Item C04Meeting Date: June 20, 2012
Bulk Item: YES
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Division: COUNTY ADMINISTRATOR
Department: AIRPORTS
Staff Contact Person/Phone #: Peter Horton, 809-5200
AGENDA ITEM WORDING: Approval of Lease Agreement No. DTFAEN-I2-L-00072 with the U.S.
Department of Transportation Federal Aviation Administration for Air Traffic Control Tower storage at the Key
West International Airport (replacing Lease No. DTFA06-03-L-05229).
ITEM BACKGROUND: The current Lease No. DTFA06-03-L-05229 expires on September 30, 2012.
PREVIOUS RELEVANT BOCC ACTION: The FAA Lease No. DTFA06-03-L-05229 was originally
approved at the July 15, 2003 BOCC meeting, with a supplemental agreement approved by the BOCC at the
September 19, 2007 meeting as item #C-4.
CONTRACT/AGREEMENT CHANGES: new agreement
STAFF RECOMMENDATION: Approval
TOTAL COST: NA INDIRECT COST: NA
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: NA
COST TO AIRPORT: NA
COST TO PFC: NA
REVENUE PRODUCING: Yes X
APPROVED BY: County Attorney X_
DOCUMENTATION: Included X
BUDGETED: NA
SOURCE OF FUNDS: NA
AMOUNT PER YEAR: $11,397.36
ELI
OMB/Purchasing Risk Management
Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: US Dept of Transportation FAA
Jet Lag Accessories, LLC
Effective Date: October 1, 2012
Expiration Date: September 30, 2017
Contract Purpose/Description: Rental Space at the Key West International Airport
Contract Manager: Peter Horton # 5200 Airports - Stop # 5
(name) (Ext.) (Department/ Stop)
for BOCC meeting on: June 20, 2012 Agenda Deadline: June 5, 2012
CONTRACT COSTS
Total Dollar Value of Contract: $11,397.36/year Current Year Portion:
Budgeted? Account Codes:
Grant:
County Match: NA
ADDITIONAL COSTS
Estimated Ongoing Costs: For: .
(not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.
CONTRACT REVIEW
Changes
Date In
Needed
Reviewer
Date Out
Yes No
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U.S. Department
of Transportation
Federal Aviation
Administration
Eastern Logistics Service Area
Logistics Division
Real Estate & Utilities Group
ASO-53
April Pearson
Sr. Administrator of Airport Business
Monroe County - Florida
3491 S. Roosevelt Boulevard
Key West, FL 33040-5260
Dear Ms. Pearson:
P.O Box 20636
Atlanta, Georgia 30320-0636
This is in reference to Federal Aviation Administration (FAA) Lease No. DTFA06-03-L-05229,
covering the Air Traffic Control Tower (ATCT) storage site, Key West, Florida. This agreement
will expire on midnight, September 30, 2012.
The Government has a continuing requirement for this space for the benefit of the general flying
public. Enclosed are three (3) copies of the new lease agreement under the same terms and
conditions as the existing lease agreement.
Should you have any questions, feel free to contact me at (404) 305-5726. Your cooperation in
this matter is greatly appreciated.
Sincerely,
Rickey Bailey
Real Estate Spec ist
FAA Real Estate & Utilities Group
FY:
F11-12
T EW- .I I
APR 2012
BY:
U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION
ADMINISTRATION
SMALL LEASE for REAL PROPERTY
Lease No: DTFAEN- 12-L-00072
Geographical Location: Key West, Florida 33040
Date of Lease:10/1/2012
1. THIS LEASE (9/98), entered into by and between Monroe County Board of County
Commissioners whose interest in the property hereinafter described is that of owner,
hereby referred to as LESSOR, and the United States of America, hereinafter referred to
as the GOVERNMENT OR FAA: WITNESSETH: The Parties hereto, and for the
consideration hereinafter mentioned, covenant and agree as follows:
2. DESCRIPTION (10/96) - The LESSOR hereby leases to the GOVERNMENT the
following described premises: approximately 454.44 square feet of net usable space
located on the second floor of the Terminal Building for Air Traffic Control Tower
(ATCT) storage, Key West International, Monroe County, Florida.
3. TERM (1/01) - To have and to hold, for the term commencing on October 1, 2012 and
continuing through September 30, 2017 inclusive, PROVIDED, that adequate
appropriations are available from year to year for the payment of rentals.
This lease succeeds lease Lease No: DTFA06-03-L-05229, which expires on September
30, 2012
4. CANCELLATION (8/02) -The GOVERNMENT may terminate this lease at any time,
in whole or in part, if the Real Estate Contracting Officer (RECO) determines that a
termination is in the best interest of the Government, on or after by giving at least
30 days notice in writing to the LESSOR. No rental will accrue after the effective date of
termination. Said notice will be computed commencing with the day after the date of
mailing.
5. RENTAL (10/96) - Rent in the amount of $11,397.36 per year, or $949.78 per month
will be payable to the LESSOR in arrears and will be due on the first workday of each
month, without the submission of invoices or vouchers, subject to available
appropriations. Rent will be considered paid on the date a check is dated or an electronic
funds transfer is made. Rent for a period of less than a month will be prorated. Checks _
will be made payable to: RECE1V ki_.o
Board of Commissioners, Monroe County Florida
c/o Director of Airports MAR 15 2012
3491 South Roosevelt Boulevard
Key West, Florida 33040 PZ''
2.6.9 Small Space Lease Form
April 2010
OMB Control No. 2120-0595
MIX
Pg. 1
6. SERVICES AND UTILITIES (To be provided by LESSOR as part of rent. Services
will be Building Standard, unless level of service is prescribed elsewhere in the lease.)
(10/96)
Services, utilities, and maintenance will be provided daily, extending from 7a.m. to 5p.m.
except Saturday, Sunday, and Federal holidays. Services supplied to technical equipment
will be supplied 24 hours a day, and seven days a week. The GOVERNMENT will have
access to the leased premises at all times, including the use of electrical services, toilets,
lights, elevators, and GOVERNMENT office machines without additional payment.
ELECTRICITY
WATER (hot & cold)
CHILLED DRINKING WATER
HVAC 68 to 74 DEG. F
DAILY TOILET SUPPLIES & CLEANING
GROUND MAINTENANCE
INITIAL & REPLACEMENT LAMPS, TUBES, & BALLASTS
EXTERIOR & INTERIOR DOOR LOCKS AND HARDWARE Designed to accept 7-
pin removable cores manufactured "Best Lock", which will be supplied by the
Government.
PARKING AS FOR AIRPORT EMPLOYEES
Utilities Not Provided by the Lessor (10/96)
If the cost of utilities is not included as part of the rental consideration, the LESSOR must
specify which utilities are excluded. The LESSOR will provide separate meters for
utilities to be paid for by FAA. When FAA is to pay for utilities, the LESSOR will
furnish the RECO, prior to occupancy by the FAA, written verification of the meter
numbers and certification that these meters will measure FAA usage only. Proration is
not permissible. If the cost of utilities for heating, ventilation, and air conditioning is not
included as part of the rental considerations, an automatic control system will be provided
to assure compliance with heating and air conditioning provisions included in this
specifications package.
7. GENERAL CLAUSES:
a. DAMAGE BY FIRE OR OTHER CASUALTY (10/96) - If the building or
structure is partially or totally destroyed or damaged by fire or other casualty or if
environmentally hazardous conditions are found to exist so that the leased
2.6.9 Small Space Lease Form RBJ
April 2010
OMB Control No. 2120-0595 Pg. 2
premises is untenantable as determined by the GOVERNMENT, the
GOVERNMENT may terminate the lease, in whole or in part, immediately by
giving written notice to the LESSOR and no further rental will be due.
b. MAINTENANCE OF THE PREMISES (10/96) - The LESSOR will maintain
the demised premises, including the building, grounds, and all equipment,
fixtures, and appurtenances furnished by the LESSOR under this lease, in good
repair and tenantable condition.
c. FAILURE IN PERFORMANCE (10/96) - In the event the LESSOR fails to
perform any service, to provide any item, or meet any requirement of this lease,
the GOVERNMENT may perform the service, provide the item, or meet the
requirement, either directly or through a contract. The GOVERNMENT may
deduct any costs incurred for the service or item, including administrative costs,
from the rental payments. No deduction of rent pursuant to this clause will
constitute default by the GOVERNMENT on this lease.
d. ACCESSIBILITY (10/06) - The Building and the leased premises shall be
accessible to persons with disabilities pursuant to the Architectural Barriers Act
and Rehabilitation Act as detailed in the Architectural Barriers Act Accessibility
Standards (ABAAS) 41 CFR Parts 102-71, 102-72, et al, and all applicable state
and local accessibility laws and regulations.
e. CONTRACT DISPUTES (11/03)
All contract disputes and arising under or related to this lease contract will be resolved
through the Federal Aviation Administration (FAA) dispute resolution system at the
Office of Dispute Resolution for Acquisition (ODRA) and will be governed by the
procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by
reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110
and will apply only to final agency decisions. A LESSOR may seek review of a final
FAA decision only after its administrative remedies have been exhausted.
All Contract Disputes will be in writing and will be filed at the following address:
Office of Dispute Resolution for Acquisition, AGC-70,
Federal Aviation Administration, 800 Independence Avenue, S.W., Room
323,Washington, DC 20591,
Telephone: (202) 267-3290,
Facsimile: (202) 267-3720
A contract dispute against the FAA will be filed with the ODRA within two (2) years of
the accrual of the lease contract claim involved. A contract dispute is considered to be
filed on the date it is received by the ODRA.
2.69 Small Space Lease Form
April 2010
OMB Control No. 2120-0595
ME
Pg. 3
The full text of the Contract Disputes clause is incorporated by reference. Upon request
the full text will be provided by the RECO.
f. PROTEST 01/03)
Protests concerning Federal Aviation Administration Screening Information Requests
(SIRS) or awards of lease contracts will be resolved through the Federal Aviation
Administration (FAA) dispute resolution system at the Office of Dispute Resolution for
Acquisition (ODRA) and will be governed by the procedures set forth in 14 C.F.R. Parts
14 and 17, which are hereby incorporated by reference. Judicial review, where available,
will be in accordance with 49 U.S.C. 46110 and will apply only to final agency decisions.
A protestor may seek review of a final FAA decision only after its administrative
remedies have been exhausted.
Offerors initially will attempt to resolve any issues concerning potential protests with the
RECO.
Protests will be in writing and will be filed at:
Office of Dispute Resolution for Acquisition, AGC-70,
Federal Aviation Administration, 800 Independence Avenue, S.W., Room 323,
Washington, DC 20591
Telephone: (202) 267-3290; or
Facsimile: (202) 267-3720
At the same time as filing the protest with the ODRA, the protestor will serve a copy of
the protest on the RECO.
A protest is considered to be filed on the date it is received by the ODRA and will be
filed: (1)Not later than seven (7) business days after the date the protester knew or should
have known of the grounds for the protest; or (2) If the protester has requested a post -
award debriefing from the RECO, not later than five (5) business days after the date on
which the RECO holds that debriefing.
The full text of the Contract Protest clause is incorporated by reference. Upon request
the full text will be provided by the RECO.
g. LESSORS SUCCESSORS (10/96) - The terms and provisions of this lease and the
conditions herein bind the LESSOR and the LESSOR's heirs, executors, administrators,
successors, and assigns.
h. NO WAIVER (10/96) - No failure by the GOVERNMENT to insist upon strict
performance of any provision of this lease, or failure to exercise any right, or remedy
consequent to a breach thereof, will constitute a waiver of any such breach in the future.
in. The following clauses are incorporated by reference: Upon request the full text will
be provided by the RECO.
2.6.9 Small Space Lease Form
April 2010
OMB Control No. 2120-0595
_T
Pg. 4
DEFAULT BY LESSOR (10/96)
COMPLIANCE WITH APPLICABLE LAWS (10/96)
OFFICIALS NOT TO BENEFIT (10/96)
COVENANT AGAINST CONTINGENT FEES (8/02)
ANTI -KICKBACK (10/96)
EXAMINATION OF RECORDS (10/96)
ASSIGNMENT OF CLAIMS (10/96)
SUBORDINATION, NONDISTURBANCE AND ATTORNMENT (10/96)
INTEGRATED AGREEMENT (10/96)
EQUAL OPPORTUNITY (10/96)
AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM
ERA VETERANS (10/96)
AFFIRMATIVE ACTION FOR DISABLED WORKERS (10/96)
SEISMIC SAFETY FOR EXISITING BULDINGS (1/07)
CCR (10/06)
EFT(10/06)
8. ATTACHMENTS (8/02) -
X See herein attached - Attachment A
2.6.9 Small Space Lease Form
April 2010
OMB Control No. 2120-0595
Pg. 5
IN WITNESS WHEREOF, the parties hereto have signed their names:
9a. NAME AND TITLE OF 19b. SIGNATURE OF OWNER 9c. DATE
LESSOR/OWNER (Type or Print)
1
;Monroe County Board of County
!Commissioners
10/96)
THIS DOCUMENT IS NOT BINDING ON THE GOVERNMENT OF THE UNITED
(STATES OF AMERICA
UNLESS SIGNED BELOW BY AUTHORIZED CONTRACTING OFFICER.
1 Oa. NAME OF REAL ESTATE 10b. SIGNATURE OF REAL I Oc. DATE
CONTRACTING OFFICER ('Type or ESTATE CONTRACTING
Print) OFFICER
s
�hirley A. Williams
i
i 10/96)
"ASSISTANT COONTY ATTO NEY
Date Z s t'' Z
2.6.9 Small Space Lease Form
April 2010
OMB Control No. 2120-0595
W
Pg. 6
ATTACHMENT A
for Small Lease
Lease Number
No: DTFAEN-I2-L-00072,
I. SECTION A - GENERAL BUILDING REQUIREMENTS AND SPECIFICATIONS
A1-General Health and Safety Standards (8/02)
Local Health, Environmental (OSHA and EPA), and Safety Standards and Building
Codes will be complied with when accomplishing any cleaning, construction, renovation,
remodeling, maintenance or testing done in the leased premises and areas connected to or
integrated with the leased premises. Whenever FAA Standards require work processes or
precautions to be provided, the LESSOR will coordinate with the FAA during the work
so that proper requirements are met.
II. SECTION B - SAFETY AND FIRE PREVENTION
Bl-Fire and Safety Requirements (8/02)
All NFPA Standards addressed in this section reference the current edition of NFPA in
place at the signing of this contract. At any point when construction takes place, systems
will be brought into compliance according to the current edition of NFPA. The building
will, as required by Code, be equipped with automatic sprinklers which conform to
NFPA No. 13, be maintained in accordance with NFPA No. 13A, have electrically
supervised control valves (NFPA No. 13), and have water -flow alarm switches connected
to automatically notify the local fire department (NFPA No. 72) or central station (NFPA
No. 71). The notification of the fire department or central station will be accomplished
through the building fire alarm system. Regardless of code requirements when the leased
premises (including garage areas under lease by the FAA) is on the 6th floor and above,
or below grade, sprinklers are required.
A manual fire alarm system will be provided, maintained, and tested by the LESSOR in
accordance with NFPA Standard No. 71 and 72 in buildings, which are three (3) or more
stories in height or contain more than 50,000 square feet gross floor area. The fire alarm
system wiring and equipment must be electrically supervised and automatically notify the
local fire department and conform to NFPA Standards No. 70 and 72. Engineered smoke
control systems, if present, will be maintained in accordance with the manufacturers
recommendations.
2.6.9 Small Space Lease Form
April 2010
OMB Control No. 2120-0595
Pg. 7
Fire -safety, equivalent to the requirements stated above in this clause, may be accepted,
at the discretion of the RECO, if certified by a Licensed Fire Protection Engineer.
Portable fire extinguishers will be provided, inspected, and maintained by the LESSOR in
accordance with NFPA Standard No.10.
132-Halon (8/02)
Wherever halon is used in a facility as a fire extinguishing system, the LESSOR will
comply with all NFPA standards regarding use of and safety requirements for the use of
halon.
133-Indoor Air Quality (8/02)
The LESSOR will control contaminants at the source and/or operate the space in such a
manner that the indicator levels for carbon monoxide (CO), carbon dioxide (CO2), and
formaldehyde (HCHO), are not exceeded. The indicator levels for office area are as
follows: CO-9 parts per million (PPM) time weighted average (TWA - 8-hour sample);
CO2 - 1,000 PPM (TWA); HCHO - 0.1 PPM (TWA). All indoor air contaminant levels
in leased premises will be kept below appropriate OSHA regulations or Consensus
standards, whichever is stricter. Air quality and facility cleaning will be adequate to
prevent the growth of mold, mildew and bacteria. Any visual evidence of these will
require immediate sampling and remediation. Moisture/standing water will be controlled
to prevent the growth of these.
During working hours, ventilation will be provided in accordance with the latest edition
of ANSUASHRAE Standard 62, Ventilation for Acceptable Indoor Air Quality. The FAA
HVAC Checklist will be reviewed with the Preconstruction checklist at the
preconstruction meeting.
The LESSOR will promptly investigate indoor air quality (IAQ) complaints and will
implement controls including alteration of building operating procedures (e.g., adjusting
air intakes, adjusting air distribution, cleaning and maintaining HVAC, etc.). The FAA is
responsible for addressing IAQ problems resulting from its own activities.
MSDS will be provided for all cleaning solutions used in the FAA spaces.
134-OSHA Requirements (10/96)
The LESSOR will provide space, services, equipment, and conditions that comply with
Occupational Safety and Health Administration (OSHA) safety and Health standards (29
CFR 1910 and 1926).
135-Radon (10/96)
Radon levels in leased premises to the FAA will not equal or exceed the EPA action level
for homes of four (4 ) picocuries per liter (PCUL). If radon levels are found to be at or
above 4 PCUL, the LESSOR will develop and promptly implement a plan of corrective
action.
2.6.9 Small Space Lease Form RBJ
April 2010
OMB Control No. 2120-0595 Pg. 8
136-Refri erants (_8/02)
The LESSOR will identify which refrigerants are used in the HVAC systems in the
spaces covered by this lease. The lease will provide for use of refrigerants consistent with
EPA and ASHRAE requirements.
137-Warranty Of Space (8/02)
a) Notwithstanding inspection and acceptance by the Government or any provision
concerning the conclusiveness thereof, the LESSOR warrants that all leased
premises to the Government under this contract, spaces above suspended ceilings
in the leased premises, air plenums elsewhere in the building which service the
leased premises, engineering spaces in the same ventilation zone as the leased
premises, public spaces and common use space (e.g., lobbies, hallways) will, at
the time of acceptance and during the term of the lease contract, comply with the
asbestos containing material (ACM) and polychlorinated biphenyl (PCB)
requirements of the Toxic Substance Control Act. The RECO will notify the
LESSOR in writing, within 30 days after the discovery, of any failure to comply
with the asbestos requirement. With any construction work, LESSOR would be
required to comply with the OSHA regulations for Asbestos and relevant FAA
orders.
b) The leased premises will be free of all asbestos -containing material, PCBs,
Radon, and other environmentally hazardous substances. If either ACMs or PCBs
are found to be in the leased premises the Government reserves the right to
require the LESSOR, at no cost to the GOVERNMENT, to take whatever
corrective action as might be required by the Toxic Substance Control Act, EPA
regulations and state requirements. All facilities constructed prior to 1981 are to
have an asbestos building survey conducted by a qualified inspector including a
visual examination and bulk sampling. All ACM survey reports are to be made
available to the RECO.
c) If the LESSOR fails, after receipt of notice, to make correction within the
specified period of time, the Government will have the right to make correction
and charge to the LESSOR the costs occasioned to the FAA or terminate the lease
agreement at no cost to the Government.
d) The rights and remedies of the FAA in this clause are in addition to any other
rights and remedies provided by the law and under this contract.
e) Definitions.
(1) "Acceptance", as used in this clause means the act of an authorized
representative of the Government by which the Government assumes for itself, or
as an agent of another, the leased premises as ready for occupancy or approves a
portion of the premises for occupancy in accordance with the provisions of this
lease contract.
(2) "Correction", as used in this clause, means (i) the removal, encapsulation or
enclosure of any friable asbestos materials found in the leased premises to the
Government, spaces above suspended ceilings in the leased premises, air plenums
2.6.9 Small Space Lease Form
April 2010
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RBJ
Pg. 9
elsewhere in the building which service the leased premises, public spaces,
engineering spaces in the same ventilation zone as the leased premises and
common use space (e.g., lobbies, hallways). Following such abatement actions,
the LESSOR will adhere to the FAA's required post -asbestos -abatement air
monitoring program. (ii) With regard to non -friable asbestos materials in good
condition, it means the establishment and execution of a special operations and
maintenance program and an abatement plan, approved by the Government, to be
implemented from the time the materials are discovered through the remainder of
the lease term, and (iii) with regard to PCBs, it involves the removal or
retrofitting, in accordance with EPA regulations, of any PCB equipment present
in the building.
IV. SECTION C MISCELLANEOUS
C I - Non -Restoration (10/96)
The FAA will have no obligation to restore and/or rehabilitate, either wholly or partially,
the premises under this lease. It is further agreed that the FAA may abandon in place any
or all of the structures, improvements and/or equipment installed in or located upon said
property by the FAA during its tenure. Notice of abandonment will be conveyed to the
LESSOR in writing.
C2 Occupancy Permit 8/02) - The premises offered will have a valid Occupancy Permit,
issued by the local jurisdiction, for the intended use of the Government, or the Offeror
will complete and provide a certified copy of "FAA Safety & Environmental Checklist "
form, in lieu of an occupancy permit, at the contracting officers discretion. The leased
premises, all accesses to the leased premises, building operations, equipment, services, or
utilities furnished by the LESSOR, and activities of other occupants, will be free of
safety, health, and fire hazards. When such hazards are detected, they must be promptly
corrected at the LESSOR's expense.
V. SECTION D SECURITY REQUIREMENTS
DI Facility Security (4/09)
D1 - Security requirements for Government occupied space must meet minimum -security
accreditation standards for the type of facility covered by this lease. The FAA Facility
Security Management Program defines facility security accreditation standard levels.
The security requirements identified below are tailored specifically for the type of facility
covered by this solicitation. The Lessor shall provide or make accommodation to provide
for all the security requirements listed herein for the leased premises covered by this lease
agreement:
Contact your local Servicing Security Element (SSE) at for a list of your security
requirements.
The local SSE will determine any additional security upgrades that are required to meet
accreditation and shall conduct a final security assessment of the building. The Lessor
2.6.9 Small Space Lease Form
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Pg. 10
shall provide maintenance services to the security upgrades installed within the leased
premises and covered under this lease.
D2 - Contractor Personnel Suitability Requirements (4/09)
(a) This clause applies to the extent that this contract requires contractor
employees, subcontractors, or consultants to have unescorted access to FAA:
(1) Facilities;
(2) Sensitive information; and/or;
(3) Resources regardless of the location where such access occurs, and none
of the exceptions of FAA Order 1600.72A, Contractor and Industrial Security
Program, Chapter 5, paragraphs 4, 6, 7 and 8 pertains.
Definitions of applicable terminology are contained in the corresponding
guidance and FAA Order 1600.72A, appendix A.
(b) Consistent with FAA Order 1600.72A, the FAA Servicing Security Element
(SSE) has approved designated risk levels for the positions under the contract.
Those designated risk levels are: N/A
(c) If a National Agency Check with Inquiries (NACI) or other investigation is
required under paragraph (b) for a given position, the contractor will submit to the
Contracting Officer (CO) a point of contact (POC) that will enter applicant data
into the Vendor Applicant Process (VAP) system (vap.faa.gov). VAP is a FAA
system used to process and manage security information for FAA contractor
personnel. Each contract may have up to 5 POCs. Once designated, a VAP
administrator will provide each POC a Web ID and password.
The type of investigation conducted will be determined by the position risk level
designation for all duties, functions, and/or tasks performed and will serve as the
basis for granting a favorable employment suitability authorization as described in
FAA Order 1600.72A. If an employee has had a previous U. S. Government
conducted background investigation which meets the requirements of Chapter 5
of FAA Order 1600.72A and Homeland Security Presidential Directive 12
(HSPD-12), it will be accepted by the FAA. However, the FAA reserves the right
to conduct further investigations, if necessary. The contract may include positions
that are temporary, seasonal, or under escort only. In such cases, a FAA Form
1600-77 for each specific position will be established as the investigative
requirements may differ from the NACI.
The following information must be entered into VAP by the POC for each
applicant requiring an investigation:
o Name;
o Date and place of birth (city and state);
o Social Security Number (SSN)
o Position and office location;
2.6.9 Small Space Lease Form
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Pg. 11
o Contract number;
o Current e-mail address and telephone number (personal or work);
and
o Any known information regarding current security clearance or
previous investigations (e.g. the name of the investigating entity,
type of background investigation conducted, contract number,
labor category (Position), and approximate date the previous
background investigation was completed).
If a prior investigation exists and there has not been a 2 year break in service by
the applicant, the SSE will notify the contractor that no investigation is required
and that final suitability is approved.
If no previous investigation exists, the SSE will send the applicant an e-mail (this
step may be delegated to VAP POC):
o Stating that no previous investigation exists and the applicant must
complete a form through the Electronic Questionnaires for
Investigations Processing (eQIP) system;
o Instructing the applicant how to enter and complete the eQIP form;
o Providing where to send/fax signature and release pages and other
applicable forms; and
o Providing instructions regarding fingerprinting.
The applicant must complete the QIP form and submit other required material
within 15 days of receiving the e-mail from the SSE.
For items to be submitted outside QIP, the contractor must submit the required
information with a transmittal letter referencing the contract number to:
Headquarters Contracts:
Manager, Personnel Security Division, AIN-400
800 Independence Avenue, S.W., Room 315
Washington, D.C. 20591
Regional and Center Contracts:
FAA
Security and Hazardous Material Division
1701 Columbia Avenue
College Park, GA 30037
The transmittal letter must also include a list of all of the names of contractor
employees and their positions for which completed forms will be submitted to the
SSE pursuant to this Clause.
2.6.9 Small Space Lease Form
April 2010
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Pg. 12
(d) The contractor must submit the information required by paragraph (c) of this
Clause for any new employee not listed in the Contractor's initial submission who
is hired into any position identified in paragraph (b) of this Clause.
(e) The CO will provide notice to the contractor when any contractor employee is
found to be unsuitable or otherwise objectionable, or whose conduct appears
contrary to the public interest, or inconsistent with the best interest of national
security. The contractor must take appropriate action, including the removal of
such employee from working on this FAA contract, at their own expense. Once
action has been taken, the contractor will report the action to the CO and SSE.
(f) No contractor employee will work in a high, moderate, or low risk position
unless the SSE has received all forms necessary to conduct any required
investigation and has authorized the contractor employee to begin work.
(g) The contractor must notify the CO within one (1) business day after any
employee identified pursuant to paragraph (c) of this Clause is terminated from
performance on the contract. This notification must be done utilizing the Removal
Entry Screen of VAP. If FAA issued the terminated employee and identification
card, the contractor must collect the card and submit it to the SSE.
(h) The CO may also, after coordination with the SSE and other security
specialists, require contractor employees to submit any other security information
(including additional fingerprinting) deemed reasonably necessary to protect the
interests of the FAA. In this event, the contractor must provide, or cause each of
its employees to provide, such security information to the SSE, and the same
transmittal letter requirements of paragraph (c) of this Clause applies.
(i) The contractor and/or subcontractor(s) must contact the Servicing Security
Elements (Regional and/or Center Security Divisions) or AIN-400 at
Headquarters within one (1) business day in the event an employee is arrested
(detained by law enforcement for any offenses, other than minor traffic offenses)
or is involved in theft of government property or the contractor becomes aware of
any information that may raise a question about the suitability of a contractor
employee.
0) Failure to submit information required by this clause within the time required
may be determined by the CO a material breach of the contract.
(k) If subsequent to the effective date of this contract, the security classification or
security requirements under this contract are changed by the Government and if
the changes cause an increase or decrease in direct contract costs or otherwise
affect any other term or condition of this contract, the contract will be subject to
an equitable adjustment.
2.6.9 Small Space Lease Form
April 2010
OMB Control No. 2120-0595
RIM
Pg. 13
(1) The contractor agrees to insert terms that conform substantially to the language
of this clause, including paragraph (k) but excluding any reference to the Changes
clause of this contract, in all subcontracts under this contract that involve access
and where the exceptions under Chapter 5, FAA Order 1600.72A do not apply.
(m) Contractor employees who have not undergone a background investigation
must be escorted at all times. In some instances, a contractor employee may be
required to serve as an escort. To serve as an escort, a contractor employee must
have a favorably adjudicated fingerprint check and initiated a NACI with FAA.
2.6.9 Small Space Lease Form
April 2010
OMB Control No. 2120-0595
RBJ
Pg. 14