Socially and Economically Disadvantaged Business
3.2.1.3.5 Quality Assurance
3.2.1.3.6 Labor Relations
3.2.1.3.7 Maintaining Competition
3.2.1.3.8 Single-Source Approval
3.2.1.3.9 Pre-Release of Documents
3.2.1.3.10 Reserved
3.2.1.3.11 Reserved
3.2.1.3.12 Public Announcements _{Revised 6/2006}
3.2.1.3.12.1 General _{Added 6/2006}
3.2.1.3.12.2 Procurements Involving Products from Federal Prison Industries _{Revised 7/2008}
3.2.1.3.13 OMB Circular A-76, Performance of Commercial Activities.
3.2.1.4 Chief Financial Officer Act Requirements
3.2.1.5 Disaster or Emergency Preparedness and Response _{Revised 7/2007}
3.2.1.5.1 Local Area Set-Asides for Disaster or Emergency _{Added 7/2007}
3.2.1.5.2 Continuity of Services-Mission Critical Contracts _{Added 7/2007}
3.2.2 Source Selection
3.2.2.1 Applicability
3.2.2.2 Policy _{Revised 10/2008}
3.2.2.3 Complex and Noncommercial Source Selection
3.2.2.3.1 Selection Phases
3.2.2.3.1.1 Planning
3.2.2.3.1.2 Screening
3.2.2.3.1.2.1 Screening Information Request _{Revised 7/2007}
3.2.2.3.1.2.2 Communications with Offerors
3.2.2.3.1.2.3 Receipt/Evaluation of Submittals
3.2.2.3.1.2.4 Changes in Requirements
3.2.2.3.1.2.5 SSO Decision
3.2.2.3.1.3 Selection
3.2.2.3.1.4 Debriefing
3.2.2.3.1.5 Lessons Learned
3.2.2.3.2 Reserved
3.2.2.3.2.1 Reserved
3.2.2.3.2.2 Reserved
3.2.2.3.2.3 Reserved
3.2.2.3.2.4 Reserved
3.2.2.3.2.5 Reserved
3.2.2.3.2.6 Reserved
3.2.2.4 Single-Source Selection _{Revised 7/2008}
3.2.2.4.1 Single-Source Procurement Process
3.2.2.4.1.1 Emergencies
3.2.2.4.1.2 Non-emergencies _{Revised 10/2008}
3.2.2.4.1.3 Lessons Learned
3.2.2.5 Commercial and Simplified Purchase Method _{Revised 6/2006}
3.2.2.5.1 Planning
3.2.2.5.2 Sourcing Determination
3.2.2.5.3 Screening
3.2.2.5.4 Selection Decision and Award
3.2.2.5.4.1 Documentation
3.2.2.5.5 Reserved _{Revised 4/2006}
3.2.2.6 Unsolicited Proposals
3.2.2.6.1 Policy _{Added 10/2008}
3.2.2.6.2 Receipt and Initial Review _{Revised 10/2008}
3.2.2.6.3 Prohibitions _{Added 10/2008}
3.2.2.7 Contractor Qualifications
3.2.2.7.1 Applicability
3.2.2.7.2 Contractor Responsibility
3.2.2.7.3 Contractor Team Arrangements
3.2.2.7.4 Suspension and Debarment
3.2.2.8 Describing FAA Needs
3.2.2.8.1 Applicability
3.2.2.8.2 Policy
3.2.2.9 Rehabilitation Act
3.2.3 Cost and Price Methodology
3.2.3.1 Applicability
3.2.3.2 Policy
3.2.3.3 Guidance and Principles
3.2.3.3.1 Requirement Decision
3.2.3.3.1.1 Cost or Pricing Data
3.2.3.3.1.2 Pre- and Post Award Audits
3.2.3.3.2 Cost Accounting Standards
3.2.4 Types of Contracts
3.2.4.1 Applicability
3.2.4.2 Policy
3.2.4.3 Guidance and Principles
3.2.5 Contractor Ethical Guidelines
3.2.5.1 Applicability
3.2.5.2 Policy
3.3 Contract Funding, Payment and Cost Principles
3.3.1 Contract Funding and Payment
3.3.1.1 Applicability
3.3.1.2 Policy
3.3.1.2.1 Payment
3.3.1.2.2 Prompt Payment _{Revised 1/2008}
3.3.1.2.3 Non-delivery Payments (Commercial and Noncommercial)
3.3.1.2.4 Contract Funding
3.3.1.2.5 Debt Collection
3.3.2 Contract Cost Principles
3.3.2.1 Applicability
3.3.2.2 Policy
3.4 Bonds, Insurance, and Taxes
3.4.1 Bonds and Insurance
3.4.1.1 Applicability _{Revised 7/2008}
3.4.1.2 Policy _{Revised 7/2008}
3.4.2 Taxes
3.4.2.1 Applicability
3.4.2.2 Policy
3.5 Patents, Rights in Data and Copyrights
3.5.1 Applicability
3.5.2 Policy
3.6 Socio-Economic and Other Policies and Programs
3.6.1 Small Business Development Program _{Revised 7/2005}
3.6.1.1 Applicability _{Revised 6/2006}
3.6.1.2 Policy _{Revised 7/2005}
3.6.1.3 Principles for the Small Business Development Program _{Revised 7/2005}
3.6.1.3.1 Program Goals _{Revised 7/2005}
3.6.1.3.2 Prime Contracting with Small Businesses
3.6.1.3.3 Set-Asides to Very Small Businesses
3.6.1.3.4 Set-Asides to Small Businesses Owned and Controlled by Socially and Economically Disadvantaged Individuals (8(a) Certified) _{Revised 6/2006}
3.6.1.3.5 Noncompetitive Awards to SEDB (8(a)) Vendors _{Revised 1/2007}
3.6.1.3.6 Set-Asides to Service-Disabled Veteran Owned Small Businesses _{Revised 10/2008}
3.6.1.3.7 Subcontracting with Small Businesses and Small Businesses Owned and Controlled by Socially and Economically Disadvantaged Individuals
3.6.2 Labor Laws
3.6.2.1 Applicability
3.6.2.2 Policy
3.6.3 Environment, Conservation, Occupational Safety, and Drug-Free Workplace
3.6.3.1 Applicability
3.6.3.2 Policy
3.6.3.3 Pollution
3.6.3.4 Conservation
3.6.3.4.1 Energy Conservation
3.6.3.4.2 Recovered/Recycled Materials
3.6.3.5 Drug-Free Workplace
3.6.3.6 Hazardous and Radioactive Materials
3.6.3.6.1 Hazardous Material Identification and Material Safety Data
3.6.3.6.2 Notice of Radioactive Material
3.6.4 Foreign Acquisition _{Revised 10/2006}
3.6.5 Indian Incentive Program
3.6.6 Fastener Quality Act
3.7 Protection of Privacy and Freedom of Information
3.7.1 Applicability
3.7.2 Policy
3.8 Special Categories of Contracting
3.8.1 Agreements
3.8.1.1 Applicability
3.8.1.2 Policy
3.8.1.3 Principles for Agreements
3.8.2 Service Contracting
3.8.2.1 Applicability
3.8.2.2 Policy
3.8.2.3 Personal Services Contracts
3.8.2.3.1 Reserved
3.8.2.3.2 Determination
3.8.2.4 Performance Based Service Contracts
3.8.3 Federal Supply Schedule Contracts
3.8.3.1 Applicability
3.8.3.2 Policy
3.8.4 Required Sources of Products/Services and Use of Government Sources
3.8.4.1 Applicability _{Revised 2/2005}
3.8.4.2 Government Sources for Products and Services _{Revised 7/2008}
3.8.5 Leases _{Added 1/2006}
3.8.5.1 Applicability _{Added 1/2006}
3.8.5.2 Policy _{Added 1/2006}
3.8.6 Strategic Sourcing _{Revised 7/2007}
3.8.7 Construction Contracting _{Added 7/2007}
3.8.7.1 Applicability _{Added 7/2007}
3.8.7.2 Policy _{Added 7/2007}
3.9 Resolution of Protests and Contract Disputes
3.9.1 Applicability
3.9.2 Policy
3.9.3 Reserved
3.9.4 FAA Dispute Resolution System
3.9.5 Initial Dispute Resolution at the Contracting Officer Level
3.9.6 Dispute Resolution at the ODRA
3.9.7 Obligation to Continue Performance
3.9.8 Matters Not Subject to Protest
3.9.9 Confidentiality of the ADR Process
3.10 Contract Administration
3.10.1 Contract Administration
3.10.1.1 Applicability
3.10.1.2 Policy
3.10.2 Subcontracting Policies
3.10.2.1 Applicability
3.10.2.2 Policy
3.10.3 Government Property
3.10.3.1 Applicability
3.10.3.2 Policy
3.10.4 Quality Assurance
3.10.4.1 Applicability
3.10.4.2 Policy
3.10.5 Product Improvement/Technology Enhancement
3.10.5.1 Applicability
3.10.5.2 Policy
3.10.6 Termination of Contracts
3.10.6.1 Applicability
3.10.6.2 Policy
3.10.7 Extraordinary Contractual Actions
3.10.7.1 Applicability
3.10.7.2 Policy
3.10.8 Single Process Initiative/Block Change Process
3.10.8.1 Applicability
3.10.8.2 Policy
3.10.9 First Article Approval and Testing
3.10.10 Closeout of Completed Contracts
3.11 Transportation
3.11.1 Applicability
3.11.2 Policy
3.12 Reserved
3.13 Other Administrative Matters
3.13.1 Applicability
3.13.1.1 Plain Language _{Added 7/2006}
3.13.2 Policy
3.13.2.1 FAA Contract Clauses and Provisions
3.13.2.2 Reserved
3.13.2.2.1 Reserved
3.13.2.2.2 Reserved
3.13.3 Printing and Double Sided Copying
3.13.4 Contract Data Reporting
3.13.5 Congressional Notification of Contract Awards
3.13.6 Seat Belt Use by Contractor Employees
3.14 Security
3.14.1 Applicability
3.14.2 Policy
3.14.2.1 Contractor Personnel Security Program _{Revised 7/2007}
3.14.2.1.1 Employment Suitability _{Revised 10/2007}
3.14.3 Classified Information _{Revised 7/2007}
3.14.4 Sensitive Unclassified Information
3.14.5 Facility Security Program
3.14.6 Information and System Security
4 Policy for Critical Lifecycle Management Functions and Disciplines
4.1 Configuration Management
4.1.1 Scope _{Revised 1/2008}
4.1.1.1 Configuration Identification
4.1.1.2 Configuration Status Accounting
4.1.1.3 Configuration Control Boards
4.1.1.4 Commercial Off-The-Shelf, Non-Developmental Items, and Commercially Available Software
4.1.2 Application _{Revised 1/2008}
4.1.3 Structure and Responsibilities _{Revised 1/2008}
4.1.4 Activities _{Revised 1/2008}
4.1.5 Commercial Off-The-Shelf, Non-Developmental Items, and Commercially Available Software _{Revised 1/2008}
4.1.6 Local Changes _{Added 1/2008}
4.1.7 Operational Configuration Management Policy _{Added 1/2008}
4.1.8 Non-NAS IT CM for Enterprise Data Centers and Other IT Facilities _{Added 1/2008}
4.2 Real Property
4.2.1 Applicability _{Revised 1/2008}
4.2.2 Guiding Principles _{Revised 1/2008}
4.2.2.1 Contracting Authority _{Added 1/2008}
4.2.2.2 Real Property Definition _{Added 10/2008}
4.2.3 Policy _{Revised 1/2008}
4.2.3.1 Request _{Revised 1/2008}
4.2.3.2 Requirements _{Revised 1/2008}
4.2.3.2.1 Succeeding Leases/Renewal Leases _{Revised 7/2008}
4.2.3.2.1.1 Timing of renewal/succeeding lease efforts _{Added 1/2008}
4.2.3.2.1.2 Emergency Reservation of Expiring Funds for Continued FAA Occupancy _{Added 1/2008}
4.2.3.2.2 Other Requirements to consider _{Added 1/2008}
4.2.3.2.2.1 Administrative Space Standards and GSA-Controlled Space Request _{Added 1/2008}
4.2.3.2.2.1.1 GSA Space Request _{Added 1/2008}
4.2.3.2.2.2 No-Cost Land on Airport Memorandum of Agreement _{Added 1/2008}
4.2.3.2.2.3 Rural Development Act Requirements _{Added 1/2008}
4.2.3.2.2.4 Security _{Added 1/2008}
4.2.3.2.2.5 Seismic Safety _{Added 1/2008}
4.2.3.2.2.6 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (49 CFR Part 24) _{Added 1/2008}
4.2.3.2.2.7 Vehicle Policy _{Added 1/2008}
4.2.3.3 Procurement Method _{Revised 1/2008}
4.2.3.4 Solicitation for Offers _{Revised 1/2008}
4.2.3.4.1 Market Survey/Advertisement/Appraisal _{Added 1/2008}
4.2.3.5 Evaluation of Offer(s) _{Revised 1/2008}
4.2.3.5.1 Negotiation _{Added 1/2008}
4.2.3.5.2 Communication _{Added 1/2008}
4.2.3.6 Utilities _{Revised 4/2008}
4.2.3.7 Condemnation _{Revised 1/2008}
4.2.3.8 Award _{Revised 4/2008}
4.2.3.8.1 Terms of Leases _{Added 1/2008}
4.2.3.9 Alterations and Improvements _{Revised 1/2008}
4.2.3.10 Inspection and Acceptance _{Revised 1/2008}
4.2.3.11 Disposal of Real Property _{Revised 1/2008}
4.2.3.12 Documentation _{Revised 1/2008}
4.2.3.12.1 Accountability _{Added 1/2008}
4.2.3.12.2 REMS _{Added 1/2008}
4.2.3.13 Miscellaneous Provisions _{Revised 1/2008}
4.2.3.13.1 Disclosure of Information _{Added 1/2008}
4.2.3.13.2 Procurement Integrity Act _{Revised 1/2008}
4.2.3.13.3 Organizational Conflicts of Interest _{Added 1/2008}
4.2.3.13.4 Conflict of Interest _{Added 1/2008}
4.2.3.13.5 Electronic Commerce in Contracting _{Revised 1/2008}
4.2.4 Training Competencies and Curriculum _{Revised 1/2008}
4.3 Integrated Logistics Support
4.3.1 Principles _{Revised 10/2007}
4.3.2 Standard Elements of Integrated Logistics Support _{Revised 10/2007}
4.3.3 Logistics Management During the AMS Lifecycle _{Revised 10/2007}
4.3.3.1 Service Analysis _{Added 10/2007}
4.3.3.2 Concept and Requirements Definition _{Revised 10/2007}
4.3.3.3 Investment Analysis _{Revised 10/2007}
4.3.3.4 Solution Implementation _{Revised 10/2007}
4.3.3.5 In-Service Management _{Revised 10/2007}
4.3.4 Who Does It? _{Revised 10/2007}
4.4 Test and Evaluation _{Revised 7/2006}
4.4.1 Mission Analysis and Investment Analysis _{Added 7/2006}
4.4.2 Solution Implementation _{Added 7/2006}
4.4.3 In-Service Management _{Added 7/2006}
4.5 Independent Operational Test and Evaluation
4.6 Deployment Planning
4.7 Human Factors
4.8 Environmental, Occupational Safety and Health, and Energy Considerations
4.9 Information Technology
4.10 System Engineering
4.11 Security _{Revised 7/2007}
4.12 System Safety Management _{Revised 8/2008}
4.13 Risk Management
4.14 Data Standardization and Management _{Revised 7/2008}
4.15 Post Implementation Review _{Added 10/2005}
4.15.1 Scope _{Added 10/2005}
4.15.2 Tailoring _{Added 10/2005}
4.15.3 Reporting _{Added 10/2005}
4.15.4 Responsibilities _{Added 10/2005}
4.15.5 Post Implementation Review Guidance _{Added 10/2005}
4.16 Earned Value Management _{Added 10/2005}
4.16.1 Program Requirements _{Added 10/2005}
4.16.2 Contract Requirements _{Revised 4/2006}
4.16.3 EVMS Certification Requirements _{Added 10/2005}
4.17 Operational Analysis _{Added 4/2007}
Appendix A: Roles and Responsibilities _{Revised 10/2008}
Appendix B: Acquisition Planning and Control Documents _{Revised 7/2008}
Exhibit 300 Program Baseline _{Revised 8/2008}
Exhibit 300 Program Baseline Attachment 1: Program Requirements _{Revised 8/2008}
Exhibit 300 Program Baseline Attachment 2: Business Case Analysis Report _{Revised 8/2008}
Exhibit 300 Program Baseline Attachment 3: Implementation Strategy and Planning _{Revised 8/2008}
Appendix C: Definitions _{Revised 10/2008}
Appendix D: Acronyms _{Revised 10/2007}
Appendix E: External Authorities
Appendix E: Part I - Statutes _{Revised 10/2006}
Appendix E: Part II - Executive Orders _{Revised 8/2008}
Appendix E: Part III - Regulations/Standards
Appendix E: Part IV - External Authorities applicable to Real Estate _{Revised 8/2008}

1 Overview and Key Elements

1.1 Overview

1.1.1 Purpose _{Revised 10/2007}

The Acquisition Management System (AMS) establishes policy and guidance for all aspects of lifecycle acquisition management for the Federal Aviation Administration (FAA). It defines how the FAA manages its resources - money / people / assets - to fulfill its mission. The objectives of the policy are to increase the quality, reduce the time, manage the risk, and minimize the cost of delivering safe and secure services to the aviation community and flying public. Acquisition management policy promotes these objectives through partnership among service providers and customers to ensure FAA plans, programs, and budgets address priority aviation needs.

1.1.2 Scope and Structure

Acquisition management policy is organized as follows:

Section 1 summarizes AMS policy and defines key management elements. Section 2 defines the phases and decision points of FAA’s lifecycle management process. Section 3 is FAA’s procurement policy. Section 4 defines policy for critical lifecycle management functions and disciplines. Appendix A defines roles and responsibilities for key FAA organizations. Appendix B defines policy for AMS planning documents. Appendix C defines terms used in the policy. Appendix D is a glossary of acronyms. Appendix E lists laws and executive branch policy applicable to the FAA.

1.1.3 Legal Basis for the Policy

The FAA developed the Acquisition Management System in response to Section 348 of Public Law 104-50. The AMS supercedes the Major Acquisition Policies and Procedures of the Department of Transportation and all other acquisition and procurement statutes and regulations, including the Federal Acquisition Regulation. Contracts awarded prior to April 1, 1996, remain under the Federal Acquisition Regulation until bilateral modification brings them under the Acquisition Management System. AMS policy takes precedence over all other FAA policy dealing with any aspect of lifecycle acquisition management and related disciplines. The AMS serves as the FAA’s Capital Planning and Investment Control (CPIC) process.

1.1.4 Applicability

Acquisition management policy applies to all FAA organizations, all appropriations, and all investment programs. This includes all capital investments in the National Airspace System and FAA administrative and mission support systems. The policy does not apply to the Airport Improvement Program, which provides grants to state and local entities as authorized under Title 49, United States Code, Chapter 471.

FAA adheres as a matter of policy to certain Government-wide laws, regulations, and executive agency requirements. Appendix E highlights many external requirements with which investment programs comply. Consult the Office of Chief Counsel about whether a particular law, regulation, or directive applies to acquisition management.

The Acquisition Executive is assigned responsibility for acquisition management policy by the Administrator, and may approve waivers, deviations, or tailoring on a case-by-case basis.

1.1.5 FAA Lifecycle Management Process

FAA executes its acquisition management policy by means of the lifecycle management process, which is organized into a series of phases and decision points as shown in Figure 1.1.5-1. The circular representation conveys the principle of seamless management and continuous improvement in service delivery over time. Application is flexible and may be tailored appropriately. Detailed policy is in Section 2, Lifecycle Management Phases and Decision Points.

Figure 1.1.5-1 FAA Lifecycle Management Process

Figure 1.1.5-1 FAA Lifecycle Management Process

1.2 Key Elements of Acquisition Management

1.2.1 Integrated Strategic Planning, Management, and Budgeting _{Revised 7/2006}

The Government Performance and Results Act of 1993, requires Federal agencies to have measurable performance targets tied to agency goals and objectives. These targets serve as the basis for planning capital investments and measuring progress.

The FAA supports this requirement through a strategic management process that forecasts the future aviation environment and captures the goals, objectives, initiatives, and measures the agency intends to achieve in its strategic plan, the FAA Flight Plan. The Flight Plan links the long-range vision and goals for the agency directly to the service needs of customers and defines top-level performance measures and multi-year performance targets.

The Flight Plan sets the context for the FAA Enterprise Architecture and all lower-level plans and budgets within the agency. FAA lines of business align their planning to the goals and objectives in the Flight Plan. Service organizations within the lines of business in turn align their business and operating plans to implement line-of-business planning. The Joint Resources Council (JRC) and subordinate investment review boards and councils (See Sections 1.2.3 and 1.2.4) align and coordinate activity across service organizations in support of the strategic plan. These relationships are illustrated in Figure 1.2.1-1 Integrated Strategy Planning, Management, and Budgeting Hierarchy.

Figure 1.2.1-1 Integrated Strategic Planning, Management, and Budget Heirarchy

Service organizations develop integrated business plans and budgets across all appropriations to achieve full lifecycle support of service delivery. Planning is realistic within budgetary constraints. Success or failure in achieving performance goals influences future planning and budgeting decisions. Resources are dedicated to key activities such as mission analysis and investment analysis.

The Chief Financial Officer is responsible for budget formulation across lines of business and staff offices; tracking actual performance against planned execution based on input from these organizations; recording approved resource adjustments to FAA plans and budgets; and incrementally moving FAA planning and budgeting forward each year. The ATO Vice President for Finance develops the F&E and related O&M budget requests for the Chief Financial Officer.

Planning for the Airport Improvement Program is coordinated with planning for the RE&D, F&E, and O&M appropriations so that capital assets necessary to support new and expanded airport operations are available when needed.

FAA reports facility and equipment expenditures to Congress in the Capital Investment Plan; research, engineering, and development resource requirements in the National Aviation Research Plan; and operations and maintenance funding requirements in FAA's annual budget request to Congress.

1.2.2 Enterprise Architecture _{Revised 7/2008}

The enterprise architecture defines the operational and technical framework for all capital assets of the FAA. It describes the agency’s current and target architectures, as well as the transition strategy for moving from the current to the target architecture. The enterprise architecture is approved annually by the Joint Resources Council in support of FAA budget and strategic management processes.

The enterprise architecture has three segments: the National Airspace System (NAS) architecture, the NAS regulatory architecture; and the non-NAS architecture (See Figure 1.2.2-1 FAA Enterprise Architecture).

Figure 1.2.2-1 FAA Enterprise Architecture

The Chief Information Officer has responsibility for maintaining the enterprise architecture. The Chief Operating Officer of the Air Traffic Organization (ATO) is delegated responsibility to develop and implement the NAS architecture.

1.2.3 The Joint Resources Council _{Revised 7/2008}

The Joint Resources Council is the FAA’s senior investment review board. It makes corporate-level resource decisions, including authorization and funding for new investment programs, and approves all changes to the enterprise architecture. The JRC selects for approval and funding those investment opportunities having the highest potential for contributing to FAA strategic and performance goals, improving service delivery, increasing aviation safety, lowering operating costs, or otherwise providing value to the FAA and its customers, consistent with the enterprise architecture. It approves the investment of resources, regardless of appropriation, in useful and manageable phases (e.g., development, demonstration, production, and operations). Investment phases are managed within cost, schedule, performance, and benefit targets in the Exhibit 300 program baseline approved by the JRC at the final investment decision.

The Joint Resources Council conducts semi-annual service-level reviews to evaluate performance against quantified measures and goals for approved investment programs. Appendix A defines the membership of the JRC.

1.2.4 Subordinate Investment Review Boards _{Revised 7/2008}

The Joint Resources Council may assign elements of the enterprise architecture to subordinate review boards for investment approval, review, and oversight (See Figure 1.2.4-1 Subordinate Investment Review Board Structure).

Figure 1.2.4-1 Subordinate Investment Review Board Structure

Figure 1.2.4-1 Subordinate Investment Review Boards

Subordinate review boards coordinate and integrate investment activity across service organizations for assigned elements of the enterprise architecture; recommend approval of highest priority investment opportunities within service portfolios to the JRC; ensure investment and operational resources within service portfolios support priority FAA strategic and performance goals; ensure there is no overlap, redundancy, or gap in service organization investment activity; review progress, track baseline variances, and ensure remedial planning and execution within specific investment programs and across service portfolios, as needed.
Specifically, the ATO Executive Council reviews and recommends high-priority investment opportunities within service portfolios related to the National Airspace System and the provision of air traffic control services (e.g., terminal, en-route, and technical operations). It also makes investment decisions on investment opportunities delegated by the Joint Resources Council. The Information Technology Executive Board (ITEB) reviews, oversees, and recommends administrative and mission support information technology investment portfolios, as delegated by the JRC. Line-of-business subordinate review boards oversee and recommend investment portfolios within a line of business.

The ITEB is supported by the Architecture Review Board, which provides enterprise architecture review, governance, and guidance for information technology investments delegated to the ITEB. The ATO Enterprise Architecture Board provides similar support to the ATO Executive Council for NAS investments and programs.

1.2.5 Service Organizations

Acquisition management policy is structured to apply FAA investment resources to the cost-efficient delivery of safe, secure, and economic services to its customers. The delivery of these services is accomplished through service organizations, which are responsible and accountable for lifecycle management of assigned services.

A service organization is any organization that manages investment resources regardless of appropriation to deliver services. It may be a service unit, program office, or directorate, and may be engaged in air traffic services, safety, security, regulation, certification, operations, commercial space transportation, airport development, or administrative functions.

Service organizations bring together the stakeholders and specialists necessary to plan, obtain, manage, and sustain assigned services throughout their lifecycle. A service may be delivered directly to a customer, such as flight planning for general aviation, or to other service organizations that deliver end services to customers. Together, service organizations span the spectrum of FAA activity and responsibility.

1.2.6 Service Management _{Revised 7/2008}

Service organizations manage the resources provided by the Joint Resources Council to deliver assigned services as an integrated portfolio of investments and assets. This portfolio includes investment assets under acquisition; fielded equipment, legacy systems, infrastructure, and facilities; and all other types of resources.

Service organizations perform service analysis annually to determine what capabilities must be in place now and in the future to meet agency goals and the service needs of customers and to move planning forward each year. Results are captured in the enterprise architecture roadmaps, which are the agency transition plans for moving the current “as is” architecture to the future “to be” state. These roadmaps are the foundation for LOB business plans, which in turn are the basis for service organization operating plans.

The operating plan specifies how the service organization will manage its operational assets and new investment initiatives over time to sustain and improve service delivery. It is maintained on a continuing basis and updated yearly to reflect progress against plan, congressional or executive direction, emerging customer needs, and critical aviation incidents. Service organizations track performance, accomplishments, and resource expenditures relative to the operating plan, and take corrective action as necessary to achieve agreed upon goals and objectives. Service organizations work closely with each other to manage shared assets efficiently and effectively.

The Office of Management and Budget (OMB) directs all government agencies to use an earned value management system that complies with the industry EVMS Standard, EIA-748 for capital investment programs involving development, modernization, or enhancement. Service organizations must comply with this directive, which includes an integrated baseline review of cost and schedule projections within six months of contract award or program baseline approval.

Service organizations take action to correct negative variance from any Exhibit 300 cost, schedule, performance, or benefit baseline measure. Negative cost and schedule variances that exceed 5 percent must be reported to their subordinate investment review board. Negative cost and schedule variances that exceed 10 percent must be reported to the Joint Resources Council through quarterly earned-value management reporting and at semi-annual service-level reviews along with an explanation of the cause(s), impact on service delivery, and a recovery strategy. The Administrator must notify the Congress of any program cost or schedule variance exceeding 50 percent and either terminate the activity or justify why it should be continued and provide a recovery plan. When the Joint Resources Council determines an investment program cannot recover from a degenerating negative baseline variance, it may elect to rebaseline the effort by adding resources or changing its scope or schedule, or it may decide to terminate the activity.

1.2.7 Portfolio Management _{Added 7/2008}

1.2.7.1 Portfolio Selection Criteria _{Added 7/2008}

The FAA uses standard criteria for selecting, evaluating, and optimizing its investment portfolio. The ATO Acquisition and Business Services organization works with the lines of business to evaluate the criteria each year against cumulative experience and event-driven data and recommend changes for Joint Resources Council approval when warranted. The Joint Resources Council and its subordinate review boards use the standard criteria when evaluating new investment opportunities for inclusion in a service portfolio, when evaluating the status of on-going investment programs within the portfolio, and when evaluating the efficiency and effectiveness of operational portfolio assets.

The three categories of FAA portfolio management criteria are:

Investment selection criteria. FAA investment review boards apply standard quantitative and judgmental selection criteria and scoring factors to assess the relative contribution of investment options for inclusion in the agency investment portfolio in the following areas: benefits; lifecycle cost; benefit to cost ratio; consistency with the enterprise architecture; impact on flight plan goals; and risk associated with such factors as cost, schedule, technology, security, and safety.
Investment control criteria. The FAA employs earned value management, risk management, and testing to determine how efficiently developmental, modernization, and enhancement investment programs are performing relative to plan during solution implementation. These management controls identify and quantify variances to baseline cost, schedule, performance, and benefit measures as the basis for corrective action. For investment programs that do not involve development, modernization, or enhancement, the FAA applies multiple control techniques such as independent review of program cost and schedule estimates; comparison of spend plans against budget authorization and service needs; comparison of actual cost and schedule results against planning estimates; and periodic program and data reviews against plan. In all cases, the impact of specific program cost and schedule variances on overall service delivery and other elements of a service portfolio is determined so appropriate corrective action can be planned and when approved, executed.
Operational evaluation criteria. The FAA periodically measures the efficiency (technical quality) and effectiveness (business value) of operational assets to provide a basis for sustaining and improving service delivery. Information is used to determine whether operational assets should be modified, upgraded, or removed from service.

1.2.7.2 Selecting the Investment Portfolio _{Added 7/2008}

The Joint Resources Council selects and oversees the FAA investment portfolio. The portfolio is depicted in the FAA enterprise architecture and aligned with the F&E, R&D, and O&M budget submissions to Congress. The FAA investment portfolio consists of multiple service-level portfolios that together encompass the entire reach of FAA mission and service.

1.2.7.3 Controlling the Investment Portfolio _{Added 7/2008}

Service organizations use program earned-value management to control developmental, modernization, and enhancement investment programs in the service portfolio within cost and schedule measures in the Exhibit 300 program baseline approved by the Joint Resources Council or subordinate investment review board. Service organizations test and evaluate the products of investment programs against requirements in the program requirements document to determine whether they are satisfied. The earned-value management focal point reports the earned-value status of major investment programs to the Joint Resources Council quarterly. Designated service organizations provide corrective action plans to the Joint Resources Council for approval for negative baseline variances, as required. Earned-value management data is also provided on all investment programs within the service organization investment portfolio at semi-annual service-level reviews.

1.2.7.4 Evaluating In-Service Assets _{Added 7/2008}

Service organizations evaluate in-service assets by means of post-implementation reviews and operational analyses. Post-implementation reviews are performed at an early deployment site after 6 – 18 months of operational use. Results are used to determine whether performance, cost, schedule, and benefit goals are being attained. They provide the basis for corrective action when goals are not being realized, as well as lessons learned for improving agency investment management processes. Post-implementation reviews may be conducted at additional sites, as needed to verify corrective actions or to evaluate substantially different operational versions.

Periodic analyses of operational assets determine trends in such factors as service need, performance, and operating and maintenance costs. They are the basis for revalidating continued support for fielded assets or some other action such as upgrade, replacement, or removal from service.

1.2.7.5 Reviewing and Improving the Performance of Service Portfolios _{Added 7/2008}

Service organizations are responsible and accountable for managing service portfolios. They evaluate service demand on a continuing basis and recommend changes to the service portfolio over time to optimize service delivery.

Subordinate investment review boards coordinate and integrate service-level portfolios across a line of business or in the case of the ITEB across FAA administrative and mission support information technology. These boards eliminate redundant and duplicative activity and pre-screen new investment opportunities for consideration by the Joint Resources Council.

The Joint Resources Council evaluates the performance of all investment programs and operational assets within each service portfolio against quantified baseline measures at semi-annual service-level reviews. Planned initiatives for new investment are discussed along with proposals to remove, replace, or improve operational assets with declining performance that no longer satisfy service need or are nearing the end of their service life.

The Joint Resources Council or subordinate investment review board with delegated decision authority approves new investment additions or modifications to service-level portfolios using standard investment selection criteria.

1.2.8 Lifecycle Management Decision-Making _{Revised 8/2008}

Table 1.2.8-1 identifies decision-making bodies and chairpersons for the key decision points in the AMS lifecycle management process (see Section 2). The Joint Resources Council makes all investment decisions with concurrence from the Deputy Administrator. The Air Traffic Services Committee reviews all JRC investment decisions for procurement of air traffic control equipment of $100,000,000 or more in facilities and equipment costs.

Table 1.2.8-1 Lifecycle Management Decision-Making

Decision	Decision Body	Decision Chair
Concept and requirements definition readiness decision ¹	None	Vice President (ATO) or Director (non-ATO)
Investment analysis readiness decision	ATO Executive Council or Subordinate Investment Review Board	Chief Operating Officer (ATO) or the Associate or Assistant Administrator (non-ATO) for the line of business
Product demonstration ²	ATO service unit or LOB service management team (non-ATO)	Vice President (ATO) or Director (non-ATO)
Production ^{2 and 3}	ATO service unit or LOB service management team (non-ATO)	Vice President (ATO) or Director (non-ATO) unless otherwise designated by the JRC
In-service ³	Note 3
Initial and final investment decisions (Including new programs and extension of current capability)	JRC	Acquisition Executive
Program baseline change	JRC	Acquisition Executive
F&E, RE&D, and O&M budget approvals	JRC	Acquisition Executive
Enterprise Architecture changes	JRC	Acquisition Executive

¹ Decision does not apply to small administrative or mission support needs managed by the ITEB unless designated.

² Decision required for developmental products. See AMS section 2.5.1.

³ The JRC designates the production and in-service decision authorities at the final investment decision. If the JRC retains either of these decisions, the chair is the Acquisition Executive.

The JRC Executive Secretariat supports the Acquisition Executive, Joint Resources Council, and subordinate investment review boards in executing corporate-level decision-making responsibilities. It ensures service organizations have complied with AMS policy requirements before seeking JRC or subordinate review board decisions. The JRC Executive Secretariat also manages the JRC decision-making, service-level review, and JRC-related tailoring processes on behalf of the Acquisition Executive.

Service organizations make and are accountable for all service-level management decisions except those explicitly assigned otherwise by this policy or the Joint Resources Council.

1.2.9 Service-Level Reviews _{Revised 7/2008}

The Joint Resources Council conducts semi-annual service-level reviews to evaluate performance against quantified measures for the portfolio of programs and operational assets managed by each service organization. Progress is reported against performance targets in the Exhibit 300 program baseline of each investment program within the portfolio, as well as on action plans undertaken to correct deviations from cost, schedule, performance, and benefit baseline objectives.

Service-level reviews also evaluate the performance of the overall investment portfolio, including the results of post implementation reviews and operational analyses. Proposals for new investment initiatives are discussed along with proposals to remove from service or modify those operational assets that are no longer needed or nearing the end of their service life.

1.2.10 Cost Accounting _{Revised 10/2007}

The FAA uses a financial management system that integrates planning, budgeting, and accounting across service organizations and appropriations. Cost accounting provides the financial basis for determining whether the FAA is meeting its performance goals within baseline costs and for determining the actual cost of service delivery.

Cost categories include all activities necessary for full lifecycle management of service delivery, including research, mission analysis, investment analysis, solution implementation, operations and support, and decommissioning. The FAA standard lifecycle work breakdown structure, cost accounting system, and labor distribution report are aligned to use the same cost categories and activities.

1.2.11 Workforce Development and Qualification _{Revised 7/2006}

The FAA manages its human capital as a critical investment to ensure the agency has the capabilities it needs to achieve business goals. The FAA targets human capital initiatives that provide training for what is most relevant to the FAA mission and reach the right people with the right development opportunities at the right time. Effectiveness is evaluated against established targets and measures.

The FAA maintains a competency-based infrastructure supported by related training and development activities for key occupational communities. This infrastructure requires professional certification for managers and employees in key decision-making positions for designated investment programs. These certification programs satisfy requirements set by the Office of Management and Budget and the Office of Personnel Management. The agency identifies other key occupational certifications, as appropriate, and ensures the certification process is in alignment with Department of Transportation standards.

The Air Traffic Organization develops a yearly Strategic Human Capital Plan linked to FAA’s strategic plan, business challenges, and organizational performance goals. An executive-level council oversees workforce planning and development and establishes investment priorities tied to business requirements.

1.2.12 Continuous Improvement

FAA continually improves its policies and guidance to increase the safety, capacity, efficiency, and effectiveness of agency services. It does this through periodic comparison with the best practices of industry and other government organizations, including the practices, principles, and guidance in the FAA integrated Capability Maturity Model (FAA-iCMM). The FAA integrates into its policy and guidance successful practices that save time, reduce cost, and improve customer satisfaction.

1.2.13 On-line Policy Access - FAST

FAST is the official record for acquisition management policy and guidance. It is an on-line information system available via the Internet at http://fast.faa.gov. FAST contains official guidance, process flowcharts, standard procurement clauses and statements of work, document templates and instructions, checklists, best practices, lessons learned, standards of quality, and other job-related aids for use by the workforce.

1.2.14 AMS Change Management

The Acquisition System Advisory Group (ASAG) is a cross-organizational body that evaluates proposed changes to acquisition management policy and guidance to ensure:

Changes contribute to FAA strategic goals;
Policy is streamlined and effective;
Best practices from industry and government are incorporated when beneficial;
Information is consistent and compatible across functional disciplines;
Quality is maintained and improved;
A consistent enterprise-wide view of policy.

The ASAG initiates changes or establishes working groups to develop new policy or guidance, as required. It also periodically reviews existing policy for effectiveness. Anyone may propose changes to acquisition management policy or guidance by submitting them to their ASAG representative, who processes them in accordance with procedures in FAST. Originators develop proposed changes in conjunction with primary users of the policy or guidance, or in the case of a complex change, with an ad hoc workgroup.

The Administrator approves changes to acquisition management policy via the Acquisition Executive. The Director, Acquisition Policy and Contracting, approves guidance changes. Approved changes are incorporated into FAST quarterly. The acquisition policy change manager maintains FAST.

1.2.15 Legal Coordination _{Revised 7/2006}

Service organizations coordinate with agency counsel on competitive acquisitions with an estimated total value greater than $100,000 and on non-competitive acquisitions with an estimated total value greater than $10,000. In addition, certain matters, described in Procurement Guidance (T1.15), require legal coordination regardless of their dollar value. FAA counsel also advises service organizations regarding legal issues and represents service organizations in litigation and other legal matters. Service organizations document the acquisition file with agency counsel's opinion and recommendations.

At Headquarters, the Assistant Chief Counsel for Procurement, and at Regions and Centers, the Region or Center Counsel, may make written exceptions to this coordination policy, adjust dollar minimums, or in appropriate cases, waive the coordination.

1.2.16 AMS Lifecycle Management Documentation _{Revised 7/2008}

Table 1.2.16-1 summarizes the purpose, requirement, responsible organization, and approving official for required AMS lifecycle management planning and control documents. Appendix B contains detailed policy for each document. Complete instructions and templates are in FAST.

The Exhibit 300 program baseline with attachments is the decision document for all investment decisions. When signed at the final investment decision, it becomes the control document for the phase of the investment program approved by the Joint Resources Council.

Table 1.2.16-1 AMS Lifecycle Acquisition Management Policy Planning and Control Documents

Document

Purpose

Requirement

Responsible Organization(s)

Approving Official or Body

FAA Strategic Plan

Defines long-range vision and goals for the FAA

Establishes top-level performance measures and multi-year performance targets for the FAA

Reviewed and updated annually

FAA Plans and Policy organization

Administrator

FAA Enterprise Architecture

Defines the FAA target architecture and the transition strategy to reach the target

Establishes the basis for service organization planning

Defines the strategic investment plan for the FAA

Reviewed annually and updated as needed

Chief Information Officer

Service organizations

ATO Operations Planning

Joint Resources Council

Exhibit 300 Program Baseline*

Preliminary baseline defines alternatives and summarizes pros and cons of each

Final baseline establishes the performance, cost, schedule, and benefits baselines for an investment program phase

Preliminary baseline required at the Initial Investment Decision

Final baseline approved and established at the Final investment decision

Investment analysis team

Implementing service organization

Acquisition Executive

Chief Operating Officer (ATO) or the Associate or Assistant Administrator (non-ATO) of the line of business

Chief Financial Officer

Chief Information Officer

ATO Senior Vice President for Finance

Deputy Administrator concurs

Exhibit 300 Program Baseline Attachment 1 Program Requirements*

Defines the operational framework and performance requirements an investment program must achieve

Preliminary program requirements required for investment analysis readiness decision

Revised program requirements required for initial investment decision

Final program requirements required for final investment decision

Implementing service organization

Operating service organization

Vice Presidents (ATO) or Directors (non-ATO) of the service organization with the mission need and the operating service organization(s)

Exhibit 300 Program Baseline

Attachment 2: Business Case Analysis Report*

Provides the analytical and quantitative basis for investment decisions.

Initial BCAR required for initial investment decision

Final BCAR required for final investment decision.

Investment analysis team, headed by the service organization with the mission need

Vice President or Director of Service Organization or Line of Business

Exhibit 300 Program Baseline

Attachment 3: Implementation Strategy and Planning*

Part 1 defines overall strategy and implementation planning for an investment program

Part 2 defines key activities and major milestones for the program segment or phase approved for funding and execution

Required for the final investment decision

Reviewed annually*

Implementing service organization

Operating service organization

Vice Presidents (ATO) or Directors (non-ATO) of the implementing and operating service organizations

Director, IOT&E co-approves the test section for programs designated for IOT&E

Updates are approved at the same level

* Whenever updates to the Exhibit 300 program baseline or its attachments indicate a negative variance to a baseline measure, the service organization must take action as prescribed in AMS Section 1.2.6.

1.2.17 OMB Budget Documentation

The OMB Exhibit 300 is a budget request document that is updated each year and sent to OMB during the annual budget cycle for designated capital investment programs. Service organizations prepare the OMB Exhibit 300, which is independently reviewed and scored by the AIO Value Management Office. The Chief Information Officer, Chief Financial Officer, and Acquisition Executive approve OMB Exhibit 300s for designated information technology capital investments before submission to OMB. The Acquisition Executive and Chief Financial Officer approve OMB 300 Exhibits for designated non-information technology capital investments.

1.2.18 National Acquisition Evaluation Program _{Added 7/2007}

The National Acquisition Evaluation Program provides oversight of FAA acquisition management through the evaluation of contracts, programs, and acquisition management practices. The goal is to ensure consistent implementation of AMS policy and guidance by FAA offices and to identify innovative processes or opportunities for improvements. Recommendations based on findings are tracked to closure to promote continuous process improvement and procurement integrity.

2 Lifecycle Acquisition Management Policy

2.1 Overview _{Revised 7/2006}

Lifecycle acquisition management is built around a logical sequence of phases and decision points (see Figure 2.1‑1). The FAA uses these phases and decision points to determine and prioritize its needs, make sound investment decisions, implement solutions efficiently, and manage services and assets over their lifecycle. The overarching goal is continuous improvement in the delivery of safe, secure, and efficient services over time. Application is flexible and may be tailored by the Acquisition Executive or Joint Resources Council.

The lifecycle management process is the FAA’s Capital Investment Planning and Control Process. Mission analysis and investment analysis constitute the select process. Solution implementation is the control process. In-service management is the evaluation process.

Figure 2.1-1 The FAA Lifecycle Management Process.

Figure 2.1-1 The FAA Lifecycle Management Process

2.1.1 Key Elements of Lifecycle Management Policy _{Revised 8/2008}

FAA lifecycle management policy emphasizes the following:

Service organizations are responsible and accountable for managing service delivery throughout the lifecycle;
Service organizations manage fully integrated portfolios of investment and operational assets to optimize service delivery over time;
Mission analysis is the foundation for long-range planning by service organizations and the FAA as a whole;
Users, customers, and industry work together to define affordable and sufficient requirements so practical solutions can be developed;
Investment decisions are based on the relative merit of different investment opportunities for satisfying priority service needs and FAA performance goals;
Commercial and non-developmental solutions are preferred when they satisfy customer needs and make economic sense;
Investment programs are approved and funded in manageable phases;
Lifecycle supportability is designed into products and services to minimize both cost and risk;
Investment programs are managed within approved cost, schedule, performance, and benefit baselines throughout their lifecycle;
In-service decisions are based on demonstration that operational requirements and readiness are satisfied;
Evolutionary improvement of service delivery and the quick insertion of productive new technology is encouraged;
Operational performance, costs, and benefits are evaluated periodically throughout in-service management as a basis for improving cost-effective service delivery.

2.1.2 Evolutionary Product Development _{Revised 7/2008}

The FAA employs evolutionary product development to limit the design challenge for any one product development cycle by deferring risky technology or manufacturing requirements to later updates. The objective is to minimize risk and facilitate the achievement of cost, schedule, and performance goals.

Figure 2.1.2-1 displays how evolutionary product development is implemented in the FAA. During initial investment analysis, service teams assess the maturity of marketplace technology and customer requirements, as well as the availability of resources. They develop a low-risk, time-phased approach for achieving needed capability in increments as technologies and resources become available. A key element of the initial investment decision is whether to pursue product development and implementation through an investment program or whether additional research, analysis, or technology development is needed. Product development and implementation is appropriate when risk is low, requirements are established, and resources are available.

Figure 2.1.2-1 Evolutionary Product Development

Figure 2.1.2-1 Evolutionary Product Development

2.1.3 Knowledge-Based Decision-Making _{Added 7/2006}

FAA employs knowledge-based decision-making throughout the lifecycle management process. Specific knowledge, as defined by decision criteria, must be achieved for entry into AMS decision points. These criteria are defined as entrance criteria in the AMS policy section for each decision point. Investment programs that develop systems or software must capture additional design and manufacturing knowledge about their products as prescribed in Section 2.5.1, and base decisions on whether to proceed further in the lifecycle management process on that knowledge.

2.1.4 Standard Program Milestones _{Revised 10/2007}

Service organizations employ standard program milestones when planning, executing, and reporting progress on agency investment programs, including entries in the Exhibit 300 program baseline and its attachments. Level 1 and level 2 milestones are required.

2.1.5 Standard Lifecycle Work Breakdown Structure _{Revised 7/2008}

The FAA has one standard lifecycle work breakdown structure that covers the entire acquisition management process and is the foundation for the FAA cost accounting system. This standard lifecycle work breakdown structure is the basis for both the investment alternative work breakdown structure, which is developed during initial investment analysis for each alternative as a means for estimating total lifecycle cost, schedule, and risk, and the program baseline work breakdown structure, which is developed during final investment analysis for the program approved for implementation by the Joint Resources Council or one of its subordinate investment review boards, as documented in the Exhibit 300 program baseline and part 2 of the implementation strategy and planning attachment.

2.1.6 Measurement and Analysis _{Added 10/2008}

Measurement and analysis is a management process applied throughout the lifecycle of an investment program or operational asset to monitor progress toward goals and support management information needs. Each line of business institutes measurement and analysis processes in accordance with AMS policy and guidance that:

Align measurement and analysis objectives with specified information needs; and
Collect, store, analyze, and report measurement data.

Measurement and analysis information needs include, but are not limited to:

Contract information that supports management and executive monitoring of vendor performance;
Contract information that supports acquisition quality assurance;
Program, operational, risk, and contract information that supports monitoring of lifecycle cost, performance, schedule, and benefit baselines;
Program information that supports achievement of alignment with Flight Plan goals and the enterprise architecture; and
Operational and business case information that supports investment decision-making.

2.2 Research and Systems Analysis _{Revised 8/2008}

The FAA undertakes research, study, and analysis to discover applications of new technology, explore new opportunities for service delivery, solve problems with current operations, define and stabilize requirements, and mitigate risk. These activities generate information supporting the integrity of identified capability shortfalls, future service needs, capability and system requirements, expectations of benefits, and design alternatives.

Research and systems analysis activity is tightly coupled with and supportive of other AMS lifecycle management processes. It is especially important during the early stages of lifecycle management when such activities as simulation, rapid prototyping, and computer-human interface development are conducted to define requirements, develop operational concepts, and reduce risk before entering into investment analysis.

Promising new technologies that have matured during research and systems analysis may be placed in the operational environment to evaluate effectiveness, validate concepts of use, collect performance data, determine requirements, and refine the business case. Fielded systems and equipment are supported while in the operational environment and removed and the site restored when activity is complete.

The FAA research and development (R&D) program supports all aspects of aviation from research on materials and human factors to development of new products, services, and procedures. It supports: regulation, certification, and standards development for aircraft, air operators, manufacturers, aircrews and other aviation personnel; airports; commercial space transportation; environment; modernization, operation, and maintenance of the national airspace system; and aerospace policy formulation, planning, and analysis.

Research activity across FAA is coordinated through the R&D portfolio process (http://nas-architecture.faa.gov/nas/downloads/). The R&D portfolio integrates research programs in four R&D appropriation accounts: Research Engineering and Development, Air Traffic Organization Capital, Airport Improvement Program, and Safety and Operations. The R&D executive board develops the R&D portfolio each year using strategic planning in the National Aviation Research Plan (NARP) as a guide. The NARP links FAA research activities to broader strategic planning in the FAA Flight Plan, Operational Evolution Plan, and the Joint Planning Development Office. The R&D executive board is supported by program planning teams assigned to prepare and manage specific research program areas.

Program managers execute research programs. They work closely with research sponsors (business units that own or share the R&D requirement) to ensure results meet customer needs. Annual evaluations determine whether research results are meeting performance targets and supporting FAA strategic goals. Evaluations also determine whether FAA strategic planning is leading the R&D portfolio in the right direction.

The RE&D Advisory Committee and its associated subcommittees review the R&D portfolio twice a year, first during budget formulation and later during portfolio evaluation.

2.2.1 What Must Be Done _{Revised 7/2008}

Service organizations:

Identify, justify, and manage research, study, and analysis programs within their service area of responsibility;
Prepare white sheets for research programs approved for inclusion in the R&D portfolio;
Submit research, study, and analysis proposals to the R&D portfolio development process for evaluation and possible inclusion in the R&D portfolio;
Use peer reviews by subject-matter experts to improve the quality and timeliness of ongoing research programs;
Plan and obtain support for operational prototypes as specified in the Integrated Logistics Support Process Manual. This may include training, manuals, spare parts, repair, and support services, as well as removing prototypes and restoring sites when activity is complete; and
Plan for certification and configuration management of prototypes that will remain in operational use and for their transition to national support and operation.

ATO Operations Planning organization:

Manages the R&D planning and budget process;
Coordinates annual development of the National Aviation Research Plan;
Ensures the R&D portfolio is aligned with FAA strategic goals and the enterprise architecture;
Identifies and analyzes potential solutions to service need, including feasibility analyses;
Evaluates prototypes and conducts feasibility demonstrations to validate and refine initial requirements, operational concepts, and potential solutions;
Integrates FAA research activity with research sponsored or conducted by industry, universities, and other government organizations; and
Interfaces with OST, OMB, Congress, trade associations, international organizations, and other state and federal government organizations for agency-level research issues.

R&D Executive Board:

Works with the lines of business to develop the FAA R&D portfolio each year; and
Coordinates sequential review of the portfolio with the OEP Review Board, ATO Executive Council, Associate and Assistant Administrators, and Joint Resources Council.

Capital Investment Team:

Formulates ATO Capital R&D funding requirements.

2.2.2 Outputs and Products _{Revised 4/2008}

FAA R&D portfolio;
White sheets for approved research programs;
National Aviation Research Plan;
Research products addressing the needs of the FAA and aviation community.

2.2.3 Who Approves? _{Revised 4/2008}

The Joint Resources Council:

Approves FAA budgets, which include research, study, and analysis programs;
Approves research funding in support of key lifecycle management processes such as mission analysis and investment analysis.

The Administrator:

Approves the National Aviation Research Plan.

2.3 Mission Analysis

Mission analysis establishes the basis for long-range strategic planning by individual service organizations and the FAA as a whole. It consists of corporate-level mission analysis, service analysis, and concept and requirements definition. Research projects often support and provide information to mission analysis.

2.3.1 Corporate Mission Analysis _{Revised 7/2008}

Corporate mission analysis is a strategic management process that generates the FAA flight plan and establishes the framework for the enterprise architecture and all subordinate FAA plans and budgets. It translates FAA strategic goals into high-level courses of action for service organizations; coordinates and integrates service analysis by individual service organizations; and evolves the strategic direction of the FAA over time as the operating environment changes.

2.3.1.1 What Must Be Done _{Revised 7/2008}

Establish agency-level strategic goals, objectives, targets, and initiatives as recorded in the FAA flight plan;
Sustain the enterprise architecture and ensure consistency with agency strategic goals and objectives;
Establish measures that provide leading indicators of progress for achieving projected benefit goals for use by program management and at service-level reviews;
Align service goals with corporate strategic goals and objectives;
Coordinate service analysis by service organizations to eliminate programmatic redundancies, duplication of benefits, service gaps, and service overlaps;
Identify and plan for programmatic and operational interdependencies that cut across service organizations;
Conduct mission analyses that cut across lines of business;
Develop and maintain corporate-level expertise, standards, and tools for mission and service analysis;
Assist service organizations in developing and maintaining a strong service analysis capability.

2.3.1.2 Outputs and Products _{Revised 7/2008}

FAA flight plan;
FAA enterprise architecture;
Mission analyses that cut across lines of business;
FAA standards, guidance, and tools for mission and service analysis.

2.3.1.3 Who Does It? _{Revised 8/2008}

The Plans and Policy organization (APO) conducts the strategic management process, which results in the FAA flight plan. The ATO Systems Engineering organization performs mission analyses that cut across lines of business; coordinates service analysis by service organizations to ensure alignment with FAA strategic goals and eliminate redundant activity, duplication of benefits, service gaps, and service overlap; develops and maintains standards and tools for conducting service analysis; and assists service organizations in establishing a service analysis capability. Service organizations participate in and contribute to agency-level mission analyses. The Chief Information Officer maintains the FAA enterprise architecture. The ATO Chief Operating Officer maintains the NAS architecture.

2.3.1.4 Who Approves _{Revised 8/2008}

The Administrator:

Approves the FAA flight plan.

The Joint Resources Council:

Approves changes to the enterprise architecture.

2.3.2 Service Analysis _{Revised 7/2008}

Service analysis is conducted within the framework of the FAA flight plan and enterprise architecture to determine what capabilities must be in place now and in the future to meet agency goals and the service needs of customers. Service analysis is the basis for long-range planning by the lines of business and their service organizations. Results are captured in the enterprise architecture, which documents the “as is” and “to be” states of the FAA’s architecture, as well as the roadmaps for transitioning from the current to the future state. Enterprise architecture roadmaps are the foundation for each LOB business plan, which in turn is the basis for service organization operating plans within the line of business. LOB business plans and service organization operating plans specify how each will manage its RE&D, F&E, and O&M resources over time. These plans integrate new investment initiatives with the operation and support of fielded assets and other necessary actions to optimize service delivery.

Industry best practices (e.g., technology and service demand forecasting, portfolio management, customer surveys) are employed during service analysis to align service outcomes with actions and activities necessary and sufficient to realize benefits for the FAA and its customers. During service analysis, all business, technology, organizational, process, and human resource issues are considered that affect desired service outcomes; service demand, assumptions, constraints, actions, initiatives, and risks are correlated with desired service outcomes; and opportunities and initiatives are identified that offer the greatest value toward achieving service goals. Continuing analysis keeps planning current with changes in the mission and operational environment.

The result of service analysis may be the refocus, reduction, or elimination of ongoing investment programs, and may identify new and more productive ways of doing business. Service analysis may identify alternative paths for achieving service goals in a dynamic environment, and identify opportunities for improving FAA strategic planning when the mission environment evolves in ways not anticipated. Some investment options may require research and development activity to demonstrate operational concepts, reduce risk, or define requirements before proceeding further in the lifecycle management process. Figure 2.3.2-1 illustrates the key activities of service analysis.

Figure 2.3.2-1 Key Activities of Service Analysis

2.3.2.1 What Must Be Done _{Revised 7/2008}

Define services. This activity defines expected service outcomes in terms of improvements in service delivery and contribution to FAA strategic and performance goals. A continuing dialog with and feedback from the customers of FAA services is crucial (e.g., commercial air carriers, general aviation, air transport industry, state and local airport authorities). This activity identifies business, technology, organizational, process, and personnel issues that affect service outcomes, as well as assumptions, risks, and dependencies.
Gather information on the service environment. Data are collected to forecast service demand over the next 5 – 15 years and to stay abreast of opportunities for improving service delivery. Data sources include technology and aviation forecasts, customer surveys, operational environment, the enterprise architecture, capital investment plan, and FAA and Department of Transportation strategic plans. The operational outlook for fielded assets is crucial. Feedback from post implementation reviews and evaluations of operational assets provide information for determining when and how service shortfalls must be addressed and when existing capability will no longer be supportable.
Analyze functions. Functional analysis is performed within context of the enterprise architecture. It develops a sequenced and traceable architecture that defines the functions and sub-functions necessary to provide the intended service or operational capability. It defines what must be done without defining how to do it. Functional analysis evaluates the impact of individual functions on such factors as cost, benefit, and risk to service delivery. Results provide a basis for determining what capability level to specify.
Determine capability gaps and technology opportunities. Service capability that can be provided by existing and programmed assets is compared with projected demand for services to determine shortfalls. Technology innovations are investigated on a continuing basis to explore opportunities for improving service delivery. The assessment extends over the range of capabilities necessary for service delivery (e.g., automation and data processing, surveillance, communications, and navigation), and is conducted within context of the enterprise architecture. Shortfalls and opportunities are defined in quantified, measurable terms. They are prioritized according to their criticality for achieving FAA strategic and performance goals and are traceable directly to them.
Recommend changes to the enterprise architecture. Service analysis defines and prioritizes service and infrastructure needs within a line of business, ties them to FAA strategic and performance measures, indicates when they need to be resolved, and explains how benefits accrue to the FAA and its customers. When service analysis identifies conditions in the service environment that are different from those in FAA strategic planning, the service organization recommends changes to the FAA flight plan and enterprise architecture.
Plan for concept and requirements definition. When an enterprise architecture roadmap specifies that action must be taken now to address a priority service need, ATO Systems Engineering works with the implementing and operating service organizations to prepare a plan for concept and requirements definition. This plan (1) specifies how the tasks of concept and requirements definition will be accomplished, including any supporting research or analysis; (2) defines the roles and responsibilities of participating organizations; (3) defines outputs and exit criteria; (4) establishes a schedule for completion; and (5) specifies needed resources.

2.3.2.2 Outputs and Products _{Revised 7/2008}

Recommended changes to the enterprise architecture;
Plan(s) for concept and requirements definition, as determined from an enterprise architecture roadmap.

2.3.2.3 Who Does It? _{Revised 8/2008}

Lines of business (non-ATO) and service units (ATO) conduct service analysis and maintain service planning in conjunction with ATO Systems Engineering, as appropriate. Service needs and opportunities across all lines of business are recorded and integrated in an enterprise architecture roadmap in response to changes in the service environment or new technological opportunities. ATO Systems Engineering works with service units and other lines of business to ensure consistency of service planning across service organizations. The implementing service organization works with ATO Systems Engineering and the operating service organization to plan for concept and requirements definition. The integrated logistics management team contributes logistics and operational support data to service analysis.

2.3.2.4 Who Approves? _{Revised 7/2008}

The Vice Presidents (ATO) or Directors (non-ATO) of the service organization with the mission need and operating service organization approve the plan for concept and requirements definition. The Joint Resources Council approves changes to the enterprise architecture.

2.3.3 Concept and Requirements Definition Readiness Decision _{Revised 8/2008}

The concept and requirements definition readiness decision occurs when an enterprise architecture roadmap indicates action must be taken to address a critical mission shortfall or opportunity. At this decision, the Director, ATO Systems Engineering verifies that the service need proposed to enter concept and requirements definition is the highest priority investment opportunity within an enterprise architecture roadmap and that planning and resources for concept and requirements definition are in place. The Director, ATO Systems Engineering notifies the Joint Resources Council and cognizant subordinate investment review board of the decision to begin concept and requirements definition. This decision does not apply to small administrative or mission support needs managed by the Information Technology Executive Board unless so designated.

2.3.3.1 Entrance Criteria _{Revised 7/2008}

The following is required for the concept and requirements definition readiness decision:

Service shortfall or opportunity is in an enterprise architecture roadmap and is the highest priority at the time; and the
Plan for concept and requirements definition is approved.

2.3.3.2 Vice President (ATO) or Director (non-ATO) Actions _{Revised 7/2008}

The Vice President (ATO) or Director (non-ATO) of the service organization with the mission need:

Makes the decision to enter concept and requirements definition.

2.3.4 Concept and Requirements Definition _{Revised 8/2008}

All investment opportunities that require funding outside the scope of an approved Exhibit 300 program baseline undergo concept and requirements definition. This includes upgrades to existing capability without approved investment funding.

Concept and requirements definition translates priority operational needs in the enterprise architecture into preliminary requirements and a concept of use for the capability needed to improve service delivery. It also quantifies the service shortfall in sufficient detail for the definition of realistic preliminary requirements and the estimation of potential costs and benefits. Finally, concept and requirements definition identifies the most promising alternative solutions able to satisfy the service need, one of which must be the alternative in the enterprise architecture.

Planning for concept and requirements definition begins when a roadmap in the enterprise architecture specifies action must be taken to address a priority service or infrastructure need. These needs typically relate to existing or emerging shortfalls in the “as is” architecture or essential building blocks of the “to be” architecture. Should a service organization wish to pursue an investment opportunity not in an enterprise architecture roadmap, it must first develop architectural change products and amendments and get endorsement from the cognizant architectural review board.

The FAA may undertake research activity or employ research by other agencies or industry to define the operational concept, develop preliminary requirements, demonstrate and refine computer-human interfaces, reduce risk, or achieve customer buy-in to potential solutions to mission need.

A nonmaterial solution that emerges during concept and requirements definition may be implemented without proceeding further in the lifecycle management process, provided it satisfies the need, can be achieved within approved budgets, and is acceptable to users and customers. This determination is presented to the ATO Executive Council chaired by the Chief Operating Officer or the Associate or Assistant Administrator (non-ATO) of the line of business for decision.

Key functional disciplines such as safety, security, and human factors must participate in the activities of concept and requirements definition in order to determine mandatory requirements and evaluate their impact on potential alternative solutions.

The key activities of concept and requirements definition are shown in Figure 2.3.4-1.

Figure 2.3.4-1 Key Activities of Concept / Requirements Definition

Figure 2.3.4-1 Key Activities of Concept/Requirements Definition

2.3.4.1 What Must Be Done _{Revised 8/2008}

NOTE: The plan for concept and requirements definition must be approved by the Vice Presidents (ATO) or Directors (non-ATO) of the service organization with the mission need and the operating service organization before the start of any CRD activity (see AMS Section 2.3.2.1). Roadmap planning in the enterprise architecture specifies when concept and requirements definition activity must begin.

Conduct detailed shortfall analysis. The priority infrastructure or service shortfall in the enterprise architecture and its impact on service delivery is quantified in sufficient detail to serve as the basis for (1) determining realistic and economic alternative solutions to the service need, (2) developing a concept of use, and (3) defining preliminary program requirements. This detailed shortfall analysis is also the basis for quantifying likely program costs and benefits during investment analysis.
Develop range of alternatives. The marketplace is surveyed to identify feasible and economic alternative solutions to the service need. Both material and non-material alternatives are evaluated. One must be the hypothesized "best" alternative in the enterprise architecture. Key factors to consider are safety, operational cost efficiencies (particularly those related to telecommunications and information systems security), technological maturity, and impact on the workforce and enterprise architecture. Alternatives should be qualitatively different from each other (e.g., different technologies such as ground-based versus airborne solutions or different acquisition strategies such as developmental versus commercially available items). Low risk, cost-effective, and operationally suitable commercial or non-developmental solutions are preferred. Alternatives may not meet 100 percent of preliminary requirements. Concept and technical descriptions are developed for each alternative.
Define concept(s) of use. The concept of use explains how new capabilities will function within the existing operational environment and how they will satisfy the service need. It defines key elements of the required capability and the roles and responsibilities of key participants (e.g., controllers, maintenance technicians, pilots). It explains operational issues that system engineers must understand when developing requirements; identifies procedural issues that may lead to operational change; and establishes a basis for evaluating benefits. If proposed alternative solutions are significantly different from each other, more than one concept of use may be required. The concept of use is recorded in the Exhibit 300 program baseline attachment 1: Program Requirements.
Develop preliminary requirements. The functional analysis performed during service analysis is the foundation for defining preliminary requirements. Preliminary requirements specify how well the new capability must perform intended functions. Safety, security, integrated logistics support, and human factors are key disciplines that must be considered. Preliminary requirements specify only function and performance, and do not define a solution. They must be expressed such that the degree to which different solutions satisfy them can be measured and evaluated. Research and analysis or even prototyping may be necessary to define preliminary requirements adequately. They are recorded in the Exhibit 300 program baseline attachment 1: Program Requirements.
Estimate rough lifecycle costs. A rough lifecycle cost is developed for the range of alternatives that will be evaluated during initial investment analysis. A preliminary assessment of the availability of funding is also conducted. The head of the line of business uses this information as a basis for determining whether to pursue this service need in competition with all other service needs.
Develop enterprise architecture products and amendments. Enterprise architecture products and amendments include the operational (business rule) and systems (engineering) view families. These families facilitate development, support, and execution of both service and infrastructure investment programs.
Plan for investment analysis. The plan for investment analysis defines: (1) scope and assumptions; (2) alternatives and rough-order lifecycle cost estimates; and (3) organizational roles and responsibilities. It also specifies (4) a target schedule and defines (5) the resources needed for the work. By signing the plan for investment analysis, the organizations that will conduct the analysis agree to provide the resources necessary to complete the work.
Prepare for the investment analysis readiness decision. This includes development of the decision package, verification that the activities of concept and requirements definition are complete, and pre-briefings to designated decision-makers.

2.3.4.2 Outputs and Products _{Revised 7/2008}

Exhibit 300 program baseline attachment 1: Program Requirements;
Enterprise architecture products and amendments;
Investment analysis plan.

2.3.4.3 Who Does It? _{Revised 7/2008}

The implementing service organization with the mission need leads concept and requirements definition activity unless otherwise specified in the CRD plan. The implementing and operating service organizations work in conjunction with the ATO Strategy and Business Planning organization to produce a detailed shortfall analysis. They work with ATO Systems Engineering or AIO to define preliminary requirements and to develop enterprise architecture products and amendments. Service organizations and operational experts work together to develop the concept of use. The implementing service organization leads development of the plan for investment analysis, working in conjunction with the operating service organization and the ATO Investment Planning and Analysis organization. The implementing service organization works with the ATO Systems Engineering organization to determine the best alternative solutions to mission need and to assess any impact on the enterprise architecture. The service organization works with the integrated logistics management team to identify key logistics issues associated with the concept of use and preliminary requirements.

The ATO Executive Council chaired by the Chief Operating Officer or the Associate or Assistant Administrator (non-ATO) of the line of business with the need conducts the investment analysis readiness review. This review determines whether there is sufficient information (i.e., data, planning, and resources) to begin investment analysis. Before the review, the ATO Operations Planning organization and the service organization jointly develop information to support the readiness decision. Readiness is based on development of sound and measurable preliminary requirements; a concept of use acceptable to users; a viable set of alternative that would satisfy the need; and the availability of resources to conduct investment analysis.

2.3.4.4 Who Approves? _{Revised 8/2008}

The Vice Presidents (ATO) or Directors (non-ATO) of the service organization with the mission need and the operating service organization approve the Exhibit 300 program baseline attachment 1: Program Requirements. The ATO Vice President for Operations Planning approves NAS architecture products and amendments. The Chief Information Officer approves mission support, administrative, and any other architecture products and amendments delegated to the ITEB by the JRC.

The Vice Presidents (ATO) or Directors (non-ATO) of the service organization with the mission need and the operating service organization approve the plan for initial investment analysis.

2.3.5 Investment Analysis Readiness Decision _{Revised 7/2008}

The investment analysis readiness decision determines whether the concept of use, preliminary requirements, enterprise architecture products and amendments, and preliminary alternatives are sufficiently defined to warrant entry into investment analysis. The decision is made within context of all ongoing and planned investment activities to sustain and improve service delivery. It ensures proposals are consistent with overall corporate needs and planning. The decision authority is the Chief Operating Officer (ATO) or the Associate or Assistant Administrator (non-ATO) of the line of business with the mission need.

2.3.5.1 Entrance Criteria _{Revised 7/2008}

The following are required for the investment analysis readiness decision:

Exhibit 300 program baseline attachment 1: Program Requirements;
Enterprise architecture products and amendments;
Signed plan for investment analysis.

2.3.5.2 Vice President (ATO) or Director (non-ATO) Actions _{Revised 7/2008}

The Vice President (ATO) or Director (non-ATO) of the service organization with the mission need:

Makes the decision to enter investment analysis.

2.4 Investment Analysis _{Revised 7/2008}

Figure 2.4-1 illustrates the phases and decision points of investment analysis, which is conducted to ensure FAA's critical needs are satisfied by practical and affordable solutions. Initial investment analysis evaluates alternative solutions to mission need and provides realistic options to the Joint Resources Council that satisfy FAA strategic and performance goals and achieve best overall value for the FAA and its customers. Final investment analysis develops detailed plans and final requirements for a proposed investment opportunity.

Figure 2.4-1 The Phases and Decision Points of Investment Analysis

Figure 2.4-1 The Phases and Decision Points of Investment Analysis

Investment analysis is a flexible process that is tailored for the specific analysis to be performed. Tailoring actions are approved by the acquisition executive or the Joint Resources Council and recorded in the appropriate plan and JRC record of decision for initial or final investment analysis.

Investment analysis teams conduct major, complex investment analyses. These teams have representatives from the service organization with the mission need, the operating service organization, the ATO Operations Planning organization, the ATO business case analysis organization, and necessary key subject-matter experts from such disciplines as system safety, information security, human factors, and integrated logistics. In all cases, organizations conducting investment analysis apply the standard processes and guidelines located in the investment analysis section of the FAST toolset.

Investment analysis is conducted within context of all planned or in-place FAA assets, capabilities, and resources described in the enterprise architecture. Recommendations are consistent with and support FAA strategic and performance goals and the enterprise architecture.

NAS and non-NAS roadmaps in the enterprise architecture establish when an operational capability must be in place. This, in turn, determines when investment analysis should be complete to allow sufficient time to acquire and deploy a suitable solution. The key is to balance the timeliness of the analysis with the rigorous development of quantitative data needed by the Joint Resources Council to make an informed investment decision.

Cost-effective, operationally suitable commercial or non-developmental solutions are preferred over developmental alternatives when performance and lifecycle support costs are acceptable.

Investment programs are structured into manageable phases approved incrementally by the Joint Resources Council. Each phase is normally five years or less, and may be divided into technology development or demonstration followed by production and deployment. Production and deployment may also be divided into useful segments to reflect agency funding and operational priorities. Cost, schedule, performance, and benefit projections for each phase must always be deemed beneficial to the FAA and its customers. When additional phases are required to fully implement an investment program, the service organization conducts final investment analysis and brings each sequential phase to the Joint Resources Council for approval.

If a nonmaterial solution emerges during investment analysis that satisfies the need, can be achieved within approved budgets, and is operationally acceptable to the user, it may be implemented without proceeding further in the lifecycle management process. This determination is presented to the Chief Operating Officer (ATO) or the Associate or Assistant Administrator (non-ATO) of the line of business for decision.

Affordability and accurate cost and schedule estimates are key factors in the decision to approve a new investment program. During initial investment analysis, the capital investment team assesses the budget impact and relative contribution to agency goals of each alternative solution to mission need against other ongoing and proposed investment programs in the FAA's financial baseline. During final investment analysis, they assess the budget impact of the proposed investment program. Results are reported to the Joint Resources Council and included in the business case analysis report. Appendix A contains the membership of the capital investment team.

The FAA standard lifecycle work breakdown structure shall be used when developing cost and schedule estimates. When available, cost estimates must be based on actual or historical data.

Stakeholder participation is important throughout investment analysis. Stakeholder support for the solution approved at the initial investment decision is key to program success. Coordination with stakeholders is the responsibility of the service organization.

Investment analysis processes conform to the Federal laws, regulations, and guidelines specified in Appendix E. In particular, the information required by OMB Circular A-11, Preparation, Submission, and Execution of the Budget is generated, and the requirements of OMB Circular A-76, Performance of Commercial Activities are considered. OMB Circular A-11 contains Federal policy for planning, budgeting, and managing capital assets. OMB Circular A-76 contains established government policy that requires consideration of commercial sources to supply the products and services the government needs, and performance of inherently governmental activities by government personnel. This includes consideration of government sources as an alternative. The FAA follows the policies of these circulars to the extent that they are consistent with FAA's statutory authority.

2.4.1 Initial Investment Analysis - Analyze Alternatives

Figure 2.4.1-1 shows key activities of initial investment analysis.

Figure 2.4.1-1 Principal Activities of Initial Investment Analysis

Figure 2.4.1-1 Principal Activities of Initial Investment Analysis

2.4.1.1 What Must Be Done _{Revised 8/2008}

Form investment analysis team. The service organization establishes the investment analysis team. The team typically has operations analysts and requirements specialists from the organization with the need; acquisition, engineering, and market specialists from the implementing service organization; business case analysis staff specialists with skills in such disciplines as risk assessment, cost and schedule estimating, and benefits estimation; and technical specialists for whatever support is needed. Specialists for such critical disciplines as safety, security, integrated logistics, and human factors must be members of every investment analysis team. Regulatory specialists should be members when potential solutions impact aircraft or the airspace or involve hazardous materials, emergency operations, or the physical security of facilities, assets, and personnel. Information systems security is a critical and complex discipline that impacts almost every investment program.
Define business case. The investment analysis team defines what information and data must be collected and begins construction of the preliminary Exhibit 300 program baseline. Factors that shape the business case include FAA strategic and performance goals, affordability, reduction in operational costs, and compatibility with the enterprise architecture. The integrated logistics management team provides business case information for logistics requirements.
Analyze market capability. The investment analysis team analyzes the marketplace to determine the capability, state of development, risk, and cost of potential solutions to mission need. It uses results to refine requirements and finalize alternatives. Operational or factory capability demonstration of potential solutions is strongly encouraged to verify suitability for meeting service need.
Analyze alternatives. The investment analysis team thoroughly evaluates the alternatives approved at the investment analysis readiness decision. This involves systems engineering and multiple trade studies to determine which alternative best satisfies mission need and core agency requirements within acceptable cost and risk. The investment analysis team uses the FAA standard lifecycle work breakdown structure and other applicable standards when developing cost and schedule estimates. A risk assessment is performed for each alternative that focuses on the risks identified in the Exhibit 300 instruction in OMB Circular A-11. Specialists for critical disciplines such as safety, security, integrated logistics, and human factors evaluate each alternative for their specialty and report significant results in the business case analysis report.
Assess budget impact. The investment analysis team forwards estimates of lifecycle cost for each alternative to the capital investment team. This team assesses the budget impact and relative contribution to agency goals of each alternative against other ongoing and proposed investment programs in the FAA’s financial baseline. When an alternative solution cannot be funded within the financial baseline, the capital investment team may propose offsets from lower priority programs. The budget impact assessment shapes subsequent deliberations of the investment analysis team.
Develop preliminary Exhibit 300 program baseline. The investment analysis team develops preliminary information for the following sections of the Exhibit 300 program baseline: alternatives analysis, enterprise architecture, performance goals, and the President’s management agenda. The alternatives analysis section describes each alternative and summarizes their strengths and weaknesses in sufficient detail to enable an informed initial investment decision by the Joint Resources Council. The Exhibit 300 program baseline attachment 2: Business Case Analysis Report contains supporting information and the budget impact assessments. In this phase of the process, no alternative has yet been designated for implementation by the Joint Resources Council, therefore there is no variance tracking of preliminary Exhibit 300 program baseline targets.
Independently score preliminary Exhibit 300 program baseline. The AIO Value Management Office independently scores the four completed sections of the preliminary Exhibit 300 program baseline. They work iteratively with the investment analysis team to satisfy established scoring criteria leading to an initial investment decision.
Plan for final investment analysis. The investment analysis team defines the actions, resources, schedules, roles and responsibilities, documentation, and exit criteria for final investment analysis. The plan includes any risk-reduction effort that may be necessary such as modeling, analysis, simulation, or research.
Prepare for initial investment decision. The investment analysis team prepares briefing materials and documentation, and coordinates findings and recommendations with key stakeholders. They also work with the ATO Systems Engineering organization to update products and amendments to the enterprise architecture. The JRC Executive Secretariat ensures completion of all entrance criteria for the initial investment decision.

2.4.1.2 Outputs and Products _{Revised 7/2008}

The principal output of initial investment analysis is information and data that enable the Joint Resources Council to select the alternative that best meets required performance, is affordable over the projected lifecycle, and offers greatest value and benefit to the FAA, its customers, and its owners. A second output is the plan for final investment analysis. The following are required products of initial investment analysis that enable and record these primary outputs:

Preliminary Exhibit 300 program baseline, including attachment 1: Program Requirements, and attachment 2: Business Case Analysis Report;
Preliminary Exhibit 300 program baseline scoring results;
Updated enterprise architecture products and amendments;
Plan for final investment analysis.

2.4.1.3 Who Does It? _{Revised 7/2008}

Investment analysis teams consisting of authorized representatives from all key stakeholder organizations perform initial investment analysis.

The sponsoring service organization participates on the investment analysis team. Its primary responsibilities are to refine requirements, update enterprise architecture products and amendments, and update the Exhibit 300 program baseline attachment 1: Program Requirements.

The ATO Finance business case analysis organization guides and advises service organizations in the conduct of initial investment analysis, reviews and validates the business cases developed by service organizations, and confirms the business case analysis report is complete and consistent with FAA standards. This organization also provides standards, guidance, training, and consulting to service organizations to ensure consistency in the conduct of investment analyses.

The implementing service organization leads the investment analysis team using standard FAA investment analysis tools and guidance. It also assesses technology, generates cost and schedule estimates for alternative solutions, and determines what performance and supportability can be achieved within these estimates. The conduct of investment analyses in support of baseline change requests is negotiated between the service organization and the ATO Finance business case analysis organization.

The capital investment team assesses the budget impact of each alternative and makes offset recommendations.

The AIO Value Management Office independently reviews and scores the preliminary Exhibit 300 program baseline.

Stakeholders participate as authorized team members throughout investment analysis, providing perspective and recommendations on behalf of their organizations.

2.4.1.4 Who Approves? _{Revised 8/2008}

The Vice President or Director of the service organization or line of business, approves the initial business case analysis report. The Vice Presidents (ATO) or Directors (non-ATO) of the service organization with the mission need and the operating service organization approve the plan for final investment analysis. The Vice Presidents (ATO) or Directors (non-ATO) of the sponsoring and operating service organizations approves updated requirements in Exhibit 300 program baseline attachment 1: Program Requirements. The ATO Vice President for Operations Planning approves NAS architecture products and amendments. The Chief Information Officer approves mission support, administrative, and any other architecture products and amendments delegated to the ITEB by the JRC. The Vice President (ATO) or Director (non-ATO) of the operating service organization may implement a nonmaterial solution that emerges during investment analysis when it can be fully funded within existing approved resources. The Acquisition Executive, Chief Financial Officer, Chief Operating Officer (ATO) or the Associate or Assistant Administrator (non-ATO) of the line of business, and the ATO Senior Vice President for Finance approve the preliminary Exhibit 300 program baseline. The Acquisition Executive approves tailoring of the investment analysis process.

2.4.2 Initial Investment Decision _{Revised 10/2008}

The Joint Resources Council selects the best alternative for implementation at the initial investment decision, based on information in the preliminary Exhibit 300 program baseline and business case analysis report, or rejects the alternatives and specifies what action is needed. In making the decision, the Joint Resources Council uses the following standard selection criteria when determining which solution best contributes to FAA strategic and performance goals: benefits, lifecycle cost; benefit to cost ratio; consistency with the enterprise architecture; impact on flight plan goals, and risk. When technology is not mature or when requirements are not well-defined, the JRC approves such action as research, analysis, or development rather than final investment analysis. JRC members agree on how each organization will support final investment analysis. Commitments are recorded in the plan for final investment analysis. The Acquisition Executive is the chairperson of the Joint Resources Council at the initial investment decision.

2.4.2.1 Entrance Criteria _{Revised 8/2008}

The following are required at the initial investment decision:

Preliminary Exhibit 300 program baseline, including attachment 1: Program Requirements, and attachment 2: Business Case Analysis Report;
Preliminary Exhibit 300 program baseline scoring results;
Updated enterprise architecture products and amendments;
Plan for final investment analysis.

2.4.2.2 Joint Resource Council Actions _{Revised 7/2008}

The Joint Resources Council:

Selects the alternative to be implemented or rejects the alternatives and specifies what action is needed;
Approves a preliminary Exhibit 300 program baseline;
Approves entry into final investment analysis;
Approves funding for any analytical or developmental work related to the selected alternative;
Designates the service organization to lead final investment analysis and be responsible for solution implementation.

2.4.3 Final Investment Analysis - Plan and Baseline the Investment

The plan for final investment analysis specifies the resources, schedule, activities, documentation and exit criteria for final investment analysis. Figure 2.4.3-1 identifies principal activities.

Figure 2.4.3-1 Principal Activities of Final Investment Analysis

Figure 2.4.3-1 Principal Activities of Final Investment Analysis

2.4.3.1 What Must Be Done _{Revised 7/2008}

Identify key planning elements. The investment analysis team identifies the actions and events necessary to deliver the solution within cost and schedule constraints and achieve projected service value and benefit. Complex investment programs may involve development of systems and equipment, modification or construction of facilities, modification of the physical infrastructure, development of regulations, implementation of new procedures, purchase of real property, site acquisition and adaptation, and integration with other complex activities and programs. Complex programs may also involve planning and integration for a large number of functional disciplines such as systems engineering, logistics support, test and evaluation, risk management, system safety, human factors, configuration management, quality assurance, environmental factors, and security. If key planning elements are overlooked, resources will not be optimized, cost will grow, and schedule will not be met.
Reduce risk and finalize requirements. The investment analysis team works with the service organization to finalize requirements and plan for major risks that threaten achievement of performance, cost, schedule, and benefit objectives. This includes detailed assessments of safety, security, and human factors, and impact on the enterprise architecture. Resultant risk mitigation resources and strategies are recorded in the Exhibit 300 program baseline attachment 1: Program Requirements contains quantified performance and supportability measures against which solution performance will be assessed during operational testing and post implementation reviews. Results are reported during service-level reviews. Risk mitigation actions are monitored and updated throughout solution implementation.
Finalize strategy for implementation and lifecycle support. The service organization develops a detailed strategy for procuring, implementing, and supporting the solution over its lifecycle. This includes the roles and responsibilities of individuals and organizations critical to program success. This strategy includes the roles and responsibilities of individuals and organizations critical to program success such as safety, human factors, security, and logistics support. The strategy is recorded in attachment 3: Implementation Strategy and Planning of the Exhibit 300 program baseline.
Solicit and evaluate offers for prime contract(s). A request for offer may be released only after the initial investment decision. The service team solicits offers and evaluates industry responses to ensure the costs, identified risks, and schedules contained in the Exhibit 300 program baseline and its attachments are of sufficient accuracy to procure, implement, deploy, and maintain the intended product or service over its projected service life within baseline values. When logistics support is required, an FAALC proposal for organic support must be evaluated along with those from other service providers. Contract award is not made until AFTER the final investment decision.
Develop detailed program planning. The actions and activities necessary to implement the program are recorded in the Exhibit 300 program baseline and attachment 3: Implementation Strategy and Planning. This planning is developed using the FAA standard lifecycle work breakdown structure, standard program milestones, and a tailored in-service review checklist. Integrated program planning must be as complete and mature as possible at the time of the final investment decision since program success is crucially dependent on the quality of planning.
Finalize Exhibit 300 program baseline. The investment analysis team develops an Exhibit 300 program baseline for the phase approved for implementation by the Joint Resources Council. This baseline establishes cost, schedule, performance, and benefit measures within which the service organization is authorized to perform and against which the program will be tracked. Full lifecycle costs, risk, and benefits are recorded in the final business case analysis report. The capital investment team assesses the budget impact of the cost baseline. Results are reported in the final business case analysis report.
Independently score Exhibit 300 program baseline. The AIO Value Management Office independently scores the Exhibit 300 program baseline. They work iteratively with the investment analysis team to improve the Exhibit 300 program baseline to a passing score using established OMB criteria.
Prepare for the final investment decision. The investment analysis team completes the Exhibit 300 program baseline and its attachments, prepares briefing materials and documentation, and coordinates findings and recommendations with key stakeholders. They also work with the ATO Systems Engineering organization to update any necessary products and amendments to the enterprise architecture.

2.4.3.2 Outputs and Products _{Revised 8/2008}

The principal outputs of final investment analysis are detailed program planning for the solution selected for implementation and an Exhibit 300 program baseline for variance tracking. The approved Exhibit 300 program baseline and implementation strategy and planning attachment that include expected cost and schedule milestones and measurable benefit and risk expectations serve as agency-approved project management plans. The following required products contribute to and record these outputs:

Exhibit 300 program baseline, including attachment 1: Program Requirements, attachment 2: Final Business Case Analysis Report, and attachment 3: Implementation Strategy and Planning;
Exhibit 300 program baseline scoring results;
Updated enterprise architecture products and amendments;
Tailored in-service review checklist.

2.4.3.3 Who Does It? _{Revised 7/2008}

The investment analysis team plans and conducts final investment analysis, coordinates development of the Exhibit 300 program baseline and its attachments, updates enterprise architecture products and amendments, prepares the final business case analysis report and briefing materials, and briefs key stakeholders and Joint Resource Council members in preparation for the final investment decision.

The service organization leads the investment analysis team, develops integrated program planning, issues solicitation packages and evaluates responses, and conducts whatever analyses, research, modeling, or simulation is necessary to lower risk and finalize requirements.

The ATO Finance business case analysis organization supports the service organization and ensures compliance with FAA investment analysis standards.

Key stakeholders work on and assist the investment analysis team in all aspects of final investment analysis, particularly risk management, information security, human factors, logistics support, and safety. They commit to what each will do to support the investment program throughout solution implementation and in-service management. Commitments are captured in Exhibit 300 program baseline attachment 3: Implementation Strategy and Planning.

The capital investment team performs the final budget impact assessment.

The AIO Value Management Office independently reviews and scores the Exhibit 300 program baseline.

2.4.3.4 Who Approves? _{Revised 7/2008}

The Acquisition Executive, Chief Financial Officer, Chief Information Officer, Chief Operating Officer (ATO) or the Associate or Assistant Administrator of the line of business, and the ATO Senior Vice President for Finance sign the Exhibit 300 program baseline, which is approved by the Joint Resources Council at the final investment decision. The Vice Presidents (ATO) or Directors (non-ATO) of the providing and operating service organizations approve final requirements in attachment 1: Program Requirements. The Vice President or Director of service organization or line of business approves attachment 2: Business Case Analysis Report. The Vice Presidents (ATO) or Directors (non-ATO) of the providing and operating service organizations approve program planning in attachment 3: Implementation Strategy and Planning. For designated programs, the Director, Independent Operational Test and Evaluation, approves the test section of Attachment 3: Implementation Strategy and Planning. The ATO Vice President for Operations Planning approves NAS architecture products and amendments. The Chief Information Officer approves mission support, administrative, and any other architecture products and amendments delegated to the ITEB by the JRC.

2.4.4 Final Investment Decision _{Revised 7/2008}

The final investment decision determines whether an investment opportunity is approved for funding and entry into solution implementation. The Joint Resources Council or designated subordinate review board uses standard selection criteria when making the decision. JRC members agree at the final investment decision what each will do to implement the solution. Commitments are included in the record of decision and tracked at all future program reviews. The Acquisition Executive is the chairperson at the final investment decision.
Once a phase of a complex investment program approved by the Joint Resources Council at the final investment decision is successfully executed, the service organization conducts final investment analysis as prelude to a final investment decision for each subsequent phase of work.

2.4.4.1 Entrance Criteria _{Revised 7/2008}

The following are required at the final investment decision:

Exhibit 300 program baseline, including attachment 1: Program Requirements, attachment 2: Final Business Case Analysis Report, attachment 3: Implementation Strategy and Planning;
Updated enterprise architecture products and amendments;
Exhibit 300 program baseline scoring results;
Recommended authority for the in-service and production decisions.

2.4.4.2 Joint Resources Council Actions _{Revised 7/2008}

The Joint Resources Council approves, disapproves, or modifies the recommendations in the final investment package. If the Joint Resources Council disapproves the recommendations, it returns the investment package with specific instructions for further work or terminates the effort. If the Joint Resources Council accepts the recommendations, it:

Approves the investment program phase for implementation and delegates responsibility to the appropriate service organization;
Approves the Exhibit 300 program baseline and its attachments for program execution and variance tracking;
Approves any necessary changes to the enterprise architecture;
Commits the FAA to funding of the program phase, as specified in the Exhibit 300 program baseline;
Identifies future corporate decisions and levels of delegation;
Approves adjustments to FAA plans and budgets to reflect the investment decision;
Designates the production and in-service decision authority.

2.5 Solution Implementation _{Revised 8/2008}

Solution implementation begins at the final investment decision when the Joint Resources Council approves and funds an investment program or phase, establishes the Exhibit 300 program baseline for variance tracking, and authorizes the service organization to proceed with implementation. Solution implementation ends when a new service or capability is commissioned into operational use at all sites.

Detailed program planning, including the solicitation and evaluation of offers for prime contract(s), occurs during final investment analysis and before the final investment decision. This ensures accurate contract costs, risks, and schedules are reflected in the Exhibit 300 program baseline and its attachments. These plans and baselines are revalidated, and updated if necessary, after contract award to ensure they can realistically serve as the management construct for program implementation. The Exhibit 300 program baseline and its attachments are maintained and kept current throughout solution implementation.

The overarching goal of solution implementation is to satisfy user requirements and achieve the benefit targets in the Exhibit 300 program baseline. To achieve this, the service organization must work with users and stakeholders throughout solution implementation to resolve issues as they arise. The service organization must also track benefit targets in the Exhibit 300 program baseline and execute the actions necessary to achieve them. Actions outside the direct control of the service organization (e.g., regulatory changes) are recorded in attachment 3: Implementation Strategy and Planning of the Exhibit 300 program baseline and tracked at service-level reviews throughout solution implementation.

The activities undertaken during solution implementation vary widely and are tailored for the solution or capability being implemented. FAST contains tailored process flowcharts for representative types of investment program (systems and software, facilities, services). These flowcharts identify actions and activities the service organization may need to execute to achieve projected capability, value, and benefits. Instructions, templates, best practices, good examples, and lessons-learned are attached to many activities in the flowcharts to assist lifecycle management specialists as they plan and execute activities that make sense for their investment program.

Although service organizations are empowered to implement investment programs and manage them over their lifecycle, they must adhere to built-in checks and balances. The Exhibit 300 program baseline establishes the performance, cost, schedule, and benefit boundaries within which the service organization is authorized to operate. The service organization must report all negatives variance from Exhibit 300 cost, schedule, performance, and benefit baseline measures and undertake corrective action in accordance with AMS Section 1.2.6.

The service organization monitors cost, schedule, and performance status against targets in the Exhibit 300 program baseline and its attachments on a continuing basis, and takes corrective action when variances from planning objectives arise. It also reports program status at service-level reviews. The focus of these reviews is to identify high-risk issues requiring resolution and to ensure all actions necessary to achieve projected value and benefits are being executed satisfactorily, particularly those outside the control of the service organization. The service organization applies the principles of earned value management to development, modernization, and enhancement investment programs, and when applicable, uses audits to ensure contract costs are proper and allowable.

The service organization captures expenditures consistent with the program baseline work breakdown structure fashioned during final investment analysis and recorded in the attachment 3: Implementation Strategy and Planning of the Exhibit 300 program baseline.

Solution implementation is organized into the six sets of activity shown in Figure 2.5.1-1.These activities are tailored to the special requirements of each investment program.

Figure 2.5.1-1 Primary Activities of Solution Implementation

Figure 2.5.1-1 Primary Activities of Solution Implementation

2.5.1 What Must Be Done _{Revised 7/2008}

Finalize program planning. The service organization reviews and updates program planning completed during final investment analysis (i.e., Exhibit 300 program baseline and its attachments). Key stakeholders participate in this activity to ensure planning is complete and realistic. For example, if new systems are to be installed or existing facilities modified, service organization planners work with service-area offices so people and resources will be available when needed.
Obtain the solution. The service organization oversees and coordinates execution of tasks and activities necessary to achieve the benefits projected for the investment program within approved cost and schedule baselines. This includes such activities as contract award, contract administration, program management, resource management, risk management, systems engineering, logistics support, test and evaluation, and site acquisition and adaptation. It may involve developing operational procedures and standards; obtaining physical, personnel, and information security; modifying the physical infrastructure; and coordinating collateral action by the aviation industry.
Verify Operational Readiness. The service organization manages all activities necessary to install the solution at a designated test site(s) and test it thoroughly to verify operational readiness. Operational readiness encompasses operational effectiveness and operational suitability. Operational effectiveness measures how well the solution satisfies mission need and operational requirements. Operational suitability measures how well a product can be integrated and employed for field use, considering such factors as compatibility, reliability, human performance factors, maintenance and logistics support, safety, and training. For designated programs, operational readiness is also assessed by independent operational test and evaluation. The solution may be installed, as necessary, at the FAA Academy, FAA Logistics Center, and William J. Hughes Technical Center before the in-service decision. In rare cases and with proper justification, the service organization may request authority to install at other specific sites. This authorization does not affect the regular in-service review process culminating in a final in-service decision, which must be adhered to before a product can be placed into operational service through the declaration of operational readiness date (ORD) and commissioning.
Prepare for in-service decision. The service organization completes all activities necessary for the in-service decision. This includes resolution of all support issues identified by the operating service organization and integrated logistics management team; completion of management actions arising from the in-service review checklist and IOT&E report (designated programs only); resolution of stakeholder issues; development of the in-service decision briefing and action plan; and concurrence of key stakeholders.
Update planning for in-service management. The service organization plans how it will sustain and manage deployed assets throughout their full lifecycle. This includes in-service support, post implementation reviews and other evaluations of operational assets to measure performance, collection of performance data in support of service-level reviews, product sustainment strategy and actions, service-life extension, and eventual removal from service including site restoration.
Deploy the solution at all sites. The service organization manages all activities necessary to deploy the solution at each site. This includes transportation and delivery of equipment, installation and checkout, contractor acceptance and inspection, integration, field familiarization, declaration of initial operational capability, joint acceptance and inspection, dual operations, declaration of operational readiness, and removal and disposal of obsolete equipment. Post implementation reviews are conducted at deployment sites to ensure user needs are satisfied, identify systemic problems that must be corrected, and determine whether cost, schedule, and benefits objectives are being achieved. The transition from solution implementation to in-service management extends over time, occurring at each site upon declaration of operational readiness or commissioning.

Additionally, investment programs that develop, modernize, or enhance systems or software follow the knowledge-based product development process shown in Figure 2.5.1-1. Table 2.5.1-1 contains the timing, criteria, and authority for each decision point.

Figure 2.5.1-1 FAA Knowledge-Based Product Development Process

Table 2.1.5-1 Product Development Decision Points, Timing, Criteria, and Authority

Decision Point

Timing

Decision Authority

Decision Criteria

Product Demonstration Decision

After critical design review

Vice President or Director of the implementing service organization

Key product characteristics are defined
Stakeholders agree that product design and functionality satisfy customer requirements
System design reviews are complete
Engineering drawings are complete
Detailed software/firmware design is complete, including critical software processes and threads
RMA goals are defined and planning is complete
Failure modes and effects analysis is complete
Critical manufacturing processes are identified

Production Decision

After completion of operational testing

Vice President or Director of the implementing service organization *

First-article satisfies customer requirements in an operational environment
Data demonstrate that critical manufacturing processes and components will achieve RMA goals
First-article achieves contract RMA requirements
Stakeholders agree design is producible

* Unless otherwise designated by the JRC at the final investment decision.

2.5.2 Outputs and Products _{Revised 10/2007}

The primary outcome of solution implementation is a fully deployed and supported operational capability that satisfies requirements, is accepted by users, is compatible with other products and services in the field, and realizes the benefits in the Exhibit 300 Program Baseline. The following are typical products of solution implementation that support the fielding of a satisfactory operational capability:

Annual updates of the OMB Exhibit 300 for designated programs;
Continuous evaluation of progress against targets in the Exhibit 300 Program Baseline;
Contracts that achieve investment objectives (i.e., value, benefits, capability);
Successful operational test and evaluation;
Successful IOT&E and IOT&E report for designated programs;
In-service decision, including the In-Service Decision (ISD) briefing and action plan;
Declaration of operational readiness and commissioning at each site;
Program reviews and reports (e.g., baseline management, variance tracking; financial, schedule, performance; earned value, logistics measures, and risk management); and
Service-level review reports.

2.5.3 Who Does It? _{Revised 7/2008}

The service organization manages all activities necessary to plan, obtain, and deploy the solution. This includes the award and management of contracts, continuing review and evaluation of progress relative to plan, and corrective action to achieve cost, schedule, performance, and benefit targets in the Exhibit 300 program baseline. Service organizations also manage all issues and actions necessary for the in-service decision, and update program planning to address how the newly fielded capability will be sustained throughout its service life. The integrated logistics management team ensures implementation of the logistics solution.

The operating service organization conducts joint acceptance and inspection at each site, declares operational readiness, and commissions the solution into operational use.

Authorized representatives of key stakeholder organizations work with the service organization throughout solution implementation to resolve all issues and enter into binding agreements to achieve the costs, schedule, performance, and benefits projected for the investment program. They provide the service organization and ISD authority with all issues and concerns identified during solution implementation up to and including the in-service decision.

For programs designated for independent operational test and evaluation, the Vice President of the service organization notifies the ATO Vice President for Safety Services when the product is ready for independent operational assessment via the IOT&E readiness declaration. The Director of IOT&E evaluates operational readiness of the product and reports findings to the in-service decision authority.

The Information Technology Executive Board annually reviews OMB Exhibit 300s for designated programs as part of the annual budget process. During this process, the AIO Value Management Office independently scores all OMB Exhibit 300s that will be submitted to the Office of Management and Budget through the Office of the Secretary of Transportation. The objective is to obtain a passing score from the Office of Management and Budget on all submitted OMB Exhibit 300s.

2.5.4 Who Approves? _{Revised 7/2008}

The Joint Resources Council approves changes to the Exhibit 300 program baseline. The Chief Information Officer, Chief Financial Officer, and Acquisition Executive approve OMB Exhibit 300s for designated information technology capital investments before submission to OMB. The Acquisition Executive and Chief Financial Officer approve OMB 300 Exhibits for designated non-information technology capital investments.

2.6 In-Service Decision _{Revised 7/2008}

The in-service decision authorizes deployment of a solution into the operational environment. It occurs after demonstration of initial operational capability at the key test site. The decision establishes the foundation for operational readiness to be declared at key site and subsequent sites following completion of joint acceptance and inspection by the operating service organization and certification of compliance with information security requirements. The in-service decision is based on thorough testing to verify performance and operational readiness. The in-service review checklist is used by the service organization to identify and resolve readiness issues before the in-service decision.

The Joint Resources Council designates the in-service decision authority at the final investment decision. If the JRC retains the in-service decision, the Acquisition Executive is the chairperson at the decision meeting. The JRC may delegate in-service decision authority to other FAA officials, specifically to the Chief Operating Officer for NAS systems under the purview of the Air Traffic Organization. The Chief Operating Officer may re-delegate decision authority to the appropriate service unit Vice President after obtaining JRC approval.

The in-service decision is recorded in the record of decision. An ISD action plan to resolve remaining operational readiness issues is an attachment to the record of decision. Status of the ISD action plan is tracked and reported at service-level reviews until all issues are resolved.

2.6.1 Entrance Criteria _{Revised 7/2008}

The following are required for the in-service decision:

Operational test report(s);
IOT&E report for designated programs;
ISR checklist completed;
Safety risk management document or system safety assessment report approved;
Information security certification and authorization;
Stakeholder concurrence on readiness for the in-service decision;
ISD briefing and action plan.

2.6.2 In-Service Decision Authority Actions

The in-service decision authority:

Makes the in-service decision;
Approves the ISD record of decision;
Approves the ISD action plan.

2.7 In-Service Management _{Revised 7/2008}

Activity during in-service management supports execution of the FAA mission of providing air traffic control and other services. This entails operating, maintaining, securing, and sustaining systems, products, services, and facilities in real time to provide the level of service required by users and customers. It also entails periodic monitoring and evaluation of fielded products and services, and feedback of performance data into mission and investment analysis as the basis for revalidating the need to sustain deployed assets or taking other action to improve service delivery.

Service organizations are responsible and accountable for managing service delivery within their area of responsibility throughout in-service management. They bring together the multiple engineering, logistics, and other management specialists necessary to operate and sustain fielded systems, services, products, and facilities within costs as specified in the approved Exhibit 300 program baselines of investment assets under their management. This includes managing resources within specific geographic areas, and may involve emergency sustainment actions in response to natural disasters or other unanticipated events.

Service organizations have flexibility to sustain and enhance fielded capability. They may implement pre-planned product improvements or block upgrades as stipulated at the investment decision, and may use sustainment resources within approved Exhibit 300 program baselines to upgrade components of fielded products as needed (e.g., printers or processors).

Implementation Strategy and Planning documents for programs during in-service management focus on actions and activities that support continued operation and maintenance of deployed assets. The documents clearly define in-service management activities, such as configuration management, preventive and corrective maintenance, training, infrastructure support and logistics support, along with planned activities to support post implementation reviews and operational analyses.

Service organizations evaluate on a continuing basis the safety, efficiency, and effectiveness of operational assets as a basis for improving service delivery over time. This process begins with a post implementation review at one or more early operational sites to determine whether a new investment program is achieving its performance and benefit targets and whether it is meeting the service needs of customers. The primary objective is useful information on how best to eliminate flaws and optimize performance and benefits before deployment at additional sites. This evaluation process continues throughout in-service management with the periodic evaluation of operational assets to determine whether they are continuing to contribute to agency safety, performance, and cost goals or whether they should be modernized, replaced, or removed from service. These operational analyses are the basis for out-year planning in the service organization business plan, which integrates ongoing and planned investment activity with resources for the operation and sustainment of fielded assets over their service life. The overarching goal is the continued best use of agency resources to achieve FAA strategic and performance goals. Click here for links to post implementation review policy and guidance for links to operational analysis policy and guidance.

When a fielded capability is projected to be unable to satisfy service demand or when another solution offers improved safety, lower cost, or higher performance, the service organization initiates action to enter the investment analysis process leading to a new investment decision. The key is to look far enough into the future so there is enough time to approve and implement a solution before the existing capability fails.

Service organizations may not take any action that would breach an approved Exhibit 300 program baseline under their management by more than 10 percent. When service delivery goals cannot be achieved within an approved baseline, the service organization takes such action as:

Request a rebaseline decision to change an approved Exhibit 300 program baseline;
Start mission and investment analysis leading to a new investment decision or other action to solve a service problem;
Request an investment decision to decommission unsupportable or poorly performing assets.

Service organizations must remove and dispose of fielded assets and services when they are no longer needed. This includes restoration of sites where obsolete products or services were deployed, disposal of government property, recovery of precious metals, and cannibalization of useful assets. The cost of removal and restoration is included in the Exhibit 300 program baseline of the replacement program. If there is no replacement program, the cost must be otherwise factored into the service-area operating plan.

2.7.1 What Must Be Done _{Revised 7/2008}

Deliver air traffic control and other business services. This is done using infrastructure, procedures, personnel, and other assets as assigned and funded.
Sustain services within baseline values. Management and engineering actions throughout in-service management sustain and improve service delivery, correct deviations from cost and performance standards, and improve quality. These actions include modifications to hardware and software to solve latent or discovered technical problems, process changes to improve performance, planned block upgrades and product improvements, and sustainment actions that lower operating costs. It involves the management of personnel, information systems, money, logistics support, spare parts, technical resources, and other assigned assets. Management techniques include fiscal and workforce planning, contract award and administration, fiscal and program control, and process management to achieve cost, performance, and benefit objectives. All modifications to fielded assets must be in accordance with the enterprise architecture. If a planned modification requires a change to the architecture, appropriate amendments and products must be developed and approved.
Evaluate performance against baseline values and customer expectations. Post implementation review(s) at deployment sites help to determine whether performance and benefits in the Exhibit 300 program baseline are being achieved. When projections are not being realized, corrective action is planned and implemented. Periodic operational evaluations of fielded assets continue throughout in-service management to identify performance shortfalls, determine trends in the cost of ownership, identify adverse support trends, and solve systemic operational or support problems in the service environment. These evaluations are the basis for revalidating the merit of sustaining investment assets or the need for other action. Findings are fed back into service analysis, where it is determined whether to continue to sustain existing assets or recommend new investments to solve systemic operational problems in the service environment.
Recommend baseline changes or new investment opportunities. When cost, schedule, performance, or benefits are projected to breach an approved Exhibit 300 program baseline by more than 10 percent, the service organization must notify the Joint Resources Council and present a corrective action plan that specifies what actions will be taken to correct a variance.
Prioritize opportunities for operational funding. Service organizations participate in cross-organizational planning to review, integrate, and prioritize the allocation of operational resources to fielded services and assets. This objective is to continue support for high-ranking service needs and reduce or terminate support for low-value or redundant assets. Recommendations are presented to the Joint Resources Council for approval.
Support service delivery. This includes corrective and preventive maintenance, supply support, second-level engineering, depot-level repair, modification of hardware and software to improve performance, test and support equipment, and transportation of supplies.
Sustain in-service support. Any modification to fielded assets (e.g., block upgrade, planned product improvement, problem correction) must be accompanied by concomitant changes to key elements of the support infrastructure such as training, documentation, spare parts, and engineering support. This includes development, attrition, and refresher training for personnel who directly operate, maintain, or provide support functions.
Update the OMB Exhibit 300 for the annual budget cycle. Annual updates reflect program changes and move the budget submission forward one year. The OMB Exhibit 300 must continue to achieve a passing score from the Office of Management and Budget.
Update the Implementation Strategy and Planning document. Service organizations review the Implementation Strategy and Planning document annually and update it as needed.
Execute emergency sustainment actions. This includes planning for contingency and emergency responses. Highest priority services are sustained even if performance goals for lower priority services cannot be met.
Maintain physical, personnel, and information security at all FAA facilities. This includes environmental threat and facility assessment and accreditation in accordance with FAA internal security planning.
Sustain the physical infrastructure. Resources are planned and allocated to sustain utilities, buildings, grounds, structures, roads, telecommunications, handling of hazardous materials, lightning protection, bonding, grounding, heating, cooling, and special access.
Acquire, manage, and dispose of property. This applies to FAA-owned and leased properties, as well as to non-federal facilities with external sponsors. This activity may involve the purchase or lease of buildings, structures, and grounds, as well as removal and disposal of no longer used equipment, systems, services, products, facilities, real property, and resources. Removal and disposal includes decommissioning, dismantling, and demolishing of systems and equipment; restoring sites including environmental cleanup and disposal of hazardous materials; disposing of government property; recovering precious metals; and reusing surplus assets.
Manage and control configuration of all services and service components. This includes the submission of NAS change proposals to the appropriate approval board to baseline, install, and manage changes to NAS systems, software, and equipment. Coordination with the appropriate systems engineering organization is necessary to ensure changes are compatible with and reflected in the enterprise architecture.
Sustain flight inspections, aircraft certification, and regulatory requirements. This pertains to all safety-related quality assurance actions, including establishing safety standards for operations, monitoring safety performance, issuing and maintaining certificates and licenses, and developing and revalidating procedures such as approach and landing procedures.

2.7.2 Outputs and Products _{Revised 7/2008}

Delivery of FAA enterprise services;
Post implementation reviews and corrective action as needed to achieve investment performance and benefits;
Periodic operational analysis of fielded assets including the effectiveness and efficiency of supply chain management;
Periodic revalidation of the need to sustain fielded investment resources;
Enforcement actions, baseline changes, and investment recommendations to maintain or improve service delivery;
Change proposals to install systems, software, and equipment and to improve capability, safety, or efficiency in accordance with the enterprise architecture;
Program technical reports and hardware discrepancy reports to correct hardware and software problems;
Annual OMB Exhibit 300 submissions;
Emergency sustainment actions to sustain high priority capabilities and services;
Up-to-date configuration records for fielded equipment;
Annual report on critical operational needs;
Periodic assessment of facility security enhancements;
Actions plans to remedy Exhibit 300 program baseline variances;
Updated Implementation Strategy and Planning documents if needed;
Flight inspections, aircraft certification, and regulatory actions.

2.7.3 Who Does It? _{Revised 7/2008}

Service organizations:

Provide and sustain services;
Manage resources in the Exhibit 300 program baseline to sustain fielded assets;
Manage preplanned product improvements;
Update OMB Exhibit 300s for the annual budget cycle;
Review the Implementation Strategy and Planning document to focus on in-service management activities and update as needed;
Manage the configuration of fielded assets consistent with FAA policy and the enterprise architecture;
Develop infrastructure for modifications to fielded assets, including training, documentation, spare parts, and repair;
Periodically assess customer satisfaction as the foundation for improving service delivery;
Monitor quality, assess performance, track cost, and identify adverse support trends for fielded assets;
Periodically revalidate the need to sustain fielded assets or recommend other action such as upgrade, replacement, or decommissioning and removal;
Develop business case and recommend research or technology opportunities for improving service delivery or reducing ownership costs;
Assess the impact on sustainment of fielded assets resulting from delays in fielding a new capability;
Sustain the physical infrastructure.

AIO Value Management Office:

Reviews and scores OMB Exhibit 300s as part of the annual budget cycle
Reviews and scores Exhibit 300 program baselines as part of the rebaseline request process.

PIR Quality Officer:

Oversees the quality, planning, conduct, and reporting of post implementation reviews;
Oversees the quality, conduct, and reporting of operational analyses.

Integrated Logistics Management Team:

Assesses the effectiveness of supply chain management and the support concept; and
Recommends changes to logistics management to optimize service delivery at best value.

2.7.4 Who Approves? _{Revised 7/2008}

Joint Resources Council:

Approves changes to Exhibit 300 program baselines;
Makes investment decisions to add, remove, or move resources among Exhibit 300 program baselines within the operating plan of each service organization.

The Chief Information Officer, Chief Financial Officer, and Acquisition Executive approve OMB Exhibit 300s for designated information technology capital investments before submission to OMB.

The Acquisition Executive and Chief Financial Officer approve OMB 300 Exhibits for designated non-information technology capital investments.

The Vice President (ATO) or Director (non-ATO) of the service organization approves updates to the Implementation Strategy and Planning document and forwards the signed document to the JRC Executive Secretariat.

3 Procurement Policy

3.1 Overview

3.1.1 Introduction _{Revised 7/2007}

The goal of the Federal Aviation Administration procurement system is to obtain high quality products, services, and real property in a timely, cost-effective manner, at prices that are fair and reasonable. The procurement system enables the FAA to be innovative and creative so that the right vendor is selected to implement a solution. The FAA procurement system is an integrated part of the lifecycle management process. The FAA procurement system focuses primarily on identifying sources, awarding, and administering contracts.

The FAA procurement system emphasizes competition, selects the vendor with the best value and provides a protest forum through the FAA's Dispute Resolution system. Open communications with industry from initial planning to contract award are the cornerstones of the process. Procurement documents are tailored to individual requirements and screening improves source selection by focusing efforts on those offerors most likely to receive an award. The procurement system emphasizes "common sense" decision-making, flexibility, business judgment, and a team concept for managing procurements. Service organizations have the proper level of authority to make decisions and are responsible and accountable for their actions.

The FAA's procurement system provides policy and guidance for executing contracts and agreements to acquire products, services, and real property. In support of the FAA's mission, the Administrator, or designee, has broad discretion to select contractors who provide products, services, and real property. Procurement officials should follow the policy and guidance contained herein but, based on prudent discretion and sound judgment, may employ any procedures that do not violate applicable statutes or regulations. The National Acquisition Evaluation Program strategically monitors the implementation of procurement requirements by periodically evaluating acquisition processes in support of FAA efforts to improve the quality of procurement practices.

3.1.2 Applicability

The FAA procurement system applies to all procurements conducted by the FAA, as set forth herein with the exception of assistance relationships, such as grants and cooperative agreements.

3.1.3 Fundamental Principles

The FAA procurement system will:

Enable the selection of the contractor with the best value to satisfy the FAA's mission;
Focus on key discriminators between vendors and their products or services to ensure timely, cost efficient, and quality contract performance;
Promote discretion, sound business judgment, and flexibility at the lowest levels while maintaining fairness and integrity;
Encourage the procurement of commercial and non-developmental items;
Provide streamlined methods and initiate innovative processes to conduct timely and cost-effective procurements;
Promote open communication and access to information throughout the procurement process and encourage use of electronic methods for information exchange;
Encourage competition as the preferred method of contracting;
Permit single-source contracting when necessary to fulfill the FAA's mission;
Allow the use of a range of contract types and transactions best suited to a particular procurement;
Authorize the use of credit cards and third party drafts consistent with prudent business practice;
Provide attainable and reasonable opportunities for small businesses and small businesses owned and controlled by socially and economically disadvantaged individuals in consultation with the Department of Justice to ensure compliance with the constitutional standards established by the Supreme Court in Adarand Constructors v. Peña, as well as the President's July 19, 1995, directive to the heads of executive departments and agencies on the "Evaluation of Affirmative Action Programs";
Provide an internal process for resolving protests and disputes in a timely, cost-effective and flexible manner;
Promote high standards of conduct and professional ethics;
Require appropriate file documentation to support business decisions;
Assure adequate checks and balances; and
Ensure public trust.

3.1.4 Contracting Authority _{Revised 10/2007}

Pursuant to the Federal Aviation Administration Reauthorization Act of 1996, Public Law 104-264, the Administrator is the final authority for carrying out all functions, powers, and duties of the Administration relating to the acquisition and maintenance of property and equipment of the Administration. The Administrator has broad authority "to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary to carry out the functions of the Administrator and the Administration . . .with any Federal agency, or any instrumentality of the United States, any territory, or possession, or political subdivision thereof, any other governmental entity, or any person, firm, association, corporation, or educational institution, on such terms and conditions as the Administrator may consider appropriate."

The FAA Administrator may establish contracting activities and delegate to the Acquisition Executive broad authority to manage FAA contracting functions. The Acquisition Executive is authorized to appoint Chief of the Contracting Office (COCO) and redelegate the contracting authority to the COCO. The COCO may redelegate the contracting authority to individuals within their management area such as procurement and real property contracting officers, logistics management specialists, and managers of the purchase card program. All individuals who are delegated contracting authority must have met the training requirements of the AMS and have demonstrated the appropriate knowledge and experience needed to execute this authority on behalf of the Government. Except for the purchase card program manager, these individuals may not redelegate their contracting authority. Contracting authority must be delegated to the Contracting Officers or other qualified persons with a written warrant or other certificate of appointment. Contracts, agreements, grants and other transactions may be entered into and signed on behalf of the FAA by Contracting Officers (COs) only, or other qualified persons with a written certificate of appointment. The certificate of appointment must expressly state the types of transactions and limitations authorized by the delegation. Absent specific authority in the delegation, that authority does not exist. Information on the limits of the contracting officer's authority shall be readily available to the public and FAA personnel.

The CO must have warrant authority commensurate with the total estimated potential value (see Appendix C) of a transaction. Modifications after the original award are considered stand alone actions when calculating the total estimated potential value; a Contracting Officer’s warrant must have a dollar limitation sufficient to award the total value of a modification, but not the entire value of the contract, order, lease, or agreement.

Key contracting duties and responsibilities are to be separated among individual people. For a particular requirement, the same person shall not requisition, certify funds availability, approve, and obligate funds.

3.1.5 Conflict of Interest _{Revised 10/2008}

Any member of a service organization or Office of Dispute Resolution for Acquisition (ODRA) who is a Federal employee that has a real or apparent conflict of interest must withdraw from participation in the procurement process when required by law (18 U.S.C. 208) or regulation (5 CFR Part 2635). To sustain the integrity of the procurement process, non-Federal members of a service organization or ODRA are held to the same standards.

3.1.6 Disclosure of Information _{Revised 10/2008}

Source selection information and proceedings must not be discussed outside the service organization. The Source Selection Official (SSO) must determine the extent to which source selection information is disclosed and must execute a certificate of nondisclosure as appropriate.

3.1.7 Organizational Conflicts of Interest

The policy of the FAA is to avoid awarding contracts to contractors who have unacceptable organizational conflicts of interest. The FAA will resolve organizational conflict of interest issues on a case-by-case basis; and when necessary to further the interests of the agency, will waive or mitigate the conflict at its discretion.

3.1.8 Procurement Integrity Act

FAA is subject, with modifications as described in the Procurement Toolbox, to the Procurement Integrity Act (41USC 423).

3.1.9 Electronic Commerce in Contracting _{Added 7/2007}

FAA may, to the extent practicable and cost effective, use electronic commerce procedures and processes, including acceptance of electronic signatures, to conduct and administer procurement actions. The Electronic Signatures in Global and National Commerce Act (E-SIGN) provides an equivalency between legally-required written records and the same information in electronic form.

3.2 Contracting

3.2.1 Procurement Planning

3.2.1.1 Applicability

Planning requirements apply to all FAA procurements, including interagency agreements, with the exception of real property, utilities, and those procurements using the commercial and simplified purchase method.

3.2.1.2 Policy

Procurement planning is an indispensable component of the total acquisition process. Service organizations are expected to use procurement planning as an opportunity to evaluate/review the entire procurement process, so that sound judgments and decision making will facilitate the success of the overall program. For procurements not covered by an Exhibit 300 Program Baseline with Attachment 3: Implementation Strategy and Planning, procurement planning should be appropriate and proportionate to the complexity and dollar value of the requirement.

3.2.1.2.1 Market Analysis

For procurements not addressed in a program with an approved Exhibit 300 Attachment 3: Implementation Strategy and Planning, the market analysis is to initiate industry involvement, develop and refine the procurement strategy, obtain price information, determine whether commercial items exist, determine the level of competition, identify market practices, or obtain comments on requirements. The magnitude and degree of formality of the market analysis should be proportionate to the contemplated procurement. The market analysis may be as simple as a telephone call or as formal as a market survey advertisement to learn of industry capabilities. All market analyses, formal or informal, should be appropriately documented.

3.2.1.2.2 Procurement Plan

A plan for each contemplated procurement or class of procurements should address the significant considerations of the procurement action. A procurement plan may cover more than one contract. The procurement plan represents the service organization agreement for conducting the procurement. For less complex procurements, procurement plans are not required if deemed unnecessary by the service organization.

The following alternatives are for procurements not addressed in an Exhibit 300 Program Baseline Attachment 3: Implementation Strategy and Planning.

3.2.1.2.3 Procurement Strategy Meeting

As an alternative to a formal written procurement plan and its associated approvals, a Procurement Strategy Meeting (PSM), which includes representatives of those organizations with a vested interest in the contemplated procurement, may be held. Approval of the PSM presentation constitutes approval of the procurement approach. Minutes from a PSM may be substituted for a written procurement plan. The presentation should address all of the items that would have been addressed in a procurement plan for the contemplated requirement. The service organization should consider the dollar value, complexity, organizational issues, and other factors to determine whether a higher-level official should chair the meeting and approve the PSM presentation. A presentation should not be substituted for a written procurement plan when the service organization determines that a procurement plan is required or a single source procurement is appropriate.

The service organization determines whether a written procurement plan is needed for each procurement or a related group of procurements. Consideration should be given to complexity, need for organizational agreement, risk, significance of the procurement, and, to a lesser extent, dollar value and schedule requirements. The specific content of a procurement plan may be different for each procurement, depending on the complexity, organizations involved, and other factors.

Changes to the procurement plan should be made as changes in the needs of the procurement occur. Changes to the procurement plan are approved at the service organization level.

3.2.1.2.4 Independent Government Cost Estimate _{Added 10/2008}

An independent Government cost estimate (IGCE) is required for any anticipated procurement action (to include modifications) whose total estimated value is $100,000 or more, except for:

Modifications exercising priced options or providing incremental funding;
Delivery orders for priced services or supplies under an indefinite-delivery contract; or
Acquisition of real property (i.e., land or space).

The CO may require an IGCE for procurement actions (to include modifications) anticipated to be $100,000 or less.

3.2.1.3 Guidance and Principles

For procurements not covered in a program with an Exhibit 300 Program Baseline Attachment 3: Implementation Strategy and Planning, the following elements should be considered in planning for procurements.

3.2.1.3.1 Development

Preference should be given to using commercial and previously developed items whenever possible. Development of a product, and its associated costs and risks, should be avoided unless necessary to meet FAA needs. If developmental items are required, the need should be documented in the procurement plan.

3.2.1.3.2 Scope of Procurement

The scope of a procurement in terms of complexity, period of performance, dollar value, risk, and other factors should be considered in planning a procurement. As the scope of a procurement increases, the risk of unsuccessful management of the procurement also increases. Appropriate trade-offs should consider elements such as: managing a large complex procurement versus several smaller phased procurements; the systems integration role; total systems responsibility; timing of benefits; technological obsolescence; and other factors.

3.2.1.3.3 Budget Allocation Release

Consideration should be given to releasing contract-related budget information to industry in situations where the procurement involves development or multiple-year funding and is likely to be conducted competitively. If the service organization decides to release the information, the decision should be identified in the procurement plan.

3.2.1.3.4 Small Business and Socially and Economically Disadvantaged Business

The FAA shall comply with Presidential directives, constitutional standards, public laws, and DOT Secretary Policy Statements to promote and expand procurement opportunities for Small Businesses, Socially and Economically Disadvantaged Small Businesses, women-owned small businesses, and service disabled veteran owned small businesses. FAA will work with the Department of Justice to ensure that programs designed to increase opportunities for disadvantaged businesses comply with the constitutional standards established by the Supreme Court in Adarand Constructors v. Pe�a, as well as the President's July 19, 1995, directive to the heads of executive departments and agencies on the "Evaluation of Affirmative Action Programs."

3.2.1.3.5 Quality Assurance

For complex systems or hardware acquisition, the service organization should coordinate with representatives of the Quality Assurance office as soon as procurement requirements are defined, to establish quality assurance requirements for the proposed procurement.

3.2.1.3.6 Labor Relations

When planning procurements, the service organization should comply with applicable FAA labor relations directives.

3.2.1.3.7 Maintaining Competition

Consideration should be given to methods of maintaining competition throughout the lifecycle of any product or service. Methods to be considered may include dual sourcing, obtaining reprocurement data and data rights, open system designs, and any other appropriate methods.

3.2.1.3.8 Single-Source Approval

The service organization determines whether the procurement should be conducted on a competitive or single source basis. The rationale for the single source procurement should be included in Exhibit 300 Program Baseline Attachment 3: Implementation Strategy and Planning or the procurement plan. If an Exhibit 300 Program Baseline and attachments are not required, and the service organization determines that based on the complexity of the procurement a procurement plan will be established, the procurement plan should include the justification for the single-source decision. Approval of Exhibit 300 Program Baseline Attachment 3: Implementation Strategy and Planning or the procurement plan constitutes approval of a single-source procurement; no further approval or documentation is necessary.

3.2.1.3.9 Pre-Release of Documents

Early release of program documents can be an important part of communication with industry. Releasing draft functional requirements, draft specifications, or a draft screening information request (SIR) can be beneficial to industry, as well as the FAA. Early and more complete releases of the SIR and feedback from industry should be part of the market analysis strategy.

3.2.1.3.10 Reserved

3.2.1.3.11 Reserved

3.2.1.3.12 Public Announcements _{Revised 6/2006}

3.2.1.3.12.1 General _{Added 6/2006}

All procurements anticipated to exceed $100,000 must be publicly announced on the Internet or through other means. This requirement does not apply to noncompetitive awards to SEDB (8(a)) firms and SDVOSB, emergency single source actions, purchases from an established qualified vendor list (QVL) or FSS, exercise of options, or changes. For actions under $100,000, a public announcement is optional if it is not required by 3.2.1.3.12.2 .

3.2.1.3.12.2 Procurements Involving Products from Federal Prison Industries _{Revised 7/2008}

All procurements of products available from Federal Prison Industries (FPI) anticipated to exceed $10,000 must be publicly announced on the Internet or through other means, including procurements where FPI products are determined not to be the best value to FAA at the market survey stage. This requirement does not apply to a procurement that satisfies an exception in AMS Policy 3.8.4.2 (concerning procurement of FPI products).

3.2.1.3.13 OMB Circular A-76, Performance of Commercial Activities.

OMB Circular A-76 (Revised), "Performance of Commercial Activities," establishes Federal policy for the competition of commercial activities. Inherently governmental activities are to be performed with Government personnel, but activities identified as not inherently governmental in nature are to be subjected to competition to determine if such activities should continue to be performed by Government personnel. The FAA will follow the policies of the Circular to the extent that such policies are consistent with FAA's statutory authority.

3.2.1.4 Chief Financial Officer Act Requirements

The Chief Financial Officer Act of 1990 (CFOA) includes a requirement for the FAA to furnish annual financial statements reflecting the assets of the agency to the Director of the Office of Management and Budget (DOMB) annually by March 31. The financial statements are subjected to annual independent audits to validate the conclusions of the agency regarding its financial position. DOMB then reports the audit results to Congress. In implementation of the CFOA, the service organization shall put in place appropriate contract line item structure and billing mechanisms for FAA contracts that enables the agency to accurately reflect the value of its assets, and assure that related accounting classifications are included on financial documents to generate the information needed for an accurate financial statement.

3.2.1.5 Disaster or Emergency Preparedness and Response _{Revised 7/2007}

3.2.1.5.1 Local Area Set-Asides for Disaster or Emergency _{Added 7/2007}

The Contracting Officer may set-aside procurements for competition among only offerors residing or doing business primarily in a geographic area where the President has declared a major disaster or emergency.

3.2.1.5.2 Continuity of Services-Mission Critical Contracts _{Added 7/2007}

FAA may designate mission critical contracts that require continued contractor performance during times of National Emergency or Incidents of National Significance, such as pandemic influenza. These contracts must include provisions and contractor plans detailing how essential services or supplies will still be adequately delivered.

3.2.2 Source Selection

3.2.2.1 Applicability

Source selection policy and guidance apply to acquisitions for products and services except for real property, utilities, and agreements. There are two competitive procurement methods available for obtaining products and services through the FAA contracting process.

The first method is described under Complex and Noncommercial Source Selection and is used for complex, large dollar, developmental, noncommercial items and services. This is the method that typically would be used for investments approved by the Joint Resources Council.

The second method is described under Commercial and Simplified Purchase Method and, is typically used for commercial items that are less complex, smaller in dollar value, and shorter term. Such products or services may be routine in nature and are generally purchased on a fixed price basis.

3.2.2.2 Policy _{Revised 10/2008}

The FAA procures products and services from sources offering the best value to satisfy FAA's mission needs. Considering complexity, dollar value, and availability of products and services in the marketplace, FAA has flexibility to use any method of procurement deemed appropriate to satisfy FAA's mission.

The FAA provides reasonable access to competition for vendors interested in doing business with FAA. Competition among two or more sources is the preferred method of procurement. When competition is not feasible, procurements may be on a single source basis if there is a documented rational for the decision; documentation for this decision is not required for procurements with a total estimated value of less than $10,000.

Procurements with a total estimated value exceeding $10,000 but not over $100,000 are reserved exclusively for competition among socially and economically disadvantaged business [SEDB/(8(a))] vendors, pursuant to AMS policy 3.6.1.3.4.. If the CO, with review by the cognizant small and disadvantaged business utilization specialist, determines that an SEDB/(8(a)) set-aside is not in FAA’s best interest due to quality, price, or delivery, then the decision must be documented.

The CO must issue a public announcement informing industry of FAA's procurement strategy before, or concurrent with, releasing an initial SIR.

Each SIR must contain specific evaluation criteria that FAA will use to evaluate offeror’s submittals. When using complex and noncommercial source selection methods, FAA must include past performance as an evaluation factor. If appropriate, FAA may use process capability of suppliers as an evaluation factor according to established criteria. Cost or price considerations must be an evaluation factor in all final selection decisions. Any request for offer (RFO) must include a requirement for a formal cost or price proposal. The source evaluation team must document the findings of the evaluation. The source selection official (SSO) must base all selection or screening decisions on evaluation criteria established in each SIR. The CO must conduct debriefings with all offerors that request them.

Responsible contractors only may receive awards. To be determined responsible, a prospective contractor:

Has or can obtain adequate financial resources to perform a contract;
Has the ability to meet any required or proposed delivery schedules;
Has a satisfactory performance history;
Has a satisfactory record of integrity and proper business ethics;
Has appropriate accounting and operational controls that may include, but are not limited to: production control, property control systems, quality assurance programs, and appropriate safety programs; and
Is qualified and eligible to receive an award under applicable laws or regulations.

The CO's signing of the contract constitutes a determination that the prospective contractor is responsible with respect to that contract. When an offer is rejected because the prospective contractor is non-responsible, the CO must make a determination of non-responsibility. The CO has broad discretion in making this determination.

3.2.2.3 Complex and Noncommercial Source Selection

This section establishes the FAA's policy for evaluating and selecting sources for the award of complex, noncommercial competitive contracts. This process consists of up to five distinct phases, with the screening phase being the cornerstone. The five phases are:

Planning;
Screening;
Selection;
Debriefing (as requested); and
Lessons learned.

3.2.2.3.1 Selection Phases

3.2.2.3.1.1 Planning

Refer to the procurement planning section for further guidance.

3.2.2.3.1.2 Screening

Screening is the process by which the FAA will determine which offeror provides the best value to the FAA. The process is flexible and allows selection and award after one screening request. This process allows the FAA to make an award considering only price and the price-related factors included in the SIR. The number of distinct screening steps for a particular procurement will vary, based on the complexity of the procurement. Provided below is guidance associated with the screening phase.

3.2.2.3.1.2.1 Screening Information Request _{Revised 7/2007}

The purpose of the SIR is to obtain information, which will ultimately allow the FAA to identify the offeror that provides the best value, make a selection decision, and award the contract to conclude the competitive process. A SIR is a request by the FAA for documentation, information, presentations, proposals, or binding offers. Three categories of SIRs (see below) may be used according to the procurement strategy adopted by the service organization. Once the public announcement has been released, the SIR may be released to start the competitive process. The service organization will determine the type(s) of SIR(s) that are appropriate for each procurement.

For a given procurement, the FAA may make a selection decision after one SIR, or the FAA may have a series of SIRs (with a screening decision after each one) to arrive at the selection decision. This will depend on the types of products and services to be acquired and the specific source selection approach chosen by the service organization. When it is desired to make a selection decision after one SIR, that SIR should be a request for offer (see below). In general when multiple SIRs are contemplated, the initial SIR should request general information, and future SIRs should request successively more specific information.

Initial SIRs need not state firm requirements, thus allowing the FAA to convey its needs to offerors in the form of desired features, or other appropriate means. However, firm requirements ultimately will be established in all contracts.

Each SIR should contain the following information:

Paper Reduction Act number OMB No. 2120-0595 on the cover page.
A statement identifying the purpose of the SIR (request for information, request for offer, establishment of a QVL and screening).
A definition of need,
A request for specific information (with specific page and time limitations, if applicable),
A closing date stating when submittals must be received in order to be considered or evaluated,
Evaluation criteria (and relative importance, if applicable),
A statement informing offerors how communications with them will be conducted during the screening, and
An evaluation/procurement schedule (including revisions, as required).

The evaluation/procurement schedule should be realistic and should alert the offerors to the fact that the FAA plans to adhere to its schedule and that offerors interested in award will be expected to adhere to this schedule.

There are three categories of SIRs: qualification information, screening information, and request for offers. Each category of SIR is discussed in detail below.

Qualification Information

Qualification information, used to qualify vendors and establish qualified vendor lists (QVLs), should be requested only if it is intended that the resultant QVL will be used for multiple FAA procurements.

Qualification information screens for those vendors that meet the FAA's stated minimum capabilities/requirements to be qualified to provide a given product or service. All vendors that meet the FAA's qualification requirements will be listed on the appropriate QVL for the stated products or services.

Requested qualification information (including equipment/products) should be tailored to solicit the information that will allow the FAA to determine which of the vendors meet the FAA's minimum qualification requirements for the required products or services. For products, the information required to make such a determination might be equipment/products for FAA testing, vendor testing, testing data, product documentation, and production capability. For services, the information required to make such a determination might be a capabilities statement and performance experience. For software-intensive products or services, the information required to make such a determination might include descriptions about the offeror's software development and maintenance processes, in addition to other general information suggested above for products or services.

Once qualification information is requested, received, and evaluated in accordance with the evaluation plan, a QVL will be established for the given product/service. Once such a list is established, only qualified vendors may compete for the products or services. Where a product available from Federal Prison Industries (FPI) is to be acquired via a QVL, any such acquisition must include FPI and follow the procedures set forth at T 3.8.4.A.4 unless the acquisition satisfies an exception in AMS 3.8.4.2. Public announcement is not required once the QVL is established. This list can be updated at the FAA's discretion. Each list should be reviewed regularly to determine whether it should be updated.

Screening Information

Screening information allows the FAA to determine which offeror(s) are most likely to receive the award, and ultimately which offeror(s) will provide the FAA with the best value. The screening information requested in the SIR should focus on information that directly relates to the key discriminators for the procurement.

The following are examples of the types of information that may form the basis of a screening request:

Equipment/products for FAA testing,
Vendor testing,
Testing data,
Technical documentation (commercial, if available/practicable),
Capability statements,
Quality assurance information,
Performance experience,
Sample problems,
Draft/model contracts,
Technical proposals (including oral presentations, if appropriate/practicable),
Commercial pricing information,
Financial condition information,
Cost or price information, and
Cost or price proposals.

Request for Offer

A request for offer is a request for an offeror to formally commit to provide the products or services required by the acquisition under stated terms and conditions. The response to the request for offer is a binding offer, which is intended to become a binding contract if/when it is signed by the CO. The request for offer may take the form of a SIR, a proposed contract, or a purchase order.

3.2.2.3.1.2.2 Communications with Offerors

Communications with all potential offerors should take place throughout the source selection process. During the screening, selection, and debriefing phases of source selection, communications are coordinated with the CO. Communications may start in the planning phase and continue through contract award. All SIRs should clearly inform offerors how communications will be handled during the initial screening phase.

The purpose of communications is to ensure there are mutual understandings between the FAA and the offerors about all aspects of the procurement, including the offerors' submittals/ proposals. Information disclosed as a result of oral or written communication with an offeror may be considered in the evaluation of an offeror's submittal(s).

To ensure that offerors fully understand the intent of the SIR (and the FAA's needs stated therein), the FAA may hold a pre-submittal conference and/or one-on-one meetings with individual offerors. One-on-one communications may continue throughout the process, as required, at the discretion of the service organization. Communications with one offeror do not necessitate communications with other offerors, since communications will be offeror-specific. Regardless of the varying level of communications with individual offerors, the CO should ensure that such communications do not afford any offeror an unfair competitive advantage. During these and future communications, as applicable, the FAA should encourage offerors to provide suggestions about all aspects of the procurement.

Communications may necessitate changes in the FAA's requirements or screening information request and such changes should be processed consistent with Section 3.2.2.3.1.2.4. Where communications do not result in any changes in the FAA's requirements, the FAA is not required to request or accept offeror revisions. The use of technical transfusion is always prohibited. Technical leveling, and auctioning techniques are prohibited, except in the use of commercial competition techniques as described in Section 3.2.2.5.3.

3.2.2.3.1.2.3 Receipt/Evaluation of Submittals

Once offerors have submitted responses to a SIR, the service organization will evaluate the submittals in accordance with the evaluation criteria stated therein and the evaluation plan. To be considered for an award, an offeror must submit a response to the initial SIR, within the time specified in the SIR.

Evaluation Criteria

The evaluation criteria form the basis on which each offeror's submissions are to be evaluated. Once the criteria have been established and disclosed to offerors, criteria should not be modified without first notifying offerors competing at that stage of the process and allowing such offerors to revise their submissions accordingly. Each SIR shall contain the specific evaluation criteria to be used to evaluate offeror submittals for that specific SIR. Evaluation criteria should be tailored to the characteristics of a particular requirement and should be limited to only the key discriminators in the ultimate selection decision. The criteria should avoid, whenever possible, the inclusion of detailed sub-criteria (or sub-criteria in general). Further, efforts should be made to ensure that there are no overlapping criteria. Initial SIRs do not require cost or price proposals but should require submission of more generalized cost or price estimates. Cost or price considerations shall be an evaluation factor in all selection decision(s). For software acquisitions the criteria should include, whenever appropriate, an evaluation of the maturity of the offeror's software acquisition, development and maintenance processes that are relevant to the procurement. Such evaluations should be performed using standardized instruments such as a Capability-Maturity-Model-based Evaluation.

Evaluation Plan

An evaluation plan shall be prepared by the service organization and approved by the SSO for all procurements accomplished under this section. Evaluation plans should be concise and tailored to the specific needs of the procurement. The evaluation plan should include the name of the SSO and the names of the service organization members and evaluators, the evaluation criteria, the evaluation methods and processes, the schedule, and any other information related to the source selection. The evaluation plan should be completed and approved prior to the receipt of responses to any SIR requesting screening or qualification information.

Evaluation Method

The evaluation methodology should be set up to allow for maximum flexibility in selecting the offeror(s) providing the best value. To facilitate such flexibility, the following should be considered in setting up evaluations:

Relative importance between criteria is not required (when relative importance is used, the relative order of importance between criteria should be disclosed).
Each SIR may incorporate separate and/or distinct criteria that relate to the specific SIR discriminators.
The use of either adjectival or numerical ratings is acceptable.
Comparative evaluations between offerors' proposals/products are acceptable.
The service organization should be selective/inventive concerning the screening requirements for document submissions (e.g., oral presentations, sample tests, plant visits, etc.).
Communications with offerors during the evaluation may help clarify submittals, allow a fuller understanding of the offeror submittals, and provide a more comprehensive evaluation.
Testing of products is encouraged to the maximum extent practical ("try before you buy").
Award based on initial offers to other than the low cost or price offer is allowed.

Evaluation Process

The evaluation will be conducted by the service organization, in accordance with the stated evaluation criteria and evaluation plan. The service organization (including any additional required evaluators and/or advisors) should be limited in size and dedicated through the completion of the acquisition. The service organization is expected to apply sound judgment in determining appropriate variations and adaptations necessary for individual situations, provided that these do not constitute a departure from the basic concepts and intent of the evaluation plan and SIR(s).

Communications may be considered in the evaluation of an offeror's submittal(s). Verifiable information from outside sources may be considered in the evaluation and should be disclosed to the offeror during the communication process. Any such findings should be noted in the evaluation report.

Evaluation Report

The service organization shall document the results of the evaluation, including recommendations, if applicable.

3.2.2.3.1.2.4 Changes in Requirements

If, after release of a SIR, it is determined that there has been a change in the FAA's requirement(s), all offerors competing at that stage should be advised of the change(s) and afforded an opportunity to update their submittals accordingly.

The SSO has authority to waive a requirement at any time after release of a SIR, without notifying other offerors where the SIR states that offeror specific waiver requests will be considered, and the waiver does not affect a significant requirement that changes the essential character or conditions of the procurement.

All determinations relating to changes in requirements, including waivers, will be documented in the evaluation report.

3.2.2.3.1.2.5 SSO Decision

Based on a review of the service organization's evaluation report, the SSO may either:

Make a selection decision (see the selection phase below);
Make a screening decision by screening those offerors determined to be most likely to receive award, thus continuing the screening phase;
Amend and re-open to initial offerors; or
Cancel the procurement.

To ensure the integrity of the FAA competitive source selection process, all SSO decisions should be based on the evaluation criteria established in the SIR and have a rational basis. All offerors who are eliminated from the competition based on any screening decision should be provided with the basis for their elimination within five working days after the screening decision and should be informed that they may request a debriefing after contract award. During the screening process, the SSO may decide to eliminate an offeror from further consideration without considering the cost or pricing information that was submitted in the response to the SIR. However, the final selection decision must consider the cost or price information that was submitted as part of the proposal.

If a screening decision, rather than a selection decision, is made, the service organization should issue another SIR (and repeat the screening process stated above) in order to make a selection decision (or another screening decision) among the remaining offerors. The screening process, starting at the issuance of the SIR, may be repeated until a selection decision is made or the procurement is canceled. In some circumstances it may be appropriate to down-select to one offeror for negotiation. However, if the FAA and the selected offeror cannot come to an agreement, the FAA may select another competing offeror for communications/award without issuance of further SIRs.

3.2.2.3.1.3 Selection

The selection decision shall be based on the stated evaluation criteria including cost or price considerations to identify the best value.

The service organization must brief the SSO on their evaluation findings. The selection of the offeror who is expected to provide the best value solution is a matter committed to the discretion of the SSO. The SSO applies sound business judgment to the evaluation of the offeror's proposed solution against the stated evaluation criteria. In each case, the SSO should provide a rational basis for the screening or selection decision. The SSO should document the selection decision in the SSO decision memorandum (in cases where the CO and the Technical Officer are the only service organization members, the evaluation report and the SSO decision memorandum may be one report). In making the selection decision, the SSO may accept or reject the service organization's recommendations provided there is a rational basis.

Based on the SSO's decision, the CO will transmit a proposed contract to the selected offeror. The selected offeror will return a properly executed contract. Upon the CO's signature, the proposed contract becomes a binding contract.

3.2.2.3.1.4 Debriefing

Once an award has been made, all offerors who participated in the competitive process will be notified of the award and given three working days from receipt of the award notification to request a debriefing. Debriefings are intended to provide meaningful feedback to offerors on their submission. The purpose of the debriefing is to improve the offeror's ability to successfully compete for future FAA business by discussing the strengths and weaknesses of the offeror's submissions. The debriefing should provide the offeror with the following information:

SSO's Selection Decision;
Offeror's evaluated standings relative to the successful offeror(s); and
Summary of the evaluation findings (excerpts from evaluation summary documentation relating to the specific offeror).

The CO should request detailed questions from the unsuccessful offeror so the FAA can provide meaningful information during the debriefing. Debriefings should be conducted, as soon as practicable, with all offerors that request them.

3.2.2.3.1.5 Lessons Learned

A lessons learned memorandum is a valuable tool in which the service organization can relay its procurement experiences to other FAA acquisition personnel. Once an award has been made, the service organization should communicate its learning experiences. The communication should highlight those issues/processes that had significant impact on their procurement. Further, the service organization should discuss changes that could be made to ensure a more comprehensive evaluation and/or more timely award.

3.2.2.3.2 Reserved

3.2.2.3.2.1 Reserved

3.2.2.3.2.2 Reserved

3.2.2.3.2.3 Reserved

3.2.2.3.2.4 Reserved

3.2.2.3.2.5 Reserved

3.2.2.3.2.6 Reserved

3.2.2.4 Single-Source Selection _{Revised 7/2008}

The FAA may contract with a single-source when in FAA's best interest and the rational basis for the decision is documented. This rational basis may be based on actions necessary and important to support FAA's mission, such as emergencies, standardization, and only source available to satisfy a requirement within the time required. For procurements under $10,000, there is no requirement for competition or single-source justification; requirements must not be split to meet this exception. This section 3.2.2.4 is not applicable to noncompetitive awards made to socially and economically disadvantaged businesses (SEDB)/(8(a)) or service-disabled veteran owned small businesses (SDVOSB) under AMS policy 3.6.

The decision to contract with a single-source may be made as part of overall program planning. The rational basis must be documented and approved as a part of program planning in the Exhibit 300 and attachments, a procurement plan, or as a separate document. If an Exhibit 300 is not required and the service organization determines that a procurement plan is unnecessary, an independent single-source justification must be documented and endorsed by the service organization and approved by the CO.

Market analysis should be conducted to support each single-source decision, except for emergencies. The method and extent of the analysis depends on the requirement.

The CO must document the objective criteria supporting the rational basis for the decision in writing. Examples of information that might be documented include results of market analysis, cost or price data, unique qualifications or performance capability, and past performance. Mere conclusions, without adequate objective supporting data, are insufficient.

After the decision to contract with a single source has been approved, a public announcement must be made for any action over $100,000, except in emergencies. The purpose of the announcement is to inform industry about the basis for the decision to contract with the selected source.

A basic contract may be modified to exercise an option, or to satisfy a follow-on procurement for more of the same products or services without seeking additional competition when, based on market analysis, there is a rational basis not to compete the requirement and the rational basis is documented and approved as discussed in this subsection.

3.2.2.4.1 Single-Source Procurement Process

The single-source procurement process includes planning, communications, award, and lessons learned. The actions for an individual phase within the process may vary depending on the particular circumstances.

3.2.2.4.1.1 Emergencies

An emergency situation, including but not limited to a threat to loss of life or property, national security, or restoration of an air traffic control facility, may require immediate contracting with a single source. In these instances, once funds are committed, the CO may verbally authorize a contractor to proceed and may combine single source phases or complete activities after the fact. As a minimum and as soon as practical, the CO should:

Obtain funding certification;
Document the single source decision; and
Confirm authorization with written notification

3.2.2.4.1.2 Non-emergencies _{Revised 10/2008}

For single-source non-emergency procurements, planning may include:

Analyzing the market to determine potential sources;
Developing an independent FAA cost estimate for any anticipated procurement action (to include modifications) whose total estimated value is $100,000 or more, if not exempted by AMS 3.2.1.2.4;
Obtaining funding certification;
Obtaining approval of rationale for single source, except for follow-on or exercise of options; and
Issuing public announcement, if in excess of $100,000.

3.2.2.4.1.3 Lessons Learned

Communicating lessons learned is encouraged.

3.2.2.5 Commercial and Simplified Purchase Method _{Revised 6/2006}

The FAA may acquire commercial products and services from the competitive market place by using the simplified purchase method described herein and best commercial practices. Commercial and simplified purchases are used for commercial items or for products or services that have been sold at established catalog or market prices and are generally purchased on a fixed-price basis. However, procurement of products available for purchase from Federal Prison Industries is governed by AMS 3.8.4.2.

3.2.2.5.1 Planning

Procurement planning should be accomplished for all simplified and commercial purchases. The level of planning and announcement should be dictated by the nature and complexity of the requirement, commercial availability, dollar value, urgency of the requirement, and degree of previous procurement history.

The purpose of procurement planning is to:

Determine whether commercial items meet the FAA's needs;
Identify potential commercial sources; and
Publicly announce requirements in excess of $100,000.

Market analysis should be simple and straightforward, and may include information based on personal knowledge of the market, historical purchase information, qualified vendors list, commercial catalogs, trade journals, newspapers, other professional publications or local telephone directories.

Contracting mechanisms are at the discretion of the CO. Purchases may also be made using the following mechanisms:

Purchase card;
Purchase card checks;
Purchase order;
Contract;
Orally (only in emergency situations) with proper documents processed as soon as possible following the oral order; and
Other methods, including interagency agreements, when deemed appropriate and properly documented.

3.2.2.5.2 Sourcing Determination

The CO should solicit an appropriate number of vendors to ensure quality products and services are delivered in a timely manner at a fair and reasonable price. Requirements should be stated in commercial terms generally understood and accepted in the industry.

3.2.2.5.3 Screening

The CO should determine the appropriate screening approach and format for vendor's responses (e.g., electronic, written, oral, use of standard commercial or FAA forms). The CO may also conduct communications with individual offerors, as appropriate, to address offeror understanding of the requirement, performance capability, prices, and other terms and conditions. For commercially available products, the CO is encouraged to use "commercial competition techniques" such as continuing market research throughout the process by using vendor proposals as the source of prices and commercially available capabilities and sharing that information with other vendors.

3.2.2.5.4 Selection Decision and Award

The CO's selection decision should be based on the FAA's stated evaluation criteria. The selection decision for commercial or simplified purchases should be based on the best value to the FAA including, but not limited to, factors such as price, functional specifications, delivery capability, warranty, and payment terms. This may be accomplished through establishing specific evaluation criteria with an accompanying evaluation plan as described under Complex, Noncommercial Source Selection, and making the selection based on the stated criterion. It may also be based on the most favorable solution available in the commercial market, as determined by the FAA, as described under Commercial and Simplified Purchase Method, or through a combination of methods depending on complexity, risk, dollar value, and urgency of the requirement.

3.2.2.5.4.1 Documentation

The method of selection and rationale for awards, and a determination that the price is fair and reasonable should be documented. The extent of the documentation depends on the complexity and dollar value of the procurement action.

3.2.2.5.5 Reserved _{Revised 4/2006}

3.2.2.6 Unsolicited Proposals

3.2.2.6.1 Policy _{Added 10/2008}

The FAA may consider and accept unsolicited proposals when in the best interest of FAA. Unsolicited proposals are a valuable means for FAA to obtain innovative or unique methods or approaches to accomplishing its mission from sources outside FAA. Advertising material, commercial item offers, contributions, or technical correspondence are not considered to be unsolicited proposals. A valid unsolicited proposal must:

Be innovative and unique;
Be independently originated and developed by the offeror;
Be prepared without FAA supervision;
Include sufficient detail to permit a determination that the proposed work could benefit FAA's research and development, or other mission responsibilities; and
Not be an advance proposal for a known FAA requirement that can be acquired by competitive methods.

3.2.2.6.2 Receipt and Initial Review _{Revised 10/2008}

Unsolicited proposals should be addressed to:

Federal Aviation Administration
Acquisition Policy and Contracting
Acquisition Policy Group (AJA-43)
Attn.: Unsolicited Proposal Coordinator
800 Independence Avenue SW, Room 439W
Washington, DC 20591

Once received, the FAA unsolicited proposal coordinator will review and determine if the document(s) meets the requirements of an unsolicited proposal.

3.2.2.6.3 Prohibitions _{Added 10/2008}

FAA personnel should not use any data, concept, idea, or other part of an unsolicited proposal as the basis, or part of the basis, for a SIR or in communications with any other firm unless the offeror is notified of and agrees to the intended use. However, this prohibition does not preclude using any data, concept, or idea available to FAA from other sources without restrictions.

FAA personnel must not disclose restrictively marked information included in an unsolicited proposal. The disclosure of such information concerning trade secrets, processes, operations, style of work, apparatus, and other matters, except as authorized by law, may result in criminal penalties under 18 U.S.C. 1905.

3.2.2.7 Contractor Qualifications

3.2.2.7.1 Applicability

This section applies to all contracts and to all proposed contracts with any prospective contractor that is located in the United States, its possessions, or Puerto Rico; or elsewhere, unless application would be inconsistent with the laws or customs where the contractor is located.

3.2.2.7.2 Contractor Responsibility

The CO shall ensure that contracts are awarded only to responsible contractors (see Section 3.2.2.2). No award shall be made unless the CO makes an affirmative determination of responsibility.

3.2.2.7.3 Contractor Team Arrangements

FAA will recognize the validity of contractor team arrangements, provided, the arrangements and company relationships are fully disclosed in an offer, or for arrangements entered into after submission of an offer, before the arrangement becomes effective.

3.2.2.7.4 Suspension and Debarment

FAA may suspend or debar contractors for cause. FAA will honor suspension, debarment, and ineligibility decisions of other agencies unless FAA has a compelling need to obtain the requirement from that contractor.

3.2.2.8 Describing FAA Needs

3.2.2.8.1 Applicability

The requirements herein apply to all FAA procurements and agreements except real property and utilities.

3.2.2.8.2 Policy

The FAA will describe its needs clearly and generally in writing, absent special or emergency circumstances. Service organizations may describe needs as minimum requirements, goals, or in another form well suited to the contemplated procurement.

3.2.2.9 Rehabilitation Act

The FAA shall comply with Section 508 of the Rehabilitation Act of 1973 in developing, procuring, maintaining or using electronic and information technology. Section 508 of the Rehabilitation Act of 1973 applies to all new procurements after June 21, 2001.

3.2.3 Cost and Price Methodology

3.2.3.1 Applicability

This section describes policies for evaluating proposals for initial contract prices, subcontract prices, and contract modifications, except for real property and utilities.

3.2.3.2 Policy

Defense Contract Audit Agency audits shall be requested on all cost reimbursement (CR) contracts that exceed $100 million. In addition, an audit will be requested on at least 15% of all CR contracts under $100 million. For other contracts, the FAA policy is to employ any method of cost or price analysis to determine fair and reasonable prices for the procurement of products and services. Price analysis is the preferred method for evaluating competitive proposals.

3.2.3.3 Guidance and Principles

3.2.3.3.1 Requirement Decision

3.2.3.3.1.1 Cost or Pricing Data

Cost or pricing data shall not be required from offerors unless the CO determines price competition is not adequate to support a determination of price reasonableness. When the CO determines adequate price competition exists, cost or pricing data shall not be requested. In situations with established catalog or market prices, prices set by law or regulation, and or commercial items, price analysis is sufficient and cost or pricing data shall not be requested.

3.2.3.3.1.2 Pre- and Post Award Audits

Pre-award audits and periodic incurred cost audits by a contractor's cognizant audit agency are the preferred mechanism to assist the Contracting Officer in ensuring the validity of indirect and direct cost billed under cost reimbursement contracts. The Contracting Officer is responsible for ensuring that the indirect and direct costs paid under a cost reimbursement contract are allowable. In situations where a cost-incurred audit is not obtained, the Contracting Officer will still ensure that only allowable costs are paid. The sponsoring organization will fund required pre- and post award audits and will include an estimate for the cost of the audits in the Exhibit 300 Program Baseline. The Exhibit 300 Attachment 3: Implementation Strategy and Planning will also address the approach, responsible organizations, and activities for obtaining audits.(See appropriate templates for additional guidance)

3.2.3.3.2 Cost Accounting Standards

Cost Accounting Standards (CAS) shall be mandatory for use by all contractors and subcontractors in accordance with 48 CFR Part 99 for estimating, accumulating, and reporting cost in connection with pricing and administration of, and settlement of disputes concerning, all negotiated prime and subcontract procurements in excess of $500,000, other than contracts or subcontracts that have been exempted by the regulations.

The following categories of contracts and subcontracts are exempt from all CAS requirements:

Contracts and subcontracts not in excess of $500,000. For purposes of this paragraph, an order issued by one segment to another segment shall be treated as a subcontract.
Contracts and subcontracts with small businesses.
Contracts and subcontracts with foreign governments or their agents or instrumentalities or any contract or subcontract awarded to a foreign concern.
Contracts and subcontracts in which the price is set by law or regulation.
Firm fixed-priced and fixed-price with economic price adjustment (provided that price adjustment is not based on actual costs incurred) contracts and subcontracts for acquisition of commercial items.
Contracts or subcontracts of less than $7.5 million, provided that, at the time of award, the business unit of the contractor or subcontractor is not currently performing any CAS-covered contracts or subcontracts valued at $7.5 million or greater.
Contracts and subcontracts awarded to a United Kingdom contractor for performance substantially in the United Kingdom, provided that the contractor has filed with the United Kingdom Ministry of Defense, for retention by the Ministry, a completed Disclosure Statement, which shall adequately describe its cost accounting practices. Whenever that contractor is already required to follow UK Government Accounting Conventions, the disclosed practices shall be in accord with the requirements of those conventions.
Subcontracts under the NATO PHM Ship program to be performed entirely outside the United States, its territories, and possessions.
Contracts and subcontracts to be executed and performed entirely outside the United States, its territories, and possessions.
Firm fixed-price contracts or subcontracts awarded on the basis of adequate price competition without submission of cost or pricing data.

3.2.4 Types of Contracts

3.2.4.1 Applicability

This section is applicable to contracts for procurement of all products and services.

3.2.4.2 Policy

Contracts may be of any type or combination of types except for cost plus a percentage of cost contracts, which are prohibited. The use of fixed-price contracts is strongly encouraged whenever appropriate. Development contracts may be incrementally phased fixed-price contracts. All contracts, except those issued in emergency situations, shall be in writing.

3.2.4.3 Guidance and Principles

The types of contracts that may be used for FAA procurements are included in the toolbox. Types of contracts other than those specified in the toolbox may be used when approval has been obtained from an official one level above the CO within the contracting organization.

Contracting officers should clearly identify the type of contract(s) at the front of each contract and in SIRs, when appropriate. Where multiple types of contracts are used in one contract, performance requirements, terms and conditions, and prices (or estimated cost and fee) for each type of contract should be clearly separated and partitioned.

The multi-year contract may be used for the acquisition of products and services in accordance with any applicable restrictions and appropriate appropriations acts.

3.2.5 Contractor Ethical Guidelines

3.2.5.1 Applicability

This policy is applicable to all contracts.

3.2.5.2 Policy

FAA business shall be conducted in a manner above reproach and, except as authorized by statute or regulation, with complete impartiality and with preferential treatment for none.

3.3 Contract Funding, Payment and Cost Principles

3.3.1 Contract Funding and Payment

Contract payment processes expedite the performance of essential contracts. The FAA will structure payment plans and schedules that are conducive to efficient and economical contract performance.

3.3.1.1 Applicability

This section applies to all contracts except real property and utilities. This section includes:

Payments;
Prompt payment;
Non-delivery payments (commercial and noncommercial);
Contract funding; and
Debt collection.

3.3.1.2 Policy

3.3.1.2.1 Payment

Prudent contract payment schemes expedite the performance of essential contracts. The CO should strive to structure the contract to allow frequent partial deliveries. If partial deliveries are not possible or the interval between deliveries is long, non-delivery payments may be necessary for efficient and economical contract performance.

3.3.1.2.2 Prompt Payment _{Revised 1/2008}

The FAA should make payments for all acceptable deliveries within 30 days after receipt of a proper invoice and receiving report. Interest will apply to any payment later than 30 days. However, except under contracts for services, interest will not apply to late payments on interim vouchers under time-and-material, labor-hour, and cost reimbursement contracts.

3.3.1.2.3 Non-delivery Payments (Commercial and Noncommercial)

The CO may use any of the non-delivery payment methods available for use. Other types of non-delivery payments may be made as long as they are mutually agreed upon and the interest of the FAA and the U.S. taxpayer are protected (e.g., security, adequate accounting system, etc.). All non-delivery payment plans not described in this section require approval one level above the CO.

3.3.1.2.4 Contract Funding

The FAA shall comply with the Anti-Deficiency Act and other fiscal laws.

3.3.1.2.5 Debt Collection

Debt collection is the responsibility of the CO in coordination with the payment office. Interest shall be assessed on all uncollected debt in accordance with this section.

3.3.2 Contract Cost Principles

3.3.2.1 Applicability

The FAA cost principles and procedures shall be used in price negotiated supply, service, experimental, developmental, and research contracts and contract modifications with commercial organizations whenever cost analysis is performed.

In addition, the CO shall incorporate the FAA cost principles and procedures in contracts with commercial organizations as the basis for:

Determining reimbursable costs under (i) cost-reimbursement contracts and cost-reimbursement subcontracts under these contracts performed by commercial organizations and (ii) the cost-reimbursement portion of time-and-materials contracts except when material is priced on a basis other than at cost;
Negotiating indirect cost rates, when FAA has division or corporate contract administration responsibilities, quick close-out procedures are used, or indirect rate caps are negotiated in the contract;
Proposing, negotiating, or determining costs under terminated contracts;
Price revision of fixed-price incentive contracts;
Price re-determination of price re-determination contracts; and
Pricing changes and other contract modifications.

When division or corporate contract administration responsibilities rest with another Government agency, the FAA may agree to cost principles of the administering agency for the determination or negotiation of indirect rates not covered by (i) or (ii) above.

3.3.2.2 Policy

FAA cost principles and procedures shall be used for the pricing of contracts, subcontracts, and modifications to contracts and subcontracts whenever cost analysis is performed and the determination, negotiation, or allowance of costs when required by a contract clause.

3.4 Bonds, Insurance, and Taxes

3.4.1 Bonds and Insurance

3.4.1.1 Applicability _{Revised 7/2008}

This section applies to construction contracts subject to the Miller Act, and to any other contracts that the CO determines would benefit from use of bonds, guarantees, and insurance to protect FAA's interest.

3.4.1.2 Policy _{Revised 7/2008}

The FAA will comply with the intent of the Miller Act (40 U.S.C. 270a-270f) by requiring payment and performance bonds for construction contracts over $100,000. The FAA may also require proposal guarantees, payment bonds, performance bonds, and insurance for any contract when necessary to protect FAA's interests.

3.4.2 Taxes

3.4.2.1 Applicability

This section prescribes guidance for (a) using tax clauses in contracts (including foreign contracts), (b) asserting immunity or exemption from taxes, and (c) obtaining tax refunds. It explains Federal, State, and local taxes on certain products and services acquired by executive agencies and the applicability of such taxes to the Federal Government. It is for the general information of Government personnel and does not present the full scope of the tax laws and regulations.

3.4.2.2 Policy

The FAA policy is to provide appropriate contract clauses for (a) Federal Excise Taxes levied on the sale or use of particular products or services, (b) exemption of Federal Excise Taxes, and (c) exemption of Federal purchases and property from state and local taxes. The service organization shall use the appropriate clauses for the tax situation at hand.

3.5 Patents, Rights in Data and Copyrights

3.5.1 Applicability

The policies prescribed in this section are applicable to all contracts involving intellectual property issues.

3.5.2 Policy

Patents, copyrights, and other rights in data are valuable intellectual property. The FAA acquires patents, copyrights, and other rights in data as necessary to:

Enhance the competitive process;
Ensure the ability to use, maintain, repair, and modify products procured under FAA contracts;
Recoup development costs of, and fund improvements in, products and equipment;
Develop products for FAA and public use; and
Protect its position in the competitive marketplace.

3.6 Socio-Economic and Other Policies and Programs

3.6.1 Small Business Development Program _{Revised 7/2005}

3.6.1.1 Applicability _{Revised 6/2006}

The policies contained herein are applicable to FAA procurements for products and services and those procurements using credit cards, and purchase card checks, but excluding utilities, real property, and agreements. (Refer to the FAST procurement guidance, Section 3.6.1 for Small Business Development Guidance.) This policy does not apply to the procurement of products under AMS 3.8.4, Required Sources of Products/Services and Use of Government Sources, including the procurement of products that are available for purchase from Federal Prison Industries (FPI). Acquisitions of products available from FPI must be conducted in accordance AMS 3.8.4.2.

3.6.1.2 Policy _{Revised 7/2005}

The FAA shall implement and aggressively strive to provide small businesses and small businesses owned and controlled by socially and economically disadvantaged individuals attainable and reasonable opportunities to participate as prime contractors and subcontractors for the products and services procured by the FAA. The FAA's Small Business Development staff currently has and will continue to have responsibility for:

FAA's policy and program on the utilization of small business and small businesses owned and controlled by socially and economically disadvantaged individuals;
Establishing mechanisms for monitoring and evaluating the effectiveness of the small business program; and
Ensuring FAA-wide implementation and accomplishment of the small business program objectives.

Key features of the small business program will include:

Competitive/noncompetitive set-asides;
Establishment of eligibility criteria and measurable prime contracting and subcontracting goals;
Vigorous outreach efforts;
Mentor-Protégé Program; and
Small business forums.

3.6.1.3 Principles for the Small Business Development Program _{Revised 7/2005}

3.6.1.3.1 Program Goals _{Revised 7/2005}

Prior to the end of each fiscal year, measurable annual FAA wide major procurement program goals (including subcontracting goals) will be established to provide attainable and reasonable opportunities for small businesses and small businesses owned and controlled by socially and economically disadvantaged individuals to participate in contracts awarded by the FAA for the next fiscal year.

To ensure attainment of the program goals, senior management shall be held responsible and goal achievement shall be monitored at all levels in the agency. Additionally, the Small Business Development Staff will conduct vigorous outreach efforts that may include participating in Small Business Conferences, Small Business forums, etc.

3.6.1.3.2 Prime Contracting with Small Businesses

When appropriate, individual procurements may be set aside for competitive award among small businesses.

3.6.1.3.3 Set-Asides to Very Small Businesses

When appropriate, individual procurements may be set aside for competitive award among very small businesses. Special attention will be given to service contracts for very small businesses.

3.6.1.3.4 Set-Asides to Small Businesses Owned and Controlled by Socially and Economically Disadvantaged Individuals (8(a) Certified) _{Revised 6/2006}

Except for those acquisitions set aside for very small business concerns, or those acquisitions being purchased using the agency purchase card, or those acquisitions subject to AMS 3.8.4.2, each acquisition of supplies or services having an anticipated dollar value exceeding $10,000, but not over $100,000, is automatically reserved exclusively for SEDB (8(a)) vendors, unless the contracting officer, with review of the cognizant Small and Small Disadvantaged Utilization Specialist, determines there is not a reasonable expectation of obtaining offers from responsible SEDB (8(a)) concerns that are competitive in terms of market prices, quality and delivery. These procurements may be either competitive or noncompetitive.

In addition, other individual procurements outside the above specified range may be set-aside for competitive award among Socially and Economically Disadvantaged Businesses (SEDBs) that are 8(a) certified when appropriate.

3.6.1.3.5 Noncompetitive Awards to SEDB (8(a)) Vendors _{Revised 1/2007}

Individual procurements may be noncompetitively awarded to SEDB (8(a)) vendors when the anticipated total value of the procurement (including all options) is $5.5 million or below for procurements assigned manufacturing North American Industry Classification System codes and $3.5 million or below for all other procurements. Where a procurement exceeds the noncompetitive threshold, the procurement may be awarded on a noncompetitive basis to SEDB (8(a)) vendors if (1) there is not a reasonable expectation that at least two or more SEDB (8(a)) sources will submit offers that are in the Government's best interest in terms of quality, price and/or delivery; or (2) the award will be made to a concern owned by an Indian tribe or an Alaska Native Corporation.

3.6.1.3.6 Set-Asides to Service-Disabled Veteran Owned Small Businesses _{Revised 10/2008}

When appropriate, individual procurements may be awarded noncompetitively or set-aside competitively for award among service-disabled veteran owned small businesses.

3.6.1.3.7 Subcontracting with Small Businesses and Small Businesses Owned and Controlled by Socially and Economically Disadvantaged Individuals

When appropriate, subcontracting opportunities will be encouraged.

3.6.2 Labor Laws

3.6.2.1 Applicability

The Davis-Bacon Act (40 U.S.C. 276a-276a-7), Convict Labor (18 U.S.C. 4082 (c)(2)), Copeland Act (18 U.S.C. 874 and 40 U.S.C. 276c), Walsh-Healey Public Contracts Act (41 U.S.C. 35-45), Equal Employment Opportunity (Executive Order 11141 (29 FR 2477)), Service Contract Act (41 U.S.C. 351), and other labor laws and regulations will apply to acquisitions for products, services, and construction.

3.6.2.2 Policy

The FAA will comply with labor laws when acquiring products, services, and construction.

3.6.3 Environment, Conservation, Occupational Safety, and Drug-Free Workplace

3.6.3.1 Applicability

This section applies to all FAA contracts performed in the United States.

3.6.3.2 Policy

It is the policy of the FAA to contract with entities that are in compliance with applicable environmental, energy, safety, and drug-free workplace laws, orders, and regulations.

3.6.3.3 Pollution

To implement agency policy the FAA will not contract with entities listed by the U.S. Environmental Protection Agency (EPA) in 40 CFR Part 15 as violating facilities under the Clean Air Act (42 U.S.C. 7401 et seq.) or the Clean Water Act (33 U.S.C. 1251 et seq.). If contracting with violating activities is required to meet agency requirements the reasons should be documented in the contract file and communications initiated with appropriate enforcement agencies.

3.6.3.4 Conservation

3.6.3.4.1 Energy Conservation

The FAA will apply energy conservation and efficiency factors in acquisitions when their use would be meaningful, practical, and consistent with meeting agency requirements. These factors, if used, will be identified in the planning and SIR documents.

Energy Policy and Conservation Act (42 U.S.C. 6361 (a)(1)) and Executive Orders 11912, 12038 and 12148.

3.6.3.4.2 Recovered/Recycled Materials

The FAA Affirmative Procurement Program (APP) implements the national goals to minimize solid waste, prevent pollution, save energy and other resources, reduce greenhouse gas emissions, and encourage public support and participation. This APP shall apply to: a) all FAA acquisitions, including simplified purchases, in which an Environmental Protection Agency designated item is acquired; b) contractors' operating FAA facilities; and c) if applicable, state and local recipients of assistance funding. Nothing in this APP shall be used to negate any state or local affirmative procurement requirement that is more stringent than a similar requirement already being implemented under the APP.

3.6.3.5 Drug-Free Workplace

The FAA will not award a contract to any entity unless it has certified that it is a drug-free workplace or the entity will be deemed unqualified and ineligible for award. After contract award, if there is adequate evidence to suspect that the contractor submitted a false certification or failed to comply with the certification, the FAA may suspend payments, terminate the contract for default, debar or suspend the contractor, or take other appropriate action to obtain quality performance by a lawfully operating contractor.

3.6.3.6 Hazardous and Radioactive Materials

3.6.3.6.1 Hazardous Material Identification and Material Safety Data

The FAA intends to comply with Occupational Safety and Health Administration (OSHA) regulations on hazardous materials, conditions and precautions. In order to comply with these regulations the FAA must obtain information from contractors when hazardous materials are provided to the FAA. Contractors will be required to identify any hazardous materials, as defined in Federal Standard 313, delivered under a contract and provide Material Safety Data Sheets for hazardous materials.

3.6.3.6.2 Notice of Radioactive Material

The contractor will be required to notify the FAA prior to delivery of radioactive material that requires specific licensing under the Atomic Energy Act of 1954 or material with a specific activity of greater than .002 micro curies per gram or a specific activity per Rem of greater than .01 micro curies.

3.6.4 Foreign Acquisition _{Revised 10/2006}

The FAA will comply with the tenets of the Buy-American Act (41 U.S.C. 10a) as part of the agency's best value determination during the contractor selection process.

3.6.5 Indian Incentive Program

The FAA is subject to the requirements of paragraph 1544 of 25 U.S.C. that establishes an incentive payment for contractors of Federal agencies that subcontract with or use suppliers who are Indian organizations or Indian-owned economic enterprises in performing the contract. This incentive payment may be equal to 5% of the amount paid, or to be paid, to a qualifying subcontractor or supplier that is an Indian organization or Indian-Owned economic enterprise.

3.6.6 Fastener Quality Act

The FAA shall comply with Pub. L. 101-592, as amended by Pub. L. 104-113 in equipment and construction applications which require the use of high-strength fasteners.

3.7 Protection of Privacy and Freedom of Information

3.7.1 Applicability

Protection of privacy and freedom of information are applicable to all FAA procurements, agreements, real property, utilities, credit cards, commercial and simplified purchase method.

3.7.2 Policy

When the FAA contracts for the design, development, or operation of a system of records on individuals, the FAA shall apply the requirements of the Privacy Act to the contractor and its employees working on the contract.

The FAA shall comply with the Freedom of Information Act which requires that the FAA provide information to the public by (i) publication in the Federal Register; (ii) providing an opportunity to read and copy records; or (iii) upon a reasonable request. Certain information may be exempted from disclosure; such as, classified information, trade secrets, and confidential commercial or financial information, interagency or intra-agency memoranda, or to personal and medical information pertaining to an individual.

3.8 Special Categories of Contracting

3.8.1 Agreements

3.8.1.1 Applicability

3.8.1.2 Policy

It is the policy of the FAA to use various agreements, other than procurement contracts, to obtain or provide services and supplies when necessary to accomplish the mission of the FAA. These agreements may be made with another Federal agency or instrumentality of the Federal government, a modal administration within the Department of Transportation, a state, local government, municipality, or other public entity, and private entities. (See 49 U.S.C. 106(l)). The following is a list of the more commonly used agreements (other than procurement contracts):

Interagency agreements;
Intra-agency agreements;
Agreements with other public entities; and
Agreements to provide services to a private entity on an individualized basis.

3.8.1.3 Principles for Agreements

Agreements with other Federal Agencies (as defined in section 551(1) of title 5) are appropriate where FAA provides services or supplies or facilities to another Federal agency, or where FAA is the requesting agency to receive services, or supplies, or facilities from another Federal agency or that agency's contractor. Where the FAA and the Department of Defense are engaged in joint actions to improve or replenish the national air traffic system, the AMS policies governing FAA acquisitions are applicable. In those instances where the FAA acquires goods or services through the Department of Defense or other agencies, the FAA is bound by the acquisition laws governing those agencies.

3.8.2 Service Contracting

3.8.2.1 Applicability

This section applies to advisory and assistance contracts and other services, including personal services such as employees support service as provided for in FAA's Personnel Management System. This section does not apply to FAA employees, temporary, part-time or permanent appointed or hired in accordance with the other applicable portions of the FAA Personnel Management System.

3.8.2.2 Policy

The FAA shall generally rely on the private sector for commercial services (see OMB Circular No. A-76, Policies for Acquiring Commercial or Industrial Products and Services Need by the Government). In no event may a contract be awarded for the performance of an inherently governmental function. Advisory and assistance contracts shall comply with all applicable laws concerning post-employment and other conflict of interest and ethics laws and policies.

3.8.2.3 Personal Services Contracts

3.8.2.3.1 Reserved

3.8.2.3.2 Determination

The FAA may award personal services contracts when the head of a line of business determines that a personal service contract is in the best interest of the agency after thorough evaluation, which includes, but is not limited to the following factors:

Worker's compensation payments and other tax implications;
Government's potential liability for services performed;
Availability of temporary hires to perform the desired services;
Demonstration of tangible benefits to the agency;
Detailed cost comparison demonstrating a financial advantage to the Government from such contract;
Potential post employment restrictions applicable to former employees;
Legal determination that the work to be performed is not inherently governmental; and
Potential post employment restrictions pursuant to Federal Workforce Restructuring Act of 1994 Public Law 103-226.

Although personal service contracts are permitted, they should be used only when there is a clear demonstrated financial and program benefit to the FAA. The determination required herein is non-delegable and shall be reviewed for legal sufficiency by the Office of the Chief Counsel.

3.8.2.4 Performance Based Service Contracts

Service contracts should incorporate performance based contracting methods to encourage contractor innovation and efficiency, and to help ensure contractors provide timely, cost-effective, and quality performance with measurable outcomes as opposed to either the manner by which the work is to be performed or broad and imprecise statements of work.

3.8.3 Federal Supply Schedule Contracts

3.8.3.1 Applicability

This section is applicable when FAA awards Federal Supply Schedule delivery orders for recurring products and services. Additionally, this section addresses requirements to utilize Federal Supply Schedules awarded by GSA, when the FAA is identified in the schedule as a mandatory/non-mandatory user of any supply/service on the schedule.

3.8.3.2 Policy

The FAA may consider awarding Federal Supply Schedule contracts, or placing orders against Federal Supply Schedules awarded by GSA, for recurring products and services when it is determined to be in the best interest of the FAA.

3.8.4 Required Sources of Products/Services and Use of Government Sources

3.8.4.1 Applicability _{Revised 2/2005}

This section applies to procurement of all products and services, except for real property, utilities, and construction.

3.8.4.2 Government Sources for Products and Services _{Revised 7/2008}

The CO may use available Government sources when they offer the best value to satisfy FAA's mission need. However, pursuant to FAA policy, the CO must acquire products and services offered through the Randolph-Sheppard Vending Facilities Program (20 U.S.C. 107) and AbilityOne (formerly the Javits-Wagner-O'Day Program) (41 U.S.C. 46).

FAA policy also requires that FAA purchase products offered by Federal Prison Industries (FPI) when the FPI's product represents the best value to FAA, unless an exception below applies. In making a best value determination for FPI products, the CO must utilize the procedures in AMS Procurement Guidance T3.8.4.A.4. The CO must post an announcement for any procurement for products available from FPI in accordance with AMS Policy 3.2.1.3.12. This policy concerning FPI does not apply if:

(a) The monetary value of the procurement would not require a competitive procurement process under AMS Policy 3.2.2.4;

(b) A market analysis would not be required under AMS Policy 3.2.2.4 to support a single-source procurement of the product;

(c) Suitable used or excess products are available from the government;

(d) The products are acquired and used outside the United States;

(e) Services are being acquired; or

(f) FAA has obtained a waiver from FPI with respect to the particular product or class of products at issue in the procurement.

The CO may allow contractors with cost-reimbursement contracts to use Government sources when in FAA's best interest and the products or services are available. Contractors with fixed-price contracts to protect classified information may acquire security equipment through GSA sources after CO approval.

3.8.5 Leases _{Added 1/2006}

3.8.5.1 Applicability _{Added 1/2006}

This section applies to products, services and real property to the extent authorized by law. For Real Property specific policy and Guidance see Section 4.2 Real Property.

3.8.5.2 Policy _{Added 1/2006}

It is the policy of the FAA to enter into leases for various products, services or real property when it is determined by the Contracting Officer, based on financial and other considerations, to be in the best interest of the Government compared to the outright purchase of such assets, real property, or services.

It is also FAA policy to avoid establishment of capital leases or lease purchases unless the requesting organization demonstrates they have complied with the requirements of OMB Circular A-11, Part 8, Appendix B “Scoring of Lease Purchases and Leases of Capital Assets”.

3.8.6 Strategic Sourcing _{Revised 7/2007}

The FAA is leveraging its spending through strategic sourcing and will award contracts for products and services to help the agency optimize performance and minimize price to increase the value of each dollar spent. Therefore, when a needed product or service is available through a strategic sourcing contract, purchasing employees must use a strategic sourcing contract.

All strategic sourcing contracts are established following the AMS Policy and Guidance. To increase achievement of socio-economic acquisition goals, all strategic sourcing procurements must be balanced with socio-economic goals for small businesses, small disadvantaged businesses, women-owned small businesses, veteran-owned businesses, and service-disabled veteran-owned businesses in accordance with AMS Policy 3.6.1 Small Business Development Program.

When performance of any strategic sourcing contract requires access to FAA facilities and/or requires handling of sensitive material, the contract must include all of the appropriate clauses and/or restrictions and comply with FAA Order 1600.72A, Contractor and Industrial Security Program and FAA Order 1600.75, Protecting Sensitive Unclassified Information (SUI).

When an organization is going to strategically source a product or service, it must use mandatory government sources as described in AMS Policy 3.8.4 and Procurement Guidance T3.8.4A.

3.8.7 Construction Contracting _{Added 7/2007}

3.8.7.1 Applicability _{Added 7/2007}

This section applies to construction contracts, contracts for dismantling, demolition, or removal of improvements, and to the construction portion of contracts for products or services.

3.8.7.2 Policy _{Added 7/2007}

If portions of multipurpose contracts are so commingled that priced deliverables for construction, service, or supply cannot be segregated and the predominant purpose of the contract is construction, the contract will be classified as construction.

3.9 Resolution of Protests and Contract Disputes

3.9.1 Applicability

Protest and contract disputes guidance and principles outlined herein apply to all FAA Screening Information Requests (SIRs), contract awards, and contracts.

3.9.2 Policy

The FAA is committed to the early and expeditious resolution of controversy using mediation, fact-finding and other techniques collectively known as "alternative dispute resolution". The FAA has pledged to utilize ADR techniques to the maximum extent practicable when such voluntary techniques will produce a fair and expeditious disposition of a controversy.

Protests concerning FAA SIRs or awards of contracts, and contract disputes arising under or related to FAA contracts, shall be resolved at the agency level through the FAA Dispute Resolution System. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after an offeror or contractor has exhausted its administrative remedies for a protest or a contract dispute under the FAA Dispute Resolution System

3.9.3 Reserved

3.9.4 FAA Dispute Resolution System

The FAA Office of Dispute Resolution for Acquisition (ODRA) is established as an organization that is independent of agency organizations responsible for procurement actions. Pursuant to a delegation of authority by the Administrator, the Director of the ODRA manages the FAA dispute resolution process, promotes ADR, conducts dispute resolution proceedings and recommends action to the Administrator on matters concerning protests or contract disputes. The ODRA is authorized, among other things, to

Adjudicate protests and contract disputes on behalf of the FAA Administrator;
Promulgate rules of procedure;
Issue orders and decisions;
Exercise broad discretion to resolve protests and contract disputes;
Use ADR to settle protests and contract disputes; and
Provide fair and impartial "Findings and Recommendations", supported by the case record and law.
Recommend changes to the FAA acquisition system based on matters brought before the office.

The Director of the ODRA may redelegate to Special Masters and Dispute Resolution Officers (DROs) such delegated authority as is necessary for efficient resolution of an assigned protest or contract dispute, including the imposition of sanctions or other disciplinary actions.

The applicable ODRA rules of procedure are set forth in 14 CFR Parts 14 and 17, Procedures for Protests and Contract Disputes; Amendment of Equal Access to Justice Act Regulations, effective June 28, 1999. These ODRA Rules are incorporated by reference into this section. Further information and guidance concerning the ODRA dispute resolution process for contract disputes and protests can be found on the ODRA Website at http://odra.faa.gov.

3.9.5 Initial Dispute Resolution at the Contracting Officer Level

Offerors and contractors initially should seek resolution of any concerns or controversies at the Contracting Officer level. Contracting Officers should make reasonable efforts to promptly and completely resolve such concerns or controversies, where possible, and will coordinate their dispute resolution efforts with the FAA Procurement Legal Division or their regional or center Assistant Chief Counsel's office.

3.9.6 Dispute Resolution at the ODRA

ADR is the primary means of dispute resolution that is employed by the ODRA. Upon request, the Office of Dispute Resolution for Acquisition will make available FAA DROs or appropriately qualified persons from outside the FAA to serve as neutrals in ADR proceedings involving protests and contract disputes. The parties may also employ a neutral of their own choosing. With the agreement of the interested parties, the ODRA may provide ADR services in advance of the filing of a contract dispute or bid protest with the ODRA.

The parties may use any ADR technique proposed by the parties that is deemed by the DRO or neutral to be fair, reasonable, and in the best interest of the parties, including, but not limited to, informal communication, mediation, fact-finding, and binding or nonbinding arbitration. Binding arbitration may be employed only if the protester or contractor and the FAA agree to use this method to resolve the merits of the protest or contract dispute. If binding arbitration is agreed to, the decision of the DRO or neutral arbiter will become a final agency decision, unless the FAA Administrator indicates non-concurrence with the decision, in writing, within seven business days after the date that the decision is issued. If the FAA Administrator non-concurs with the decision and issues a contrary determination, then that determination becomes the final agency decision concerning the merits of the protest or contract dispute. If the parties have not agreed to binding arbitration and are unable otherwise to reach an agreement on the merits of the protest or contract dispute through ADR, then the ODRA will employ its Default Adjudicative Process to resolve the protest or contract dispute.

3.9.7 Obligation to Continue Performance

The FAA requires continued performance with respect to contract disputes arising under or related to a contract, in accordance with the provisions of the contract, pending resolution of the contract dispute.

3.9.8 Matters Not Subject to Protest

The following matters may not be protested before the Office of Dispute Resolution for Acquisition:

(a) FAA purchases from or through, state, local, and tribal governments and public authorities;

(b) FAA purchases from or through other federal agencies;

(d) Cooperative agreements;

(e) Other transactions that do not fall into the category of procurement contracts subject to the AMS.

3.9.9 Confidentiality of the ADR Process

Settlement discussions and documentation provided to facilitate settlement of the issues will be protected and confidential, to the extent provided by law, ADR agreements and ODRA Protective Orders.

3.10 Contract Administration

3.10.1 Contract Administration

3.10.1.1 Applicability

The types of activities included in the contract administration phase are:

Issuing contract modifications;
Monitoring contract deliverables;
Assuring that subcontracting policies and requirements are followed; and
Reviewing the contractor's invoices for payment.
Closing completed contracts.

3.10.1.2 Policy

The terms and conditions of the contract shall be the guidance in performing these tasks.

3.10.2 Subcontracting Policies

3.10.2.1 Applicability

This applies to contracts with the exception of real property and utilities, where a prime contractor may need to subcontract a portion of the work.

3.10.2.2 Policy

The CO shall consider requiring "Consent to Subcontracts" when the subcontract work is complex, the dollar value is substantial, or the Government's interest is not adequately protected by competition and the type of prime contract or subcontract.

The CO shall consider conducting a Contractor Purchasing System Review for each contractor whose sales to the Government, using other than simplified purchases procedures, are expected to exceed $10 million during the next 12 months.

To the maximum extent practicable, the contractor shall incorporate, and require its subcontractors at all tiers to incorporate commercial items or non-developmental items as components of items to be supplied under contract.

3.10.3 Government Property

3.10.3.1 Applicability

Government property administration guidance and procedures applies to all contracts awarded by the FAA with requirements for providing Government property to contractors, contractors' use and management of Government property, reporting, redistributing, and disposing of contractor inventory. It does not apply to providing property under any statutory leasing authority.

3.10.3.2 Policy

Contractors are ordinarily required to furnish all property necessary to perform Government contracts. However, when contractors possess Government property, the FAA shall:

Delegate property administration authority to the property administrator;
Eliminate, to the maximum practical extent, any competitive advantage that might arise from using such property;
Require contractors to use Government property, to the maximum practical extent, in performing Government contracts;
Permit the property to be used only when authorized;
Charge appropriate rentals when the property is authorized for use on other than a rent-free basis;
Require the contractor to establish and maintain a property control system in accordance with contract terms and conditions;
Require contractors to review and provide justification for retaining Government property not currently in use;
Ensure maximum practical reutilization of contractor inventory with the Government;
Require contractors to be responsible and accountable for Government property in their possession and control; and
Require the contractor to keep official Government property records.

Contractor records are the Government's official Government property records unless the Contracting Officer has authorized an exception.

3.10.4 Quality Assurance

3.10.4.1 Applicability

Quality Assurance policy and guidelines are applicable to all acquisitions for systems, equipment, material, and services.

3.10.4.2 Policy

For all acquisitions, the FAA shall:

Ensure that appropriate quality assurance requirements are included:
Require contractors to act on contractual quality assurance commitments:
Ensure that Government quality and reliability needs are met:
Accept only products that meet agreed to requirements.

Additionally, for NAS system acquisitions:

Coordinate with the Quality Assurance Office to ensure that appropriate quality assurance requirements are incorporated:
Delegate in-plant quality assurance and acceptance authority to the Quality Reliability Officer (QRO) or other Government agent.

3.10.5 Product Improvement/Technology Enhancement

3.10.5.1 Applicability

Product Improvement/Technology Enhancement guidance and procedures apply to all FAA procurements, agreements, real property, utilities, and commercial and simplified purchase method.

3.10.5.2 Policy

The FAA encourages contractors to submit Product Improvement/Technology Enhancement proposals for review at any time during the performance of a contract. The ability to continuously exchange, upgrade, modify, or add new features to equipment and software in response to increased air traffic activity and/or new advancements in technology and methodology is essential. Contractor proposals which are particularly innovative and address savings for the FAA may be given appropriate consideration in the negotiation.

3.10.6 Termination of Contracts

3.10.6.1 Applicability

This section applies to all FAA contracts, with the exception of real property and utilities.

3.10.6.2 Policy

The termination clauses or other contract clauses authorize contracting officers to terminate contracts for convenience, or for default, and to enter into settlement agreements.

The CO shall terminate contracts, whether for default or convenience, when it is in the FAA's interest. The CO may effect a no-cost settlement instead of issuing a termination when (1) it is known that the contractor will accept one, (2) Government property was not furnished, and (3) there are no outstanding payments, debts due the Government, or other contractor obligations.

When the price of the undelivered balance is less than the cost of effecting a termination, the contract should not normally be terminated for convenience but should be permitted to run to completion.

3.10.7 Extraordinary Contractual Actions

3.10.7.1 Applicability

This section is applicable when the FAA intends to enter into, amend, or modify contracts in order to facilitate the national defense under the extraordinary emergency authority granted by Public Law 85-804 (referred to in this section as the "Act") as amended, and Executive Order 10789 (referred to in this section as the "Executive Order").

3.10.7.2 Policy

The FAA may authorize extraordinary contract relief pursuant to Public Law 85-804. Authority to provide such relief is retained by the DOT Secretary for indemnification requests, and by the FAA Administrator or designee for all other requests.

3.10.8 Single Process Initiative/Block Change Process

3.10.8.1 Applicability

The Single Process Initiative (SPI)/Block Change Process is applicable to FAA contracts for which a single process concept paper has been submitted by a contractor and approved in accordance with the established procedures. The objective of the SPI/Block Change process initiated by the Department of Defense (DOD) and National Aeronautics and Space Administration (NASA) is to enable contractors to propose single processes that will meet the needs of multiple Government customers. This will reduce duplicative contractor systems and processes imposed by individual Government agency customer requirements. The initiative is expected to reduce contractor costs, improve efficiency, reduce product costs, and improve product quality. By participating in the SPI, the FAA's goal is to eliminate unique processes or systems required by the material and acquisition organizations of the agency. Provisions of 14 CFR Code of Federal Regulations and other FAA regulatory responsibilities regarding the design, production, airworthiness certification and continued airworthiness of aircraft, products, and parts thereof are not in any way part of or affected by the SPI.

The Defense Contract Management Command (DCMC) is the DOD focal point for this initiative at contractor facilities and works with contractor and Government representatives to identify single processes with potential benefits.

3.10.8.2 Policy

The FAA intends to cooperate with the DCMC for the development and acceptance of beneficial single processes in facilities that produce products under contract for the FAA, DOD, and NASA. For each contract the cognizant FAA service organization will participate in the management council as appropriate and review proposed single process changes. Any changes beneficial to the FAA will be implemented by service organizations in the appropriate contracts. Participation in the single process initiative does not imply any transfer of responsibility or authority for FAA contracts. The FAA will maintain independent plant cognizance and presence.

3.10.9 First Article Approval and Testing

First article testing and approval involves evaluating a contractor's initial, preproduction, or sample model or lot. FAA may utilize first article testing and approval to ensure that a contractor can furnish a product that conforms to all contract requirements for acceptance.

3.10.10 Closeout of Completed Contracts

The CO shall close physically complete contracts and agreements in accordance with FAST Procurement Guidance. Closeout activities shall include completion and signing of the Contract Closeout Checklist and a Contract Completion Statement.

3.11 Transportation

3.11.1 Applicability

Transportation guidance and procedures are applicable to all contracts in applying contract transportation and traffic management considerations in the acquisition of products, acquisition of transportation and transportation-related services, and transportation assistance with traffic management. The making and administration of contracts under which payments are made from Government funds for (1) the transportation of products, (2) transportation-related services, (3) transportation of contractor personnel and their personal belongings, and (4) acquiring transportation or transportation-related services by contract methods other than bills of lading, transportation requests, transportation warrants, and similar transportation forms.

3.11.2 Policy

The CO shall ensure that instructions to contractors result in the most efficient and economical use of carrier services and equipment through transportation and traffic management administration. The contract office shall obtain traffic management advice and assistance in the consideration of transportation factors required for:

SIRs and awards;
Contract administration, modification, and termination;
Transportation of property by the Government to and from the contractor; and
Plants.

3.12 Reserved

3.13 Other Administrative Matters

3.13.1 Applicability

This section is applicable to all screening information requests and contracts.

3.13.1.1 Plain Language _{Added 7/2006}

When the statement of work for a contract requires the contractor to deliver any document that will be published, either electronically or in hard copy, for dissemination outside the FAA, or for broad dissemination within the FAA, the document must comply with FAA Order 1000.36, "FAA Writing Standards."

3.13.2 Policy

3.13.2.1 FAA Contract Clauses and Provisions

FAA clauses and provisions should be used when applicable in screening information requests and contracts and should be consistent with the procurement guidance and prescriptions in the FAST Procurement Toolbox.

3.13.2.2 Reserved

3.13.2.2.1 Reserved

3.13.2.2.2 Reserved

3.13.3 Printing and Double Sided Copying

The CO should ensure contractors are made aware of Executive Order 13423, dated January 24, 2007, related to submitting paper documents to the Government that are printed or copied double-sided on recycled paper.

3.13.4 Contract Data Reporting

The FAA will comply with the uniform reporting requirements of the Federal Procurement Data System.

3.13.5 Congressional Notification of Contract Awards

Through the Department of Transportation's Assistant Secretary for Governmental Affairs, the FAA will notify Congress of contract awards and contract modifications.

3.13.6 Seat Belt Use by Contractor Employees

The FAA will comply with the requirements of Executive Order 13043 entitled "Increasing Seat Belt Use in the U.S.".

3.14 Security

3.14.1 Applicability

This section is applicable to all screening information requests and contracts.

3.14.2 Policy

3.14.2.1 Contractor Personnel Security Program _{Revised 7/2007}

The acquisition community shall ensure an adequate level of security for contractor employees as stated in FAA Order 1600.72A, allowing for compliance with OMB Circular A-130, "Management of Federal Information Resources", Executive Order 12829 "National Industrial Security Program", and DOD Directives 5200.2 and 5220.22M.

3.14.2.1.1 Employment Suitability _{Revised 10/2007}

Contractor employees (including contractors, subcontractors, or consultants) shall be subject to the same investigative and personal identification verification requirements as Federal employees if in similar positions requiring recurring access to FAA facilities or access to FAA information systems or sensitive information.

3.14.3 Classified Information _{Revised 7/2007}

The CO will ensure that all proposed and awarded procurement actions contain appropriate provisions and clauses if access to classified information is required, in accordance with The National Industrial Security Program Operating Manual, DOD 5220.22-M and FAA Order 1600.72A, Contractor and Industrial Security Program.

3.14.4 Sensitive Unclassified Information

The CO, in coordination with the service organization, will ensure that all contractual actions contain provisions and clauses to protect the unauthorized dissemination of FAA sensitive information. Such information may entail Sensitive Unclassified Information (SUI), For Official Use Only (FOUO), Sensitive Security Information (SSI), or any other designator assigned by the US Government to identify unclassified information that may be withheld from public release. The Freedom of Information Act (FOIA) provides in exemptions 2 through 9, the guidelines for withholding sensitive unclassified information from the public and how such information must be protected from unauthorized disclosure. Section 552a of Title 5, United States Code (the Privacy Act) identifies information, which if subject to unauthorized access, modification, loss, or misuse could adversely affect the national interest, the conduct of Federal programs or the privacy to which individuals are entitled.

3.14.5 Facility Security Program

The Facility Security Risk Management process, as developed through the FAA's Facility Security Management Program, FAA Order 1600.69, shall be an integral part of program concept, planning, engineering design, and the implementation of required protective measures maintained throughout the lifecycle for physical security enhancements.

3.14.6 Information and System Security

The FAA is required by law, Federal Information Security Management Act, 2002 (FISMA), OMB Circular A-130, and other federal standards and regulations to provide security for all agency information that is collected, stored, processed, disseminated, or transmitted using agency or non-agency owned information systems. For additional FAA ISS Program policy, see FAA Order 1370.82 (intranet.faa.gov/aio).

4 Policy for Critical Lifecycle Management Functions and Disciplines

Sound acquisition management requires that service organizations integrate and manage many critical functions and disciplines working to the common purpose of fielding high-quality, trouble-free products and services. These disciplines vary, depending on the type of investment program, but typically include configuration management, real property, integrated logistics support, test and evaluation, independent operational test and evaluation, deployment planning, human factors, environmental, occupational safety and health, and energy considerations, information technology, systems engineering, security, system safety management, risk management, and data standardization. The following specific policy requirements apply to these functional disciplines. FAST contains additional guidance.

4.1 Configuration Management

4.1.1 Scope _{Revised 1/2008}

Configuration management applies to all systems, sub-systems, equipment, components, and assets captured in the FAA Enterprise Architecture. This includes all NAS and non-NAS information technology hardware, software, firmware, documentation, interfaces, standards, test and support equipment, facility space, spares, training and courseware, and manuals. Configuration management begins with the baselining of requirements documentation and ends with decommissioning of physical assets or the termination of services. Before introducing new equipment or software, the responsible solution provider must prepare a change proposal and have it approved by the appropriate configuration control board. This is required for expenditure of both operations and facilities and equipment funding. Configuration management of FAA systems and equipment complies with all agency safety and security requirements. Detailed lifecycle configuration management policy and procedures are in FAA Order 1800.66.

4.1.1.1 Configuration Identification

Service organizations, regions, and other solution providers shall identify configuration items and shall develop appropriate configuration documentation to define each configuration item. This activity includes the development of a product top-down structure that summarizes the total units and configuration documentation for the system or configuration item, and the assignment of unique identifiers, which identify units, and groups of units, in a product. Configuration identification and product information shall be maintained and readily available to all FAA decision-makers. Baselined documentation shall be provided to the appropriate program, service organization, or national program support library, and shall be maintained with all necessary links to the CM information management system. To ensure configuration management information is available to all decision-makers and CM practitioners in the FAA community, the central configuration management authority shall be responsible for providing the necessary facilities and electronic tools to document, monitor, and CM information in the NAS.

4.1.1.2 Configuration Status Accounting

Service organizations, regions, and other solution providers shall develop and maintain configuration information for their configuration items or products in a systematic and disciplined manner in accordance with this policy and national configuration management process and procedures. Status accounting information includes developing and maintaining site configuration data, and the incorporation of modification data on systems and configuration items. This configuration information must be available for use by decision-makers over the lifecycle of the product.

4.1.1.3 Configuration Control Boards

A configuration control board with an approved charter and operating procedures shall be the official FAA-wide forum used to establish configuration management baselines and to approve / disapprove subsequent changes to those baselines. Proposed changes to configuration management baselines must be submitted to the appropriate configuration control board on the FAA-approved case file - NAS Change Proposal (NCP) form. A configuration control board shall document its approval / disapproval decision on the FAA-approved configuration control decision form.

4.1.1.4 Commercial Off-The-Shelf, Non-Developmental Items, and Commercially Available Software

After FAA acceptance, Commercial Off-The-Shelf (COTS), Non-Developmental Items (NDI), and Commercially Available Software (CAS) systems shall be maintained under configuration control. This control shall entail the management of a performance specification, and a data package, if available. Control will require the establishment and maintenance of records indicating the version of COTS / NDI / CAS at specific locations. When identifying COTS as a proposed solution, Service organizations and other solution providers shall analyze and consider the impacts of vendor modification of COTS / NDI / CAS products during vendor production and routine vendor maintenance. Appropriate constraints and notification requirements of vendor changes shall be incorporated into purchase agreements to enable management of product changes to the maximum extent possible.

4.1.2 Application _{Revised 1/2008}

A configuration control board with an approved charter and operating procedure is the official agency-wide forum for establishing configuration management baselines and approving or disapproving changes to those baselines. Configuration control board charters and operating procedures record board membership and the programs and configuration items managed by the board. Proposed changes and associated decisions to configuration management baselines are submitted to the appropriate configuration control board on the appropriate agency-approved form.

4.1.3 Structure and Responsibilities _{Revised 1/2008}

FAA configuration management has an enterprise-wide, multi-layer structure with each layer managing an increasing level of detail. The specific responsibilities of each layer are as follows:

FAA Configuration Management Authority:

Coordinates the development and establishment of FAA configuration management policy, processes, and guidance;
Assists lines of business, staff offices, service organizations, service areas, and other solution providers with development of CCB charters and operating procedures;
Provides training, facilities, and electronic tools to document, monitor, and report configuration management information;
Maintains a mechanism for assigning hardware names, asset tags, and identifiers for systems, interface documentation, and system documentation;
Make accessible the NAS-MD-001, NAS Master Configuration Index Subsystem Baseline Configuration and Documentation Listing, using data available from the CM information management system. All configuration control boards follow the direction of the FAA Configuration Management Authority regarding the type, content, and availability of information in the information management system to ensure validity of data in NAS-MD-001.

A cross-functional team comprised of senior managers advises the Configuration Management Authority, serves as forum for addressing and resolving issues, and assists in the implementation of configuration management policy and solutions.

NAS Configuration Control Board:

Controls changes to NAS systems and associated documentation not assigned to a lower-level CCB or not identified for control by the Joint Resources Council;
Baselines Interface Requirements Documents and controls non-FAA or non-baseline system interfaces to the NAS;
Approves service organization, service area, and other solution provider CCB charters and updates;
Resolves problems regarding NAS system requirements among service organizations or other solution providers;
Approves changes to NAS technical documentation and ensures traceability of requirements from the NAS level to the system and subsystem level;
Manages changes to the Exhibit 300 Final Program Requirements attachment, and notifies the Joint Resources Council if those changes affect cost, schedule, or performance.

Service Organization Configuration Control Boards:

Approve or disapprove proposed changes to configuration items under their purview for the lifecycle of the configuration item;
Ensure all changes have been fully analyzed and coordinated with all organizations affected by the change;
Refer to the NAS Configuration Control Board proposed changes that exceed their approval authority;
Establish functional, allocated, product, and operational baselines for all NAS systems;
Manage the site configurations of FAA facilities in accordance with FAA-STD-058, FAA Standard Facility Configuration.

Service-Area Configuration Control Boards:

Control changes to facility equipment layout drawings, critical power panel designations, and unique regional equipment, as identified in their charters;
Regularly validate the accuracy of baselined facility space and power panel documentation.

The service-area configuration management plan identifies the facilities that are subject to verification and audit and specifies the audit interval. The plan also documents the configuration management program, including the methodology and processes used to accomplish service-area configuration management tasks.

Non-NAS Information Technology Configuration Control Board:

Manages non-NAS information technology systems and associated documentation not assigned to a lower-level CCB or not identified for control by the Joint Resources Council except for data exchange standards;
Baselines Interface Requirements Documents to non-NAS systems;
Approves line of business staff office and other solution provider CCB charters and updates;
Approves changes to non-NAS information technology technical documentation and ensures the traceability of requirements;
Baselines final program requirements for programs that require an Exhibit 300 or the specification or requirements document for those that do not.

Non-NAS Line of Business Staff Office or Solution Provider Configuration Control Boards:

Approve or disapprove proposed changes to configuration items under their purview for the lifecycle of the items;
Ensures all changes are fully analyzed and coordinated with all organizations affected by the change;
Refers changes to the Non-NAS IT CCB proposed changes that exceed their approval authority;
Establish functional, allocated, product and operational baselines for all non-NAS systems. This includes establishing and documenting site configurations, including as-built equipment layout drawings and critical power panel designations, and creating baseline documentation for FAA information technology facilities.

NAS and Non-NAS Information Technology Acquisition-Level Configuration Management:

Service organizations, LOB staff offices, and other solution providers charged with providing solutions to Enterprise Architecture requirements do the following:

Establish, implement, and maintain configuration management plan(s) that document the configuration management program, including the methodology and processes used to accomplish configuration management tasks;
Include requirements for configuration management planning, process, procedures and products in all acquisition contracts;
Document transition plans and activities for field organizations; and
Manage the lifecycle of configuration items and associated baseline documentation, which may include training material, courseware, and logistics support documentation assigned to them.

4.1.4 Activities _{Revised 1/2008}

FAA lines of business, staff offices, service organizations, service areas, and other solution providers develop the infrastructure, processes, and documentation necessary to conduct the following configuration management activities:

Planning and Management: Plan, coordinate, document, and manage all tasks necessary to manage the configuration of assigned Enterprise Architecture products throughout all phases of the lifecycle management process. A configuration management plan formalizes processes and procedures and roles and responsibilities, and ensures continuity of configuration management practices at all levels of management.

Configuration Identification: Identify the configuration items of the total product and develop documentation to define each. This activity includes development of a top-down configuration management structure for the product, and the assignment of unique identifiers for the units and groups of units in the product. Configuration identification and product information is maintained and be readily available to all FAA decision-makers.

Baseline Management: Establish and maintain a configuration baseline that represents technical aspects of approved product requirements. Baselined documentation is maintained by the appropriate line of business program office, staff office, or service organization, and is accessible in a secure environment through the program support library.

Configuration Change Management: Identify, document, coordinate, evaluate, and adjudicate proposed changes to a configuration baseline. Approved changes are documented, implemented, verified, and tracked to ensure incorporation into all impacted assets and their support infrastructure.

Configuration Status Accounting: Capture, store, and access the configuration information needed to manage products and product information. Configuration information must be electronically available for use by decision-makers over the lifecycle of the asset.

Configuration Verification and Audit: Periodically audit operational products to ensure consistency between the product and its baseline documentation. This activity includes verification of facility baselines, the incorporation of approved modifications, and product audits after commissioning.

Information/Data Management: Manage configuration data and information according to requirements in FAA Order 1375.1, Information/Data Management Policy.

4.1.5 Commercial Off-The-Shelf, Non-Developmental Items, and Commercially Available Software _{Revised 1/2008}

Commercial off-the-shelf, non-developmental items, and commercially available software are maintained under configuration control after acceptance into use by the FAA. This control requires management of the performance specification and data package, if available, and the establishment and maintenance of records indicating the version at specific locations. When identifying COTS as a proposed solution, FAA lines of business, staff offices, service organizations, and other solution providers must analyze and consider the impact of vendor modification of products throughout the intended service life. Appropriate constraints and notification requirements of vendor changes must be incorporated into purchase and maintenance agreements.

4.1.6 Local Changes _{Added 1/2008}

Local changes affecting in-service baselined systems must be evaluated by the appropriate line of business, staff office, or service organization and can be authorized only by the responsible configuration control board.

4.1.7 Operational Configuration Management Policy _{Added 1/2008}

AMS configuration management policy applies to all operational assets. Detailed operational NAS configuration management policy is in Order 1800.66, paragraph III-4. Detailed operational non-NAS IT configuration management policy is in paragraph III-4.

4.1.8 Non-NAS IT CM for Enterprise Data Centers and Other IT Facilities _{Added 1/2008}

Line of business/staff office configuration management personnel validate, on a regular basis, baselined facility space and power panel documentation for accuracy. The line of business/staff office configuration management plan identifies the baselined facilities subject to verification and audit and specifies the audit interval. The plan also documents the configuration management program, including the methodology and processes used to accomplish IT facility configuration management tasks.

4.2 Real Property

4.2.1 Applicability _{Revised 1/2008}

This policy applies to the acquisition, management, and disposal of real property interests by lease, purchase, condemnation, or otherwise, as well as services related to such acquisition, management, and disposal, other related services, and utilities. This policy codifies the authority for real property transactions by FAA; however, it must be read in conjunction with Procurement policy 3.0. In the event of a conflict between these provisions and Procurement Policy 3.0, these provisions will govern. Roles and responsibilities in real property transactions, and definitions of real property terms are found in Appendix 1 of this Chapter. For clarification of real property terms and to obtain real property information not found in this Chapter, contact ALO-200.

4.2.2 Guiding Principles _{Revised 1/2008}

The acquisition of real property interests is unique from other types of procurements. The FAA's need for a specific site, location, or other special requirements further complicates the real property acquisition process. The goal is to acquire necessary real property interests to meet FAA mission requirements while fulfilling all mandated acquisition requirements. The acquisition process requires sound business judgment, and a competent and professional staff having the highest integrity, with authority delegated to the lowest responsible level.

The FAA real property procurement system will:

Enable the selection of the lessor with the best value to satisfy the FAA's mission;
Focus on timely, cost efficient, and quality contract performance;
Promote discretion, sound business judgment, and flexibility at the lowest levels while maintaining fairness and integrity;
Provide streamlined methods and initiate innovative processes to conduct timely and cost-effective procurements;
Promote open communication and access to information throughout the procurement process and encourage use of electronic methods for information exchange;
Encourage competition as the preferred method of contracting;
Permit single-source contracting when necessary to fulfill the FAA's mission;
Allow the use of a range of lease types and transactions best suited to a particular procurement;
Provide an internal process for resolving protests and disputes in a timely, cost-effective and flexible manner;
Promote high standards of conduct and professional ethics;
Require appropriate file documentation to support business decisions;
Assure adequate checks and balances; and
Ensure public trust.

4.2.2.1 Contracting Authority _{Added 1/2008}

The FAA Administrator has been given broad statutory acquisition authorities in Title 49 United States Code. Pursuant to the provisions of Title 49, the Administrator is the final authority for carrying out all functions, powers, and duties of the FAA Administration relating to the acquisition and maintenance of property and equipment. The Administrator has broad authority "to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary to carry out the functions of the Administrator and the Administration . . .with any Federal agency, or any instrumentality of the United States, any territory, or possession, or political subdivision thereof, any other governmental entity, or any person, firm, association, corporation, or educational institution, on such terms and conditions as the Administrator may consider appropriate." (49 U.S.C. 106(l)(6).) In addition, the Administrator has the authority to enter into leases that require the use of appropriated funds for terms of up to 20 years. (49 U.S.C. 40110.)

The delegation of contracting authority to the RECOs, like that to COs and other qualified persons is by written warrant or other certificate of appointment. contracts, leases, agreements, grants and other transactions may be entered into and signed on behalf of the FAA only by RECOs with a written certificate of appointment. The certificate of appointment or RECOs warrant must expressly state the types of transactions authorized by the delegation, and any limitation to the authority granted. If the authority is not specified in the warrant or certificate of appointment, that authority does not exist. The delegated authority of individual employees below the COCO is not transferable. For further information, please see “Warrant Levels for RECOs.” Information on the limits of the contracting officer's authority shall be readily available to the public and FAA personnel.

The RECO must have warrant authority commensurate with the total estimated potential value (see 6.0 Training, in Real Estate Guidance) of a transaction. Modifications after the original award are considered stand alone actions when calculating the total estimated potential value; therefore, a Contracting Officer’s warrant needs to have a dollar limitation sufficient to award the total of a modification, but not the entire value of the contract, order, lease or agreement.

Key contracting duties and responsibilities for fund certification, are to be separated among individual people. For a particular requirement, the same person must not requisition, certify funds availability, approve, and obligate funds.

Acquiring real property interests and utilities is a time-consuming process, and involvement of the Real Estate Contracting Office (RECO) at the earliest opportunity will expedite the procurement. Such early involvement will allow for needed planning and coordination, and will ensure that all applicable statutory and regulatory requirements are met and the acquisition is completed in sufficient time to meet the FAA's needs.

4.2.2.2 Real Property Definition _{Added 10/2008}

Real property is defined in Appendix C of AMS policy.

4.2.3 Policy _{Revised 1/2008}

The procurement process is to be conducted following best commercial business practices, in a fair and equitable manner. Real property interests, related services, and utilities will be acquired by the competitive method whenever practical and reasonable. All real estate transactions (acquisition, management and disposal) will comply with all Federal statutes, Executive Orders, Federal regulations, FAA Orders and the Acquisition Management System (AMS). If there is a conflict between the AMS and FAA Orders, the AMS provisions will govern.

4.2.3.1 Request _{Revised 1/2008}

The acquisition process may start with an informal request; however, prior to issuance of a Solicitation For Offer or proposed Lease contract, a signed request from the using service/requiring office must be received. If rental or other costs are involved in the acquisition, a certification of funding must be received prior to any obligation of funds or award of a lease/contract. One document may serve as both the request and the funding certification.

4.2.3.2 Requirements _{Revised 1/2008}

Requirements must be fulfilled by a competitive process whenever practical and in the best interests of FAA. The RECO and the requiring office will meet as early as possible to review, clarify and streamline acquisition requirements and options available to ensure that special requirements and alternative solutions, where appropriate, are considered; to define the appropriate area of geographic consideration, i.e. delineated area, and to ensure that FAA-mandated requirements are met. The RECO may begin the acquisition process with an informal written request from the using service/requiring office. However, the RECO will not issue any formal requests for information or quotes until the requirements are finalized and certified funds are available.

4.2.3.2.1 Succeeding Leases/Renewal Leases _{Revised 7/2008}

Prior to determining whether to enter into a succeeding lease (if the lease will expire at the end of the current term and no renewal options remain, or, if rent is being paid, the lease has been in effect for 20 years), or to renew an existing lease, the RECO must consult with the using service/requesting office and obtain a statement of continuing need. Alterations, upgrading, and expansion/reductions of requirements should be considered and included, as appropriate, in the subsequent acquisition and final documentation. When fulfilling the using service/requesting office requirements, the RECO must use the standard land lease, space lease, utilities and outgrant templates and associated forms for all new, succeeding and renewal lease acquisitions.

Note: In accordance with the provisions of 49 USC 40110(c)(1), the RECO may enter into a lease with a term of up to 20 years, regardless of whether appropriations sufficient to pay the rent for the entirety of the lease term have been obligated.

The RECO must ensure that all clauses incorporated in the succeeding lease agreement are current and applicable. In addition, if the term of a (cost) lease is less than 20 years, including options, and if the RECO determines that the best method to fulfill a short term continuing need is by extending the current lease, the Supplemental Lease Agreement must contain all current clauses. However if the lease has been effective for 20 years, the RECO must negotiate a new lease. In addition, all proposed permanent changes to the standard lease clauses must be approved by ALO-200 and AGC-500.

Note: Any changes to lease clauses that are to be applied to a single case must be approved by Regional Counsel each time they are proposed.

4.2.3.2.1.1 Timing of renewal/succeeding lease efforts _{Added 1/2008}

In order to complete a renewal or succeeding lease transaction prior to the lease expiration date and prevent FAA from becoming a holdover tenant, the RECO must commence the renewal process, or the process of entering into a succeeding lease, at least 18 months prior to the lease expiration date for all FAA direct land and space leases. For all GSA controlled space, the RECO must commence the renewal process at least 24 months prior to the lease expiration date. This 18-month period is a suggested minimum. Each lease transaction should be considered individually by the RECO and the RECO may determine to afford the transaction additional time if the RECO is aware of issues that could jeopardize timely completion of the lease transaction.

4.2.3.2.1.2 Emergency Reservation of Expiring Funds for Continued FAA Occupancy _{Added 1/2008}

If a continuing need has been determined and it appears the lease will expire without a Supplemental Lease Agreement for a short term extension, or succeeding lease has not been awarded, then

The RECO must notify his manager, regional counsel, and the LOB Budget office of issue.
The RECO must continue negotiating an extension via an SLAfor continuing payments at the current lease rental rate.
If the lessor still refuses to sign a temporary agreement, then the RECO must take steps to ensure that sufficient funds are either reserved, or set aside for settlement of the holdover period. A holdover period should not exceed 6 months.
- If extensions go on longer than 6 months or if the lessor wants the FAA to leave the premises, the RECO may be in a condemnation posture. The RECO needs to prepare the affected LOB and discuss setting aside funds for a potential condemnation. (create link to condemnation guide)
During the 6 months of continued occupancy past the expiration date, the RECO will continue to negotiate an extension or new lease agreement.
However, prior to the end of the current fiscal year, the RECO will notify the affected LOB of the potential need to reserve the minimal funds necessary to pay for the FAA's occupancy during the continued occupancy period, and provide an estimate. If the LOB wishes to reserve funds from the soon to be expiring budget year, they shall provide a requisition to the RECO, and the RECO will reserve the estimated rent as an emergency contract. The RECO will send a formal memo to the Accounting office of the emergency reservation of funds, and to await further instructions from the RECO on when to make any payments. Note: The RECO must document in the file a justification for the emergency reservation of funds.
If the LOB validates, it can pay the back rent from current year funds, it is not necessary to perform the emergency reservation of funds.
Once a final lease agreement is negotiated, the RECO must perform a modification to the emergency lease to document the conversion to a fully executed lease contract. Any difference in lease rental payment should be settled and paid at that time.
For additional information please see guidance on hold over tenancy, at 1.1.5.2.

4.2.3.2.2 Other Requirements to consider _{Added 1/2008}

4.2.3.2.2.1 Administrative Space Standards and GSA-Controlled Space Request _{Added 1/2008}

The RECO and the requesting office must use the guidelines for administrative space standards (2.4.1 Administrative Space Standards) when developing administrative space requirements in FAA owned, leased or GSA-controlled facilities.

4.2.3.2.2.1.1 GSA Space Request _{Added 1/2008}

The RECO or servicing office must obtain prior approval for space requests from the Washington Area Facilities Management Division (ALO-100) by submitting a Space Request Package which contains the following: a completed SF-81/SF-81A or a written document with space request, justification/reason for request, complete staffing and workstation patterns, floor plans (if applicable), office space per person, support space, special space by type, number of parking spaces required for government owned vehicles. Initial or Expansion requests for Air Traffic Organization (ATO) facilities and offices require prior written approval from AFJ-61 (See attachment 3) and must be included in the Space Request Package.

For all new, renewal and lease expiration for GSA controlled space, the RECO must notify ALO-100 for prospectus projects at a minimum of 36 months and non-prospectus projects at a minimum of 18 to 24 months, prior to execution of a General Services Administration (GSA) Occupancy Agreement (OA). Prior to making any commitment to the Regional GSA regarding prospectus level projects, the Point of Contact (POC) for the National GSA Rent Program must notify the Washington Area Facilities Management Division, ALO-100. Notification must take place at a minimum of 36 to 60 months prior to execution of a GSA OA.

The RECO or servicing office must ensure that administrative space for Washington Headquarters, Service Area Center and Legacy Regional and field offices is managed and used in accordance with space utilization standards and to maximize the use of available Government-owned space before leasing or otherwise acquiring space.

4.2.3.2.2.2 No-Cost Land on Airport Memorandum of Agreement _{Added 1/2008}

The RECO must use the No-Cost Land on Airport Memorandum of Agreement (1.1.5.1 No-cost Land on Airport MOA template) for transactions with airport sponsors who receive Airport Improvement Funds. Land for NAVIDS on airports without Airport Grant Assurances (including military airports) will be leased using the standard on airport land lease template. When an airport has received an Airport Grant Assurance requiring it to provide rent free space to the FAA, the RECO must follow Rent-Free Guidance (2.4.5: Appendix E: Rent-Free Guidance) until otherwise notified.

4.2.3.2.2.3 Rural Development Act Requirements _{Added 1/2008}

The FAA requesting office/using service must give first consideration to rural areas when searching for locations for new space, other facilities (i.e. research and development facilities, warehouses, labs, clinics, etc.), and land acquisitions, unless mission or program requirements call for urban areas. A rural area is defined as a city, town, or unincorporated area that has population of 50,000 inhabitants or less, other than an urbanized area immediately adjacent to a city, town, or unincorporated area that has a population in excess of 50,000 inhabitants.

4.2.3.2.2.4 Security _{Added 1/2008}

In developing & finalizing lease requirements, the RECO must coordinate with both the LOB and the Servicing Security Element (SSE) to comply with the personnel requirements of FAA Order 1600.72A, Contractor and Industrial Security Program and the facility security requirements of FAA Order 1600.69B, Facility Security Management Program. It is the responsibility of the SSE to classify the users, the risk and the accessibility levels of the tasks to be performed and determine whether an FAA badges should be issued to the contractor employees.

Prior to executing any lease or lease renewal requiring access to programs or resources located in the leased space, the RECO must have a FAA Form 1600-77 Contractor Position Risk/Sensitivity Level Designation Record signed off by the SSE (see FAA Order 1600.72A). If the SSE makes changes to the 1600-77 submitted for their signature, the RECO will accept changes.

4.2.3.2.2.5 Seismic Safety _{Added 1/2008}

In 1996, NIST RP-4 Standards for Seismic Safety for Existing Federally Owned or Leased Buildings, February 1994, instituted a requirement on all Federal agencies leasing space and buildings to follow Interagency Committee for Seismic Safety in Construction (ICSSC) standards similar to the requirement for existing owned buildings. RP-4 was superseded by RP-6 in 2002. (link to http://fire.nist.gov/bfrlpubs/build01/PDF/b01056.pdf), Standards for Seismic Safety for Existing Federally Owned or Leased Buildings, January 2002). RP-6 requires a "Seismic Safety Certification" to be performed following the requirements of FEMA 310 prior to signing any new lease, or renewing existing leases. In 2003, FEMA 310 was superseded by American Society of Civil Engineers (ASCE) Standard 31-03, Seismic Evaluation of Existing Buildings. RP-6 Section 1.3 lists exemptions that may relieve an Agency of the seismic safety certification requirement. These exemptions must be applied on a case-by-case basis. The following guidance (2.4.8 Appendix H: Seismic) gives guidance for the evaluation process of safety and exemption applicability.

4.2.3.2.2.6 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (49 CFR Part 24) _{Added 1/2008}

To the extent that it is applicable to FAA real property transactions, FAA RECOs shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (promulgated in 49 CFR Part 24). See (http://www.fhwa.dot.gov/realestate/49cfr.htm and http://www.fhwa.dot.gov/realestate/UAfnl99.htm) Provisions of the Uniform Act are mandatory and are applicable to each Federal agency that administers programs or provides financial assistance for projects, which involve land acquisition or relocation assistance.

4.2.3.2.2.7 Vehicle Policy _{Added 1/2008}

To the extent that parking space is available and affordable, it is the policy of the FAA to provide adequate parking for official Government vehicles and adequate free parking for employee vehicles at all FAA-owned and leased facilities. In order to promote fuel conservation, reduce traffic congestion, reduce demand for parking spaces and reduce air pollution, the FAA will make available as many parking spaces as possible for the use of vanpools/carpools. For more information please see vehicle guidance (2.4.2 Appendix B Vehicle Parking Guidance).

4.2.3.3 Procurement Method _{Revised 1/2008}

The RECO makes the determination of whether the requirement will be satisfied through competition or single source acquisition. A preliminary assessment such as an informal market survey via phone calls of potential available sources within the geographic area of consideration, i.e. delineated area, may be needed to assist in the determination of the procurement method. Competition is the preferred method of procurement and should be used whenever practical and reasonable. Competition is obtained by providing two or more sources an opportunity to express an interest in satisfying the requirements. Competition is appropriate when the requirement is not site or location specific and reasonable possibility exists that there is more than one provider that can meet the FAA's needs. Interest from potential sources may be expressed either orally or in writing.

The single-source method of procurement is appropriate when technical requirements, business practices, or programmatic needs have determined that a specific location, site, or unique need is required to meet the FAA's mission, or when it has been determined that only one source is reasonably available that can meet the requirement. Advertising is not required if the resultant acquisition is for a site-specific location and deemed single-source procurement.

4.2.3.4 Solicitation for Offers _{Revised 1/2008}

The RECO works with the program office to determine the delineated area to fulfill the mission of the FAA. The RECO is not required to solicit offers from all sources within the geographic area of consideration. It is only necessary that offers be solicited from a sufficient number of sources (at least two sources are sought, if possible) to promote competition to the extent practicable and reasonable. Data obtained during the market survey, and/or advertisement, and/or appraisal can also be used to determine a range of reasonable rents charged by Lessors within the area of consideration for space or land similar to that being acquired by FAA. (See below for more information.)

For single-source procurements, a market survey/and or appraisal should be conducted to determine or verify the reasonableness of the offer. At least three sources of data should be queried to ensure the validity of the data. If single source procurement is selected, which is often the case for most FAA land acquisitions; the RECO must document the justification/determination of the rational basis for a single source acquisition in the lease file under the negotiator report.

The RECO will send the Solicitation for Offerors (SFO) or proposed lease contract to those offerors who meet the requirements of the FAA

4.2.3.4.1 Market Survey/Advertisement/Appraisal _{Added 1/2008}

When utilizing the competitive method of procurement, the FAA must conduct a market survey to obtain market information and identify potential sources within the geographic area of consideration or market once the lease requirements have been finalized. Market survey data can be used to: determine the availability of properties within the area of consideration; eliminate unsatisfactory properties from consideration; determine the willingness of landowners to provide property for the FAA's use; determine fair market rents; determine suitability of responses to advertisements; and, determine the estimated cost for the leasehold. When possible, the survey should include on-site visits with the requesting office to determine if suitable properties are available, or if properties offered in response to an advertisement meet requirements. Prior to conducting the market survey, the FAA should have developed a draft Solicitation for Offer or a draft lease contract defining specific requirements. The draft SFO or draft lease contract should be reviewed with the offer or offeror’s representative to ensure a full understanding of FAA's requirements.

As mentioned above, advertising is not required for the acquisitions of site-specific locations or those determined to be appropriate for single source procurement. Also the requirement need not be publicly advertised when the FAA determines that it is not warranted, or reasonable competition has been achieved without advertising. If the RECO determines that advertising is required, the publicizing method that should be used is that which is most likely to result in the receipt of offers appropriate to satisfy the specific requirement. Acceptable methods of advertisement include, but are not limited to, publication of the requirement in a newspaper in the jurisdiction where the requirement is located, and publicizing the requirement on a real estate or other website.

In addition to the market survey information, an appraisal may/should be obtained by the RECO to assist in the determination of the fair market rent, and of the value or just compensation for the purchase of a specific property. An appraisal is a formal written statement that a qualified appraiser prepares independently and impartially, giving an opinion, as of a specified date, of the defined value of a described parcel of real property, supported by the presentation and analysis of relevant market information.

4.2.3.5 Evaluation of Offer(s) _{Revised 1/2008}

If the competitive method is used, once offers are received, selection for final award may be made. Selection from the competitive method may be made based upon that proposed offer that best meets the FAA's requirements as defined in the SFO or proposed contract lease document. If the acquisition is being conducted using the single-source method, the RECO can begin negotiations with the single offeror immediately upon receipt of an offer.

4.2.3.5.1 Negotiation _{Added 1/2008}

Based on the results of market surveys or appraisals, the RECO must negotiate with property owners to obtain the necessary land/space interests at a fair and reasonable cost. The RECO should remember that the value of the Government's enhancements to the property, or the intended use of the property by the Government, should not be considered in determining the procurement or lease cost of the real property. The offer(s) should be reviewed to determine which offer(s) best meets the requirements as indicated in the SFO and/or proposed lease contract. Any reasonable offer received up to the point of award may be accepted and considered at the discretion of the RECO. If the evaluations indicate that the offerors have different interpretations of the FAA’s requirements, the RECO is encouraged to implement a process to clarify the ambiguities and allow offerors to revise their proposals in accordance with the clarifications provided.

The evaluation should include a full analysis of the total payment of rent and other costs to the FAA and the total cost of any alternatives considered. The reasonableness of specific costs should be evaluated against data from sources such as market surveys, appraisals, or Government estimates. The cost to the FAA should be based on the fair market value of the procurement, and not include any value created by the FAA's enhancements or intended use. This can be done by appraisal or use of market data. This is true for competitive or non-competitive space. The final selection should result in the best value to the FAA.

The RECO must use the Negotiator Report (1.3.6 Negotiator Report) to document negotiations for all types of leases – space and land, cost and no cost. This document must be used for the entire process, i.e. before offers received, during evaluation and award recommendation and after award.

4.2.3.5.2 Communication _{Added 1/2008}

All items may be communicated and discussed with offerors with the goal of clarifying the FAA's needs and providing a basis for the final contract to assure that all costs involved are fair and reasonable. Communications may continue up to the point of award and may be terminated at any time by the FAA.

During final communications, an offeror can be asked to lower the proposed price/rental to a stated rate.

At any time during the real property procurement process, if the parameters of a competitive offer have been determined, any offer falling within these parameters may be selected at the discretion of the RECO for direct communication.

Communications with all potential offerors should take place throughout the competitive process. Communications may start in the planning phase and continue through contract award. All SFOs and/or proposed lease contracts should clearly inform offerors how communications will be handled during the initial screening phase.

The purpose of communications is to ensure there are mutual understandings between the FAA and the offerors about all aspects of the procurement, including the offerors' submittals. Information disclosed as a result of oral or written communication with an offeror may be considered in the evaluation of an offeror's submittal.

To ensure that offerors fully understand the intent of the SFO and/or proposed lease contract, the FAA may conduct one-on-one meetings with individual offerors. One-on-one communications may continue throughout the process, as required. Communications with one offeror do not necessitate communications with other offerors, since communications will be offeror-specific. Regardless of the varying level of communications with individual offerors, the RECO must ensure that such communications do not afford any offeror an unfair competitive advantage.

Communications may necessitate changes in the FAA's requirements. If, after release of a SFO and/or proposed lease contract, it is determined that there has been a change in the FAA's requirement(s), all offerors competing at that stage should be advised of the change(s) and afforded an opportunity to update their submittals accordingly. The RECO should be aware that depending on the scope of the change, the acquisition may have to start from square one again.

All determinations relating to changes in requirements, including waivers, will be documented in the negotiator report.

Where communications do not result in any changes in the FAA's requirements, the FAA is not required to request or accept offeror revisions. Technical leveling and auctioning techniques are prohibited.

4.2.3.6 Utilities _{Revised 4/2008}

Like the acquisition of leasehold interests, the utility acquisition process must be conducted following the best commercial business practices in a fair and equitable manner, while complying with all applicable regulations.

The utility guidance (4.1) addresses the acquisition, management and termination of utility services, i.e., electric, gas, water, refuse, and sewer in support of facilities constructed, operated, and maintained by the Federal Aviation Administration. The RECO/CO must follow the guidance.

4.2.3.7 Condemnation _{Revised 1/2008}

Eminent domain proceedings, in accordance with established procedures, should be initiated when negotiations have reached an impasse and a satisfactory conclusion to the procurement cannot be reached. Generally, protracted negotiations are not in the best interests of either party. Legal participation is required on all condemnations. The Department of Justice rules on condemnation and requirements for title must be followed when real property is acquired through purchase or condemnation proceedings. (1.1.19 Condemnation Guidance)

4.2.3.8 Award _{Revised 4/2008}

Competitive awards must be made to the offeror whose offer best met FAA’s requirements/needs as defined in the SFO and/or proposed lease contract. The offer selected should provide the best value to the United States, cost and other factors considered. The RECO shall document the objective criteria supporting the rational basis, i.e. the negotiator report (1.3.6 Negotiator Report) and placed in the real estate lease contract file.

If award is made non-competitively, the reason(s) for a RECO’s determination to make a single-source award must be documented in the negotiator report.

Any changes or additions, such as the addition of a requirement from the using service/requiring office, resulting from communications with the proposed awardees, or that are stated in the selected offer, should be made to the proposed contract prior to award. If such change is deemed outside the original requirements of the SFO and/or proposed lease contract, the RECO must start the procurement again. (Put that in above, too.)

Legal review of leases is required where there is deviation from the standard lease clauses. Legal review is required on all purchases of real property. The RECO is required to send three original copies of the proposed contract(s) to the property owner or provider for signature and returned for final execution by the FAA. The RECO should follow the guidance on recording leases and titles as mentioned in the land guidance 1.0.

After execution of the lease, the RECO must ensure that all information is entered into the real property database, i.e. REMS. RETS.

4.2.3.8.1 Terms of Leases _{Added 1/2008}

The RECO is authorized to enter into firm-term leases within established restrictions (2.4.4 Lease Terms). The RECO may award firm term leases not to exceed 20 years under the authority of 49 U.S.C. 40110 (c) (2)(A) without violating the Antideficiency Act. If a lease requires the payment of rent above a nominal amount—e.g., $1.00 per year--a new lease must be procured when the existing lease contract has been in effect for 20 years.

The RECO must complete the Lease Evaluation Form as early as possible in order to determine whether the lease will be a Capital Lease in accordance with OMB Circular A-11, Appendix B. If determined to be a capital lease (3.1.5 capitalization guidance), the RECO will notify the Logistics Service Area Manager and must ensure with the program office that FAA has the adequate funding for the requirement.

4.2.3.9 Alterations and Improvements _{Revised 1/2008}

All alterations and/or improvements must be based upon technical requirements, business practices, or programmatic needs. Initial alterations, improvements, related items, and services associated with real property will be considered awarded through competition when included within the scope/requirements of the original procurement.

Alterations and improvements to an existing facility may be considered within the scope of a lease, if they are necessary to the operation of the facility as contemplated by the original procurement. In a leased facility, to minimize potential liabilities and restoration costs as well as other claims, the lessor should be considered the first choice for the provision of alterations. In making the determination of whether a lessor’s proposed costs to make alterations and improvements to a leased facility are reasonable, the RECO should use a 1.) formal appraisal, 2.) construction data, 3.) cost to build publications, and/or 4.) an independent government cost estimate. If FAA makes the alterations, the lessor should be requested to waive any claims for restoration of the premises.

Any construction to leased or owned facilities must comply with the requirements of the Davis-Bacon Act. The Davis Bacon Act (40 U.S.C. 276a-278a-7) provides that contracts of $2,000 or more to which the U.S. or the District of Columbia are a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works within the U.S. must include provisions that no laborer or mechanic employed directly upon the site of the work will receive less than the prevailing wage rates as determined by Department of Labor.

If the lessor is unwilling or unable to provide the means to complete the improvements, and the property is leased for no or nominal consideration, then the FAA may exercise its authority under 49 USC Section 44502(a)(5) to make the required improvements.

4.2.3.10 Inspection and Acceptance _{Revised 1/2008}

The RECO, or designated representative, should arrange to inspect the real property sufficiently in advance of the occupancy date to ensure it is acceptable and ready for use. Substantial, non-punch list deficiencies that would impact FAA use and/or occupancy of the real property in support of its mission must be corrected before acceptance of the real property, related service, or utility service.

4.2.3.11 Disposal of Real Property _{Revised 1/2008}

There are two sources of authority under which the FAA may dispose of real property:

1. Pursuant to 49 USC 40110, the FAA has the authority to dispose of airport and airway property and technical equipment used for the special purposes of the FAA for adequate compensation.

2. The second source of authority is through the General Services Administration (GSA) and is governed by the Federal Property Administrative Services Act of 1949, as amended. This Act authorizes the Administrator of GSA to dispose of real property.

Also the RECO must include an explanation of how the acquisition or disposal action complies with FAA established policy and guidance in the negotiator report.

4.2.3.12 Documentation _{Revised 1/2008}

Sufficient documentation must be developed that explains and justifies the procurement action taken. These documents should be retained in the applicable real estate acquisition file. The RECOs must use a 6 part folder system for all their acquisition files. The RECO must use the land, space and/or utility checklist when putting together the documentation for the lease file.

4.2.3.12.1 Accountability _{Added 1/2008}

Real Estate Managers and/or their designees are to ensure that adequate records are maintained for all FAA owned, leased, and utilized real property. Managers and team leads are responsible for the accuracy and quality of the work of the RECO and should review the lease document files to ensure compliance with AMS. Further the real estate managers should ensure the real estate employees are trained in accordance with the real estate competencies and curriculum.

4.2.3.12.2 REMS _{Added 1/2008}

All real property assets must be recorded in Real Estate Management System (REMS) in accordance with the REMS User Guide ( http://rems.faa.gov/UserGuide.htm ). Land and space ownership should be recorded in REMS after the title passes to the Federal Government. Land, structure and space leases should be recorded in REMS after the lease is fully executed. Other real estate assets, purchased by procurement contracting officers (i.e. structures), should be recorded in REMS after completion of the Joint Acceptance and Inspection (JAI), as part of the regular close out process. The program office with management responsibility that authorizes a change of location of a structure must notify the RECO with that changed location information. The RECO will make the change in REMS following notification by the program office. Logistics personnel must ensure accurate and complete real property asset data entry into REMS. All lines of business must assist logistics personnel in the annual inventory to validate required data elements in accordance with Federal Real Property Council (FRPC) and the DOT Asset Management Plan (AMP).

4.2.3.13 Miscellaneous Provisions _{Revised 1/2008}

4.2.3.13.1 Disclosure of Information _{Added 1/2008}

Source selection information and proceedings shall not be discussed outside the service organization. The Source Selection Officer (SSO) shall determine the extent to which source selection information is disclosed and shall execute a Certificate of Nondisclosure as appropriate.

4.2.3.13.2 Procurement Integrity Act _{Revised 1/2008}

FAA is subject, with modifications as described in the Procurement Toolbox, to the Procurement Integrity Act (41USC 423).

4.2.3.13.3 Organizational Conflicts of Interest _{Added 1/2008}

The policy of the FAA is to avoid awarding contracts to contractors who have unacceptable organizational conflicts of interest.

The FAA will resolve organizational conflict of interest issues on a case-by-case basis; and when necessary to further the interests of the agency, will waive or mitigate the conflict at its discretion.

4.2.3.13.4 Conflict of Interest _{Added 1/2008}

Any service organization or Office of Dispute Resolution (ODRA) member who is a Federal employee that has a real or apparent conflict of interest must withdraw from participation in the procurement process when required by law (18 U.S.C. 208) or regulation (5 CFR Part 2635). Non-Federal service organization or ODRA members are held to the same standards in order to sustain the integrity of the procurement process.

4.2.3.13.5 Electronic Commerce in Contracting _{Revised 1/2008}

4.2.4 Training Competencies and Curriculum _{Revised 1/2008}

Congressional requirements specify using a competency-based model to provide structure and logic for learning and development decisions. The FAA developed a Performance Development Program Guide in 2000 that identified the competencies for Real Estate Specialists. This 2007 revision updates the competencies identified in 2000 and aligns curriculum for the three levels of FAA Real Estate professionals (i.e. entry, intermediate and senior level).

The Agency uses competency based training to standardize the education, training, and experience requirements for Realty Specialists and Real Estate Contracting Officer (RECO) professionals. A well-trained real estate workforce is critical to ensuring that the FAA accomplishes its mission goals. Investment in the development of the FAA real estate workforce will improve the FAA’s ability to meet mission needs and continue being effective stewards of taxpayer dollars.

All real estate group managers and real estate professionals must use the "Real Estate Competencies and Performance Development Guide" (Real Property Guidance 6.1) for developing the competencies and curriculum for ARC real estate professionals.

4.3 Integrated Logistics Support

4.3.1 Principles _{Revised 10/2007}

Integrated logistics support is the critical functional discipline that plans, establishes, and maintains an integrated logistics support system for the lifecycle all FAA products and services. The objective is to provide the required level of service to the end user at optimal lifecycle cost to the FAA for new investment programs and the sustainment of fielded products and services.

Principles include:

Centralized management of integrated logistics policy and guidance with the Vice President of Technical Operations serving as the key executive and the Associate Administrator for Regions and Centers providing support

Logistics managers within each service team responsible for defining, obtaining, and managing integrated logistics support for service-team products and services over their lifecycle

Collaborative logistics decision-making based on business case analysis results to achieve high performance and best value for the agency

Integration of operations and support requirements early in the program lifecycle using the Program Requirements attachment to the Exhibit 300 Program Baseline

Long-term strategic partnerships with suppliers and contractors to achieve full lifecycle support for operational assets

Managing and integrating supply support across the agency to improve efficiency, save money, and minimize ownership costs

Continuously measuring logistics performance against key organizational measures to drive corporate decisions and tactically manage logistics services

Training and certification of logistics specialists so the best logistics systems can be determined, implemented, and operated over the service life of operational assets

Developing and using logistics databases and tools to manage assets, track outages and service delays, control inventory, and identify opportunities for improving logistics support

4.3.2 Standard Elements of Integrated Logistics Support _{Revised 10/2007}

The standard elements of integrated logistics support are:

Maintenance planning;
Maintenance support facility;
Direct-work maintenance staffing;
Supply support;
Support equipment;
Training, training support, and personnel skills;
Technical data;
Packaging, handling, storage, and transportation;
Computer resources support.

A definition of each element is in Appendix C.

4.3.3 Logistics Management During the AMS Lifecycle _{Revised 10/2007}

Logistics elements are addressed during each phase of the AMS lifecycle management process (service analysis, concept and requirements definition, investment analysis, solution implementation, and in-service management). This entails managing the interdependencies among logistics elements; integrating the acquisition and lifecycle management of logistics support with the investment product or service; and adhering to the principles of supply chain management throughout.

4.3.3.1 Service Analysis _{Added 10/2007}

The service team logistics manager analyzes support data collected on operational assets to determine logistics trends and service needs. Results are fed into service analysis by each service organization that determines and prioritizes overall service and infrastructure needs. Service analysis results across service organizations are integrated into the enterprise architecture roadmaps, which specify when highest priority service needs enter into the appropriate solution-oriented lifecycle management phase (e.g., concept and requirement definition, investment analysis, or solution implementation).

4.3.3.2 Concept and Requirements Definition _{Revised 10/2007}

The service team logistics manager works with the CRD team to define preliminary logistics requirements and a maintenance concept of use for the preliminary program requirements attachment to the Exhibit 300 program baseline. Preliminary requirements are not solution-specific and do not limit the search for alternative solutions to mission need.

4.3.3.3 Investment Analysis _{Revised 10/2007}

The service-team logistics manager is a core member of the investment analysis team throughout initial and final investment analysis. During initial investment analysis, the logistics manager evaluates the maintenance concept of each alternative solution and reports implications to lifecycle support costs and benefits in the business case analysis report. Trade-off among RMA parameters (as lifecycle cost-reduction measures) is encouraged so long as minimum service performance thresholds are not breached.
During final investment analysis, the logistics manager:

Develops logistics elements for any screening information request issued by the service team in support of final investment analysis;

Evaluates the logistics and support elements of contractor responses;
Assists the investment analysis team in defining:

ILS-specific baseline measures for the Exhibit 300 program baseline;

Final logistics requirements in the program requirements attachment;

Detailed logistics activities and milestones in the implementation strategy and planning attachment.
Advises on preliminary disposal planning for the asset(s) under consideration for replacement;
Identifies activities and establishes milestones for integrated logistics support elements of the In-Service Review (ISR) checklist; and
Tracks completion of logistics support activities prerequisite to the final investment decision.
During competitive procurements, offerors are evaluated on the suitability of their maintenance and support plans and demonstrated ability to support other fielded systems, as well as compliance with contract technical specifications.

4.3.3.4 Solution Implementation _{Revised 10/2007}

During solution implementation, the logistics manager verifies that contractor logistics product development and field installation are consistent with contract requirements and user needs through commissioning. The logistics manager also assists the service team in verifying that logistics-related activities in the ISR checklist are complete and the product or service is operationally suitable at the in-service decision.

4.3.3.5 In-Service Management _{Revised 10/2007}

The logistics manager assists the service organization and its systems engineering efforts throughout in-service management in the collection and assessment of operational data for use in evaluating product or service effectiveness. These activities include:

Tracking and evaluating RMA performance and supportability issues of fielded assets;
Analyzing supportability issues caused by market-driven product, system, or subsystem obsolescence;
Determining the most cost-effective means for avoiding supportability shortfalls;
Assessing the logistics impact of obsolescence-driven product changes;
Evaluating the impact of engineering changes, performance shortfalls, or technological opportunities on the integrated logistics support of operational products and services.

The logistics manager also participates in disposal activities of products scheduled for removal from service.

4.3.4 Who Does It? _{Revised 10/2007}

Each line of business manages integrated logistics support for the products and services for which it is responsible. The ATO Technical Operations organization is the office with primary responsibility for logistics policy and guidance. The ARC organization provides in-house integrated supply chain management, depot support, and logistics services. The logistics manager is the focal point for logistics planning, implementation, and in-service management within the service team. The ARC logistic-element management team supports service-team logistics managers in logistics planning and management.

4.4 Test and Evaluation _{Revised 7/2006}

Test & Evaluation is conducted in accordance with the AMS Test and Evaluation Process Guidelines found on FAST. The objectives are to:

Provide essential information in support of decision-making;
Provide essential information for assessing technical and investment risks;
Verify the attainment of technical performance specifications and objectives; and
Verify that investment products are operationally effective and suitable for intended use.

4.4.1 Mission Analysis and Investment Analysis _{Added 7/2006}

During mission analysis, test and evaluation activities help in the identification and prioritization of the FAA’s critical needs, as well as the determination of best alternative solutions to those needs. During investment analysis, the criteria for testing operational effectiveness and suitability are expressed as critical operational issues in the Program Requirements attachment to the Exhibit 300 Program Baseline. T&E strategy and implementation activities are defined in Attachment 3: Implementation Strategy and Planning. They describe the overall T&E program for verifying achievement of technical performance requirements and development of operationally suitable investment products.

4.4.2 Solution Implementation _{Added 7/2006}

All system/software and facility investment programs follow a structured, disciplined T&E process appropriate to the product or facility being tested. Initially, test and evaluation in solution implementation assesses and suggests ways to mitigate potential operational risks. Later it verifies operational readiness and supplies data to decision-makers in support of the production and in-service decisions.

A typical T&E program consists of system test, field familiarization testing, as well as independent operational test and evaluation for designated programs (see Section 4.5). System test usually includes development, operational, production, and site acceptance testing. Test and Evaluation of commercial and non-developmental items is tailored to account for test results already available from vendors. For example, an operational capability demonstration may reduce system test requirements. As part of field familiarization testing, all systems/software products normally require site operational testing and information security testing to verify operational readiness. Test and evaluation for facility investment programs is conducted according to regional test procedures and disciplines.

4.4.3 In-Service Management _{Added 7/2006}

The Test and Evaluation Gold Standard and Implementation Guide defines standards for the development and implementation of all modifications to the National Airspace System during in-service management. It includes a standardized testing process that lists the phases and detailed activities to be addressed. The Gold Standard process as designed will support/ensure that the activity of safety risk management is address in the FAA.

The Test and Evaluation Gold Standard Matrix is used as a management tool to record development and test status, improve internal and external communications, and support risk assessment using best business practices. This document is applicable to all NAS modifications across all FAA organizations.

4.5 Independent Operational Test and Evaluation

The FAA is committed to verifying that new systems are operationally effective, supportable, and suitable before deployment. The Chief Operating Officer, through the Vice President of Safety Services, designates investment programs on which to conduct independent operational test and evaluation (IOT&E). The decision to designate a program for IOT&E is based on such factors as complexity, operational criticality, lifecycle cost, interoperability, and risk.

During the early stage of solution implementation, the Office of IOT&E identifies potential operational risks and communicates them to the service organization. Once service organization test activities are complete, the Vice President of the service organization will declare in writing to the Vice President of Safety Services, via the IOT&E Readiness Declaration, the readiness of the system to enter IOT&E. IOT&E provides decision-makers with an independent determination of operational readiness in support of the production and in-service decisions.

4.6 Deployment Planning

Deployment planning prepares for and assesses the readiness of a solution to be implemented into the National Airspace System. Deployment planning is part of a continuous in-service review process that begins early in the lifecycle management process, usually during the development of requirements. All programs undergo some degree of deployment planning to ensure key aspects of fielding a new capability are planned and implemented, as well as to ensure the deployment does not create a critical deficiency in the National Airspace System. The level of authority for deployment readiness assessment and in-service decision (ISD) may vary from the service organization leader to the Joint Resources Council, chaired by the head of the sponsoring line of business.

The conduct of deployment planning involves coordination among and participation by many critical functional disciplines. Trade-offs among cost, schedule, performance, and benefits relative to these functional disciplines must also include the impact of deployment and implementation considerations. Deployment planning tools (such as a tailored in-service review checklist) must be used to assist in identifying, documenting, and resolving deployment and implementation issues. Methods and techniques include, but are not limited to, a tailored application of generic tools, the integration of checklist issues with other emerging issues (such as problem test reports from program tests and evaluation), development of action plans for resolution of checklist and other items, and documentation of the results of issue resolution and mitigation. Consistent deployment planning must be visible in contractor "statement of work" and associated efforts. The status of deployment planning (and issue resolution) activities are briefed periodically (e.g. at service-level reviews), presented at the ISD meeting, summarized in the ISD memorandum, and audited during the post implementation review. The implementing service organization is responsible for the successful completion of deployment planning activities. The operating service organization provides guidance and technical expertise related to ISR issues or other factors that may affect the ability to deploy and support the intended service, product, or requirement. All lines of business will resolve and close their respective ISR issues.

4.7 Human Factors

Human factors are a critical aspect of aviation safety and effectiveness. Service organizations must assure that planning, analysis, development, implementation, and in-service activities for equipment, software, facilities, and services include human factors engineering to ensure performance requirements and objectives are consistent with human capabilities and limitations. Human factors engineering should be integrated with the systems engineering and development effort throughout the lifecycle management process, starting with concept and requirements definition and continuing through solution implementation and in-service management (Human Factors Guidelines).

4.8 Environmental, Occupational Safety and Health, and Energy Considerations

FAA investment programs are subject to federal environmental, occupational safety and health, and energy management statutes, regulations, executive orders, and Presidential memoranda. Key considerations are pollution prevention, safety and health (including system safety), cultural and natural resource conservation, public participation, and energy and water conservation. Additional issues concerning the applicability of state and local agency requirements to federal agencies should be referred to the legal office for an evaluation of supremacy clause and sovereign immunity implications. Service organizations must understand the national concern and sensitivity of these issues and address them in program planning and execution.

The following illustrate some of the requirements:

The National Environmental Policy Act requires preparation of an environmental assessment or an environmental impact statement for all proposed federal actions that are not categorically excluded. Depending on the results, an environmental assessment can lead to an environmental impact statement or a finding of no significant impact. Following the prescribed review periods, the FAA may make a decision on the federal action.
Various other environmental laws (e.g., the Federal Facilities Compliance Act) impose environmental requirements, and sanctions for noncompliance, including civil penalties.
The Occupational Safety and Health Administration (OSHA) requires a safe and healthful workplace for all employees, and compliance with OSHA standards.

OSHA (29 CFR 1910.28) and GSA (Federal Property Management Regulations) require the FAA to establish and maintain an Occupant Emergency Plan for all FAA facilities. In the event an investment program impacts egress routes or fire safety of a facility, the plan must be updated by the service organization performing the project.

The National Energy Conservation Policy Act requires energy and water conservation measures for federal buildings, facilities or space.

Environmental, safety and health, and energy conservation considerations apply from the beginning of the lifecycle management process through product disposal. The Exhibit 300 Program Baseline shall incorporate estimates for the full cost of complying and allow sufficient time for doing so. FAST contains procedural guidance for required actions.

4.9 Information Technology

Information technology represents a significant financial investment for the FAA, as well as a set of essential tools and services that support multiple FAA missions, functions, and activities. To develop, deploy, and manage information technology effectively, service organizations must apply sound information and engineering principles to the lifecycle planning and acquisition of information technology. Service organizations must also continuously involve users in the development, operation, and maintenance of information and application systems. Service area plans should leverage corporate information technology capabilities such as FAA telecommunications, emphasize the use of open systems and shared data, implement recognized information technology standards, and take advantage of economies of scale.

4.10 System Engineering

Systems engineering management is conducted and documented throughout the lifecycle management process at all levels of management and integration, from individual investment programs to the National Airspace System as a whole. At the NAS-level, systems engineering management integrates across investment programs to achieve an efficient and fully interoperable National Airspace System. At the program level, it optimizes performance, benefits, operations, and lifecycle cost.

All organizations responsible for the development, implementation, and lifecycle management of FAA investment programs shall develop and institute a systems engineering management program consistent with guidance in FAST [system engineering guidance]. This includes organizations responsible for integrating investment programs into larger "system of systems" such as the National Airspace System. The systems engineering management program of each organization shall apply systems engineering activities such as functional analysis, requirements management, synthesis, and validation and verification throughout the lifecycle management process, consistent with the specific functions and responsibilities of the organization.

4.11 Security _{Revised 7/2007}

The FAA must conform with national policy related to the physical security of the aviation infrastructure including leased and owned facilities, the security of all information associated with operation of the FAA and aircraft operations, and personnel security. The FAA is also obligated to protect proprietary information to which it has access.

Physical security is directly applicable to aviation industry operations and activities, and to supporting infrastructure such as communications, sensors, and information processing. In addition, physical security applies to staffed facilities that the FAA leases, owns, and operates. For more information concerning physical security, see FAA Order 1600.69, FAA Facility Security Management Program, as amended.

Personnel security applies to all FAA positions and FAA employees, contractors, subcontractors, and other users of FAA information systems. Each position must be designated as to the level of risk in terms of suitability and access to FAA facilities, sensitive information, and/or resources, and also designated as to the level of sensitivity in terms of national security and public trust responsibilities related to the efficiency of the service.

The FAA is required by Executive Orders 13292 and 12968 to protect classified information from unauthorized disclosure. The FAA is also required by law to protect sensitive unclassified information from public disclosure. FAA policy for information security is found in FAA Orders 1600.2E and 1600.72A.

The FAA is required by law (PL 100-235, Federal Information Security Management Act, 2002 (FISMA)), OMB Circular A-130, and other federal standards to provide security for all information that is collected, stored, processed, disseminated, or transmitted using FAA or non-FAA-owned information systems. Information System Security (ISS) requirements must be integrated into each phase of a program’s lifecycle (see ISS System Process Flowchart). The Exhibit 300 Program Baseline and planning attachments for each investment program must include the cost of complying with national security policy and must allow sufficient time for compliance. The FAA ISS Program policy is contained in FAA Order 1370.82 (intranet.faa.gov/aio), as amended. This order supersedes FAA Order 1600.54B (FAA Automated Information Systems Security Handbook).

4.12 System Safety Management _{Revised 8/2008}

Safety management shall be conducted and documented throughout the lifecycle of a system in accordance with the FAA’s Safety Management System (SMS). The SMS requires use of safety risk management to identify safety risks to the National Airspace System.

Critical safety issues identified during service analysis are recorded in an enterprise architecture roadmap; a system safety assessment of alternative solutions to mission need is reported in the business case analysis report; and service organizations provide program-specific safety risk management planning in the Exhibit 300 program baseline attachment 3: Implementation Strategy and Planning.

Each service organization involved in acquisition management shall institute a system safety program that includes at a minimum: hazard identification, hazard classification (severity of consequences and likelihood of occurrence), measures to mitigate hazards or reduce risk to an acceptable level, verification that mitigation measures are incorporated into product design and implementation, and assessment of residual risk. Status of system safety shall be presented at all decision points and investment reviews. Detailed guidelines for safety management are found in FAST and in the FAA’s SMS manual.

4.13 Risk Management

Risk management is applied throughout the lifecycle management process to identify and mitigate risks associated with achieving FAA goals and objectives. Each line of business shall institute risk management processes that: (1) identify and assess risk areas; (2) develop and execute risk mitigation or elimination strategies; (3) track and evaluate mitigation efforts; and (4) continue mitigation activity until risk is eliminated or its consequences reduced to acceptable levels.

Risk Characterization

Figure 4.13-1 Risk Characterization

Risk management applies to all levels of FAA activity, from small projects to large programs. It applies to such risk areas as cost, schedule, technical, system safety, all security disciplines, human factors, operability, producibility, supportability, benefits, management, funding, and stakeholder satisfaction (e.g., Congressional and aviation community priorities; union concerns). The following examples illustrate key elements of risk management:

Service-level risk management. Risk management during service analysis identifies and characterizes risks to the FAA's ability to execute its legislated responsibilities and satisfy customer demands for service. Typically, these risks arise from changes in the operational environment and shortfalls in operational capability.
Investment analysis risk management. Risk management during investment analysis shall ensure primary risks associated with alternative solutions to mission need are identified and evaluated fully. Sufficient time and money must be included in the Exhibit 300 Program Baseline of a solution selected for implementation to mitigate risk and achieve program success.
Program risk management. Service organizations shall apply risk management throughout the lifecycle of their products and services. The focus is on early detection and reduction of risk to avoid the greatly increased cost of dealing with the consequences of risk later in the lifecycle. Risk management planning and risk-mitigation actions are documented in the Exhibit 300 Exhibit Program Baseline and its planning attachments. Appropriate risk management requirements and activities are also included in any prime contract for products or services. Risk management continues throughout in-service management, with the assessment and adjustment of mitigation efforts to reduce the consequences of risk to an acceptable level.
Security Risk Management. Vulnerabilities and risks within FAA programs must be reduced to acceptable levels for all identified threats that could result in quantifiable injury to personnel, loss or destruction of critical assets, or disruption of FAA information systems, including mission-critical NAS operational systems and mission support and administrative systems. Offices sponsoring or executing programs shall implement and maintain lifecycle security risk management for each investment program. Lifecycle security risk management shall be an integral part of program concept, planning, engineering design, and implementation, and shall be maintained and modified throughout the lifecycle, as required. The methodology for quantifying and measuring asset criticality, along with identifying levels of vulnerability and risk shall meet or exceed the lifecycle risk management process guidance in FAST.
Human factors risk management. Human factors risk management shall ensure effective human / system interaction and performance. Human issues such as usability, operational suitability, personnel and training costs, and user performance must be evaluated during concept and requirements definition and investment analysis as FAA needs are defined and alternative solutions are evaluated. During solution implementation, human factors must be fully integrated into planning and execution of the overall program to foster safe, effective human / product performance and ensure user acceptance of the final product.

4.14 Data Standardization and Management _{Revised 7/2008}

The FAA applies data standards to facilitate data sharing across systems, programs, government agencies, and industry. Data standardization improves the transportability of data, facilitates cost-effective development and re-engineering, and improves the quality, utility, and integrity of FAA information products and resources. The FAA data management program consists of data registration, data standardization, data certification, and lifecycle data management. Policy is in FAA Order 1375.1, FAA Information and Data Management. Guidelines and tools are in FAST.

4.15 Post Implementation Review _{Added 10/2005}

4.15.1 Scope _{Added 10/2005}

The post-implementation review is a standard evaluation practice applied to all investment programs in the FAA. The review assesses the results of an investment program against baseline expectations to determine if it is achieving performance and benefit targets, meeting the service needs of customers, and whether the original business case is still valid. Specifically, the review examines the differences between actual investment costs, schedules, benefits, performance, and mission outcomes and baseline measures in the Exhibit 300 Program Baseline or equivalent baseline measures approved by the appropriate subordinate investment review board. Post-implementation reviews are also conducted on families of related programs intended to achieve composite service outcomes, as directed by the Joint Resources Council, subordinate investment review board, or service organization. The review is conducted 6 to 18 months after deployment at an operational site once the new capability is operating smoothly and users are familiar with it.

4.15.2 Tailoring _{Added 10/2005}

The post-implementation review is tailored to the size, complexity, and importance of the investment program . Activities and costs are scaled appropriately, and may range from periodic surveys or focus-group meetings with users of small, low-cost investment products to multiple site visits by a dedicated cross-functional team of users and stakeholders for large, complex, high-cost investment programs. In all cases, actual operational data from users is gathered and assessed against performance targets. Tailoring is recorded in the PIR strategy section of the Implementation Strategy and Planning attachment to the Exhibit 300 Program Baseline or Resource Planning Data. Costs are included in the cost tables of the program’s OMB Exhibit 300 or Resource Planning Data.

4.15.3 Reporting _{Added 10/2005}

Results are reported to The Vice President (ATO) or Director (other lines of business) responsible for the investment program; the Joint Resources Council at semi-annual service level reviews; the cognizant subordinate investment review board; the PIR Quality Officer; and key stakeholder organizations. Results:

Provide managers with useful information on how best to modify an ongoing investment program to eliminate flaws, improve performance, and better meet the service needs of customers;
Assist senior management in determining whether to continue, modify, or cancel operational programs; and
Aid in the evaluation, planning, and funding of programs during the annual budget cycle, E-Government Strategy Reviews, and the OMB Exhibit 300 process.

Collective results across many reviews on multiple programs are analyzed to identify best practices and learned lessons that improve agency investment planning and control processes, enable more accurate estimates of investment costs and benefits, and ultimately result in better investment decisions.

Collective results across serial reviews on singular investment programs enable managers to determine if actions to improve performance and benefits are working.

4.15.4 Responsibilities _{Added 10/2005}

Subordinate investment review boards oversee the implementation of this policy and the quality of post implementation reviews by service organizations under their purview.

The Vice President (ATO) or Director (other lines of business) of the implementing service organization finances, oversees, coordinates, and acts on the recommendations of post-implementation reviews for investment programs under their control. This official also designates a team leader for each review in consensus with the PIR Quality Officer. The team leader is drawn from the operating service organization to ensure the review is objective.

The team leader is responsible for organizing, planning, conducting, and reporting the assigned review.

Service organizations provide the resources and people for conducting the review, as agreed in the Implementation Strategy and Planning attachment to the Exhibit 300 Program Baseline or Resource Planning Data.

The PIR Quality Officer sustains the post implementation review process and associated guidance and recommends improvements; assists teams with PIR planning, tailoring, and reporting; and assesses the objectivity and quality of reviews for investment review boards. The PIR Quality Officer also provides for training of PIR team leads and members, and supports the Acquisition Executive in the identification of ways to improve investment planning and control processes.

4.15.5 Post Implementation Review Guidance _{Added 10/2005}

Post Implementation Review Standard Process Guidance is located in FAST at http://fast.faa.gov. This guidance defines the activities that should be followed when planning, conducting, and reporting the results of a post implementation review. For each activity, it defines what should be done, the responsible agent, any product or output, the approving official, and links to other tools or aids.

4.16 Earned Value Management _{Added 10/2005}

All organizations responsible for FAA capital investment programs that involve development, modernization, or enhancement are required to develop and implement an earned value management (EVM) system consistent with guidance in FAST (link to EVM Guide). The objective is integration of all related management disciplines (e.g., systems engineering, cost estimating, procurement, scheduling, and risk management) using earned value management to effectively support program execution. Earned value management provides the FAA with timely, accurate, and integrated cost, schedule, and technical performance information for both the total investment program and individual supporting contracts. It continuously measures the quantity and value of completed work and enables the forecast of reliable estimates of future performance.

4.16.1 Program Requirements _{Added 10/2005}

Development, modernization, and enhancement programs must use an EVM system based on the guidelines in American National Standard ANSI/EIA-748, Earned Value Management Systems, for the total program effort, including both government and contractor work, according to the following table. Major investment programs are those required by the Office of Management and Budget to submit an OMB Exhibit 300. The Joint Resources Council or appropriate subordinate investment review board designates non-major programs required to have an EVMS.

FAA Program EVMS Requirements

	Program Type	Program Type	Program Type
EVMS Requirements	Major	Non-Major	Other
Exhibit 300	R	T	O
Integrated Master Schedule	R	T	O
Integrated Baseline Review	R	T	O
EVM Standard Compliance	R	R	O
EVM System Certification	R	O	O

R = Required by approving authority
T = Tailored: requirement may be tailored by program
O = Optional

4.16.2 Contract Requirements _{Revised 4/2006}

Contractor EVM implementation must be consistent with the program’s acquisition strategy (JRC approved OMB-300 Attachment 3, Implementation Strategy and Planning (ISP) document, section 5.6, Program Control). All capital investment programs must use the following table to determine the application of EVM to the development, modernization, and enhancement work assigned to contractors. The requirements apply to all contract types. On an exception basis, low-risk contractor efforts, i.e., firm fixed price production, may implement EVM within a FAA program office at the program level. Contractor EVM implementation must be based on an assessment of the cost, schedule, and technical performance risk of each contract.

FAA Contract EVMS Requirements

	Total Contract Value ($M)	Total Contract Value ($M)
EVMS Requirements	>$10	<$10
Contract Performance Report	R	O
Integrated Master Schedule	R	O
Integrated Baseline Reviews	R	O
EVMS Standard Compliance	R	O
EVM System Certification	R	O

R = Required by approving authority
O = Optional

4.16.3 EVMS Certification Requirements _{Added 10/2005}

Capital investment programs required to use an EVM system in accordance with AMS Section 4.16.1 must be certified as meeting the guidelines of ANSI/EIA-748. The EVM Focal Point (ATO-A) assesses and validates EVM implementation and monitors application to ensure compliance. The AIO Value Management Office (AIO) certifies program EVM systems.

FAA contractors required to use an EVM system in accordance with AMS Section 4.16.2 must be certified as meeting the guidelines of ANSI/EIA-748. Contractor EVM implementation must be validated by the Contracting Officer, assisted by the EVM Focal Point. The EVM Focal Point determines whether a contractor requires an EVMS certification review or whether an existing certification and EVM surveillance process are acceptable. The EVM Focal Point will establish agreements with other government agencies to recognize contractor EVM certifications and surveillance reports.

4.17 Operational Analysis _{Added 4/2007}

Service teams evaluate on a continuing basis the actual cost and performance of all in-service capital assets for which they are responsible against baseline values in the Exhibit 300 Program Baseline or equivalent documentation. The objective is to demonstrate whether an operational investment (or parts of an investment) is meeting the needs of the agency and delivering expected value and safety efficiently and effectively or whether the investment should be modernized, replaced, or removed from service. Operational analysis also identifies smarter and more cost-effective methods for delivering performance and value. Results are reported at semi-annual service-level reviews to the Joint Resources Council and factored into annual Exhibit 300 submissions to the Office of Management and Budget. Results also feed into continuous service analysis, which establishes the basis for long-range asset and investment planning by service organizations. Go to Operational Analysis Guidance for guidance on how to conduct and report operational analysis results. Go to Operational Analysis Report Template for the template and instructions for the operational analysis report.

Appendix A: Roles and Responsibilities _{Revised 10/2008}

JOINT RESOURCES COUNCIL

Approves the FAA investment portfolio each year as part of the budget submission process;
Approves the FAA enterprise architecture;
Makes the decision to approve a new investment program for inclusion in a service portfolio at the conclusion of investment analysis;
Selects a solution;
Establishes an investment program and assigns it to a service organization;
Baselines program requirements in Exhibit 300 program baseline attachment 1: Program Requirements;
Approves the Exhibit 300 program baseline;
Commits the FAA to full funding of the approved investment program phase;
Identifies any future corporate decisions and levels of empowerment for the service organization during solution implementation and in-service management;
Makes Exhibit 300 program baseline change decisions that alter program performance, cost, schedule, and benefits baselines during solution implementation or in-service management;
Approves FAA budget submissions for the RE&D, and F&E appropriations, and reviews the O&M appropriation. The Administrator approves the O&M budget before submission to the Office of the Secretary for Transportation;
Makes production and in-service decisions or assigns approval authority to another organization; and
Participates in service-level reviews to manage ongoing investment programs, including operational assets.

The Joint Resources Council has the following core members:

Acquisition Executive;
Chief Operating Officer;
Associate Administrator for Aviation Safety;
Chief Information Officer;
General Counsel;
Chief Financial Officer;
Associate Administrator for Region and Center Operations;
Associate Administrator for Airports; and
ATO Financial Officer.

The following members attend JRC meetings when the decision concerns their organizational responsibilities:

Associate Administrator for Commercial Space Transportation;
Assistant Administrator for Aviation Policy, Planning, and Environment; and
Director for Joint Planning and Development Office.

ATO EXECUTIVE COUNCIL

Reviews and recommends to the Joint Resources Council for approval investment opportunities for assigned elements of the enterprise architecture (e.g., air traffic control services and the National Airspace System);
Coordinates and integrates activity across service organizations for assigned elements of the enterprise architecture to ensure resources are directed at priority FAA strategic and performance goals and to ensure there is no overlap or redundancy; and
Oversees execution of those investment programs assigned by the Joint Resources Council.

INFORMATION TECHNOLOGY EXECUTIVE BOARD

Reviews and approves OMB Exhibit 300s for designated information technology capital investments during the annual budget cycle before submission to the Department of Transportation and OMB;
Reviews and recommends to the Joint Resources Council for approval investment opportunities for assigned elements of the enterprise architecture (e.g., administrative systems, some mission support services, certain NAS investments);
Coordinates and integrates activity across service organizations for assigned elements of the enterprise architecture to ensure resources are directed at priority FAA strategic and performance goals and to ensure there is no overlap or redundancy;
Oversees execution of information technology investments assigned by the JRC; and
Makes investment decisions in areas specified by the Joint Resources Council.

ASSOCIATE AND ASSISTANT ADMINISTRATORS AND THE CHIEF OPERATING OFFICER

Require service analysis for designated business areas within the line of business;
Approve entry into initial investment analysis;
Recommend changes to the enterprise architecture;
Provide staff support to the concept and requirements analysis and investment analysis for service needs within the line of business;
Jointly approve the Exhibit 300 program baseline with the Acquisition Executive, Chief Financial Officer, and Chief Information Officer for programs within the line of business;
Implement a non-material solution to a service need that emerges any time during mission analysis or investment analysis; and
Oversee investment program execution by service organizations within the line of business.

ACQUISITION EXECUTIVE

Manages Acquisition Management System policy;
Member of the Joint Resources Council;
Jointly approves the Exhibit 300 program baseline with the Chief Financial Officer, Chief Information Officer, and Associate or Assistant Administrator (non-ATO) or Chief Operating Officer (ATO) of the sponsoring line of business;
Chairs the Joint Resources Council at the investment decision and at Exhibit 300 program baseline change decisions;
Chairs service-level reviews; and
Approves OMB Exhibit 300s for designated capital investments before submission to the Department of Transportation and OMB.

VICE PRESIDENTS AND SERVICE DIRECTORS

Have overall responsibility and accountability for the delivery of services by the service unit or service directorate under their management;
Deliver status briefings for their service portfolio to the Joint Resources Council at semi-annual service-level reviews;
Approve plans for concept and requirements definition and assign necessary human resources;
Make the decision to enter concept and requirements definition after all entrance criteria are satisfied;
Approve plans for investment analysis and assign necessary human resources;
Approve attachments 1 (program requirements) and 3 (implementation strategy and planning) of the Exhibit 300 program baseline;
Oversee the annual update and submission of the OMB 300 Exhibit for designated investment programs; and
Approve updates to the implementation strategy and planning document during in-service management and forwards signed updates to the JRC Executive Secretariat.

JOINT RESOURCES COUNCIL EXECUTIVE SECRETARIAT

The JRC Executive Secretariat manages the investment decision-making process for the JRC and for the ATO Executive Council. The JRC Executive Secretariat:

Facilitates the efforts of service organizations to ensure timely and effective investment decision-making;
Uses AMS-based criteria to evaluate the status of each program seeking an investment decision before scheduling the program for a JRC or JRC subordinate investment review board decision;
Coordinates JRC and ATO Executive Council meeting dates and arranges logistics;
Processes JRC-related tailoring requests;
Manages the paper JRC process;
Prepares records of decision from JRC meetings, minutes from JRC service-level reviews, and notes from ATO Executive Council meetings related to investment decisions;
Maintains the official repository of investment decision documentation, records of decision, meeting minutes and assigned action items; and
Develops and maintains JRC guidance documents and processes.

CAPITAL INVESTMENT TEAM

The capital investment team (CIT) is composed of senior-level staff and managers from ATO-Finance, ATO-Operations Planning, the FAA’s Office of Financial Services, and management representatives of non-ATO offices when their programs are being reviewed; responsible for supporting the ATO Chief Financial Officer, the ATO-Executive Committee and the Joint Resources Council in establishing and maintaining year-round prioritization of all ongoing and proposed investment programs, performing budget impact assessments for new proposed investment programs, preparing annual budget submissions, and preparing reprogramming of funds recommendations. Functional disciplines on the team include operational air traffic control expertise, system engineering, investment analysis, and capital and operations budgeting. The CIT:

Reviews ATO investment programs and provides recommendations to the ATO Vice President of Finance prior to JRC presentation and approval to assess business justification, budget affordability, and program priority;
Formulates ATO Capital R&D funding requirements;
Reviews non-ATO investments proceeding to the JRC and provides business based, objective recommendations to the ATO Vice President of Finance for use on the JRC;
Performs corporate budget formulation and execution, including budget impact assessments, and recommendations of funding offsets and reprogramming due to program baseline changes, marks/pass-backs from OST, OMB, and Congress; and
Establishes and maintains an up-to-date prioritization of all on-going and proposed investment programs for use in budget impact assessments and determination of offsets.

DIRECTOR, OFFICE OF SAFETY MANAGEMENT

Conducts independent operational test and evaluation for programs as directed by the Joint Resources Council; and
Co-approves the test section of the Exhibit 300 program baseline attachment 3: Implementation Strategy and Planning for programs designated for IOT&E.

PRODUCT OR SERVICE TEAM

Develops, procures, and delivers products or services for users or customers;
Manages each investment program's Exhibit 300 program baseline and predicts and reports breaches to management;
Updates the OMB Exhibit 300 annually;
Assists in development of the program requirements recorded in attachment 1: Program Requirements of the Exhibit 300 program baseline;
Develops cost and schedule baselines for alternative solutions during final investment analysis;
Acquires new or improved capability for services and products throughout their lifecycle;
Keeps planning current during solution implementation and in-service management in the Exhibit 300 program baseline attachment 3: Implementation Strategy and Planning;
Supports the conduct of post-implementation reviews;
Assesses operational assets annually at a minimum to determine whether they should continue in service as is or be modified, upgraded, or removed from service; and
Ensures coordination and obtains input from subject-matter experts in critical functional disciplines. These disciplines vary, depending on the type of program, but typically include; management of requirements; test and evaluation; deployment planning; logistics support; procurement planning; real property; acquisition, management, and disposal; configuration management; earned value management; human factors; environmental, occupational safety and health, and energy considerations; information technology; system engineering; security; system safety management; spectrum management; risk management; regulation and certification; telecommunications. The service organization is responsible to ensure that all relevant disciplines have been contacted whether or not they appear in the above list.

PRODUCT OR SERVICE TEAM LEADER

Serves as the Source Selection Official if a procurement is subject to the JRC investment-decision process (unless otherwise designated by the JRC);
Serves as spokesperson for the team;
Guides, encourages, and coaches team members;
Leads and facilitates team efforts without dominating the process;
Keeps the team focused on consensus decision-making and ensures individual team members do not dominate team deliberations;
Ensures all program stakeholders are members of the team and that they participate in team decision-making;
Leads development of an investment program’s cost, schedule, benefits, and performance program baseline and presents it for review and approval;
Determines the management approach for an investment program and applicable contracts based on program size, complexity, risk, and FAA earned value management policy;
Manages the program baseline and reports performance information to management, including anticipated or actual breaches with corrective actions or a request for a revised program baseline;
In consultation with the Contracting Officer, determines the acquisition strategy for obtaining the selected solution and establishes the appropriate earned value management and reporting applications for each contract;
Assures FAA’s program needs are acquired through the appropriate source selection process and assures SIRs include adequate definition of requirements;
Assures qualified technical evaluators, if required, assist the source evaluation team in the evaluation; and
In consultation with the Contracting Officer, conducts the Integrated Baseline Review, assisted by the Contracting Officer’s Technical Representative.

CONTRACTING OFFICER

Serves as the Source Selection Official for procurements not subject to the JRC investment-decision process;
Ensures, when applicable, conflict of interest documentation is obtained from the Source Selection Official and all source evaluation team members; with legal counsel, determines if any actual or apparent conflict of interest exists and if so resolves or mitigates the conflict;
Ensures source evaluation team members are briefed on sensitivities of the source selection process, prohibition against unauthorized disclosure of information (including their responsibility to safeguard proposals and any documentation related to the source selection team proceedings), and requirements concerning conflict of interest; ensures Source Selection Official and source evaluation team members provide nondisclosure of information statements;
Coordinates communications with industry, controls all written documentation issued to industry, and conducts all debriefings;
Participates during screening, selection, and debriefing phases of source selection to ensure fair treatment of all offerors;
Issues letters, public announcements, screening information requests and amendments, and other procurement documents;
Ensures the contract is signed by a contractor's representative with the authority to bind the contractor; with legal counsel, ensures all contractual documents comply with applicable laws, regulations, and policies;
Executes, administers, and terminates contracts and makes related determinations and decisions that are contractually binding.

SOURCE SELECTION OFFICIAL

Assures source evaluation team competence, cohesiveness, and effectiveness;
Assigns responsibility to a source evaluation team member to mark all source selection sensitive information with the designation "source selection sensitive information."
Approves source evaluation plans and assures the evaluation conforms to the stated evaluation criteria; and
Makes down-select decisions and assumes full authority to select the source for award.

SOURCE EVALUATION TEAM

Drafts all SIRs;
Formulates the source evaluation plan;
Reviews existing lessons learned reports that provide meaningful insight into the procurement;
Ensures an in-depth review and evaluation of each submitted screening document against FAA requirements and stated evaluation criteria;
Prepares the source evaluation report (including recommendations, if requested) so the SSO may make down selection and/or award decisions, and if requested by the SSO, prepares documentation for the SSO's decision rationale;
Oversees all procedural and administrative aspects of the procurement;
Selects advisors to assist the team in its evaluation, if required;
Participates in all debriefings; and
Prepares a lessons learned memorandum after completing the source selection.

OFFICE OF THE CHIEF COUNSEL

Represents the FAA's legal interests on product or service teams engaged in the acquisition of goods and services in support of the FAA's mission;
Exercises independent professional judgment, advises teams on relevant legal, governmental, and business issues, and promotes the legality and integrity of acquisition actions;
Represents the FAA in connection with procurement-related litigation, alternative dispute resolution and other matters;
Serves as core member of the Joint Resources Council.

OFFICE OF DISPUTE RESOLUTION FOR ACQUISITION

FAA Administrator's impartial administrative forum for adjudication of bid protests and contract disputes arising under the Acquisition Management System;
Provides dispute resolution services to the FAA and it's private business partners, implementing the FAA's policy to utilize Alternative Dispute Resolution (ADR) to the maximum extent practicable;
Conducts a streamlined adjudication process for matters un-resolvable through ADR;
Provides "Findings and Recommendations", and issues orders and decisions supported by the case record and law, on behalf of the FAA Administrator;
Promulgates and operates in accordance with rules of procedure; and
Recommends changes to the Acquisition Management System.

SERVICE ORGANIZATIONS

Plan and manage resources as assigned by the Joint Resources Council to deliver services within their service area of responsibility;
Conduct service analysis for assigned services and plan service delivery;
Maintain consistency between service area planning and FAA strategic and performance goals;
Work with the appropriate systems engineering organization to develop concepts of use and requirements, as required;
Work with the appropriate systems engineering organization to determine realistic alternative solutions to service area needs; and
Identify, justify, obtain, and manage research, study, and analysis within their service area of responsibility.

ATO OPERATIONS PLANNING ORGANIZATION

Manages the corporate research budgeting process;
Coordinates annual development of the National Aviation Research Plan;
Interfaces with OST, OMB, Congress, trade organizations, industry, international organizations, and other government organizations for FAA-level research issues; and
Oversees and coordinates the ATO strategic management process.

SYSTEMS ENGINEERING ORGANIZATIONS

Work with both corporate mission analysis and service organizations to ensure consistency between service area planning and the long-range strategic direction of the FAA;
Work with service organizations to translate user needs into a sequenced and traceable architecture that defines the functions and sub-functions necessary to achieve intended services or operational capability;
Work with service organizations to determine realistic alternative solutions to service need and assess their impact on the enterprise architecture;
Work with service organizations to conduct service analysis and incorporate associated recommendations into the enterprise architecture; and
Work with service organizations to develop the Exhibit 300 program baseline attachment 1: Program Requirements.

ATO SYSTEMS ENGINEERING ORGANIZATION

Performs corporate-level mission analysis;
Oversees the NAS segment of the enterprise architecture;
Coordinates service analysis activity across service organizations to ensure alignment with FAA strategic and performance goals and to eliminate redundant activity, duplicate benefits, service gaps, and service overlap;
Develops and maintains standards and tools for conducting service analysis;
Assists service organizations in establishing a service analysis capability and conducting service analysis; and
Leads planning and activities for concept and requirements definition

CHIEF FINANCIAL OFFICER

Jointly approves the Exhibit 300 program baseline with the Acquisition Executive, Chief Information Officer, and the Associate or Assistant Administrator (non-ATO) or Chief Operating Officer (ATO) of the sponsoring line of business at the final investment decision;
Serves as a core member of the Joint Resources Council; and
Approves OMB Exhibit 300s for designated capital investments before submission to the Department of Transportation and OMB.

CHIEF INFORMATION OFFICER

Serves as a core member of the Joint Resources Council;
Chairs the Information Technology Executive Board;
Approves OMB Exhibit 300s for designated capital investments before submission to the Department of Transportation and OMB;
Jointly approves the Exhibit 300 program baseline with the Acquisition Executive, Chief Financial Officer, and the Associate or Assistant Administrator (non-ATO) or Chief Operating Officer (ATO) of the sponsoring line of business at the final investment decision; and
Oversees the enterprise architecture.

AIO VALUE MANAGEMENT OFFICE

Provides process, guidance, training, and consultation to service organizations in the preparation of OMB Exhibit 300s;
Independently scores OMB Exhibit 300s and provides feedback to service organizations
Independently scores Exhibit 300 program baselines and provides feedback to the JRC Secretariat.
Consolidates and reports major program schedule and cost performance data, variance analysis, and corrective action plans to the Information Technology Executive Board, Department of Transportation, and Office of Management and Budget; and
Conducts EVM assessments for programs requiring submission of an Exhibit 300 to OMB and ensures EVM transition plans for those programs are implemented effectively.

EARNED VALUE MANAGEMENT FOCAL POINT

Serves as the FAA EVM executive agent;
Assists program managers and business managers to apply EVM system requirements to capital investment programs and contracts;
Coordinates EVM activities for FAA with other government agencies and with industry and professional associations; and
Collects monthly schedule and cost performance data, variance analysis and corrective action plans for major programs.

IN-SERVICE DECISION SECRETARIAT

The in-service decision secretariat manages the deployment planning process for the JRC and for the ATO Executive Council. The secretariat:

Coordinates with the JRC executive secretariat to verify that JRC readiness criteria for a final investment decision have been satisfied;
Facilitates the efforts of service organizations to ensure timely and effective in-service decision-making;
Uses AMS-based criteria to evaluate the status of each program seeking an in-service decision before scheduling the program for a stakeholder and in-service decision meeting;
Prepares records of decision; and
Tracks ISD action plans until closure.

Appendix B: Acquisition Planning and Control Documents _{Revised 7/2008}

This appendix contains the purpose, approval authority, distribution, and content for AMS planning and control documents. Templates are available for each document in FAST via the internet at http://fast.faa.gov.

The documents are:

Exhibit 300 Program Baseline, including
Attachment 1: Program Requirements
Attachment 2: Business Case Analysis Report
Attachment 3: Implementation Strategy and Planning

These documents are structured as an integrated set with clear progression and traceability from service-level mission need to requirements to implementation strategy to actions and work activities. Attachments to the Exhibit 300 program baseline supplement planning information and do not duplicate anything. Template instructions are comprehensive in scope to accommodate complex investment programs. They are tailored to be appropriate for each specific investment program.

Exhibit 300 Program Baseline _{Revised 8/2008}

download Exhibit 300 Program Baseline Signature template

download OMB A-11 Exhibit 300 template

download OMB A-11 Supplement - Capital Programming Guide

download OMB Circular A-11 Exhibit 53 template

PURPOSE

The Exhibit 300 program baseline is the agreement between the Joint Resources Council and the service organization concerning the capability and benefits a program phase will provide and the resources and schedule it will have. It contains performance measures for assessing program success and for advancing it through the lifecycle management process.

APPROVAL
The Acquisition Executive, Chief Operating Officer (ATO) or Associate Administrator (non-ATO) of the line of business with the mission need, Chief Information Officer and Chief Financial Officer approve the Exhibit 300 program baseline.

DISTRIBUTION
Send an electronic copy of the Exhibit 300 program baseline and updates to the JRC Secretariat before a decision meeting per instructions in the JRC Secretariat quick-start guide. The JRC Secretariat maintains a database of all line-of-business Exhibit 300 program baselines.

CONTENT
The Exhibit 300 instruction in OMB Circular A-11 defines the content of the Exhibit 300 program baseline. The program requirements template in FAST defines the content of attachment 1: Program Requirements. The business case analysis report template in FAST defines the content of attachment 2: Business Case Analysis Report. The implementation strategy and planning template in FAST defines the content of attachment 3: Implementation Strategy and Planning.

Exhibit 300 Program Baseline Attachment 1: Program Requirements _{Revised 8/2008}

download Program Requirements template

PURPOSE
Exhibit 300 program baseline attachment 1: Program Requirements establishes the operational framework and performance baseline for an investment program. It is the basis for evaluating the readiness of products and services of the investment program to become operational.

APPROVAL
The Vice Presidents (ATO) or Directors (non-ATO) of the service organization with the mission need and the operating service organization approve the program requirements attachment.

DISTRIBUTIONSend an electronic copy of the Program Requirements attachment and updates to the JRC Secretariat before a decision meeting per instructions in the JRC Secretariat quick-start guide. The JRC Secretariat maintains a database of all line-of-business program requirements attachments.

CONTENTAt the readiness for investment analysis decision, the program requirements attachment defines preliminary functional and performance requirements any potential solution to mission need must satisfy. At the final investment decision, the program requirements attachment defines exactly the operational concept and requirements the investment program must achieve.

The author shall use the program requirements template in FAST on the Internet at http://fast.faa.gov and shall provide information for all sections. For sections that do not apply, the author so indicates.

Exhibit 300 Program Baseline Attachment 2: Business Case Analysis Report _{Revised 8/2008}

download Business Case Analysis Report template

PURPOSE
The business case analysis report provides summary information from investment analysis not found in the main sections of the Exhibit 300 program baseline for use by the Joint Resources Council when making initial and final investment decisions.

APPROVAL

The Vice President or Director of the service organization or line of business approves the business case analysis report.

DISTRIBUTION
Send an electronic copy of the business case analysis report attachment and updates to the JRC Secretariat before a decision meeting per instructions in the JRC Secretariat quick-start guide. The JRC Secretariat maintains a database of all line-of-business business case analysis report attachments.

CONTENT
The business case analysis report synopsizes the results of investment analysis. At the initial investment decision, it describes alternatives, assumptions, and constraints, and provides full lifecycle cost estimates, benefit estimates, schedule analysis, risk analysis, and economic analysis for each alternative. At the final investment decision, it updates this information and records full lifecycle information for the alternative selected for implementation.

The author shall use the business case analysis report template in FAST on the Internet at http://fast.faa.gov and shall provide information for all sections.

Exhibit 300 Program Baseline Attachment 3: Implementation Strategy and Planning _{Revised 8/2008}

download Implementation Strategy and Planning template

PURPOSE
Implementation strategy and planning defines the overall lifecycle management strategy for an investment program and contains a network of detailed actions and activities the service organization will undertake to implement the phase of the program approved by the Joint Resources Council. Planning in the attachment encompasses and integrates all aspects of program implementation. This may include acquisition of systems and equipment, construction or modification of facilities and the physical infrastructure, functional integration within the enterprise architecture, and procurement of services. The attachment also integrates activity in diverse functional disciplines supporting the program such as systems engineering, contracting, system safety management, logistics support, test and evaluation, security, configuration management, human integration, quality assurance, post implementation review, and operational analysis. The attachment is reviewed annually and updated as needed throughout solution implementation and in-service management.

APPROVAL
The Vice Presidents (ATO) or Directors (non-ATO) of the service organization with the need and the operating service organization approve the implementation strategy and planning attachment. Approval occurs before the final investment decision after completion of detailed program planning. The Director, Independent Operational Test and Evaluation (IOT&E), approves the test section for those programs designated for IOT&E. The planning attachment is reviewed annually and updated as needed or when a rebaseline decision is requested for the Exhibit 300 program baseline.

DISTRIBUTION
Send an electronic copy of the implementation strategy and planning attachment and updates to the JRC Secretariat before a decision meeting per instructions in the JRC Secretariat quick-start guide. The JRC Secretariat maintains a database of all line-of-business implementation strategy and planning attachments.

CONTENT
The implementation strategy and planning attachment supplements information in the Exhibit 300 program baseline. Part 1 defines the lifecycle management strategy for the overall investment program. Part 2 is a network of actions and activities that will be undertaken to execute the phase of the program approved for implementation by the Joint Resources Council.

The author shall use the implementation strategy and planning template in FAST on the Internet at http://fast.faa.gov when preparing the attachment and shall provide information for all sections. For any sections covered in the main sections of the Exhibit 300 program baseline, the author references the specific Exhibit 300 section number and title. For sections that do not apply to the investment program, the author so indicates.

Appendix C: Definitions _{Revised 10/2008}

Access. In general the term "access" is defined as the ability to physically enter or pass through an FAA area or a facility; or having the physical ability or authority to obtain FAA sensitive information, materials and resources. In relation to classified information, the ability, authority or opportunity to obtain knowledge of such information or materials.

Approval. The agreement that an item is complete and suitable for its intended use.

Acquisition planning is the process by which all acquisition-related disciplines of an investment program are developed, coordinated, and integrated into a comprehensive plan for executing the program and meeting the stated requirements within the cost and schedule boundaries. Acquisition planning is normally associated with detailed program planning during final investment analysis, but is also important at other times of the lifecycle management process.

Acquisition strategy. The overall concept and approach of an investment program for acquiring a capability to meet the requirements and perform within the boundaries set forth in the Exhibit 300 program baseline. The strategy considers all aspects of a program such as acquisition approach, contracting, logistics, testing, systems engineering, risk management, program management, impact on facilities, human factors, schedules, and cost. The results are documented in attachment 3: Implementation Strategy and Planning of the Exhibit 300 program baseline during final investment analysis.

Affiliate business is a business that controls or has the power to control another business, or a third party that controls or has the power to control another business (contractual relationships must be considered).

Agency/organization program coordinator (AOPC) (also referred as contracting officer's technical representative) means an individual designated by the ordering agency/organization to perform contract administration within the limits of delegated authority. The individual shall have overall responsibility for the purchase/credit card program within their bureau, agency/organization or region and may determine who the approving officials or cardholders will be.

Agreement with a state government, local government, and/or public authority is a written agreement between the FAA and a state or local government or public authority where the FAA agrees to receive from, or exchange supplies or services with, the other party.

Agreements with private parties are written documents executed by the parties, which call for the exchange of services, equipment, personnel, or facilities, or require the payment of funds to the FAA, or confirm mutual aid and assistance and outline the specific responsibilities of each party. The term includes agreements under which the FAA provides services, equipment, personnel, or facilities and obtains reimbursement on a negotiated basis from the other party. The term excludes procurement contracts for real estate, supplies and services.

Agreements with public entities other than Federal agencies are written documents executed by the parties which call for the exchange of services, equipment, personnel, or facilities, or require the payment of funds to the FAA, or confirm mutual aid and assistance and outline the specific responsibilities of each party. The term includes agreements under which the FAA provides services, equipment, personnel, or facilities and obtains reimbursement on a negotiated basis from the other party.

Alternative dispute resolution (ADR). Any procedure or combination of procedures voluntarily used to resolve issues in controversy without the need to resort to litigation. These procedures may include, but are not limited to, assisted settlement negotiations, conciliation, facilitation, mediation, fact-finding, mini-trials, and arbitration. These procedures may involve the use of neutrals.

Approving official (AP) means a government employee(s) within the organization who has a number of cardholders under his/her purview and determines that the cardholder's purchases are made within applicable regulations, policies, and procedures.

Architect-engineer services are: (1) professional services of an architectural or engineering nature, as defined by State law, if applicable, which are required to be performed or approved by a person licensed, registered, or certified to provide such services; (2) professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration, or repair of real property; and (3) such other professional services of an architectural or engineering nature, or incidental services, which members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform, including studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals, and other related services.

Associate program manager for logistics. An integrated logistics support specialist responsible for ensuring that all NAS integrated logistics support requirements are identified and satisfied for each piece of equipment in the lifecycle management process, RE&D program, and major equipment modification program.

Auctioning techniques is a method of screening vendors using commercial competition techniques, and includes such techniques as indicating to an offeror a cost or price that it must meet to obtain further considerations; advising an offeror of its price standing relative to another offeror; and otherwise furnishing information about other offerors' prices. This may only be used for commercially available products.

Baseline. (1) An agreed-to-description of the attributes of a product, at a point in time, which serves as a basis for defining change; (2) an approved and released document, or a set of documents, each of a specific revision; the purpose of which is to provide a defined basis for managing change; (3) the currently approved and released configuration documentation; or (4) a released set of files consisting of a software version and associated configuration documentation.

Best value. A term used during procurement source selection to describe the solution that is the most advantageous to the FAA, based on the evaluation of price and other factors specified by the FAA. This approach provides the opportunity for trade-offs between price and other specified factors, and does not require that an award be made to either the offeror submitting the highest rated technical solution, or to the offeror submitting the lowest cost/price, although the ultimate award decision may be to either of these offerors.

Budget impact assessment. The process of assessing the budget impact of each alternative solution developed in the investment analysis phase against all existing programs in the FAA's financial baseline for the same years. Standard criteria are used to determine the priority of the candidate program in relation to all others. If the amount of funding available for the years in question is insufficient, offsets from lower priority programs are identified. A budget impact assessment is also performed when considering program baseline changes for existing programs that involve an increase in the cost baseline and the need to reallocate resources.

Business case analysis report summarizes the analytical and quantitative information developed during investment analysis in the search for the best means for satisfying mission need. It is the primary information document supporting the initial investment decision.

Cancellation is the termination of the total requirements of all remaining program years of a multi-year contract. Cancellation results when the contracting officer notifies the contractor of nonavailability of funds for contract performance for any subsequent program year, or fails to notify the contractor that funds are available for performance of the succeeding program year requirement.

Cancellation ceiling is the maximum amount that the FAA will pay the contractor which the contractor would have recovered as a part of the unit price, had the contract been completed. The amount, which is actually paid to the contractor upon settlement for unrecovered costs (which can only be equal to or less than the ceiling), is referred to as the cancellation charge. This ceiling generally includes only nonrecurring costs.

Capability maturity model (CMM). A descriptive model of the stages through which organizations progress as they define, implement, evolve, and improve their processes. This model serves as a guide for selecting process improvement strategies by facilitating the determination of the current process capabilities and the identification of issues most critical to quality and process improvement within a particular domain, such as software engineering, software acquisition, or systems engineering.

Capability maturity model-based evaluation. An appraisal made by a trained team of professionals, using an established method to (1) identify contractors qualified to perform certain tasks, or (2) monitor the state of the processes used on an existing effort.

Capability shortfalls, within the context of mission analysis, refers to the difference between the projected demand for services and ability to meet that demand with the current capability.

Capital Investment Team (CIT). A team of senior-level staff and managers from ATO-Finance, ATO-Operations Planning, the FAA’s Office of Financial Services, and management representatives of non-ATO offices when their programs are being reviewed; responsible for supporting the ATO Chief Financial Officer, the ATO-Executive Committee and the Joint Resources Council in reviewing investment programs, establishing and maintaining year-round prioritization of all ongoing and proposed investment programs, performing budget impact assessments for new proposed investment programs, preparing annual budget submissions, and preparing reprogramming of funds recommendations.

Capital Planning and Investment Control (CPIC). The process used by FAA management to identify, select, control, and evaluate proposed capital investments. The CPIC process encompasses all stages of capital management including planning, budgeting, procurement, deployment, and assessment. Within the FAA, the Acquisition Management System is the CPIC process.

Mission analysis and investment analysis are the “select” portion of the CPIC process, solution implementation is the “control” phase, and in-service management is the “evaluate” phase.

Cardholder means the individual government employee with the organization who is a warranted contracting officer or to whom a written delegation of procurement authority has been issued by the cognizant Chief of the Contraction Office or designee granting the use of the purchase and credit transactions made within the established billing period.Card issuing bank (CIB) means the bank which issues cards to cardholders and submits monthly statements to the cardholders, approving officials, and finance offices detailing amounts of purchases and credits made by cardholders.

Claim, as used herein, means a contract dispute.

Classified information. Official information or material that requires protection in the interest of national security and is classified for such purpose by appropriate classification authority in accordance with the provisions of Executive Orders 12958 "Classified National Security Information", 12968 "Access to Classified Information", and 12829 "National Industrial Security Program".

Commercial component means any component that is a commercial item. The term component means any item supplied to the Federal government as part of an end item or of another component. See Commercial Item.

Commercial item can mean any of the following: [Note: For purposes of this document, the term "commercial item" is interchangeable with the terms "commercially available", "commercial component(s)", "commercial product(s)", and "commercial off-the-shelf (COTS)"]:

(A) Any item, other than real property, that is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes and that has been sold, leased, licensed to the general public; or has been offered for sale, lease, or license to the general public.

(B) Any item that evolved from an item described in paragraph (A) through advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a government solicitation.

(C) Any item that would satisfy a criterion expressed in paragraphs (A) (B) of this definition, but for-(i) modifications of a type customarily available in the commercial marketplace; or (ii) modifications of a type not customarily available in the commercial marketplace made to meet Federal government requirements.

(D) Any combination of items meeting the requirements of paragraphs (A), (B), (C), or (E) of this definition that are of a type customarily combined and sold in combination to the general public.

(E) Installation services, maintenance services, repair services, training services, and other services if such services are procured for support of an item referred to in paragraph (A), (B), (C), or (D) of this definition, and if the source of such services--(i) offers such services to the general public and the Federal government contemporaneously and under similar terms and conditions; and (ii) offers to use the same work force for providing the Federal government with such services as the source uses for providing such services to the general public.

(F) Services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed under standards commercial terms and conditions. This does not include services that are sold based on hourly rates without an established catalog or market price for specific service performed.

(G) Any item, combination of items, or service referred to in paragraphs (A) through (F), notwithstanding the fact that the item, combination of items, or service is transferred between or among separate divisions, subsidiaries, or affiliates of a contract; or

(H) An item, determined by the procuring agency to have been developed exclusively at private expense and sold in substantial quantities, on a competitive basis, to multiple state and local governments.

Commercial-off-the-shelf is a product or service that has been developed for sale, lease or license to the general public and is currently available at a fair market value. See Commercial Item.

Commercial product means a product in regular production that is sold in substantial quantities to the general public and/or industry at established catalog or market prices. See Commercial Item.

Commercially available refers to products, commodities, equipment, material, or services available in existing commercial markets in which sources compete primarily on the basis of established catalog/market prices or for which specific costs/prices established within the industry have been determined to be fair and reasonable. See Commercial Item.

Commonality refers to the use of identical parts, components, subsystems or systems to achieve economies in development and manufacture.

Communications, when referring to contracting, means any oral or written communication between the FAA and an offeror that involves information essential for understanding and evaluating an offeror's submittal(s), and/or determining the acceptability of an offeror's submittal(s).

Computer resources support. The facilities, hardware, system support software, software/hardware development and support tools (e.g. compilers, PROM burners), documentation, and personnel needed to operate and support embedded computer systems. These items represent the resources required for the operational support engineering functions and do not include administrative computer resources.

Configuration.(1) The performance, functional, and physical attributes of an existing or planned product, or a combination of products; or (2) one of a series of sequentially created variations of a product.

Configuration audit. Product configuration verification accomplished by inspecting documents, products, and records; and reviewing procedures, processes, and systems of operation to verify that the product has achieved its required attributes (performance requirements and functional constraints), and the product's design is accurately documented. Sometimes divided into separate functional and physical configuration audits.

Configuration change management.(1) A systematic process which ensures that changes to released configuration documentation are properly identified, documented, evaluated for impact, approved by an appropriate level of authority, incorporated, and verified. (2) The configuration management activity concerning the systematic proposal justification, evaluation, coordination and disposition of proposed changes, and the implementation of all approved and released changes into (a) the applicable configurations of a product, (b) associated product information, and (c) supporting and interfacing products and their associated product information.

Configuration documentation. Technical documentation, the primary purpose of which is to identify and define a product's performance, functional, and physical attributes.

Configuration Identification. (1) The systematic process of selecting the product attributes, organizing associated information about the attributes, and stating the attributes; (2) unique identifiers for a product and its configuration documents; or (3) the configuration management activity which encompasses selecting configuration documents; assigning and applying unique identifiers to a product, its components, and associated documents; and maintaining document revision relationships to product configurations.

Configuration management. A management process for establishing and maintaining consistency of a product's performance, functional, and physical attributers with its requirements, design, and operational information throughout its life.

Configuration status accounting. The configuration management activity concerning capture and storage of, and access to, configuration information needed to mange products and product information effectively.

Configuration verification. The action verifying that the product has achieved its required attributes (performance requirements and functional constraints) and the product's design is accurately documented.

Contract is a legal instrument used to acquire products and services for the direct benefit or use by the FAA.

Contract. As used herein denotes the document (for example, contract, memorandum of agreement or understanding, purchase order) used to implement an agreement between a customer (buyer) and a seller (supplier).

Contract dispute as used herein, means a written request seeking as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. A claim arising under a contract unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. The term does not include a request for payment of an invoice, voucher, or similar routine payments expressly authorized under the terms of the contract, which have not been rejected by the contracting officer. The term includes a termination for convenience settlement proposal and request for equitable adjustment, but does not include cost proposals seeking definitization of a letter contract or other undefinitized contract action.

Contractor. The party(ies) receiving a direct procurement contract from the FAA and who is responsible for performance of the contract requirements.

Controversy or concern. A material disagreement between the FAA and an offeror that could result in a protest.

Core policy refers to the official governing policy of the Acquisition Management System. It consists of all Sections and Appendixes A-E of this document. All other acquisition information not contained within this policy document is in the form of guidance, processes, references, and other acquisition aids, used by the lifecycle management workforce with discretion and in a manner that makes sense for individual programs. All of this information, including core policy, is considered to be the entire Acquisition Management System. This information may be found within the FAA Acquisition System Toolset on the Internet.

Cost is the contractor's expenses of contract performance, either estimated or actual.

Cost and pricing data refers to all facts that, at the time of the price agreement, the seller and buyer would reasonably expect to affect price negotiations. Cost or pricing data require certification. Cost or pricing data are factual, not judgmental data, and are therefore verifiable. While these data do not indicate the accuracy of the prospective contractor's judgment about estimated future costs or projections, they do include the data utilized to form the basis for that judgment. Cost or pricing data are more than historical accounting data; they are all the facts that can be reasonably expected to contribute to the soundness of estimates of future costs and to the validity of determinations of costs already incurred.

Critical operational issue. A key operational effectiveness or suitability issue that must be examined in operational test and evaluation to determine a product's capability to perform its mission.

Customer. External users of FAA products or services, such as airlines and the flying public. See User.

Data. Recorded information of any nature (including administrative, managerial, financial, and technical), regardless of medium or characteristics.

Demand, as used in the context of mission analysis, is the current or projected demand for FAA products, services, and capacity, based on input from diverse sources such as the aviation community, Enterprise Architecture, long-range planners, and operators and maintainers of the NAS and other FAA support systems.

Design to cost is a concept that establishes cost elements as management goals to best balance between lifecycle cost, acceptable performance, and schedule. Under this concept, cost is a design constraint during the design, development, and production phases, and a management discipline throughout the system lifecycle.

Direct-work maintenance staffing. The direct person-hours required to operate, maintain, and support a product for the duration of its lifecycle.

Disapproval. Conclusion by the appropriate authority that an item submitted for approval is either not complete or is not suitable or its intended use.

Discriminating criteria/key discriminators, used in procurement context, are those factors expected to be especially important, significant, and critical in the ultimate source selection decision.

Dispute as used herein, means a Contract Dispute or Claim.

Dispute resolution officer is a licensed legal practitioner who is a member of the Office of Dispute Resolution, and who has authority to conduct proceedings, which, if agreed to by the parties and concurred in by the FAA Administrator, result in binding decisions on the parties.

Dominant business is a controlling or major influence in a market in which a number of businesses are primarily engaged. Factors such as business volume; number of employees; financial resources; competitiveness; ownership or control of materials, processes, patents, and license agreements; facilities; sales territory; and nature of the business must be considered.

Economically disadvantaged individuals means disadvantaged individuals whose ability to compete in the free enterprise system is impaired due to diminished opportunities to obtain capital and credit as compared to others in the same line of business who are not disadvantaged.

Enterprise Architecture defines the operational and technical framework for all capital assets of the FAA. It describes the agency’s current and target architectures, as well as the transition strategy for moving from the current to the target architecture. The enterprise architecture has three segments: the NAS architecture, the NAS regulatory architecture, and the non-NAS architecture. The non-NAS segment uses the Federal Enterprise Architecture Framework (FEAF). The operational view is split between the business process, application, and data views. The systems view in the FEAF is specified in the technical view.

Enterprise Architecture Products include the operational view family (business rule) and systems view family (engineering). Operational view family components represent a set of graphical and textual products that describe the changes in tasks and activities, operational elements, and information exchanges required to accomplish NAS service delivery or ATO business processes. The business process and application views present this information in the FEAF with the data architecture providing the terms used to describe information exchanges between processes. System view family components represent a set of graphical and textual products that describe systems and interfaces that directly or indirectly support, communicate, or facilitate NAS service delivery or ATO business processes. In the FEAF, interfaces between applications are described in the application view. Also in the FEAF, there is a logical description of systems, but not a physical or geographic description in the enterprise architecture.

Evolutionary product development is the process of establishing a product designed to evolve over time, as opposed to the need for wholesale replacement, to satisfy requirements. The objective is to accommodate rapid insertion of new technology and upgrades, rather than invest in entirely new products.

Exhibit 300 program baseline establishes the performance and benefits requirements to be achieved by an investment program, as well as the cost and schedule boundaries within which the program is authorized to perform. The Exhibit 300 program baseline is a formal document approved by the Joint Resources Council at the final investment decision, and in effect, is a contract between the FAA and the service organization.

FAA disputes resolution system is a process established within the FAA for resolving protests of FAA screening information request and contract awards, as well as contract disputes.

FAA Office of Dispute Resolution for Acquisition is an independent organization within the FAA, reporting to the FAA Chief Counsel, which is staffed with an appropriate number of dispute resolution officers.

Fee is compensation paid to a consultant for professional services rendered.

Firm, as defined for architect-engineering services, is any individual, partnership, corporation, association, or other legal entity permitted by law to practice the professions of architecture or engineering.

Firmware. The combination of a hardware device and computer instructions or computer data that reside as read-only software "burned into" the hardware device; various types of firmware include devices whose software code is erasable/re-programmable to some degree.

First-Level Technical Support. This work comprises maintenance of the National Airspace System infrastructure and includes certifying equipment and performing periodic maintenance, restoration, troubleshooting, and corrective activities.

Functional baseline is the initially approved documentation describing a system's or item's functional, interoperability, and interface characteristics, and the verification required to demonstrate the achievement of those characteristics.

Generic processes. Flowcharts and supporting information, including descriptions, approving officials, references, templates, and other aids that describe each event of a phase of the lifecycle management process. Generic processes are provided to service organizations for guidance to assist in the complex planning, product development, procurement, production, testing, delivery, and implementation activities of this important phase of the lifecycle management process. Generic processes are an integral part of FAST.

Hardware products. Made of material and their components (mechanical, electrical, electronic, hydraulic, pneumatic). Computer software and technical documentation are excluded.

Historically black colleges and universities. Institutions determined by the U.S. Secretary of Education to meet the requirements of 34 CFR 608.2 and listed therein.

Human factors are a multi-disciplinary effort to generate and apply human performance information to acquire safe, efficient, and effective operational systems.

Implementation strategy and planning is the detailed planning document for all aspects of program implementation. It integrates the planning requirements of several previous FAA planning documents including the program master plan, the integrated logistics support plan, the test and evaluation master plan, the program implementation plan, the human factors plan, and the procurement plan. It is recorded in attachment 3 of the Exhibit 300 program baseline.

In-service decision is the decision to accept a product or service for operational use during the solution implementation phase of the lifecycle management process. This decision allows deployment activities, such as installing products at each site and certifying them for operational use, to start.

In-service management phase of the lifecycle management process, is that period of time after a product or service begins operational use, and continues for as long as the product is in use.

Indian means any person who is a member of any Indian tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c) and any "Native" as defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601).

Indian organization means any governing body of any Indian tribe or entity established or recognized by the governing body of an Indian tribe for the purposes of 25 U.S.C., chapter 17.

Indian-owned economic enterprise means any Indian-owned (as determined by the Secretary of the Interior) commercial, industrial, or business activity established or organized for the purpose of profit, provided that Indian ownership shall constitute not less than 51 percent of the enterprise.

Indian tribe means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka and Kodiak) as defined in the Alaska Native Claims Settlement Act, which is recognized by the Federal Government as eligible for services from BIA in accordance with 25 U.S.C. 1452 (c).

Information other than cost or pricing data is any type of information that is not required to be certified, that is necessary to determine price reasonableness or cost realism. This includes pricing, sales, or cost information, and cost or pricing data for which certification is determined inapplicable after submission.

Integrated logistics support is the functional discipline that plans, establishes, and maintains a full lifecycle support system for FAA products and services. This applies to the sustainment and disposal of fielded products and services as well as new investment programs. The objective is the required level of service to the end user at optimal lifecycle cost to the FAA. The logistics manager is the service-team member who plans, establishes, and maintains an integrated product support package for the lifecycle of FAA products and services.

Integrated requirements team. An Integrated Requirements Team is made up of different subject-matter experts from various disciplines to address air traffic system requirements and FAA goals and objectives in a disciplined forum setting. These teams are intended to provide horizontal integration across organizational lines, continuity of requirements throughout the mission and investment analysis phases, and stability of requirements throughout the lifecycle.

Interagency agreement is a written agreement between the FAA and another Federal agency where the FAA agrees to receive from, or exchange supplies or services with, the other agency, and FAA funds are obligated.

Interested party. An interested party is one who:

(1) Prior to the close of a solicitation, is an actual or prospective participant in the procurement, excluding prospective subcontractors; or

(2) After the close of a solicitation, is an actual participant who would be next in line for award under the solicitations scheme if the protest is successful. An actual participant who is not in line for award under the solicitations scheme is ineligible to protest unless that party's complaint alleges specific improper actions or inactions by the agency that caused the party to be other than in line for award. Proposed subcontractors are not eligible to protest.

Where a contract has been awarded prior to the filing of a protest, the awardee may be considered an interested party for purposes of participating in the protest proceedings.

Interface. The performance, functional, and physical attributes required to exist at a common boundary.

Interface Control Documentation. Interface control drawing or other documentation that depicts physical, functional, and test interface characteristics between two or more related or co-functioning items.

Interim Payment is a form of contract financing for cost reimbursement contracts where a contractor is paid periodically during the course of a contract for allowable costs it incurs in the performance of the contract. As interim payments are issued during the course of a contract, they do not include the final payment issued after contract completion.

Intra-agency agreement is a written agreement between the FAA and Office of the Secretary of Transportation or another Department of Transportation operating administration where the requesting organization agrees to provide or exchange supplies or services with the FAA, and FAA funds are obligated.

Investment analysis of the lifecycle management process is conducted to determine the most advantageous solution to an approved mission need. It involves: (1) a market search to determine industry capability, (2) analysis of various alternative approaches for satisfying requirements, (3) and affordability assessment to determine what the FAA can afford, and (4) detailed planning for the alternative selected for implementation.

Investment program. A sponsored, fully funded effort initiated at the investment decision of the lifecycle management process by the Joint Resources Council. An investment program is created at the final investment decision in response to an approved mission need. The goal of an investment program is to field a new capability that satisfies requirements, cost, schedule, and benefits stated in an Exhibit 300 program baseline. Typically an investment program is a separate budgeted line item and may have multiple procurements and several projects, all managed within the single program.

Joint Resources Council is the FAA body responsible for making corporate level decisions.

Learning system is the same as lifecycle management workforce learning system (see below).

Lifecycle. The entire spectrum of activity for an FAA capital asset starting with the identification of need and extending through design, development, production or construction, deployment, operational use, sustaining support, and retirement and disposal.

Lifecycle management process. A depiction of the series of phases and decision points that comprise the lifecycle of FAA products and services.

Lifecycle acquisition management system is a fully coordinated set of policies, processes, and computer-based acquisition tools that guide the lifecycle management workforce through the lifecycle management process from the determination of mission needs to the procurement and lifecycle management of products and services that satisfy those needs.

Lifecycle cost is the total cost to the FAA of acquiring, operating, maintaining, supporting, and disposal of systems or services over their useful life. Lifecycle cost includes total investment costs, development costs, and operational costs and includes all appropriations, RE&D, F&E, and O&M.

Lifecycle management workforce. All individuals who play a role in the lifecycle management process. Service organizations are a major part of the lifecycle management workforce. Also included are those persons associated with strategic planning, mission analysis, investment analysis, users of investment program capabilities and products, and various other functional discipline support organizations.

Line of business. An informal term used to characterize the major organizations of the FAA, headed by the Chief Operating Officer (ATO) or the Associate or Assistant Administrator (non-ATO), having major roles and responsibilities in the Lifecycle Acquisition Management System. They are: Air Traffic Organization, Aviation Safety, Airports, Commercial Space Transportation, and Civil Aviation Security. See Appendix A for Line of Business roles and responsibilities.

Maintenance planning. The process is conducted to determine, evolve, and establish hardware and software maintenance concepts and requirements for the lifecycle of a product.

Maintenance support facility. The permanent or semi-permanent real property assets required to support a product. Maintenance support facility management includes conducting studies to define types of facilities or facility improvements, locations, space needs, environmental requirements, real estate requirements and equipment.

Market survey is used in two different contexts in AMS. In terms of the procurement and contracting process, it refers to any method used to survey industry to obtain information and comments and to determine competition, capabilities, and estimate costs. In terms of the lifecycle management process, market surveys are an integral part of investment analysis. After initial requirements are established, market surveys are used as a basis for identifying all potential material and nonmaterial solutions to mission need.

Memorandum of agreement (MOA) is a written document executed by the parties, which creates a legally binding commitment and may require the obligation of funds. However, when the FAA will acquire services, equipment, personnel, or facilities from a contractor for the direct benefit or use of the FAA, a procurement contract should be used.

Memorandum of understanding (MOU) is a written document executed by the parties which establishes policies or procedures of mutual concern. It does not require either party to obligate funds and does not create a legally binding commitment.

Merchant category codes (MCC) means the codes established by the bankcard associations or banks to identify different types of businesses. Merchants select the codes best describing their business. Approving officials may limit the types of businesses where the card will be accepted by limiting the MCC available to the cardholder.

Metrics are measurements taken over time that monitor, assess, and communicate vital information about the results of a program or activity. Metrics are generally quantitative, but can be qualitative.

Minority Educational Institutions. Institutions verified by the U.S. Secretary of Education to meet the criteria set forth in 34 CFR 637.4. Also includes Hispanic-serving institutions as defined by 20 U.S.C. 1059c(b)(1).

Mission analysis is that part of the lifecycle management process during which continuous analytical activity is performed to evaluate the capacity of FAA assets to satisfy existing and emerging demands for services. It is conducted within the lines of business organizations of the FAA.

Multi-year contracts are contracts covering more than one year but not in excess of five years of requirements. Total contract quantities and annual quantities are planned for a particular level and type of funding as displayed in a current five year development plan. Each program year is annually budgeted and funded and, at the time of award, funds need only to have been appropriated for the first year. The contractor is protected against loss resulting from cancellation by contract provisions, which allows reimbursement of costs included in the cancellation ceiling.

Multi-year funding refers to Congressional authorization and appropriation covering more than one fiscal year. The term should not be confused with two-year or three-year funds which cover only one fiscal year's requirement but permit the Executive Branch more than one year to obligate the funds.

NAS technical documentation. Any set of documents that describe the technical requirements of the National Airspace System.

Neutral means an impartial third party, who serves as a mediator, fact finder, or arbitrator, or otherwise functions to assist the parties to resolve the issues in controversy. A neutral person may be a permanent or temporary officer or employee of the federal government or any other individual who is acceptable to the parties. A neutral person shall have no official, financial, or personal conflict of interest with respect to the issues in controversy, unless such interest is fully disclosed in writing to all parties and all parties agree that the neutral person may serve.

No-year funding refers to Congressional funding that does not require obligation in any specific year or years.

Non-developmental item (NDI) is an item that has been previously developed for use by federal, state, local, or a foreign government and for which no further development is required.

Nonmaterial solution represents a solution to an FAA capability shortfall, which can be (1) implemented without proceeding further in the acquisition management process (Usually identified during Mission Analysis or Investment Analysis); and (2) can be achieved within approved baselines and budgets. Nonmaterial solutions typically are such things as rulemaking changes, operational procedural changes, or transfers of systems between sites.

Nonrecurring costs are those production costs which are generally incurred on a one time basis and include such costs as plant or equipment relocation, plant rearrangement, special tooling and special test equipment, pre-production engineering, initial spoilage and rework, and specialized workforce training.

Operational baseline. The approved technical documentation representing installed operational hardware and software.

Operational readiness, refers to the state of a fielded new system in the NAS. This state is achieved after the system is tested by the FAA at a field test site where it is demonstrated that local site personnel have the ability to fully operate and maintain the new system.

Operational suitability. The capability of a product to be satisfactorily integrated and employed for field use, considering such factors as compatibility, reliability, human performance factors, maintenance and logistics support, safety, and training. The term also refers to the actual degree to which the product satisfies these parameters.

Other transaction. Transactions, as referenced in Public Law 104-264, October 9, 1996, which do not fall into the category of procurement contracts, grants, or cooperative agreements.

Owners. Within context of the Air Traffic Organization, owners of the FAA are the President, Congress, flying public, and American taxpayers.

Packaging, handling, storage and transportation. The resources, processes, procedures, design considerations, and methods to ensure that all subsystem, equipment, and support items are preserved, packaged, handled, and transported properly. Included are environmental considerations and equipment preservation requirements for short and long term storage and transportability.

Performance. A quantitative measure characterizing a physical or functional attribute relating to the execution of an operation or function. Performance attributes include quantity (how many or how much), quality (how well), coverage (how much area, how far), timeliness (how responsive, how frequent), and readiness (availability, mission/operational readiness). Performance is an attribute for all systems, people, products and processes including those for development, production, verification, deployment, operations, support, training and disposal. Thus, supportability parameters, manufacturing process variability, reliability and so forth, are all performance measures.

Performance parameters are those mission-critical performance and lifecycle supportability criteria contained in the Program Requirements attachment to the Exhibit 300 program baseline. They represent the sponsoring organization's translation of the capability shortfall in the service-level mission need assessment into critical factors the selected solution must contain in its eventual operational state to satisfy the user's needs.

Personnel security. The standards and procedures utilized to determine and document that the employment or retention in employment of an individual will promote the efficiency of the service and is clearly consistent with the interests of the national security.

Prescreening. The evaluation of case files for impacts on safety, ATC services, and other intangible benefits, as well as cost/benefits implications, to determine if the proposed change should be implemented.

Price equals cost plus any fee or profit involved in the procurement of a product or service.

Primary engineer or principal consultant is a firm which is held responsible for the overall performance of the services, including that which is accomplished by others under separate or special service contracts.

Procurement strategy meeting is a meeting of organizations with vested interests in the contemplated procurement. The purpose of this meeting is to reach a consensus on the planned course of the acquisition and to obtain the necessary approvals to proceed.

Program requirements - A formal attachment to the Exhibit 300 program baseline. It establishes the operational framework and requirements of the line of business with a mission need. It translates mission need into top-level performance, supportability, and benefit requirements that should be satisfied by the final fielded capability. It is prepared in the concept and requirements definition phase of the lifecycle management process.

Product baseline is the initially approved documentation describing all of the necessary functional and physical characteristics of the configuration item and the selected functional and physical characteristics designated for production acceptance testing and tests necessary for support of the configuration item. In addition to this documentation, the product baseline of a configuration item may consist of the actual equipment and software.

Product Team (PT) or Service Team (ST) - A team with a mission, resources, leader, and cross-functional membership, which executes an element of a service organization’s mission.

Program decision-making. In general, resource decision-making in the lifecycle management process is at the corporate level and program decision-making is within service organization.

Protest is a written, timely objection submitted by a protester to an FAA screening information request or contract award.

Protester is a prospective offeror whose direct economic interest would be affected by the award or failure to award an FAA contract, or an actual offeror with a reasonable chance to receive award of an FAA contract.

Real Property is defined as:

(1) Any interest in land, together with the improvements, structures, and fixtures located thereon (including prefabricated movable structures, such as Butler-type storage warehouses and Quonset huts, and house trailers with or without undercarriages), and appurtenances thereto, under the control of any Federal agency, except-

(a) The public domain;

(b) Lands reserved or dedicated for national forest or national park purposes;

(c) Minerals in lands or portions of lands withdrawn or reserved from the public domain that the Secretary of the Interior determines are suitable for disposition under the public land mining and mineral leasing laws;

(d) Lands withdrawn or reserved from the public domain but not including lands or portions of lands so withdrawn or reserved that the Secretary of the Interior, with the concurrence of the Administrator of General Services, determines are not suitable for return to the public domain for disposition under the general public land laws because such lands are substantially changed in character by improvements or otherwise; and

(e) Crops when designated by such agency for disposition by severance and removal from the land.

(2) Improvements of any kind, structures, and fixtures under the control of any Federal agency when designated by such agency for disposition without the underlying land (including such as may be located on the public domain, on lands withdrawn or reserved from the public domain, on lands reserved or dedicated for national forest or national park purposes, or on lands that are not owned by the United States) excluding, however, prefabricated movable structures, such as Butler-type storage warehouses and Quonset huts, and house trailers (with or without undercarriages).

(3) Standing timber and embedded gravel, sand, or stone under the control of any Federal agency, whether designated by such agency for disposition with the land or by severance and removal from the land, excluding timber felled, and gravel, sand, or stone excavated by or for the Government prior to disposition.

Record drawings are drawings submitted by a contractor or subcontractor at any tier to show the construction of a particular structure or work as actually completed under the contract.

Recurring costs are production costs that vary with the quantity being produced, such as labor and materials.

Release. The designation by the originating activity that a document or software version is approved by an appropriate authority and is subject to configuration change management procedures.

Requirements. Conditions or capabilities that must be met or exceeded by a system or component to satisfy agency needs. Requirements form the basis for a contract, standard, specification, or other formally imposed document.

Resources. As it applies to contractor personnel security refers to FAA resources including a physical plant, information databases including hardware and software, as well as manual records pertaining to agency mission or personnel.

Screening is the process of evaluating offeror submittals to determine either which offerors/products are qualified to meet a specific type of supply or service, which offerors are most likely to receive award, or which offerors provide the best value to the FAA.

Screening decision is the narrowing of the number of offerors participating in the source selection process to only those offerors most likely to receive award.

Screening information request is any request made by the FAA for documentation, information, or offer for the purpose of screening to determine which offeror provides the best value solution for a particular procurement.

Second-Level Engineering Support. This work comprises engineering support of the National Airspace System infrastructure and includes defining system performance standards, developing and publishing procedures, designing system improvements, and providing support to first-level technical support personnel.

Selection decision is the determination to make an award by the source selection official to the offeror providing the best value to the FAA.

Service-disabled veteran-owned small business is a small business concern that is 51% owned and controlled by a service disabled veteran(s).

Service organization. A service organization is any organization that manages investment resources regardless of appropriation to deliver services. It may be a service unit, program office, or directorate, and may be engaged in air traffic services, safety, security, regulation, certification, operations, commercial space transportation, airport development, or administrative functions.

Simplified purchases are those products or services of any nature that are smaller in dollar value, less complex, shorter term, routine, or are commercially available and are generally purchased on a fixed price basis.

Single-source contracting is to award a contract, without competition, to a single supplier of products or services.

Small business is a business, including its affiliates, that is independently owned and operated and not dominant in producing the products or performing the services being purchased, and one that qualifies as a small business under the federal government's criteria and North American Industry System Classification Codes size standards.

Small business set-aside is the reservation of an acquisition exclusively for participation by small businesses.

Small disadvantaged business means a small business concern that is at least 51 percent unconditionally owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business that has at least 51 percent of its stock unconditionally owned by one or more socially and economically disadvantaged individuals and that has its management and daily business controlled by one or more such individuals. This term also means a small business concern that is at least 51 percent unconditionally owned by an economically disadvantaged Indian tribe or Native Hawaiian Organization, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one of these entities which has its management and daily business controlled by members of an economically disadvantaged Indian tribe or Native Hawaiian Organization. The contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Subcontinent Asian Americans, and other minorities or any other individual found to be disadvantaged by the FAA. The contractor shall presume that socially and economically disadvantaged entities also include Indian tribes and Native Hawaiian Organizations.

Small Socially and Economically Disadvantaged Business means a small business concern that is at least 51 percent unconditionally owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business that has at least 51 percent of its stock unconditionally owned by one or more socially and economically disadvantaged individuals and that has its management and daily business controlled by one or more such individuals. This term also means a small business concern that is at least 51 percent unconditionally owned by an economically disadvantaged Indian tribe or Native Hawaiian Organization, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one of these entities which has its management and daily business controlled by members of an economically disadvantaged Indian tribe or Native Hawaiian Organization. The contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Subcontinent Asian Americans, and other minorities or any other individual found to be disadvantaged by the FAA. The contractor shall presume that socially and economically disadvantaged entities also include Indian tribes and Native Hawaiian Organizations.

Socially disadvantaged individuals - individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their qualities as individuals.

Solution implementation phase is the phase of the lifecycle management process that begins after the Joint Resources Council selects a solution and establishes an investment program. It ends when the new capability goes into service. This phase is led by the service organization assigned by the JRC at the investment decision.

Solution providers An organization (e.g., service organization or a regional office implementing a construction program) that has the responsibility for providing assets to satisfy National Airspace requirements.

Specification. A document that explicitly states essential technical attributes/requirements for product and procedures to determine that the product's performance meets its requirements/attributes.

Standardization is the practice of acquiring parts, components, subsystems, or systems with common design or functional characteristics to obtain economies in ownership costs.

Strategic Sourcing. The collaborative and structured process of critically analyzing an organization’s spending and using this information to make business decisions about acquiring products and services more effectively and efficiently.

Supply, as used in the context of mission analysis, is the existing or projected supply of services to its customers, based on information from field organizations that operate and maintain the NAS, from the aviation community, and from the enterprise architecture.

Supply support. All management actions, procedures, and techniques used to determine requirements that acquire, catalog, track, receive, store, transfer, issue, and dispose of items of supply. This includes provisioning for initial support, maintaining asset visibility for financial accountability, and replenishing spares.

Supportability. - The degree to which product design and planned logistics resources meet product use requirements.

Support Equipment. All equipment (mobile or fixed) required to support maintenance of a product. It includes associated multi-use end items, ground-handling and maintenance equipment, tools, metrology and calibration equipment, test equipment, and automatic test equipment. It includes the procurement of integrated logistics support necessary to maintain the support equipment itself. Operational engineering support systems and facilities are also integral parts of the lifecycle support equipment.

Sustainment. Those activities associated with keeping fielded products operational and maintained. Also applies to the planning, programming and budgeting for fielded products, referred to as sustainment funding.

Technical data. Recorded information regardless of form or character (such as manuals, drawings and operational test procedures) of a scientific or technical nature required to operate and maintain a product over its lifecycle. While computer programs and related software are not technical data, documentation of these programs and related software are technical data. Also excluded is financial data or other information related to contract administration.

Technical leveling is the act of helping an offeror to bring its proposal/offer up to the level of other proposals/offers through successive rounds of communication, such as by pointing out weaknesses resulting from the offeror's lack of diligence, competence, or inventiveness in preparing his proposal.

Technical transfusion is the FAA's disclosure of technical information from one submittal that results in the improvement of another submittal.

Technical opportunity. A technological opportunity exists when a product or capability not currently used in the NAS has the potential to enable the FAA to perform its mission more safely, efficiently or effectively.

Termination for convenience is a procedure that may apply to any FAA contract, including multi-year contracts. As contrasted with cancellation, termination can be effected at any time during the life of the contract (cancellation is effected between fiscal years) and can be for the total quantity or a partial quantity (whereas cancellation must be for all subsequent fiscal year quantities).

Termination liability is the maximum cost the FAA would incur if a contract is terminated. In the case of a multi-year contract terminated before completion of the current fiscal year's deliveries, termination liability would include an amount for both current year termination charges and out year cancellation charges.

Termination liability funding refers to obligating contract funds to cover contractor expenditures plus termination liability, but not the total cost of the completed end items.

Total Estimated Potential Value. The sum of the initial award, unexercised options, the value of any indefinite delivery/indefinite quantity (IDIQ) contract line items (CLINS), estimates for unpriced CLINS, such as preplanned product improvements, estimated value of partially priced items, and any other items the Contracting Officer deems relevant to establishing potential total contract value. The potential contract value should exclude anticipated change orders, pre-planned product improvements which are not established as CLINS, and any other anticipated actions not included in the written contract. Where duplicative or alternative options are established (i.e., if option 1 is exercised, option 2 will not be exercised) the Contracting Officer should include only the value which reflects the highest priced option. For incentive contracts, the maximum liability of the Government should be included in the potential contract value. For IDIQ contracts, the total contract value is the stated maximum amount the total of issued delivery orders cannot exceed.

Training, training support, and personnel skills. The analysis, design, development, implementation, and evaluation of training requirements to operate and maintain the product. This includes: conducting needs analyses; job and task analyses; delivering individual and team training; resident and nonresident training; on-the-job training; job aids; and logistic support planning for training aids and training installations.

Unauthorized commitment is an agreement entered into by a representative of the FAA who does not have the authority to obligate the FAA to spend appropriated funds.

Unit. One of a quantity of items (products, parts, etc.)

User. Internal FAA user of a product or service, such as Air Traffic Controllers or maintenance technicians.

Verification. The act of validating that a requirement has been fulfilled.

Version. (1) One of several sequentially created configurations of a data product. (2) A supplementary identifier used to distinguish a changed body or set of computer-based data (software) from the previous configuration with the same primary identifier. Version identifiers are usually associated with data (such as files, data bases and software) used by, or maintained in, computers.

Very small business is a business whose size is no greater than 50 percent of the numerical size standard applicable to the North American Industry System Classification Codes assigned to a contracting opportunity.

Work breakdown structure. A hierarchical decomposition of the work to be performed to accomplish an approved agency objective. It includes both internal and external work activities and each descending level represents an increasing definition of the work to be performed.

Appendix D: Acronyms _{Revised 10/2007}

ADR

Alternative Dispute Resolution

AIP

Airport Improvement Program

AMS

Acquisition Management System

AOPC

Agency/Organization Program Coordinator

AP

Approving Official

ASAG

Acquisition System Advisory Group

BCAR

Business Case Analysis Report

CAS

Cost Accounting Standards

CAS

Commercially Available Software (2^nd definition for this acronym)

CCB

Configuration Control Board

CCD

Configuration Control Decision

CIB

Card Issuing Bank

CIP

Capital Investment Plan

CIT Capital Investment Team

CM

Configuration Management

CO

Contracting Officer

COCO

Chief of the Contracting Office

COI

Critical Operational Issue

COTS

Commercial Off The Shelf

CPIC

Capital Planning and Investment Control

DPA Delegation of Procurement Authority

DOT

Department of Transportation

DRO

Dispute Resolution Officer

EA

Enterprise Architecture

EIS

Environmental Impact Statement

EVM

Earned Value Management

F&E

Facilities and Equipment

FAA

Federal Aviation Administration

FAST

FAA Acquisition System Toolset

FISMA

Federal Information Security and Management Act

FONSI

Finding of No Significant Interest

FSS

Federal Supply Schedule

GFI

Government Furnished Information

GFP

Government Furnished Property

GSA

General Services Administration

ILS

Integrated Logistics Support

IOT&E

Independent Operational Test and Evaluation

IRT

Integrated Requirements Team

ISM In-Service Manager

ISR In-Service Review

ISS
Information System Security

JRC

Joint Resources Council

LOB

Line of Business

MCC

Merchant Category Codes

MOA Memorandum of Agreement

MOU Memorandum of Understanding

NAIC

North American Industry Classification

NAS

National Airspace System

NCP

National Airspace System Change Proposal

NDI

Non-developmental Item

ODR

Office of Dispute Resolution

O&M
Operations and Maintenance

OMB

Office of Management and Budget

OPR

Offices of Primary Responsibility

OSHA
Occupational Safety and Health Administration

OST

Office of the Secretary of Transportation

P3I

Preplanned Product Improvement

PSM

Procurement Strategy Meeting

PT

Product Team

QRO Quality Reliability Officer

QVL

Qualified Vendor List

RCCB
Regional Configuration Control Board

RE&D

Research, Engineering, and Development

RFO

Request For Offer

RMA

Reliability, Maintainability, and Availability

SB Small Business

SDB

Small Disadvantage Business

SDVOSB Service-Disabled Veteran Owned Small Business

SEDB

Socially and Economically Disadvantaged Businesses

SIC

Standard Industrial Classification

SIR

Screening Information Request

SSO

Source Selection Official

T&E

Test and Evaluation

U.S.C. United States Code

VSB
Very Small Business

Appendix E: External Authorities

This table highlights selected government-wide laws, regulations, executive orders, and other directives that affect acquisition programs. In some instances, FAA-unique implementation of these authorities is outlined in the Acquisition Management System. In most cases, however, implementation is through means other than the Acquisition Management System. This table is not all inclusive. Full text of the authorities may be viewed from the following websites: http://www.nara.gov/fedreg/ or http://uscode.house.gov

The appendix is divided into four parts as follows:

Part I - Statutes arranged alphabetically by title

Part II - Executive Orders arranged numerically

Part III - Regulations/Standards arranged alphabetically by title

Part IV - External Authorities applicable to Real Estate

Statutes arranged alphabetically by title

Executive Orders arranged numerically

Regulations/Standards arranged alphabetically by title

Appendix E: Part I - Statutes _{Revised 10/2006}

Title

Description Summary

Functional area affected

Promulgated by AMS:

P=Policy, G=Guidance, C=Clause

*=See Office of Chief Counsel

Administrative Procedures Act (5 USC 500 se seq)

Authorizes a duly qualified individual to represent a person before an agency.

All

*

Agreement on civil aircraft (19 USC 2513)

Exempts civil aircraft from Buy American Act.

Procurement

*

Air Commerce and Safety (49 USC 40121(c) (2)

Establishes legal authority for joint activities between DoD and the FAA to improve or replenish the national air traffic control system.

Procurement

G

Airport Improvement (AIP) Grants (49 USC 47101)

Establishes U.S. Policy for Airport development and improvement.

Agreements

G

Air Transportation Security, (49 USC 44903)

Authorizes the Administrator to prescribe regulations to protect passengers and property on an aircraft operating in air transportation or intrastate air transportation against an act of criminal violence or aircraft piracy.

Procurement

G

Anti-Deficiency Act (31 USC 1341)

Prohibits expenditure in excess of funds available

Procurement

P

G

C

Anti-Kickback Act (41 USC 51-58)

Prohibits offering or accepting kickbacks; criminal penalties apply.

Ethics

Procurement

Real Estate

C

*

Anti-Lobbying Act (31 USC 1352)

Prohibits use of Federal funds for lobbying

Procurement

*

Assistance to Foreign Aviation Authorities (49 USC 40113(e)

Authorizes the Administrator to provide safety-related training and operational services to foreign aviation authorities with or without reimbursement, if the Administrator determines that providing such services promotes aviation safety.

Procurement

G

Authority to Transfer an Interest in Surplus Property (49 USC 47151)

Authorizes a department, agency, or instrumentality of the executive branch of the United States Government or a wholly owned Government corporation to give a State, political subdivision of a State, or tax-supported organization any interest in property subject to sections 47152, Terms of Gifts and 47153, Waiving and Adding Terms, of this title.

Procurement

G

Bayh-Dole Act ( 35 USC 200)

Provides policy regarding inventions made with Government Assistance

Procurement

*

Bona fide Fiscal year need statutes (31 USC 1301)

Requires appropriations to be applied only to the objects for which the appropriations were made except as otherwise provided by law.

Budget

Procurement

C

*

Bribery and Conflict of Interest Laws (18 USC 201)

Prescribes fines and punishment for bribery of public officials and witnesses.

All

*

Bribery and Conflict of Interest Laws (18 USC 208)

Prescribes acts and penalties affecting a personal financial interest.

All

P

Buy American Act (41 USC 10)

Requires American manufactured materials and supplies for public use. (Also see Executive Order 10582)

Procurement

P

G

C

Buy American (FAA) (49 USC 50101)

Mandates a preference for raw and manufactured American materials.

Procurement

C

*

Cargo Preference Act (46 USC 1241)

Mandates preference for shipping cargo on U.S. ships.

Procurement

C

Carribean Basin Economic Recovery Act (19 USC 2701)

Exempts certain Carribean countries from Buy American provisions of 19 USC 2701.

Procurement

G

Clean Air Act (42 USC 7401 et seq)

Encourages or otherwise promotes reasonable Federal, State, and local governmental actions, consistent with the provisions of this chapter, for pollution prevention.

Procurement

Environment

P

G

C

Clean Water Act (33 USC 1251 et seq)

Restores and maintains the chemical, physical, and biological integrity of the Nation's waters.

Procurement

Environment

P

G

C

Common Carrier Liability (49 USC 11707)

Specifies liability when property is delivered in violation of routing instructions.

Procurement

*

Contract Work Hours and Safety Standards Act (40 USC 328)

Establishes a standard workday of 8 hours and a standard workweek of 40 hours for laborers and mechanics; with compensation of not less than one and one-half times the basic rate of pay for work in excess of the standard workweek.

Procurement

P

G

C

Convict Labor Act (18 USC 23-436)

Prohibits convicts from performing government contracts. (Also see Executive Orders 11755 and 12943)

Procurement

P

G

Cooperative Research and Development Agreements (15 USC 3710a)

Supports the full use of the results of the Nation's Federal investment in research and development. To this end the Federal
Government shall strive where appropriate to transfer federally owned or originated technology to State and local governments and to the private sector.

Agreements

G

Copeland Act (18 USC 874 and 40 USC 276c) a.k.a. Anti-Kickback Act

Makes it unlawful to induce any person, employed in the construction or repair of public buildings or public works financed in whole or in part by the U.S., to give up any part of the compensation to which they are entitled.

Procurement

P

G

C

Davis Bacon Act (40 USC 276a)

Requires construction contractors to pay prevailing wages for laborers and mechanics.

Procurement

P

G

C

Department of Transportation, General Duties and Powers (49 USC 322(c))

Provides general authority for FAA to enter into reimbursable agreements with other agencies and for cooperative agreements to use the services, records, and facilities of State, territorial, municipal and other agencies. However, 49 USC 106 (l) and (m) provides broader authority and should be cited in place of Section 322(c) for FAA agreements.

Agreements

G

Disclosure of Confidential Information (18 USC 1905)

Prohibits the disclosure of confidential information by public officials (i.e. trade secrets)

Ethics

Procurement

P

G

Drug Free Workplace (41 USC 10)

Prohibits award of contracts to entities who have not certified that it is a drug free workplace. AMS does not reference 41 USC 10. However it is the FAA policy to only award contracts to entities who have certified that it is a drug free workplace.

Procurement

P

G

C

Economy Act (31 USC 1535)

Authorizes the head of an agency or major organizational unit within to place an order with a major organizational unit within
the same agency or another agency for goods or services under conditions specified in the statute.

Procurement

G

Energy Policy and Conservation Act (42 USC 6361(a)(1))

Requires agencies to develop mandatory standards with respect to energy conservation and energy efficiency to govern the procurement policies and decisions of the Federal Government and all Federal agencies and to cause such standards to be implemented.

Procurement

Environment

P

G

Explosive Detection (49 USC 44913)

Governs the deployment and purchase of explosive detection equipment under 14 USC 108.7(b)(8) or 108.20 when the Administrator of the Federal Aviation Administration certifies that the equipment alone, or as part of an integrated system, can detect under realistic air carrier operating conditions the amounts, configurations, and types of explosive material that would likely be used to cause catastrophic damage to commercial aircraft.

Procurement

G

False Claims Act (31 USC 3729)

Specifies civil penalties for false claims against the U.S.

All

G

*

Fastner Quality Act - June 8, 1999 (15 U.S.C. 5402)

Requires fasteners (i.e. bolts, nuts, screws) to be manufactured in accordance with a fastener quality assurance system; or manufactured to a proprietary standard, such as ISO 9000, QS9000, VDA6.1, or AS9000.

Procurement

P

Federal Aviation Administration (49 USC 106)

Authorizes the Administrator to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary to carry out the functions of the Administrator and the Administration.

Procurement

P

G

Federal Claims Collection (31 USC 3711)

Establishes provisions for collecting claims of the U.S. for money or property arising out of the activities of, or referred to the agency.

Procurement

*

Federal Excise Taxes (26 USC 4041)

Imposes tax on diesel fuel in certain cases.

Procurement

P

G

Federal Facilities Compliance Act

Mixed Waste is regulated as hazardous and radioactive waste under the Resource Conservation and Recovery Act (RCRA) and the Atomic Enery Act (AEA), respectively.

Environment

*

Federal Prison Industries (18 USC 4121)

Prescribes requirement for purchases from Federal Prison facilities.

Procurement

P

G

C

Federal Workforce Restructuring Act of 1994 - P.L. 103-226 (5 USC 5597)

To provide temporary authority to Government agencies relating to voluntary separation, incentive payments, and for other purposes and limitation on procurement of Service Contracts with involuntarily separated employees.

Procurement

P

G

C

Freedom of Information Act of 1986 (5 USC 552)

Regulates the release of public information; agency rules, opinions, orders,
records, and proceedings.

All

P

G

C

General Facilities and Personnel Authority(49 USC 44502)

Provides general authority to the Administrator of the Federal Aviation Administration to acquire, establish, improve, operate, and maintain air navigation facilities; and provide facilities and personnel to regulate and protect air traffic.

Procurement

Real Estate

P

G

Gift and Bequests (49 USC 326)

Authorizes the Administrator to accept any conditional or unconditional gift or donation of money or property, real or personal, or of services for the FAA

All

G

Government Performance and Results Act of 1993 (31 USC 1101, 1115-1119)

Requires performance indicators and measurement.

Metrics

Baseline Management

P

Indian Incentive Program (25 USC 1544)

A contractor of a Federal agency under any Act of Congress may be allowed an additional amount of compensation equal to 5 percent of the amount paid, or to be paid, to a subcontractor or supplier, in carrying out the contract if such subcontractor or supplier is an Indian organization or Indian-owned economic enterprise as defined in this chapter.

Procurement

P

G

C

Interest of Member of Congress (41 USC 22)

Prohibits member of or delegate to Congress from sharing in benefit from contract or grant

Procurement

C

*

International Airport Facilities, Administrative (49 USC 47305)

Authorizes the Secretary of Transportation to consolidate, operate, protect, maintain, and improve airport property and airway property (except meteorological facilities).

Procurement

G

International Airport Facilities, Definitions (49 USC 47301)

Provides definitions pertaining to International Airport Facilities.

Procurement

G

International Air Transportation Fair Competitive Practices Act of 1974 (49 USC 40118 (5))

Requires that all Federal agencies and Government contractors and subcontractors use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. (Also known as the Fly America Act)

Procurement

C

Javitts-Wagner-O'Day Act (41 USC 46)

Established the Committee for Purchase of
Products and Services of the Blind and Other Severely Handicapped;

Procurement

P

G

Judicial Review (49 USC 46110)

Prescribes judicial review process for a person disclosing a substantial interest in an order issued by the Secretary of Transportation (or
the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be
carried out by the Administrator) under this part.

Procurement

P

C

Miller Act (40 USC 270a-270f)

Requires construction contractors to provide performance and payment bonds that are greater than $25,000 but not greater than $100,000.

Procurement

P

G

C

National Earthquake Hazards Reduction Act of 1977 (P.L. 95-124), Amended 1990 (P.L. 101-614) (42 USC 7701 et seq.) Requires Agencies to adopt standards for assessing and enhancing the seismic safety of buildings designed for, or constructed by, or leased by the Federal Government. All P

North American Free Trade Agreement (NAFTA) P.L. 103-182 (19 USC 3311)

Canada/Mexico exception from Buy American Act if purchase is over $25,000.

Procurement

C

National Energy Conservation Policy Act (42 USC 6201)

Requires energy and water conservation measures for federal buildings, facilities, or space

Environment

P

National Environmental Policy Act (42 USC 6201)

Requires environmental assessment or environmental impact statement for proposed federal actions

Environment

P

G

Paperwork Reduction Act (44 U.S.C. 3501)

Requires Federal Agencies to become more responsible and publicly accountable for reducing the burden of Federal paperwork on the public, and for other purposes resulting from the collection of information by or for the Federal Government.

All

P

Privacy Act (5 USC 552a)

Establishes procedures for records maintained on individuals to ensure that certain information is secured.

Ethics

Procurement

P

G

C

Procurement Integrity Act (41 USC 423)

Prohibits unauthorized release of source selection or other proprietary data

Procurement

P

G

C

Project Grant Authority (49 USC 47104)

Authorizes the Secretary of Transportation to make project grants from the Airport and Airway Trust Fund to maintain a safe and efficient nationwide system of public-use airports that meets the present and future needs of civil aeronautics.

Procurement

G

Public Law 85-804 (50 U.S.C. 1431-1434)

Empowers the President to authorize agencies exercising functions in connection with the national defense to enter into, amend, and modify contracts, without regard to other provisions of law related to making, performing, amending, or modifying contracts, whenever the President considers that such action would facilitate the national defense. to exercise the authority conferred by the Act and to delegate it to other officials within the agency. (Also see E.O. 10789)

Procurement

P

G

C

Randolph-Sheppard Vending Facility Act(20 U.S.C. 107)

Provides for blind persons licensed under the
provisions of this chapter authorization to operate vending facilities on any Federal property.

Procurement

P

G

Rehabilitation Act of 1973 - Section 508 (29 USC 794d)

Requires information technology purchases to be accessible to people with disabilities

Procurement

P

G

C

Rehabilitation Act (29 USC 793)

Requires affirmative action to employ and

advance in employment qualified individuals with disabilities.

Procurement

P

G

*

Resource Conservation and Recovery Act (42 USC 6901)

Prescribes policies and procedures for acquiring Environmental Protection Agency(EPA)-designated products through affirmative procurement programs.

Procurement

Environment

P

G

C

Service Contract Act(41 USC 351-357)

Provides for minimum wages and fringe benefits as well as other conditions of work under certain types of service contracts. Whether or not the Act applies to a specific service contract will be determined by the definitions and exceptions given in the Act, or implementing regulations.

Procurement

P

G

C

Service-Disabled Veteran Owned Small Business Program (13 CFR,121,125&134) Provides for competitive and non-competitive set-asides for Service Disabled Veteran Owned Small Businesses. Procurement P G C

Systems, Procedures, Facilities, and Devices (49 USC 44505)

Requires the Administrator of the Federal Aviation Administration to develop, alter, test, and evaluate systems, procedures, facilities, and devices, and define their performance characteristics, to meet the needs for safe and efficient navigation and traffic control of civil and military aviation, except for needs of the armed forces; and to select systems, procedures, facilities, and devices that will best serve those needs and promote maximum coordination of air traffic control and air defense systems.

Procurement

G

Research and Development (49 USC 44912)

Requires the Administrator of the Federal Aviation Administration to establish and carry out a program to accelerate and expand the research, development, and implementation of technologies and procedures to counteract terrorist acts against civil aviation.

Procurement

G

Terms of Gifts (49 USC 47152)

Specifies the terms applicable to a gift of an interest in surplus property.

Procurement

G

Training Schools (49 USC 40108)

Authorizes the Administrator of the Federal Aviation Administration to operate schools to train officers and employees of the Administration to carry out duties, powers, and activities of the Administrator.

Procurement

G

Vietnam Era Veterans Readjustment Act (38 USC 2012)

Requires contractors and subcontractors, when entering contracts subject to the Act, to list all suitable employment openings with the appropriate local employment service office and take affirmative action to employ, and advance in employment, qualified special disabled veterans and veterans of the Vietnam Era without discrimination based on their disability or Veteran's status. (Also see Executive Order 11701)

Procurement

G

*

Waiving and Adding Terms (49 USC 47153)

Authorizes the Secretary of Transportation to waive, without charge, a term of a gift of an interest in property under this subchapter.

Procurement

G

Walsh Healey Public Contracts Act (41 U.S.C. 35)

Provides conditions for the purchase of supplies and the making of contracts by the United States, and for other purposes.

Procurement

P

G

Wendell H. Ford Aviation Investment & Reform Act (A.O. 106-181, Apr 5, 2000)

Subjects the FAA to the Procurement Integrity Act (41USC 423), except that Subsections (f), Definitions, and (g), Limitation on Protests, shall not apply.

Procurement

G

END OF PART I

Appendix E: Part II - Executive Orders _{Revised 8/2008}

Title	Description Summary	Functional area affected	Promulgated by AMS: P=Policy, G=Guidance, C=Clause *= See Office of Chief Counsel
Executive Order 10582, Prescribing Uniform Procedures for Certain Determinations Under the Buy-American Act (Dec 17, 1954)	Requires the Government to give preference to domestic end products. (See Buy American Act.) Amended by E.O.'s 10761, 11051, 12148, and12608. (Also see E.O. 12148)	Procurement		G	C
Executive Order 10789, Prescribing uniform procedures for certain determinations under the Buy-American Act (November 14, 1958)	Authorizes non-DoD agencies of the Government to exercise certain contracting authority in connection with national-defense functions and to prescribe regulations governing the exercise of such authority. (Also see P.L. 85-804 and E.O. 12919)	Procurement	P	G	C
Executive Order 11141, Equal Employment Opportunity, (February 12, 1964)	Prescribes policies and procedures pertaining to nondiscrimination in employment by contractors and subcontractors	Procurement	P	G	C
Executive Order 11701, Employment of veterans by Federal agencies and Government contractors and subcontractors, (Jan. 24, 1973)	Requires each department and agency of the executive branch of the Federal Government to list suitable employment openings with the appropriate office of the State Employment Service or the United States Employment Service and extends the program to Government contractors and subcontractors. (Also see 38 USC 2012)	Procurement		G
Executive Order 11912, Delegation of Authorities Relating to Energy Policy and Conservation (April 13, 1976)	Superseded or revoked by E.O. 12919, National Defense Industrial Resources Preparedness.(Also see E.O. 12919)	Procurement Environment	P
Executive Order 12038, Relating to Certain Functions Transferred to the Secretary of Energy by the Department of Energy Organization Act (February 3, 1978)	Relates to certain functions transferred to the Secretary of Energy by the Department of Energy Organization Act . Amended by 12287 - Decontrol of crude oil and refined petroleum products. (Also see E.O.12287)	Procurement Environment	P
Executive Order 12591, Facilitating Access to Science and Technology, (April 10, 1987)	Amended by E.O. 12618. Authorizes the FAA to apply the policies of the Bayh-Dole Act (inventions made with Government Assistance) to all participants in cooperative agreements. (Also see E.O. 12618)	Agreements		G
Executive Order 12618, Uniform Treatment of Federally Funded Inventions (December 22, 1987)	Amended E.O. 12591.	Procurement				*
Executive Order 12699, Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction	Requires Federal agencies to follow national and local seismic building codes, whichever provides the greatest margin of safety, when constructing new buildings or modifying existing buildings.	All	P
Executive Order 12829, National Industrial Security Program, (January 6, 1993) Amended by E.O. 12885	Requires a National Industry Security Program Operating Manual. Amended by E.O. 12885 December 14, 1993 to extend the time to issue the National Industrial Security Program operating manual. (Also see E.O. 12885)	Procurement	P	G
Executive Order 12919, National Defense Industrial Resources Preparedness (June 3, 1994)	Delegates authority and addresses national defense industrial resource policies and programs under the Defense Production Act of 1950. Supersedes or revokes E.O. 11912.(Also see E.O. 11912)	Procurement				*
Executive Order 12928, Promoting Procurement with Small Businesses Owned and Controlled by Socially and Economically Disadvantaged Individuals, Historically Black Colleges and Universities, and Minority Institutions, (Sep 16, 1994)	Establishes policy that all department and agency heads and all Federal employees involved in the procurement of any and all goods and services shall assist SDBs, HBCUs, and MIs, as applicable, to develop viable, self-sustaining, businesses capable of competing on an equal basis in the mainstream of the American economy.	Procurement MPPG reporting		G
Executive Order, 13360 Service-Disabled Veterans, (October 21, 2004)	Establishes policy that all heads of agencies shall provide the opportunity for service-disabled veteran businesses to significantly increase the Federal contracting and subcontracting of such businesses.	Procurement		G
Executive Order 12941, Seismic Safety of Existing Federally Owned or Leased Buildings	Requires Federal Agencies to follow the standards developed, issued and maintained by the Interagency Committee for Seismic Safety in Construction (ICSSC).	All	P
Executive Order 12958, Classified National Security Information, (April 17, 1995) (Amended by E.O. 13142, Nov. 19, 1999)	Prescribes a uniform system for classifying, safeguarding, and declassifying national security information. Amended by E.O. 13142, November 19, 1999 (Also see E.O. 13142)	Procurement Security	P	G	C
Executive Order 12968, Access to Classified Information(August 2, 1995)	Establishes a uniform Federal personnel security program for employees who will be considered for initial or continued access to classified information.	Procurement Security	P	G	C
Executive Order 13043, Increasing Seat Belt Use in the U.S. (April 16, 1997)	Requires seat belt use by Federal employees while on official business and motor vehicle occupants in National Park and Dept. of Defense installations. Encourages Federal contractors, subcontractors, and grantees to adopt and enforce on-the-job seat belt use policies and programs.	Procurement	P		C
Executive Order 13142, Amendment to E.O. 1295, (Nov. 19, 1999)	Amended sections 3.4(a), 5.2(a)(b), 5.3(b)(4) of E.O. 12958. (Also see E.O. 12958)	Procurement Security				*
Executive Order 13170, Increasing Opportunities and Access for Disadvantaged Businesses (Oct 6, 2000)	Establishes additional incentives for outreach and goal setting to increase opportunities and access for disadvantaged businesses.	Procurement				*
Executive Order 13202, Preservation of Open Communi-cation and Govern-ment Neutrality towards Government Contractors (Feb. 17, 2001)	Promotes the economical, non-discriminatory, and efficient administration and completion of Federal and Federally funded or assisted construction projects. (Also see E.O. 13208)	Procurement Real Estate				*
Executive Order 13208, Assisted Construction Projects(April 6, 2001)	Amends E.O. 13202. Added a new section to permit the Head of an Executive Agency to exempt a particular project from the requirements of any or all provisions of Sections 1 and 3 of E.O. 13202. (Also see E.O. 13202)	Procurement Real Estate				*
Executive Order 13221, Energy Efficient Standby Power Devices (July 31, 2001)	Encourages energy conservation by requiring the Government to purchase COTS products that use no more than one watt in their external or internal standby power devices or functions.	Procurement				*
Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management (January 24, 2007)	Revokes E.O. 13101, 13123, 13134, 13148, 13149; and amends E.O. 12088 and 13327. Orders Federal agencies to conduct their environmental, transportation, and energy-related activities, in support of their respective missions within an environmentally, economically and fiscally sound, integrated, continuously improving, efficient and sustainable manner. NOTE: Related and previously revoked Executive Orders include: 11507,11752, 12856, 12873, and 12902.	All	P	G

END OF PART II

Appendix E: Part III - Regulations/Standards

Title

Description Summary

Functional area affected

Promulgated by AMS:

P=Policy, G=Guidance, C=Clause

*=See Office of Chief Counsel

Cost Accounting Standards (CAS) (48 CFR 9903.101

Uniform standards for government contractor's accounting for and reimbursement of costs. Within the FAA Cost Accounting Standards (CAS) do not apply to contracts for commercial items. Full or modified CAS coverage may be applied to cost type contracts only.

Procurement

P

G

C

Department of Transportation Policy for Seismic Safety of New and Existing DOT Owned or Leased Buildings (DOT SS-98-01) Requires each DOT Operating Administration to ensure that new DOT owned buildings and additions and new buildings leased for DOT occupancy, are designed and constructed to comply with appropriate seismic design and construction standards. Additionally, each Operating Administration is required to mitigate unacceptable earthquake risks in existing buildings via a long-term risk mitigation program. All P

Federal Management Regulations (formerly Federal Property Management)

Regulations used by GSA and other executive agency officials to regulate, and prescribe policies, procedures, and delegations of authority pertaining to the management of property, inventory, and disposal.

Real Property

P

Federal Standard 313, Material Safety Data, Transportation Data and Disposal Data for hazardous materials furnished to Government activities.(March 1, 1988)

Establishes requirements for the preparation and submission of Material Safety Data Sheets by contractors who provide hazardous materials to government activities.

Procurement

Environment

P

G

C

FEMA 74, Reducing the Risk of Nonstructural Earthquake Damage, (Sep. 1994) Provides Interagency Committee for Seismic Safety in Construction (ICSSC) requirements for equipment and other building system installation, risk mitigation and guidance on prioritizing projects. All P

FEMA 310, Handbook for the Seismic Evaluation of Buildings: A Pre-Standard, (January 1998) Provides requirements for identification of unacceptable seismic risks in existing buildings and equipment installations. All P

FEMA 356, NEHRP. Pre-Standard and Commentary for the Seismic Rehabilitation of Buildings, (November 2000) Provides requirements for mitigation of unacceptable seismic risks in existing buildings and equipment installations. All P

FEMA 368/369, 2000 NEHRP Provision for Seismic Regulations for New Buildings and Other Structures, Parts 1 and 2, 2001. Provides Interagency Committee for Seismic Safety in Construction (ICSSC) requirements for the construction of new buildings as well as design and installation of new equipment for installation in any new or existing building. All P

International Building Code (IBC) (2000/2003) Establishes the current international building code in effect for all new construction of Federal buildings. All P

Local Seismic Building codes (depends on location of project or installation site) Requires use of local seismic building codes if they require a greater margin of safety than international or national building codes. All P

NIST RP-6, standards for Seismic Safety for Existing Federally Owned or Leased Buildings, (January 2002) Provides requirements for leasing and acquisition of existing buildings. All P

Occupational Safety and Health Administration Regulations (29 CFR 1910.38)

Requires a written plan for emergency situations for each workplace where there is a possibility of an emergency. Appropriate portions of the plan shall be implemented in the event of an emergency.

All

P

G

C

OMB Circular A-21, Cost Principles for Educational Institutions.

Describes basic cost principles applicable to the organization incurring the cost.

Procurement

G

*

OMB Circular A-76, Performance of Commercial Activities - (Aug. 4, 1983; Revised 1999)

Establishes Federal Policy regarding the performance of commercial activities. FAA's policy is to follow the guidance of this circular to the extent such standards are consistent with the FAA's Acquisition Management System and the Administrator's authority to implement "such terms or conditions as the Administrator may deem appropriate."

Investment Analysis

Procurement

P

G

*

OMB Circular A-87, Cost Principles for State Local and Indian Tribal Governments

Describes basic cost principles applicable to the organization incurring the cost.

Procurement

G

*

OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments.

Establishes standards for grants and cooperative agreements with State and Local Governments.

Procurement

G

*

OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non-profit organizations.

Establishes pre-award and post-award standards for Federal grants and agreements awarded to institutions of higher education, hospitals, and other non-profit organizations.

Procurement

G

*

OMB Circular A-122, Cost Principles for Non-profit Organizations, excluding educational institutions and other organizations specified in the Circular.

Describes basic cost principles applicable to the organization incurring the cost.

Procurement

G

*

Patent and Copyright Laws

Establishes prohibitions regarding Patent and Copyright infringement.

Procurement

P

G

C

Protests and Contract Disputes; 14 CFR, Parts 14 & 17.

Prescribes procedures for protests and contract disputes.

All

P

C

Standards of Conduct for Employees of the Executive Branch (5 CFR 2635)

Prohibits conflicts of interest

All

P

G

C

END OF PART III

Appendix E: Part IV - External Authorities applicable to Real Estate _{Revised 8/2008}

Part IV A: Statutes

Title	Description Summary	Functional area affected	Promulgated by AMS: P=Policy, G=Guidance, C=Clause *=See Office of Chief Counsel
Act of December 10, 1941 (40 USC 291)	Requires Federal agencies to admit seeing-eye dogs or other guide dogs accompanied by their blind masters to any building or other property owned or controlled by the United States.	Real Estate	P
Administrative Procedures Act (5 USC 500 se seq)	Authorizes a duly qualified individual to represent a person before an agency.	All				*
Anti-Kickback Act(41 USC 51-58)	Prohibits offering or accepting kickbacks; criminal penalties apply.	Ethics Procurement Real Estate			C	*
Architectural Barriers Act of 1968 (42 USC 4151-4157)	Requires facilities be provided to ensure ready access for disabled persons to public buildings and certain interior spaces.	Real Estate	P	G	C
Assignment of Claims (31 USC 3727, 41 USC 15)	Authorizes the lessor to assign his rights to be paid under a lease agreement	Real Estate			C
Bribery and Conflict of Interest Laws (18 USC 201)	Prescribes fines and punishment for bribery of public officials and witnesses.	All				*
Bribery and Conflict of Interest Laws (18 USC 208)	Prescribes acts and penalties affecting a personal financial interest.	All	P
Child Care Services for Federal Employees in Federal Buildings	Provides Federal agencies with the authority to allot space in Federal buildings to individuals or entities that will provide child care services to Federal employees.	Real Estate	P
Clean Air Act of 1963 (42 USC 7401)	Requires the utilization in Federal air control programs of all available and appropriate facilities and resources within the Federal Government for the prevention and abatement of air pollution.	Real Estate	P
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (42 USC 9601)	Provides for liability, compensation, cleanup and emergency response for hazardous substances released into the environment, and the cleanup of hazardous waste disposal sites.	Real Estate	P
Energy Independence and Security Act of 2007 (Pub. L. 110-140)	Amends portions of the National Energy Conservation Policy Act (42 USC 8253(a)(1) and adopts the energy intensity reduction goals of Executive Order 13423 beginning in year 2008. Provides for enhanced building standards, lighting, and water and energy usage goals.	Real Estate Procurement	P
Energy Policy Act (EPAct) of 2005	Provides for increased energy and water efficiency.	Real Estate	P
Energy Policy Act of 1992 (Pub. L. 102-486, 106 Stat. 2776)	Provides for increased energy efficiency. Superceded, in part, by the EPAct of 2005.	Real Estate Procurement	P
False Claims Act(31 USC 3729)	Specifies civil penalties for false claims against the U.S.	All		G		*
Federal Aviation Authorization Act of 1996 (49 USC 106)	The Administrator is authorized to enter into and perform such contracts, leases, cooperative agreements, or other transactions.	Real Estate	P	G
Federal Water Pollution Control Act (33 USC 1251)	Requires that all agencies comply with all Federal, State, interstate, and local requirements, respecting the control and abatement of water pollution.	Real Estate	P
Federal Property and Administrative Services Act of 1949, as amended (40 USC 471)	This act establishes the Federal Building Fund and provides the Administrator of General Services Administration with an important source of real property related authority. FAA is not required to follow Title II of this act.	Real Estate	P	G
Federal Water Pollution Control Act (33 USC 1251)	Requires that all agencies of the executive, legislative, and judicial branches of the Federal Government must comply with all Federal, State, interstate, and local requirements respecting the control and abatement of water pollution.	Real Estate	P
Freedom of Information Act of 1986 (5 USC 552)	Regulates the release of public information; agency rules, opinions, orders, records, and proceedings.	All	P	G	C
General Procurement Authority (49 USC 40110)	The Administrator may acquire services or, by condemnation or otherwise, and interest in property, and may dispose of an interest in property.	Real Estate	P	G
General Facilities and Personnel Authority (49 USC 44502)	Provides general authority to the Administrator of the Federal Aviation Administration to acquire, establish, improve, operate, and maintain air navigation facilities; and provide facilities and personnel to regulate and protect air traffic.	Procurement Real Estate	P	G
Gift and Bequests (49 USC 326)	Authorizes the Administrator to accept any conditional or unconditional gift or donation of money or property, real or personal, or of services for the FAA.	All		G
National Earthquake Hazards Reduction Act of 1977 (P.L. 95-124), Amended 1990 (P.L. 101-614) (42 USC 7701 et seq.)	Requires Agencies to adopt standards for assessing and enhancing the seismic safety of buildings designed for, or constructed by, or leased by the Federal Government.	Real Estate	P
Paperwork Reduction Act (44 U.S.C. 3501)	Requires Federal Agencies to become more responsible and publicly accountable for reducing the burden of Federal paperwork on the public, and for other purposes resulting from the collection of information by or for the Federal Government.	All	P
Public Buildings Act of 1959, as amended (40 USC 601-619)	This act establishes a prospectus threshold, applicable to all federal agencies. Also the Admininstrator of GSA has authority to construct, acquire, and alter public buildings.	Real Estate	P
Public Buildings Cooperative Use Act of 1976 (40 USC 601a, 612a.)	Requires the Administrator of GSA to acquire and utilize space in suitable buildings of historic, architectural, or cultural significance.	Real Estate	P
National Environmental Policy Act of 1969 (42 USC 4321)	Requires consideration of environmental factors in the decision-making process for major Federal actions.	Real Estate	P
National Historic Preservation Act (16 USC 470)	Requires Federal agencies to take into account the effect of any Federal undertaking on any property in or eligible for listing in the National Register of Historic Places.	Real Estate	P
Occupational Safety and Health Act of 1970, amended (29 USC 653)	Requires Federal agencies to provide safe and healthful places and conditions of employment.	Real Estate	P	G	C
Quarters and facilities; employees in the United States (5 USC 5911)	Agency may provide quarters and facilities for employees when conditions warrant.	Real Estate	P
Randolph-Sheppard Vending Facility Act, amended (20 U.S.C. 107 - 107f)	Provides for blind persons licensed under the provisions of this chapter authorization to operate vending facilities on any Federal property.	Procurement Real Estate	P P	G G
Rehabilitation Act of 1973, amended (Pub. L. 93-112, 387 Stat. 355)	Requires Federal agencies to ensure compliance with standards set by GSA, DOD and HUD pursuant to the Architectural Barriers Act of 1968.	Real Estate	P	G
Rural Development Act of 1972 (Pub. L. 92-419, 86 Stat. 657)	Provides for improving the economy and living conditions in rural America. FAA must give first consideration to rural areas when locating new space, land, and other facilities	Real Estate	P	G	C
Stewart B. McKinney Homeless Assistance Act (42 USC 11411-11412)	Requires Federal agencies to make available surplus real property to homeless organizations.	Real Estate	P
Superfund Amendments and Reauthorization Act of 1986, amended (42 USC 9601-9675)	Extends and amends CERCLA.					*
Service, supplies, and facilities at remote places (49 USC 331)	Agency may provide when necessary, services, supplies, and facilities at remote places.	Real Estate	P
Title 49, USC, Section 1159 (a) and (c)	Airport property and airway property in territory (including Alaska) outside the continental limits of the United States.	Real Estate	P
Uniform Relocation Assistance and Real Property Acquisition (42 USC 4651-4655)	Requires Federal agencies to treat all property owners and other affected persons in a fair and equitable manner, and to provide relocation services and benefits to persons displaced by Federal agencie's acquisition of their real property.	Real Estate	P	G

Part IV B: Executive Orders

Title	Description Summary	Functional area affected	Promulgated by AMS: P=Policy, G=Guidance, C=Clause *=See Office of Chief Counsel
Executive Order 11508, Providing for the Identification of Unneeded Federal Real Property (Feb. 12, 1970)	Establishes a uniform policy for Executive branch concerning the identification of excess real property holdings.	Real Estate	P
Executive Order 11593, Protection and Enhancement of the Cultural Environment (May 13, 1971)	Requires Federal Agencies to direct their policies, plans and programs that federally owned sites, and structures are preserved, restored and maintained.	Real Estate	P
Executive Order 11738, Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with respects to Federal Contracts, Grants, or Loans (Sept. 12, 1973)	Requires Federal agencies having authority to enter into contracts to conduct its acquisitions that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act.	Real Estate	P
Executive Order 11988, Floodplain Management (May 24, 1977)	Requires that agencies take action to reduce the risk of flood loss and to restore and preserve the natural and beneficial values served by floodplains for acquiring, managing and disposing of Federal lands and facilities.	Real Estate	P
Executive Order 11990, Protection of Wetlands (May 24, 1977)	Requires that agencies take action to minimize the destruction, loss or degradation of wetlands, and to preserve and enhance the natural and beneficial values of wetlands for acquiring, managing, and disposing of Federal lands and facilities.	Real Estate	P
Executive Order 12003, Relating to Energy Policy and Conservation (July 20, 1977)	Requires buildings constructed for Government lease to meet certain energy consumption design specifications.	Real Estate	P
Executive Order 12088, Federal Compliance with Pollution Control Standards (October 13, 1978)	Requires agencies ensure action is taken to prevent, control, and abate environmental pollution with respect to Federal facilities and activities. Revoked, in part, by EO 13423.	Real Estate	P
Executive Order 12196, Occupational Safety and Health Programs	Requires Federal agencies to establish and maintain occupational safety and health programs for Federal employees.	Real Estate	P
Executive Order 12512, Federal Real Property Management (April 29, 1985)	Authorizes the GSA administrator to provide Government wide policy oversight and guidance for Federal real property management.	Real Estate	P
Executive Order 12699, Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction (January 5, 1990)	Requires agencies responsible for the design and construction of each new Federal building and/or the construction and lease of new buildings for Federal use to ensure the building is designed and constructed in accord with appropriate seismic design and construction standards.	All	P
Executive Order 12941, Seismic Safety of Existing Federally Owned and Leased Buildings (December 1994)	Requires agencies to meet substantial life safety standards for seismic.	Real Estate	P
Executive Order 13202, Preservation of Open Communication and Government Neutrality towards Government Contractors (Feb. 17, 2001)	Promotes the economical, non-discriminatory, and efficient administration and completion of Federal and Federally funded or assisted construction projects. (Also see E.O. 13208)	Procurement Real Estate			*
Executive Order 13208, Assisted Construction Projects (April 6, 2001)	Amends E.O. 13202. Added a new section to permit the Head of an Executive Agency to exempt a particular project from the requirements of any or all provisions of Sections 1 and 3 of E.O. 13202. (Also see E.O. 13202)	Procurement Real Estate			*
Executive Order 13327, Federal Real Property Asset Management (Feb. 4, 2004)	To improve the overall management of Federal real property assets on a Government-wide level. Amended by E.O. 13423.	Real Estate	P
Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management (January 24, 2007)	Revokes E.O. 13101, 13123, 13134, 13148, and 13149, and amends E.O. 12088 and 13327. Provides that (i) new construction and major renovation of agency buildings; and (ii) 15 percent of the existing Federal capital asset building inventory of Federal agencies move towards sustainable environmental practices. Note: Related and previously revoked Executive Orders include: 11507,11752, 12856, 12873, and 12902.	All	P	G

Part IV C: Regulations/Standards

Title	Description Summary			Functional area affected	Promulgated by AMS: P=Policy, G=Guidance, C=Clause *=See Office of Chief Counsel
Department of Transportation Policy for Seismic Safety of New and Existing DOT Owned or Leased Buildings (DOT SS-98-01)		Requires each DOT Operating Administration to ensure that new DOT owned buildings and additions and new buildings leased for DOT occupancy, are designed and constructed to comply with appropriate seismic design and construction standards. Additionally, each Operating Administration is required to mitigate unacceptable earthquake risks in existing buildings via a long-term risk mitigation program.	All		P
Federal Management Regulations (formerly Federal Property Management)		Prescribes regulations, policies, procedures and delegations of authority pertaining to the management of property, inventory, and disposal when FAA leases real property through GSA. Serves as guidelines for FAA direct lease actions.	Real Estate		P	G
FEMA 74, Reducing the Risk of Nonstructural Earthquake Damage, (Sep. 1994)		Provides Interagency Committee for Seismic Safety in Construction (ICSSC) requirements for equipment and other building system installation, risk mitigation and guidance on prioritizing projects.	All		P
FEMA 310, Handbook for the Seismic Evaluation of Buildings: A Pre-Standard, (January 1998)		Provides requirements for identification of unacceptable seismic risks in existing buildings and equipment installations.	All		P
FEMA 356, NEHRP. Pre-Standard and Commentary for the Seismic Rehabilitation of Buildings, (November 2000)		Provides requirements for mitigation of unacceptable seismic risks in existing buildings and equipment installations.	All		P
FEMA 368/369, 2000 NEHRP Provision for Seismic Regulations for New Buildings and Other Structures, Parts 1 and 2, 2001.		Provides Interagency Committee for Seismic Safety in Construction (ICSSC) requirements for the construction of new buildings as well as design and installation of new equipment for installation in any new or existing building.	All		P
International Building Code (IBC) (2000/2003)		Establishes the current international building code in effect for all new construction of Federal buildings.	All		P
Local Seismic Building codes (depends on location of project or installation site)		Requires use of local seismic building codes if they require a greater margin of safety than international or national building codes.	All		P
NIST RP-6, standards for Seismic Safety for Existing Federally Owned or Leased Buildings, (January 2002)		Provides requirements for leasing and acquisition of existing buildings.	All		P
Occupational Safety and Health Administration Regulations (29 CFR 1910.38)		Requires a written plan for emergency situations for each workplace where there is a possibility of an emergency. Appropriate portions of the plan shall be implemented in the event of an emergency.	All		P	G	C
Protests and Contract Disputes; 14 CFR, Parts 14 & 17.		Prescribes procedures for protests and contract disputes.	All		P		C
Standards of Conduct for Employees of the Executive Branch (5 CFR 2635)		Prohibits conflicts of interest	All		P	G	C
Uniform Federal Accessibility Standards (UFAS) (41 CFR 101-19.6 App. A)		Prescribes handicapped accessibility regulations for Federally owned or leased building premises.	Real Estate		P	G	C

End of Part IV

ADR	Alternative Dispute Resolution
AIP	Airport Improvement Program
AMS	Acquisition Management System
AOPC	Agency/Organization Program Coordinator
AP	Approving Official
ASAG	Acquisition System Advisory Group
BCAR	Business Case Analysis Report
CAS	Cost Accounting Standards
CAS	Commercially Available Software (2^nd definition for this acronym)
CCB	Configuration Control Board
CCD	Configuration Control Decision
CIB	Card Issuing Bank
CIP	Capital Investment Plan
CIT	Capital Investment Team
CM	Configuration Management
CO	Contracting Officer
COCO	Chief of the Contracting Office
COI	Critical Operational Issue
COTS	Commercial Off The Shelf
CPIC	Capital Planning and Investment Control
DPA	Delegation of Procurement Authority
DOT	Department of Transportation
DRO	Dispute Resolution Officer
EA	Enterprise Architecture
EIS	Environmental Impact Statement
EVM	Earned Value Management
F&E	Facilities and Equipment
FAA	Federal Aviation Administration
FAST	FAA Acquisition System Toolset
FISMA	Federal Information Security and Management Act
FONSI	Finding of No Significant Interest
FSS	Federal Supply Schedule
GFI	Government Furnished Information
GFP	Government Furnished Property
GSA	General Services Administration
ILS	Integrated Logistics Support
IOT&E	Independent Operational Test and Evaluation
IRT	Integrated Requirements Team
ISM	In-Service Manager
ISR	In-Service Review
ISS	Information System Security
JRC	Joint Resources Council
LOB	Line of Business
MCC	Merchant Category Codes
MOA	Memorandum of Agreement
MOU	Memorandum of Understanding
NAIC	North American Industry Classification
NAS	National Airspace System
NCP	National Airspace System Change Proposal
NDI	Non-developmental Item
ODR	Office of Dispute Resolution
O&M	Operations and Maintenance
OMB	Office of Management and Budget
OPR	Offices of Primary Responsibility
OSHA	Occupational Safety and Health Administration
OST	Office of the Secretary of Transportation
P3I	Preplanned Product Improvement
PSM	Procurement Strategy Meeting
PT	Product Team
QRO	Quality Reliability Officer
QVL	Qualified Vendor List
RCCB	Regional Configuration Control Board
RE&D	Research, Engineering, and Development
RFO	Request For Offer
RMA	Reliability, Maintainability, and Availability
SB	Small Business
SDB	Small Disadvantage Business
SDVOSB	Service-Disabled Veteran Owned Small Business
SEDB	Socially and Economically Disadvantaged Businesses
SIC	Standard Industrial Classification
SIR	Screening Information Request
SSO	Source Selection Official
T&E	Test and Evaluation
U.S.C.	United States Code
VSB	Very Small Business