690EG4-23-L-00089 12/13/2023 ON-AIRPORT LAND LEASE
Between
THE UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
And
BOARD OF COUNTY COMMISSIONERS MONROE COUNTY
FAA CONTRACT NO: 690EG4-23-L-00089
ATID/FACILITY TYPE:EYW-ATCT/AIR TRAFFIC CONTROL TOWER
LOCATION:KEY WEST,FL
l. Preamble (09/2021) 6.1.1 This Lease for real property is hereby entered into by and between Board
of County Commissioners Monroe County, hereinafter referred to as the Lessor and the United
States of America, acting by and through the Federal Aviation Administration, hereinafter referred to
as the FAA.
2. Definitions (09/2021) 6.1.1-1 For purposes of this document, the following definitions apply;
Contract-refers to this legal instrument used to acquire an interest in real property for the direct
benefit or use by the FAA. As used herein, contract denotes the document(for example- lease,
easement, memorandum of agreement, or other legally binding agreement)used to implement an
agreement between a customer(buyer) and a seller(supplier).
Contractor-refers to the party(ies)receiving a direct procurement contract from the FAA and who
is(are)responsible for performance of contract requirements. For purposes of this document, the
contractor may also be called the Lessor, Permittor, Licensor, Grantor, Airport, or Offeror depending
on the type of contract or the provision within the contract.
Government-refers to the United States of America acting by and through the Federal Aviation
Administration (FAA). For purposes of this document, Government and FAA are interchangeable.
Real Estate Contracting Officer(RECO) - is a trained and warranted official who contracts for real
property on behalf of the FAA. For purposes of this agreement, RECO is interchangeable with
Contracting Officer(CO).
3. Superseding Contract(09/2021) 6.1.2-1 This contract supersedes Previous Lease No. DTFA06-02-
L-04246 and all other previous agreements between the parties for the property described in this
document.
4. Lease Witnesseth (09/2021) 6.1.3 Witnesseth: The parties hereto, for the consideration hereinafter
mentioned, covenant and agree as follows:
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Description of Premises (09/2021) 6.1.4-3 This contract covers the following described property,
hereinafter referred to as the premises and hereby consisting of:
FACILITY SITE
A lease area located on the island of Key West at the Key West International Airport, Section three (3),
Township sixty-eight(68) South, Range twenty-five (25) East, Monroe County, State of Florida, being
more particularly described as follow, to-wit: commencing at the intersection of the North right-of-way
line of South Roosevelt Boulevard and the West boundary line of the land shown on the Plat"upper
tower site" as recorded in plat book one (1) at page thirty-one (31) of the public records of Monroe
County, State of Florida,thence N80°26'31"W along said North right-of-way line of South Roosevelt
Boulevard for a distance of 300.27 feet to the South West corner of the Land described in official
records book 1323 at page 2281 of Monroe County, State of Florida; thence NO1°36'31"W along the
West boundary line of said land described in official records book 1323 at page 2281 of
Monroe County, State of Florida for a distance of 435.94 feet to a corner of said land described in
official records book 1323 at page 2281 of Monroe County, State of Florida; thence N82°13'45"E and
leaving said West boundary line of land described in official records book 1323 at page 2281 of Monroe
County, State of Florida for a distance of 272.46 feet to the Point of Beginning; thence N00°41'05"W
for a distance of 75.44 feet to a point; thence N89°09'44"E for a distance of 47.16 feet to a point; thence
NO1°10'39"W for a distance of 70.51 feet to a point; thence N88°08'21"E for a
distance of 53.65 feet to a point; thence S00°57'58"E for a distance of 68.32 feet to a point; thence
S88°03'52"W for a distance of 38.16 feet to a point; thence S00°39'25"E for a distance of 53.29 feet to a
point; thence S89°59'38"E for a distance of 23.07 feet to a point; thence S00°33'51"E for a distance of
25.67 feet to a point; thence N89°52'21"W for a distance of 85.37 feet back to the Point of Beginning.
Said lease area contains 9,020.63 square feet, more or less.
A. Together with a right-of-way for ingress to and egress from the premises (for Government
employees, their agents and assigns); a right-of-way for establishing and maintaining electric power
and/or telecommunication lines to the premises; and a right-of-way for subsurface power,
communication and/or water lines to the premises; all rights-of-way to be over said lands and adjoining
lands of the contractor, and unless herein described otherwise, shall be reasonably determined by the
Government as the most convenient route.
B. This contract includes the right of grading, conditioning, installing drainage facilities, seeding the soil
of the premises, and the removal of all obstructions from the premises that may constitute a hindrance to
the establishment and maintenance of Government facilities.
C. The Government shall also have the right to make alterations, attach fixtures, erect additions,
structures, or signs, in or upon the premises hereby leased. All alterations and additions are and will
remain the property of the Government.
5. Purpose (09/2021) 6.1.5 It is understood and agreed that the use of the herein described premises
shall be related to FAA's activities in support of the National Airspace System (NAS).
6. Legal Authority (09/2021) 6.2.1 This contract is entered into under the authority of 49 U.S.C.
106(l)(6) and (n), which authorizes the Administrator of the FAA to enter into contracts, acquisitions
of interests in real property, agreements, and other transactions on such terms and conditions as the
Administrator determines necessary.
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7. Term (No Cost) (07/2022) 6.2.3-1 To have and to hold, for the term commencing on 10/01/2023
and continuing through 9/30/2043.
8. Consideration (No Cost) (09/2021) 6.2.4-4 The Government shall pay the contractor no monetary
consideration. It is mutually agreed that the rights extended to the Government herein are in
consideration of the obligations assumed by the Government in its establishment, operation and
maintenance of facilities upon the premises.
9. Termination (01/2023) 6.2.5 The Government may terminate this contract at any time, in whole or
in part, if the Real Estate Contracting Officer(RECO) determines that a termination is in the best
interest of the Government. The RECO shall terminate this contract by delivering a written notice
specifying the effective date of the termination. The termination notice shall be delivered at least 30
days before the effective termination date. No costs shall accrue as of the effective date of
termination.
10. Excuse (09/2021) 6.2.5-3
A. The Lessor will not be in default because of any failure to perform the requirements of this Lease
under its terms if the failure arises from causes beyond the control and without the fault or
negligence of the Lessor.
B. Permissible causes for excuse are:
i. acts of God(e.g., fires, floods,pandemics, epidemics, unusually severe weather, etc.),
ii. acts of the public enemy,
iii. acts of the Government in either its sovereign or contractual capacity,
iv. pandemic, epidemic, or quarantine restrictions,
v. strikes, and
vi. freight embargoes. In each instance, the failure to perform must be beyond the control and
without the fault or negligence of the Lessor.
C. Excuse will not be granted when:
i. the Lessor had actual or constructive knowledge prior to the Lease Award Date that he/she could
not perform in accordance with the requirements of the Lease contract;
ii. the conditions of the property prevent performance;
iii. the Lessor, its employees, agents or contractors, by error or omission, fails to perform; or
iv. the Lessor is unable to obtain sufficient financial resources to perform its obligations.
D. The RECO will ascertain the facts and extent of the failure. If the RECO determines that any
failure to perform is excusable, the RECO will revise the delivery schedule subject to the rights of
the Government under the default and termination clauses of this contract.
11. Binding Effect(09/2021) 6.2.6 The provisions of this contract and the conditions herein shall be
binding upon, and for the benefit of,the parties and their successors and assigns. In the event of any
sale or transfer of ownership of the property or any portion thereof, the Government will be deemed
to have attorned to any purchaser, successor, assign, or transferee. The succeeding owner will be
deemed to have assumed all rights and obligations of the contractor under this contract establishing
direct privity of estate and contract between the Government and said succeeding owner, with the
same force, effect, and relative priority in time and right as if the contract had initially been entered
into between such succeeding owner and the Government.
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12. Holdover (07/2023) 6.2.12 If after the expiration of the Lease, the Government shall retain
possession of the premises, the Lease shall continue in full force and effect on a month-to-month
basis. Payment shall be made in accordance with the Consideration clause of the Lease at the rate
paid during the Lease term. This period shall continue until the Government shall have signed a new
lease with the Lessor, acquired the property in fee, or vacated the premises.
13. RE Clauses Incorporated by Reference (09/2021) 6.3.0 This solicitation or contract, as applicable,
incorporates by reference the provisions or clauses listed below with the same force and effect as if
they were given in full text. Upon request, the RECO will make the full text available, or the full text
may be obtained via internet at https:Hfast.faa.gov/RPF_Real Property_Clauses.cfm.
A. Officials Not To Benefit(09/2021) 6.3.0-2
B. Assignment of Claims (09/2021) 6.3.0-3
C. Contracting Officer's Representative (09/2021) 6.3.0-4
D. Contingent Fees (09/2021) 6.3.0-5
14. Title to Improvements (09/2021) 6.3.5 Title to the improvements constructed for use by the
Government during the life of this Agreement shall be in the name of the Government.
15. Funding Responsibility for FAA Facilities (09/2021) 6.3.6 The Contractor agrees that all
Contractor requested relocation(s), replacement(s), or modification(s) of any existing or future FAA
navigational aid or communication system(s)necessitated by Contractor improvements or changes
will be at the expense of the Contractor. In the event that the Contractor requested changes or
improvements interferes with the technical and/or operational characteristics of the FAA's facility,
the Contractor will immediately correct the interference issues at the Contractor's expense. Any
FAA requested relocation, replacement, or modifications shall be at the FAA's expense. In the event
such relocations, replacements, or modifications are necessary due to causes not attributable to either
the Contractor or the FAA, funding responsibility shall be determined by mutual agreement between
the parties, and memorialized in a Supplemental Agreement.
16. Changes (07/2023) 6.3.8
A. The RECO may at any time, by written order via Supplemental Agreement, make changes within
the general scope of this Lease in any one or more of the following:
i. Work or services;
ii. Facilities or space layout;
iii. Amount of space/land;
iv. Any other change made within the scope of this lease.
B. If any such change causes an increase or decrease in the Lessor's cost or time required for
performance under this lease, the RECO will modify this Lease to provide one or more of the
following:
i. An equitable adjustment in the rental rate;
ii. A lump sum equitable adjustment;
iii. An equitable adjustment of the annual operating costs per rentable square foot; or
iv. An adjustment to the delivery date.
C. The Lessor must assert its right to an adjustment by written proposal under this clause within
thirty (30) days from the date of receipt of the change order. Lessor's request must include all
documentation necessary to validate his/her right to an adjustment.
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D. Nothing in this clause excuses the Lessor from proceeding with the change as directed.
E. Absent written supplemental agreement the Government is not liable to the Lessor under this
clause.
17. No Waiver (09/2021) 6.3.17 No failure by the Government to insist upon strict performance of any
provision of this Contract or failure to exercise any right, or remedy consequent to a breach thereof,
will constitute a waiver of any such breach in the future.
18. Non-Restoration (09/2021) 6.3.18 It is hereby agreed between the parties that, upon termination of
its occupancy, including any holdover period,the Government shall have no obligation to restore
and/or rehabilitate, either wholly or partially, the property that is the subject of this contract. It is
further agreed that the Government may abandon in place any or all of the structures and equipment
installed in or located upon said property by the Government during its tenure. Such abandoned
equipment shall become the property of the contractor.
19. Quiet Enjoyment (09/2021) 6.3.25 The Contractor warrants that they have good and valid title to
the premises, and rights of ingress and egress, and warrants and covenants to defend the
Government's use and enjoyment of said premises against third party claims.
20. Damage by Fire or Other Casualty or Environmental Hazards (09/2021) 6.3.26-1 If the
premises is partially or totally destroyed or damaged by fire or other casualty or if environmentally
hazardous conditions are found to exist so that the premises is untenantable as determined by the
Government, the Government may agree to allow restoration/reconstruction, or may elect to
terminate the contract, in whole or in part, immediately by giving written notice to the contractor.
21. Interference with FAA Operations (09/2021) 6.3.28-2 The Airport agrees not to erect or allow to
be erected any structure or obstruction of any kind or to allow any natural growth that the
Government determines would interfere with the proper operations of Government facilities.
The Airport agrees to keep areas around the Government's navigational aids mowed at all times to a
height so that weeds and vegetation will not be an obstruction to such operation or maintenance of
these facilities.
22. Hold Harmless (09/2021) 6.3.30 In accordance with and subject to the conditions, limitations and
exceptions set forth in the Federal Tort Claims Act, 28 U.S.C. Ch. 17, the Government will be liable
to persons damaged by any personal injury, death or injury to or loss of property, which is caused by
a negligent or wrongful act or omission of an employee of the Government while acting within the
scope of his office or employment under circumstances where a private person would be liable in
accordance with the law of the place where the act or omission occurred. The foregoing shall not be
deemed to extend the Government's liability beyond that existing under the Act at the time of such
act or omission or to preclude the Government from using any defense available in law or equity.
The County, as a political sub-division of the State of Florida, as defined in Section 768.28, Florida
Statutes, agrees to be fully responsible to the limits set forth in such statute for its own negligent acts
or omissions, or intentional tortuous acts, which result in claims or suits against either the FAA or
County, and agrees to be liable to the statutory limits for any damages proximately caused by said
acts or omissions, or intentional tortious acts.
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Nothing contained in this Section shall be construed to be a waiver by either parry of any protections
under sovereign immunity.
23. Compliance with Applicable Laws (01/2023) 6.3.31-1 This Contract shall be governed by federal
law. The Contractor shall comply with all applicable federal, state, and local laws. The Government
will comply with all federal, state, and local laws applicable to and enforceable against it,provided
that nothing in this lease shall be construed as a waiver of the sovereign immunity of the
Government.
24. Notification of Change in Ownership or Control of Land(10/2022) 6.3.34 If the Contractor sells,
dies or becomes incapacitated, or otherwise conveys to another parry or parties any interest in the
aforesaid land, rights of way thereto, and any areas affecting the premises, the Government shall be
notified in writing, of any such transfer or conveyance within 30 calendar days after completion of
the change in property rights. Concurrent with the written notification, the Contractor or
Contractor's heirs, representatives, assignees, or trustees shall provide the Government copies of the
associated legal document(s) (acceptable to local authorities) for transferring and/or conveying the
property rights.
25. Integrated Agreement (09/2021) 6.3.36 This Contract, upon execution, contains the entire
agreement of the parties, and no prior written or oral agreement, express or implied shall be
admissible to contradict the provisions of this Contract.
26. Unauthorized Negotiating (09/2021) 6.3.37 In no event shall the Contractor enter into
negotiations concerning the premises with anyone other than the RECO or his/her designee.
27. Contract Disputes (09/2021) 6.3.39
A. All contract disputes arising under or related to this contract shall be resolved through the Federal
Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for
Acquisition (ODRA) and shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17,
which are hereby incorporated by reference. Judicial review, where available, will be in accordance
with 49 U.S.C. 46110 and shall apply only to final agency decisions. A contractor may seek review
of a final FAA decision only after its administrative remedies have been exhausted.
B. The filing of a contract dispute with the ODRA may be accomplished by mail, overnight delivery,
hand delivery, or by facsimile, or if permitted by Order of the ODRA, by electronic filing. A
contract dispute is considered to be filed on the date it is received by the ODRA during normal
business hours. The ODRA's normal business hours are from 8:30 am to 5:00 pm Eastern Time.
C. Contract disputes are to be in writing and shall contain:
i. The contractor's name, address, telephone and fax numbers and the name, address, telephone and
fax numbers of the contractor's legal representative(s) (if any) for the contract dispute;
ii. The contract number and the name of the Contracting Officer;
iii. A detailed chronological statement of the facts and of the legal grounds for the contractor's
positions regarding each element or count of the contract dispute (i.e., broken down by individual
claim item), citing to relevant contract provisions and documents and attaching copies of those
provisions and documents;
iv. All information establishing that the contract dispute was timely filed;
v. A request for a specific remedy, and if a monetary remedy is requested, a sum certain must be
specified and pertinent cost information and documentation (e.g., invoices and terminated checks)
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attached, broken down by individual claim item and summarized; and
vi. The signature of a duly authorized representative of the initiating party
D. Contract disputes shall be filed at the following address:
i. For filing by hand delivery, courier or other form of in-person delivery:
Office of Dispute Resolution for Acquisition
Federal Aviation Administration
600 Independence Avenue SW., Room 2W100
Washington, DC 20591; or
For filing by U.S. Mail:
Office of Dispute Resolution for Acquisition
Federal Aviation Administration
800 Independence Avenue SW
Washington, DC 20591
[Attention: AGC-70, Wilbur Wright Bldg. Room 2W100]; or
Telephone: (202) 267-3290
Facsimile: (202) 267-3720
Alternate Facsimile: (202) 267-1293; or
ii. Other address as specified in 14 CFR Part 17.
E. A contract dispute against the FAA shall be filed with the ODRA within two (2) years of the
accrual of the contract claim involved. A contract dispute by the FAA against a contractor
(excluding contract disputes alleging warranty issues, fraud or latent defects) likewise shall be filed
within two (2) years after the accrual of the contract claim. If an underlying contract entered into
prior to the effective date of this part provides for time limitations for filing of contract disputes with
the ODRA which differ from the aforesaid two (2)year period, the limitation periods in the contract
shall control over the limitation period of this section. In no event will either party be permitted to
file with the ODRA a contract dispute seeking an equitable adjustment or other damages after the
contractor has accepted final contract payment,with the exception of FAA claims related to
warranty issues, gross mistakes amounting to fraud or latent defects. FAA claims against the
contractor based on warranty issues must be filed within the time specified under applicable contract
warranty provisions. Any FAA claims against the contractor based on gross mistakes amounting to
fraud or latent defects shall be filed with the ODRA within two (2)years of the date on which the
FAA knew or should have known of the presence of the fraud or latent defect.
F. A parry shall serve a copy of the contract dispute upon the other party, by means reasonably
calculated to be received on the same day as the filing is to be received by the ODRA.
G. After filing the contract dispute,the contractor should seek informal resolution with the
Contracting Officer.
H. The FAA requires continued performance with respect to contract disputes arising under this
contract, in accordance with the provisions of the contract,pending a final FAA decision.
I. The FAA will pay interest on the amount found due and unpaid from (1) the date the Contracting
Officer receives the contract dispute, or(2)the date payment otherwise would be due, if that date is
later, until the date of payment. Simple interest on contract disputes shall be paid at the rate fixed by
the Secretary of the Treasury that is applicable on the date the Contracting Officer receives the
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contract dispute and then at the rate applicable for each 6-month period as fixed by the Treasury
Secretary until payment is made. Interest will not accrue for more than one year.
J. Additional information and guidance about the ODRA dispute resolution process for contract
disputes can be found on the ODRA website at http://www.faa.gov.
28. Clearing/Disposing of Debris (09/2021) 6.3.41
A. The Government shall notify the Contractor in writing ten (10) days prior to the start of any
clearing of trees and/or brush and tree cuttings.
B. The Contractor grants the Government the right and privilege to enter upon the Contractor's land
in order to cut, trim, tip, shape and maintain any trees situated within the premises and said cutting
privilege granted to the Government shall include native grasses, scrub brush, and scrub to trees.
Only those trees that are determined by the Government to interfere with the operation and proper
function of the Government's facility will be subject to the Government's granted privilege.
Coordination with the Contractor will be made prior to any cutting of any selected trees.
C. The Government agrees to dispose of all grass, brush, and tree cuttings by the Government's
contractor. All tree logs, limbs, or branches 2 or more inches in diameter and 5 feet in length, shall
be stacked in an area selected by the Lessor. The Government's disposal of debris, grass, branches,
etc., shall comply with regulatory requirements.
29. Organizational Conflict of Interest(01/2023) 6.3.47
A. The offeror or Contractor warrants that, to the best of the Contractor's knowledge and belief, there
are no relevant facts or circumstances which could give rise to an organizational conflict of interest
(OCI), as defined in the FAA Acquisition Management System, "Organizational Conflicts of Interest
(T3.1.7)", or that the Contractor has disclosed all such relevant information.
B. The offeror or Contractor agrees that if an actual or potential OCI is discovered after award, the
Contractor must make a full disclosure in writing to the Contracting Officer. The disclosure must
include a mitigation plan describing actions the Contractor has taken or proposes to take to avoid,
mitigate, or neutralize the actual or potential conflict. Changes in the Contractor's relationships due
to mergers, consolidations or any unanticipated circumstances may create an unacceptable
organizational conflict of interest which may necessitate disclosure.
C. The FAA reserves the right to review and audit OCI mitigation plans as needed after award, and
to reject mitigation plans if the OCI, in the opinion of the Contracting Officer, cannot be avoided, or
mitigated.
D. The Contracting Officer may terminate this contract for convenience in whole or in part, if it
deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential OCI
prior to award or discovered an actual or potential conflict after award and did not disclose or
misrepresented relevant information to the Contracting Officer, the Government may terminate this
contract for default, debar the Contractor from government contracting, or pursue such other
remedies as may be permitted by law or this contract.
E. The Contractor further agrees to insert provisions which must conform substantially to the
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language of this clause including this paragraph (d) in any subcontract or consultant agreement
hereunder.
30. Hazardous Substance Contamination (09/2021) 6.8.1 The FAA agrees to remediate, at its sole
cost, all hazardous substance contamination on the FAA facility premises that is found to have
occurred as a direct result of the installation, operation, relocation and/or maintenance of the FAA's
facilities covered by this contract. The Contractor agrees to remediate at its sole cost, all other
hazardous substance contamination found on the FAA facility premises. The Contractor also agrees
to hold the FAA harmless for all costs, liabilities and/or claims by third parties that arise out of
hazardous contamination found on the FAA facility premises that are not directly attributable to the
installation, operation and/or maintenance of the facilities.
31. Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services
or Equipment(07/2023) 6.9.5
(a) Definitions. As used in this clause--
Backhaul means intermediate links between the core network, or backbone network, and the small
subnetworks at the edge of the network(e.g., connecting cell phones/towers to the core telephone
network). Backhaul can be wireless (e.g., microwave) or wired(e.g., fiber optic, coaxial cable,
Ethernet).
Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities,physical security surveillance
of critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such
equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an
entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the
Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or
controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means
(1) Defense articles or defense services included on the United States Munitions List set forth in the
International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of
Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the
Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal
Regulations, and controlled
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(i)Pursuant to multilateral regimes, including for reasons relating to national security, chemical and
biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening.
(3) Specially designed and prepared nuclear equipment,parts and components, materials, software,
and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to
foreign atomic energy activities);
(4)Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal
Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations,part 121 of
title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export
Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or
more networks to allow the use of another's network to hand off traffic where it is ultimately
delivered (e.g., connection of a customer of telephone provider A to a customer of telephone
company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession
about the identity of the producer or provider of covered telecommunications equipment or services
used by the entity that excludes the need to include an internal or third-parry audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited
network when unable to connect to the facilities of the home network either because signal coverage
is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or
performance of a piece of equipment, system, or service.
(b)Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Pub. L. 115-232)prohibits the head of an executive agency on or after August 13,
2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any
equipment, system, or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any system. The
Contractor is prohibited from providing to the Government any equipment, system, or service that
uses covered telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology as part of any system, unless an exception at paragraph (c) of
this clause applies or the covered telecommunication equipment or services are covered by a waiver
described in AMS T3.8.9C.1.c(5).
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Pub. L. 115-232)prohibits the head of an executive agency on or after August 13, 2020 from
entering into a contract, or extending or renewing a contract,with an entity that uses any equipment,
system, or service that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system, unless an
exception at paragraph (c) of this clause applies or the covered telecommunication equipment or
services are covered by a waiver described in AMS T3.8.9C.1.c(5). This prohibition applies to an
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entity that uses covered telecommunications equipment or services, including use not in support of
the Government.
(c) Exceptions. This clause does not prohibit contractors from providing
(1) A service that connects to the facilities of a third-parry, such as backhaul, roaming, or
interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility
into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as
a substantial or essential component of any system, or as critical technology as part of any system,
during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by
any other source, the Contractor must report the information in paragraph(d)(2) of this clause to the
Contracting Officer, unless elsewhere in this contract are established procedures for reporting the
information. For indefinite delivery contracts, the Contractor must report to the Contracting Officer
for the indefinite delivery contract and the Contracting Officer(s) for any affected order.
(2) The Contractor must report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number;
the order number(s), if applicable; supplier name; supplier unique entity identifier(if known);
supplier Commercial and Government Entity (CAGE) code (if known); brand; model number
(original equipment manufacturer number, manufacturer part number, or wholesaler number); item
description; and any readily available information about mitigation actions undertaken or
recommended.
(ii) Within 10 business days of submitting the information in paragraph(d)(2)(i) of this clause: Any
further available information about mitigation actions undertaken or recommended. In addition, the
Contractor must describe the efforts it undertook to prevent use or submission of covered
telecommunications equipment or services, and any additional efforts that will be incorporated to
prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor must insert the substance of this clause, including this paragraph
(e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition
of commercial items.
32. Covered Telecommunications Equipment or Services- Representations (09/2021) 6.9.5-1
(a) Definitions. As used in this provision, "covered telecommunications equipment or services" has
the meaning per the "Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment" clause in this contract.
(b)Procedures. The offeror must review the list of excluded parties in the System for Award
Management(SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for
covered telecommunications equipment or services.
(c) Representations.
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1. The offeror represents that it does, '%10" does not provide covered
telecommunications equipment or services as part of its offered products or services to the
Government in the performance of any contract, subcontract, or other contractual instrument.
2. After conducting a reasonable inquiry for purposes of this representation, the offeror represents
that it does, `�111„411111�`, does not use covered telecommunications equipment
or services, or any equipment, system, or service that uses telecommunications equipment or
services.
33. Representation Regarding Certain Telecommunications and Video Surveillance Services or
Equipment(09/2021) 6.9.5-2 NOTE: The offeror must not complete the representation at paragraph
(d)(1) in this provision if the offeror has represented that it does not provide covered
telecommunications equipment or services as part of its offered products or services to the
Government in the performance of any contract, subcontract, or other contractual instrument in the
provision "Covered Telecommunications Equipment or Services —Representation" (c)(1).
Additionally, The offeror must not complete the representation at paragraph (d)(2) in this provision
if the offeror has represented that it does not use covered telecommunications equipment or services,
or any equipment, system, or service that uses telecommunications equipment or services in the
provision "Covered Telecommunications Equipment or Services —Representation" (c)(2).
PROVISION/CLAUSE:
(a) Definitions. As used in this provision--
Backhaul, covered telecommunications equipment or services, critical technology, interconnection
arrangements, reasonable inquiry, roaming, and substantial or essential component have the
meanings provided in the clause AMS clause 6.9.5, Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment.
(b)Prohibitions.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Pub. L. 115-232)prohibits the head of an executive agency on or after August 13, 2019, from
procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment,
system, or service that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system.
Nothing in this prohibition will be construed to
(i)Prohibit the head of the agency from procuring with an entity to provide a service that connects to
the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot
permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Pub. L. 115-232)prohibits the head of an executive agency on or after August 13, 2020 from
entering into a contract or renewing a contract with an entity that uses any equipment, system, or
service that uses covered telecommunications equipment or services as a substantial or essential part
of any system or as critical technology as part of any system. This prohibition applies to any entity
that uses covered telecommunications equipment or services, including uses not in support of the
Government.
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Nothing in this prohibition will be construed to-
(i)Prohibit the head of the agency from procuring with an entity to provide a service that connects to
the facilities of a third-parry, such as backhaul,roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot
permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c)Procedures: The offeror must review the list of excluded parties in the System for Award
Management(SAM) (https://www.sam.gov) for entities excluded from Federal awards for covered
telecommunications equipment or services.
(d) Representations.
(1) The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment
or services to the Government in the performance of any contract, subcontract or other contractual
instrument resulting from this solicitation.
(2) After conducting a reasonable inquiry for purposes of this representation, the Offeror represents
that that it [ ]does, [ ]does not USE covered telecommunications equipment or services, or use any
equipment, system, or service that uses covered telecommunications equipment or services. The
Offeror must provide the additional disclosure information required at paragraph (e) if the Offeror
indicates "does".
(e) Disclosures. Disclosure for the representation in paragraph(d) (1) of this provision-
If the Offeror has responded "will" in the representation in paragraph(d) (1) of this provision, the
Offeror must provide the following information as part of the offer
(1) For covered equipment
(i) The entity that produced the covered telecommunications equipment(include entity name, unique
entity identifier, CAGE code, and whether the entity was the original equipment manufacturer
(OEM) or a distributor, if known;
(ii) A description of all covered telecommunications equipment offered(include brand; model
number, such as OEM number, manufacturer part number, or wholesaler number; and item
description, as applicable); and
(iii) Explanation of the proposed use of covered telecommunications equipment and any factors
relevant to determining if such use would be permissible under the prohibition in paragraph(b) (1)
of this provision;
(2) For covered services-
(i) If the service is related to item maintenance, a description of all covered telecommunications
services offered(include on the item being maintained: brand, model number, such as OEM number,
manufacturer part number, or wholesaler number; and item description, as applicable; or
(ii) If not associated with maintenance, the Product Service Code (PSC) of the service being
provided; and explanation of the proposed uses of covered telecommunications services and any
factors relevant to determining if such use would be permissible under the prohibition in paragraph
(b)(1) of this provision.
Disclosure for representation in paragraph (d) (2) of this provision. If the Offeror has responded
"does"to paragraph(d)(2) of this provision, the offeror must provide the following information as
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part of the offer
(3) For covered equipment
(i)The entity that produced the covered telecommunications equipment(include entity name, unique
entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known;
(ii) A description of all covered telecommunications equipment offered(include brand; model
number, such as original equipment manufacturer (OEM)number, manufacturer part number, or
wholesaler number; and item description, as applicable); and
(iii) Explanation of the proposed use of covered telecommunications equipment and services and any
factors relevant to determining if such use would be permissible under the prohibition in paragraph
(b) (2) of this provision.
(4) For covered services-
(i) If the service is related to item maintenance, a description of all covered telecommunications
services offered(include on the item being maintained: brand, model number, such as OEM number,
manufacturer part number, or wholesaler number; and item description, as applicable); or
(ii) If not associated with maintenance, the Product Service Code (PSC) of the service being
provided; and explanation of the proposed uses of covered telecommunications services and any
factors relevant to determining if such use would be permissible under the prohibition in paragraph
(b)(2) of this provision.
34. Cooperation with Defensive Counterintelligence Program Requirements (DCIP) (09/2021)
6.9.6
a. The FAA's Defensive Counterintelligence Program (DCIP) (AXI-310) detects, deters, and denies
illicit human and technical intelligence collection activities as well as addressing other national
security concerns. Such activities and concerns include, but are not limited to, activities conducted
by, on behalf of, or otherwise supporting, foreign governments or elements thereof, entities or
individuals that meet the definition of"foreign power" or"agent of a foreign power" in 50 U.S.C. §
1801; foreign organizations; foreign persons; international terrorist organizations or activities; or
agents of any of the foregoing; or any other individuals or entities acting on behalf of, or otherwise
in support of, any of the foregoing, against the FAA, its employees, facilities, equipment, systems,
networks, operations, and information.
b. Consistent with FAA Order 1600.84 FAA Defensive Counterintelligence Program, the contractor
is required to cooperate to the fullest extent possible in the following requirements:
1) Any authorized DCIP inquiry or Counterintelligence (CI) investigation connected with this
contract requested by the FAA Office of Security and Hazardous Materials Safety (ASH) to include
granting authorized ASH or outside investigative department or agency personnel access to contract
information, records or contractor personnel;
2) All applicable FAA security requirements as required under the contract consistent with FAA
policy and applicable Federal law;
3) When requested by the DCIP, and necessary to protect Controlled National Security Information
(CNSI), Sensitive Unclassified Information (SUI), or otherwise protected information, contractor
employees must sign a Defensive Counterintelligence Program Non-Disclosure Agreement(NDA)
prior to being briefed on any information pertaining to a DCIP inquiry, CI investigation by another
Department or Agency, or any other matter related to the DCIP. The NDA is located in Appendix C
of the Order and in AMS Procurement Forms. Contractor employees are exempt from
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acknowledging any language in the NDA associated with unauthorized disclosure of received
information that subjects FAA employees to personnel actions specified in the Human Resources
Policy Manual (HRPM) Volume 4: Employee Relations ER-4.1 (4) and applicable collective
bargaining agreements.
4) Contractors must first coordinate with the DCIP at ASH-CI-Notify@faa.gov before contacting
any law enforcement or investigative agencies on any known or suspected counterintelligence or
other national security concern described in Paragraph 1 of FAA Order 1600.84.
5) Contractors must notify the DCIP as soon as possible if any law enforcement or investigative
agency contacts them directly on any matter covered by FAA Order 1600.84. If an employee
receives a direct request from an outside law enforcement or investigative agency for evidence
related to a counterintelligence or other national security concern as described in Paragraph 1 of
FAA Order 1600.84, the employee will refer the law enforcement or investigative agency to AXI-
310.
6) Contractors must immediately notify the DCIP at ASH-CI-Notify@faa.gov, and the CO or their
designee if their employees observe any of the following-
a) Suspected or known acts of foreign intelligence collection activity against the FAA or its
employees, systems, networks, operations, facilities, equipment, or information;
b) Suspected or known espionage (See Appendix A of FAA Order 1600.84 for definition);
c) Suspected or known unauthorized disclosure of CNSI, SUI, or otherwise protected information in
the possession of the FAA by a FAA employee to a foreign government or element thereof, a foreign
organization, an entity or individual that meets the definition of"foreign power" or "agent of a
foreign power" in 50 U.S.C. § 1801, a foreign person, an international terrorist organization or
activity, an agent of any of the foregoing, or any other individual or entity acting on behalf of or
otherwise supporting any of the foregoing; or
d) Suspected or known theft, unauthorized disclosure, or unauthorized amassing of CNSI, SUI, or
otherwise protected information in the possession of the FAA known or suspected to be for the
purpose of conveying it to a foreign government or element thereof, an entity or individual that
meets the definition of"foreign power" or"agent of a foreign power" in 50 U.S.C. § 1801, a foreign
organization, a foreign person, an international terrorist organization or activity, an agent of any of
the foregoing, any other individual or entity acting on behalf of or otherwise supporting any of the
foregoing, or an unknown recipient, or statements of intent by an FAA employee to engage in any
such actions. SUI or otherwise protected unclassified information whose theft, unauthorized
disclosure, or unauthorized amassing, for the purposes described in the preceding sentence, is of
concern includes, but is not limited to:
i. Non-public information from an official FAA data network or information;
ii. Imagery;
iii. Technical specifications;
iv. Trade secrets;
v. Proprietary information;
vi. Sensitive Security Information (SSI); and
vii. Any other SUI
e) Activities similar to those described in paragraphs b(6)(a)-(d) by, on behalf of, or otherwise
supporting,potential lone wolf actors, malicious insiders, or transnational organizations of a national
security concern.
If notification of the CO or their designee is not feasible owing to the CO and/or their designee being
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one of the suspicious actor(s), the contractor must notify the DCIP directly at the above email
address if they observe any of the above activities.
7) Elicitation attempts. Elicitation is the strategic use of conversation to extract information from
people without giving them the feeling they are being interrogated. It is a technique used to
discreetly gather information. It is a conversation with a specific purpose: collect information that is
not readily available and do so without raising suspicion that specific facts are being sought. The
conversation can be in person, over the phone, or in writing.
Contractors must immediately notify the DCIP at ASH-CI-Notify@faa.gov, and the CO and/or their
designee if their employees experience any known or suspected direct(e.g.,personal encounter or
telephone) or indirect(e.g., electronic or written communication) elicitation or attempted elicitation
of CNSI, SUI, or otherwise protected information in the possession of the FAA by any suspicious
entity or person, regardless of ethnicity, nationality, or FAA employment status, as soon as possible,
but no later than 12 hours after the time of the incident, initial detection, or receipt of report, as
applicable, or the next business day if the incident, initial detection, or receipt of report, as
applicable, occurs on a weekend or holiday. Contractors must report these incidents regardless of
where, when, or how the contact took place, or whether the employee was on or off duty. Suspicious
activities include, but are not limited to:
a) Direct or indirect contact or communication with a known or suspected foreign or foreign-
affiliated person, or an unknown or unfamiliar person, seeking access to or disclosure of any CNSI,
SUI, or otherwise protected information in the possession of the FAA for which such person does
not meet the applicable access requirements, or that is outside the scope of their official duties;
b) Direct or indirect contact or communication with a known or suspected foreign or foreign-
affiliated person, or an unknown or unfamiliar person, seeking specific information about an FAA
employee's official duty responsibilities, work projects, access to information, security clearance,
travel plans, coworkers' identities, or Information Technology (IT) system credentials for which
such person does not meet the applicable access requirements, or that is outside the scope of their
official duties;
c) Direct or indirect contact, communication, or observance of a known or suspected foreign or
foreign-affiliated person, or an unknown or unfamiliar person, seeking unauthorized access to FAA
employees, equipment, operations, systems, information, facilities, or networks, including through a
Personal Electronic Device (PED);
d) Direct or indirect contact, communication, or observance of a known or suspected foreign or
foreign-affiliated person, or an unknown or unfamiliar person, introducing, or seeking to introduce,
unauthorized digital media or software into any FAA equipment, facilities, systems, or networks,
including through a PED;
e) Offers of compensation, gifts, or favors in exchange for FAA information or access to such
information, regardless of medium; or access to FAA employees, equipment, operations, facilities,
systems, or networks;
f) Threats, attempts to coerce, or attempts to exploit any FAA employee by a known or suspected
foreign or foreign-affiliated person, or by an unknown or unfamiliar person, in order to illicitly
acquire FAA information or access to FAA employees, equipment, operations, facilities, systems,
information, or networks;
g) Solicitation by any person of FAA information for which they do not meet the applicable access
requirements or that is outside the scope of their official duties;
h) A request by any person for access to FAA employees, facilities, equipment, operations, systems,
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WAYNE Digitally signed by WAYNE
DARRINGTON
By: DARRINGTON Date:2024.01.10 09-54-06-08'00'
Print Name: Wayne Darrington
Title: Real Estate Contracting Officer
Date:
ATTACHMENTS/EXHIBITS:
Number Title Date Number
of Pages
1 Survey 02/14/2023 1
Public Access.
The LESSOR and FAA shall allow and permit reasonable access to, and inspection of, all
documents,papers, letters or other materials in its possession or under its control subject to the provisions
of Chapter 119, Florida Statutes, and made or received by the LESSOR and FAA in conjunction with this
Agreement; and the LESSOR shall have the right to unilaterally cancel this Agreement upon violation of
this provision by LESSEE.
Ethics Clause.
FAA warrants that it has not employed, retained or otherwise had act on its behalf any former
County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation
of this provision the County may, in its discretion, terminate this contract without liability and may also,
in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any
fee, commission,percentage, gift, or consideration paid to the former County officer or employee.
Nondiscrimination.
The parties agree that there will be no discrimination against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination has occurred,
this Agreement automatically terminates without any further action on the part of any party, effective the
date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable,relating to nondiscrimination. These include but are not limited to: 1) Title VII
of the Civil Rights Act of 1964 (PL 88-352),which prohibit discrimination in employment on the basis of
race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended(20 USC §794),which prohibits discrimination
on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107),
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972
(PL 92-255), as amended,relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as
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amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42
USC §§ 3601 et seq.),as amended,relating to nondiscrimination in the sale,rental or financing of housing;
9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time,
relating to nondiscrimination in employment on the basis of disability; 10)Monroe County Code Chapter
14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other
nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the
subject matter of, this Agreement.
Non-Reliance by Non-Parties.
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program
contemplated hereunder, and the County and the Contractor agree that neither the County nor the
Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or
otherwise indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community
in general or for the purposes contemplated in this Agreement.
No Personal Liability.
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent or employee of Monroe County in his or her individual capacity, and no member,
officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject
to any personal liability or accountability by reason of the execution of this Agreement.
Insurance.
By signing this agreement, FAA stipulates that as an agency of the federal government it is self-
insured in amounts adequate to respond to any and all claims arising out of the activities governed by this
agreement.
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EXHIBIT 1
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PUBLIC AUTHORIZATION CERTIFICATE
On this- 13th day of_ December 20 23 , 1 Jjoll Merrill ltaschein
I insert name I
certify that I ani the ofthe
I insert title I
Monrqe ( csunt State ctf l lt�rida named in the attached agreement; that
I insert narne of Stale,County,Municipality,or other Public Authority I
who signed said agreement oil behalf ofthe
(insert name of person Nvho signed the agreement I
Monroe County, State of Plorida is
[insert name ot'State, ounty,Municipality,or other Public A uthority I
Mawr of`said
[insert title of person who signed the agreement I
and that said agreement was duly signed
(insert name ofstaie,County,Municipality,or other Public Authority]
for and on behalf of Monroe Count
State of I-Iorida by authority of'
(insert name ofSlale,County,Municipality,orothei-Pubfic Authority)
its governing body, and is within the scope of its powers.
Signed
"INROE couNTY ArronNEY
A )IOVE//4A, 1 FORM "04 FQ E
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A S is 'A T r' AI-MRN% r NIWY TORN
11/29/23
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Federal Aviation Administration
Real Estate & Utilities Group
Public Authorization Certificate- 09/2020 P& I