BID DOCUMENTS

AND

SPECIFICATIONS

FOR

WICHITA DWIGHT D. EISENHOWER NATIONAL AIRPORT

Vehicle Movement Area Transmitters (VMAT)

WICHITA AIRPORT AUTHORITY

JULY 2026

WARNING: This document is FOR OFFICIAL USE ONLY (FOUO). It contains information that may be exempt from public release under the Freedom of Information Act (5 U.S. C. 522). It is to be controlled, stored, handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information and is not to be released to the public or other personnel who do not have a valid “need-to-know” without prior approval of an authorized DHS official.

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TABLE OF CONTENTS

(July 2026)

PART 1 – BIDDING DOCUMENTS

Schedule Summary Notice to Bidders Instructions to Bidders Federal Solicitation Clauses Solicitation Form Bidders Data Sheet DBE Utilization Form DBE Regular Dealer/Distributor Affirmation Form Buy American Form

PART 2 – CONTRACT DOCUMENTS

Contract Federal Contract Clauses Exhibit A – City of Wichita Mandatory Contractual Provisions Attachment Exhibit B – City of Wichita Mandatory Independent Contractor Addendum Statutory Bond Performance and Maintenance Bond

PART 3 - TECHNICAL SPECIFICATIONS

Vehicle Movement Area Transmitters Advisory Circular 150/5220-26

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PART I: BIDDING/CONTRACTING INFORMATION & DOCUMENTS

SEVENTY-ONE (71) VEHICLE MOVEMENT AREA

TRANSMITTERS

DWIGHT D. EISENHOWER NATIONAL AIRPORT

PRELIMINARY SCHEDULE SUMMARY

Bid documents available (tentative) Week of July 27, 2026

Pre-bid Conference/Virtual at 1:30 p.m. CT August 5, 2026 https://teams.microsoft.com/meet/254291004253571?p=iMqaiuTKZb4Y9BxHGx

Meeting ID: 254 291 004 253 571

Passcode: ey3Ne7XY

Dial in by phone +1 316-462-9137,,608648390# United States, All locations Find a local number Phone conference ID: 608 648 390#

Last Day For Questions for Addendum August 12, 2026

Addendum issued deadline August 14, 2026

Receive bids until 10:00 a.m. CT August 21, 2026

The information provided for is the expected schedule developed during the project’s design phase. The dates may change due to a variety of circumstances and do not represent contractual dates. Interested parties should monitor the project activities as the schedule becomes final.

https://teams.microsoft.com/meet/254291004253571?p=iMqaiuTKZb4Y9BxHGx tel:+13164629137,,608648390 https://dialin.teams.cloud.microsoft/fb3ca873-3fb9-40cb-a8ad-c0038d61ca3a?id=608648390

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NOTICE TO BIDDERS

General: Sealed Bids, subject to the conditions and provisions presented herein, will be received electronically in the office of the City Purchasing Manager, 12th Floor, City Hall, 455 North Main, Wichita, KS prior to 10:00 a.m., Friday, August 21, 2026. Bids are to be submitted through the City’s Procurement Portal (Wichita.gov/procurementportal) using a secure login/password.

If a Bonfire registration for system access has not been completed, please visit wichita.gov/purchasing for assistance. On the Purchasing website page, a video tutorial (Bonfire Registration Video) walkthrough and registration resources are available to help in the completion of the registration process. If further assistance is needed, please contact the Purchasing Office directly at purchasing@wichita.gov or by phone at 316- 268-4636.

Bids will be opened after ten o’clock a.m. on August 21, 2026, in the Board Room, 1st Floor, City Hall, 455 N. Main, Wichita, Kansas.

Bid Documents: Specifications and bid forms are on file in the office of the City Purchasing Manager, 12th Floor, City Hall, 455 N. Main, Wichita, Kansas 67202, 316-268-4636. This information may also be obtained on the Procurement Portal link above.

Questions: Any questions or requests regarding the bid package must be submitted via the procurement portal’s “Ask a Question” functionality or by email to Jason Brogden (jbrogden@wichita.gov) no later than 5:00 p.m.

August 12, 2026. Questions will be answered through an addendum made available to all interested parties.

Pre-Bid: A virtual pre-bid meeting will be held on August 5, 2026, at 1:30 p.m. Central Time. Attendance is not required but is strongly encouraged.

Microsoft Teams meeting Join:

https://teams.microsoft.com/meet/254291004253571?p=iMqaiuTKZb4Y9 BxHGx Meeting ID: 254 291 004 253 571 Passcode: ey3Ne7XY

Dial in by phone +1 316-462-9137,,608648390# United States, All locations Find a local number Phone conference ID: 608 648 390#

Contract Work Items: This project will involve the following work items and estimated quantities. Prospective bidders are hereby advised that the quantities indicated herein are approximate and are subject to change.

https://wichita.bonfirehub.com/portal/?tab=openOpportunities https://www.wichita.gov/429/Purchasing mailto:purchasing@wichita.gov mailto:jbrogden@wichita.gov https://teams.microsoft.com/meet/254291004253571?p=iMqaiuTKZb4Y9BxHGx https://teams.microsoft.com/meet/254291004253571?p=iMqaiuTKZb4Y9BxHGx tel:+13164629137,,608648390 https://dialin.teams.cloud.microsoft/fb3ca873-3fb9-40cb-a8ad-c0038d61ca3a?id=608648390

ITEM BASE BID ESTIMATED

NO. DESCRIPTION UNIT QUANTITY

1 Movement Area Vehicle Transmitters

LS 71

ITEM OPTIONS ESTIMATED

NO. DESCRIPTION UNIT QUANTITY

2 Post Deployment VMAT Operations and Support (O&S) services – Year 1

LS 1

3 Post Deployment VMAT Operations and Support (O&S) services – Year 2

LS 1

4 Post Deployment VMAT Operations and Support (O&S) services – Year 3

LS 1

5 Post Deployment VMAT Operations and Support (O&S) services – Year 4

LS 1

6 Post Deployment VMAT Operations and Support (O&S) services – Year 5

LS 1

Contract Time: The Owner has established Contract time(s) as described herein. The Owner will issue two Notices to Proceed, the first for administrative purposes, and the second for the Contractor to access the site. The Contract times are:

Final Acceptance 90 Calendar Days

Contract time will not change regardless of what bid options, if any, the Owner elects to include in the Contract.

Bid Security: Each proposal must be accompanied by a bid guaranty in the amount of five (5) percent of the total amount of the bid. The bid guaranty must be by bid bond made payable to the City of Wichita, Kansas.

Bonding Requirements: The successful bidder will be required to furnish separate performance and payment bonds each in the amount equal to 100% of the contract price at the time of contract execution.

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Award of Contract: All proposals submitted in accordance with the instructions presented herein will be subject to evaluation. Bids may be held by the City of Wichita for a period not to exceed 90 days from the date of the bid for the purpose of conducting the bid evaluation.

The Owner will base the award of contract upon the lowest and best total net base bid. Options may be accepted as determined by the Owner after the bids are opened, as available funding may allow. The right is reserved, as the City of Wichita may require, to reject any and all bids, to waive any informality in the bids received, and to accept or reject alternate bid items.

Award of contract is contingent upon the owner receiving Federal funding assistance under the Airport Improvement Program.

Federal Provisions: This project is subject to the attached Federal Contract Provisions for Construction and Equipment Contracts

Additional Provisions: The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. In accordance with 49 CFR Part 26.45, the sponsor has established a contract goal of 0% percent participation for small business concerns owned and controlled by certified socially and economically disadvantaged enterprise (DBE). The bidder shall make and document good faith efforts, as defined in Appendix A of 49 CFR Part 26, to meet this established goal.

Modification to the project documents may only be made by written addendum as issued by the Owner.

The bidder’s proposal must be made on the forms provided within the bound project manual. Bidders must supply all required information prior to the opening time of bid.

This Section and all subsequent sections are complementary to each other, and all together constitute the full obligations of all parties.

Civil Rights – Title VI: The Wichita Airport Authority, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4),28 CFR § 50.3, and 49CFR Part 21, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, all contractors will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of the owner’s race, color, national origin, sex, creed, age, or disability in consideration for an award.

Submittal of Proposals: Bids will be submitted electronically. No proposal will be considered unless received at the place specified in the advertisement or as modified by Addendum before the time specified for opening all bids. Proposals received after the bid opening time shall be returned to the bidder unopened.

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INSTRUCTIONS TO BIDDERS

(July 2026)

Owner The Owner as stated herein refers to the following agency, the Wichita Airport Authority.

Bidder Representations By submittal of a proposal (bid), the BIDDER represents the following:

• The Bidder has read and thoroughly examined the project documents

• The Bidder has a complete understanding of the terms and conditions required for the satisfactory performance of project work.

• The Bidder has fully informed themselves of the project site, the project site conditions and the surrounding area.

• The Bidder has familiarized themselves of the requirements of working on an operating airport and understands the site conditions that may in any manner affect cost, progress, or performance of the work

• The Bidder has correlated their observations with that of the project documents.

• The Bidder has found no errors, conflicts, ambiguities, or omissions in the project documents, except as previously submitted in writing to the owner that would affect cost, progress or performance of the work.

• The Bidder is familiar with all applicable Federal, State, and local laws, rules and regulations pertaining to execution of the contract and the project work.

• The Bidder has complied with all requirements of these instructions and the associated bid documents.

Bid Documents/Project Manual The bid documents are comprised of the following: Notice-to-Bidders, Instructions-to-Bidders, Federal Provisions, Supplementary Provisions, Technical Specifications, Proposal Form with attachments, Form of Contract Agreement, any authorized addenda issued by the Owner and any document incorporated in whole or in part by reference therein.

All documents comprising the Bid Documents are complementary to one another and together establish the complete terms, conditions, and obligations of the successful bidder.

Those individual elements of the Contract Documents that are bound together shall also be referred to as the Project Manual. No part of the project manual that is bound may be removed or detached.

Prospective bidders may obtain a copy of the project manual and project drawings from the designated office identified within the Notice-to-Bidders.

Modifications to Project Documents Modifications to the project documents may only be made by written addendum issued by the Owner. Verbal explanations, interpretations or comments made by the Owner or Owner’s representative shall not be binding. Addenda will be transmitted to all known official plan holders.

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Each bidder shall certify at the time of bid submittal that they acknowledge receipt of all issued addenda.

Errors and Discrepancies in Project Documents Should Bidder find an error, discrepancy, ambiguity or omission in the project documents prior to submittal of a proposal, the Bidder is obligated to contact the Owner with written notice of the error, discrepancy, ambiguity or omission. The written notice shall identify the nature and location of the error, discrepancy, ambiguity or omission. Corrections or modifications to the project documents will only be made by written addendum as prescribed herein. By submittal of a Bid Proposal, Bidder represents that they have thoroughly reviewed the project documents and that they have not identified any error, discrepancy, ambiguity or omission that would affect cost, progress or performance of the project work.

Clarifications and Interpretations A bidder requiring a clarification or interpretation of the project documents shall make a written request to the Owner. The Owner must receive the written request a minimum of seven (7) calendar days prior to the date of the bid opening.

Issuance of Proposal Forms The Owner reserves the right to refuse to issue a proposal form to a prospective bidder should the bidder be in default for any of the following reasons:

a. Failure to comply with any pre-qualification regulations of the owner, if such regulations are cited or otherwise included in the proposal as a requirement for bidding.

b. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the owner) at the time the owner issues the proposal to a prospective bidder.

c. Contractor default under previous contracts with the owner

d. Unsatisfactory work on previous contracts with the owner

Form of Proposal Bid proposals may be submitted in the bound document or electronically.

All bid proposals shall be made on the forms provided by the Owner within the bound Project Manual. No bidder may submit more than one proposal.

All proposals are to be written in ink and shall be clearly legible. All blank spaces in the proposal forms shall be legibly completed for each and every bid item. The Bidder shall not qualify any bid item. The Bidder shall initial any erasures and alterations made on the proposal form by the bidder.

The Bidder shall state the price of their bid in U.S. dollars and cents in both written and numeral format. In the event of discrepancy, the written value will take precedence.

Signature of Proposal An authorized representative of the Bidder must sign and date the proposal. The Bidder’s authorized representative shall use an ink pen

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when applying their signature to the proposal. The Bidder’s representative shall have the legal authority to obligate and bind the Bidder to the terms and conditions of the contract. The Bidder shall legibly state the name of the Bidder’s representative, the legal name of the Bidder, the address of the Bidder including City, State and Zip Code, and the telephone number of the Bidder.

• For bids by corporations, an officer of the corporation shall sign the bid; Bidder shall identify the State of incorporation and affix their corporate seal.

• For bids submitted by an agent, Bidder shall attach to the proposal evidence of the power of attorney.

• For bids submitted by a partnership or joint venture, the proposal shall identify the name of all firms and the authorized parties of all firms. The bidder shall attach a copy of the partnership/joint-venture agreement to the proposal.

Modification or Withdrawal of Bid Proposal Bidder may modify or withdraw their proposal at any point up to the specified time and date identified for receipt of proposals. Any request for bid withdrawal or modification by the Bidder that is received after the specified time and date for receipt of proposals will be returned unopened to the sender.

Bid Guaranty Each bid proposal must include a bid guaranty in the amount of five percent (5%) of the total amount of the bid. The bid guaranty must be by bid bond made payable to the Owner. The bid bond shall be from a responsible surety qualified to conduct business within the State of Kansas.

Disadvantage Business Enterprise (DBE) The requirements of 49 CFR Part 26, Regulations of the U.S.

Department of Transportation, including any amendments thereto apply to this contact. It is the policy of the Wichita Airport Authority to practice nondiscrimination based on race, color, sex or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership.

The Owner has established a DBE contract goal of 0% percent for this contract. The Bidder/Offeror shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26, to subcontract 0% of the dollar value of the prime contract to certified DBE firms as defined in 49 CFR Part 26.

All bidders shall submit the following information with their proposal on the forms provided:

(1) The names and addresses of DBE firms that will participate in the contract;

(2) A description of the work that each DBE firm will perform;

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(3) The dollar amount of the participation of each DBE firm participating;

(4) Written documentation of the Bidder/Offeror’s commitment to use a DBE subcontractor whose participation it submits to meet the contract goal;

(5) Evidence of good faith efforts undertaken by the bidder, as described in appendix A to 49 CFR Part 26.

The successful Bidder will be required to provide written confirmation from the participating DBE firms verifying their intent to participate as in the project. This written confirmation shall be submitted prior to execution of the contract.

Good Faith Efforts (DBE) Bidder must demonstrate that they made good faith efforts to achieve participation with DBE firms. This requires that the bidder show that it took all necessary and reasonable steps to secure participation by certified DBE firms. The owner will not consider mere pro forma efforts as a good faith effort.

Actions constituting evidence of good faith efforts are described in appendix A to 49 CFR Part 26. Such actions include but are not limited to:

• Soliciting DBE participation through all reasonable and available means. This may include public advertisements and phone calls/faxes to known certified DBE firms.

• Consult State Department of Transportation office to obtain a list of certified DBE firms.

• Selecting portions of work that increases the likelihood that DBE firms will be available to participate

• Providing DBE firms with sufficient information and time to review the project plans and specifications.

• Documenting all contacts with DBE firms. This includes name, address, phone number, date of contact and record of conversation/negotiation.

Bidder Qualifications Each Bidder shall furnish the owner satisfactory evidence of their competency and financial capability to perform the proposed work. The Bidder shall demonstrate that they are a responsible firm that possesses the skills, abilities, and integrity to faithfully perform the project work. To be determined responsible, a prospective contractor must:

• Have adequate resources (financial, technical, etc.) to perform the contract, or the ability to obtain them;

• Be able to comply with the required or proposed delivery or performance schedule, considering all existing business commitments;

• Have a satisfactory performance record;

• Have a satisfactory record of integrity and business ethics; and

• Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

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Evidence of competency shall consist of statements covering the Bidder’s past experience on similar work, a listing of plant and equipment immediately available for use on the project, and a listing of key personnel that are available for the project. The listing for plant and equipment shall identify the type, the capacity and the present condition of the item.

Evidence of financial responsibility shall consist of a confidential statement or report of the Bidder’s financial resources and liabilities as of the last calendar year. A public accountant must certify such statements and reports. If the Bidder is presently pre-qualified with the State Highway agency, evidence of this pre-qualification may serve as evidence of financial responsibility in lieu of the certified financial statements and reports.

Submission of Bid Proposal Prospective bidders must submit their electronic proposal through the City’s Procurement Portal (Wichita.gov/procurementportal) using a secure login/password to arrive by the specified time and date for receipt of bids. The owner will not give consideration to any electronic proposal received after the specified time.

Bid Opening The Owner or the Owner’s representative will publicly open and read aloud all proposals submitted prior to the stated time and date for receipt of bids. Bidders, their authorized agents, and other interested parties may attend the bid opening. Owner will automatically reject any proposal without consideration that arrives after the stated time and date for receipt of bids. Owner will return late proposals in an unopened manner to the return address indicated on the envelope.

Evaluation of Proposals The Owner reserves the rights to hold all proposals for purpose of review and evaluation by the Owner for a period not to exceed 90 calendar days from the stated date for receipt of bids. The Owner will tabulate all bids and verify proper extension of unit costs. The Bidder shall honor their proposal for the duration of this period of review and evaluation. The bid guaranty will be held by the Owner until this period of review has expired or a contract has been formally executed or a purchase order has been issued.

Challenges and Protests A challenge is defined as a written objection by any party interested in responding to either a bid or proposal (collectively referred to as solicitations), when that party wishes to have the City consider an addition, substitution or modification to the specifications stated in the outstanding solicitation.

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The written challenge of the solicitation specifications must be filed with the Purchasing Manager located on the 12th Floor, Finance Department at City Hall, 455 N Main, Wichita, KS 67202, telephone number (316) 268- 4636, at least five (5) business days before the solicitation opening due date and time as listed on the solicitation documents. Any challenge to solicitation specifications received after the five (5) business days deadline will not be considered by the City. The Purchasing Manager will acknowledge receipt of the challenge. The written challenge is to include the name, address, email address and telephone number of the interested party, identification of the solicitation number and project title, a detailed statement of the reasons for the challenge, supporting evidence or documentation to substantiate any arguments, and the form of relief requested, e.g. the proposed addition, substitution or modification to the specifications. The Purchasing Manager will investigate the written challenge and any evidence or documentation submitted with the challenge.

In the event of a timely challenge of the solicitation specifications to the Purchasing Manager, the affected pending solicitation shall not proceed further until the challenge is resolved by Purchasing Manager decision.

The Purchasing Manager will issue a written decision, which will be posted on the City’s Procurement Portal, wichita.gov/procurementportal, for viewing by all interested parties. The decision rendered by the Purchasing Manager will be final.

Protests A protest is defined as a written objection to a proposed award, or the award of a contract, with the intention of receiving a remedial result. In order to be considered valid, a protest must 1) come from an actual bidder or proposer for the contract, 2) who claims to be the rightful award recipient, 3) whose economic interest may be affected substantially and directly by the award of a contract or by the failure to award a contract.

Suppliers or subcontractors to a bidder or proposer cannot file a valid protest. A valid protest can only be filed by a bidder or proposer which can show that it would be awarded the contract if the protest were successful. Therefore, all conditions numbered 1 through 3 listed above in this paragraph must be met.

The written protest for bids must be filed with the Contract Compliance Officer located on the 12th Floor, Finance Department, City Hall, 455 N Main, Wichita, KS prior to 9:00 a.m. of the Tuesday immediately following the posting of the notice of intent to award on the City’s Purchasing Bid Results site wichita.gov/purchasing. Failure of a protestor to file a written protest related to the award of a contract prior to the 9:00 a.m., Tuesday deadline will invalidate that protest and cause it not to be considered.

The written protest for proposals must be filed with the Contract Compliance Officer located on the 12th Floor, Finance Department, City Hall, 455 N Main, Wichita, KS prior to 5:00 p.m. on the third business day following the day of issuing an email or written notification of award.

Failure of a protestor to file a written protest related to the award of a https://wichita.gov/procurementportal https://www.wichita.gov/purchasing

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contract prior to 5:00 p.m. on the third business day deadline will invalidate that protest and cause it not to be considered.

The Contract Compliance Officer will acknowledge receipt of the written protest. The written protest is to include the name, address, email address and telephone number of the protestor, identification of the solicitation number or contract number and project title, a detailed statement of the reasons for the protest which justify the relief sought, supporting evidence or documentation to substantiate any arguments, and a concise statement of the form of relief requested (e.g. reconsideration of the offer).

All the above required information must be included in the protest at its submission. Untimely protests will be returned unopened. Incomplete protests will be rejected without consideration.

In the event of a valid, timely protest, the City shall not proceed with the execution of the contract until all City administrative remedies have been exhausted or waived, or until a determination is made that a contract award is required to protect the interests of the City.

The decision of the Contract Compliance Officer, based on review of the written protest and information available from City sources, will be rendered within ten (10) business days after receipt of protest, will recite the reasons for the decision, and be provided to the protestor by email or written notification.

The protestor may seek reconsideration of the decision of the Contract Compliance Officer’s decision in writing to the Internal Auditor on the 13th Floor, City Manager Office, City Hall, 455 N Main, Wichita, KS prior to 5:00 p.m. on the third business day following the day of issuing an email or written notification of decision. Failure of a protestor to file a written reconsideration request related to the Contract Compliance decision prior to 5:00 p.m. on the third business day deadline will invalidate that protest and cause it not to be considered. The Internal Auditor decision will be issued by email or written notification, within ten (10) business days after receiving the written reconsideration, unless this time for a response is extended in writing and agreeable by both parties.

The Internal Auditor’s decision will be final, unless the protestor seeks a hearing before the City Council, by written request filed with the City Clerk, located on the 13th Floor, City Hall, 455 N Main, Wichita, KS, prior to 5:00 p.m. on the third business days after issuance of the Internal Auditor written decision. Failure of a protestor to file a written reconsideration request related to the internal Auditor’s decision prior to 5:00 p.m. on the third business day deadline will invalidate that protest and cause it not to be considered.

If there is a timely written reconsideration request, the protestor may seek reconsideration of the decision of the Internal Auditor by means of a hearing before the City Council. This hearing must be in aid of the City Council’s legislative authority to approve contracts for goods, services, and public improvements on behalf of the City, and does not imply any due process right of the protestor in an unawarded, unexecuted contract.

The hearing must be scheduled as soon as practicable according to the City Council’s calendar. The hearing must be granted only upon such

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facts and issues as presented in writing to the City Clerk for submission to City Council at or before noon on Thursday preceding the scheduled hearing. No documents or other evidence must be accepted at the hearing. The protesting party must have available no more than 20 minutes for presentation of argument, followed by no more than 20 minutes of argument presented by City staff. The City Council may deliberate in executive session to seek the assistance of the City Attorney but must deliver its decision from the bench during the City Council meeting.

If a written protest is made against any proposed award or the award of a contract that relies in part on federal funding, then the Contract Compliance Officer must notify the Granting Authority in writing with all information regarding the protest. A protestor must exhaust all administrative remedies with the City of Wichita before pursuing a protest with the Granting Authority. Protestors are put on notice that according to federal regulations, certain determinations made at the local level are not subject to appeal to the Granting Authority. If a review is granted by the Granting Authority, it will be limited to:

1. the City of Wichita’s failure to have or follow its protest procedures, or its failure to review a complaint or protest; or

2. violations of Federal law or regulations.

The Contract Compliance Officer will provide notice to the Granting Authority Regional Office or Headquarters Office of any request for reconsideration before the City Council and also provide notice of the decision rendered by the City Council, or any alternative resolution reached.

Bid Informalities and Irregularities The Owner reserves the right to waive any informality or irregularity discovered in any proposal, which in the owner’s judgment best serves the Owner’s interest. In the situation where an extension of a unit price is found to be incorrect, the stated unit price and correct extension will govern. In the event of a discrepancy between the written and numeral values, the written value shall take precedence.

Irregular Proposals Proposals meeting the following criteria are subject to consideration as being irregular:

1. If the proposal is on a form other than that furnished by the Owner, or if the Owner’s form is altered, or if any part of the proposal form is detached.

2. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind that make the proposal incomplete, indefinite, or otherwise ambiguous.

3. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized

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alternate pay items, for which the bidder is not required to furnish a unit price.

4. If the proposal contains unit prices that are obviously unbalanced.

5. If the proposal is not accompanied by the proposal guaranty specified by the Owner.

6. If the applicable Disadvantaged Business Enterprise information is incomplete.

Disqualification of Bid Proposals The Owner reserves the right to reject any or all bids, as determined to be in the best interest of the Owner. Causes for rejection of proposals include but are not limited to:

• Submittal of an irregular proposal;

• Submittal of more than one proposal from the same partnership, firm or corporation;

• Failure by Bidder to submit the bid prior to the stated time and date for receipt of bids;

• Failure by Bidder to furnish satisfactory bid guarantee;

• Failure by Bidder to provide all information required of the bid forms;

• Failure by Bidder to comply with the requirements of bid instructions;

• Failure by the Bidder to demonstrate good faith efforts in obtaining participation by certified DBE firms;

• Failure by the Bidder to certify how it intends to meet Buy

America requirements (Buy America Certification);

• Determination by the Owner that Bidder is not qualified to accomplish the project work;

• Determination by the Owner that the Bidder has placed conditions on or qualified their proposal;

• Discovery of any alteration, interlineations or erasure of any project requirement by the Bidder;

• Inclusion of the Bidder on the “Excluded Parties Listing

System” as maintained and published by the General Services Administration;

• Evidence of collusion among bidders.

Cancellation of Award At any time prior to execution of a contract agreement, the Owner reserves the right to cancel the award for any reason without liability to the Bidder, with the exception of the return of the bid guaranty, at any time prior to execution of the contract.

Notice of Award of Contract It is the intent of the Owner, after a period of review and evaluation, to award a contract to the responsible bidder that submits the lowest responsive proposal. The owner will notify the successful bidder their bid

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is acceptable through the Owner’s issuance of a Notice-of-Award. The successful Bidder shall not construe issuance of the Notice-of-Award as a binding agreement. The proper execution of a contract agreement shall serve as the binding agreement.

Federal Funding Assistance It is the intent of the Owner to seek Federal participation assistance for this project under the Airport Improvement Program (AIP). The Owner’s Award of Contract is contingent upon the FAA concurrence with the award and the formal establishment of Federal assistance. The issuance of the Notice-of-award will not be made until the FAA has concurred in award and Federal funding is confirmed.

Return of Bid Guaranty The Owner will return the bid guaranty of the successful Bidder upon successful execution of the contract agreement or issuance of a purchase order. Failure by the successful Bidder to execute the contract documents or commence with the purchase order within the specified time shall result in forfeiture of the bid guaranty.

The Owner will retain the bid guaranty of the second and third lowest responsible bidders for a period of 120 days after bid opening pending the execution of the contract documents by the successful bidder or the acceptance of the purchase order. Except as noted above, the bid guaranty of unsuccessful bidders will be returned at the point the Owner rejects their proposal.

Contract Agreement The successful Bidder shall execute the contract agreement in accordance with the accepted bid proposal within ten (10) days of the date of the Notice-of-Award. Failure to execute the contract agreement within the specified time frame may result in the bid being awarded to the next low bidder and shall result in the forfeiture of the Bidder’s bid guarantee as a liquidated damage.

Performance and Payment Bonds The successful Bidder shall furnish separate performance and payment bonds each in the amount of 100% of the contract price. The bonds shall be made payable to the Owner as security for faithful performance of the contract and for the payment of all persons, firms or corporations to whom the Bidder may become legally indebted for labor, materials, tools, equipment or services in the performance of the project work. The form of the bond shall be that provided within the project manual. The current power of attorney for the person signing the bond as a representative of the surety shall be attached to the bonds.

ITB-11

The successful bidding must deliver the executed bonds to the Owner within ten (10) calendar days from the date of contract execution. Bonds should not be executed prior to execution of the contract agreement.

Owner will only accept bonds issued by a solvent Surety, which is certified to operate within the State the project work is located, and which is listed in the current issue of the U.S. Treasury Circular 570. If specifically requested by the Owner, the successful Bidder shall obtain and submit information on the surety’s financial strength rating.

Certificates of Insurance The successful Bidder shall furnish to the Owner all required certificates of insurance as specified with the project manual.

Approval of the Contract Upon receipt of the Contract Agreement, Contract Bonds and Certificate of Insurance as executed by the successful Bidder, the Owner will complete execution of the contract conditioned upon the Owner’s judgment that it remains in their best interest to enter into the Agreement.

Delivery of the fully executed Contract Agreement to the successful Bidder shall constitute the Owner’s approval to be bound by the successful Bidder’s proposal and all terms and conditions of the Contract Agreement.

Upon satisfactory execution of the contract by the successful Bidder and the Owner, all references to “Bidder” in the bid documents become equivalent to the term “Contractor”.

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S U P P L E M E N TA R Y P R O V I S I O N S

P A R T A - F E D E R A L C O N T R A C T P R O V I S I O N S F O R C O N S T R U C T I O N

A N D E Q U I P M E N T C O N T R A C T S

APPLICATION OF REFERENCES

A L L R E F E R E N C E S M A D E H E R E I N T O “ C O N T R A C T O R ” , “ B I D D E R ” , A N D “ O F F E R O R ”

S H A L L P E R T A I N T O T H E P R I M E C O N T R A C T O R . A L L R E F E R E N C E S M A D E H E R E I N T O

“ S U B C O N T R A C T O R ” S H A L L P E R T A I N T O A N Y A N D A L L S U B C O N T R A C T O R S U N D E R

C O N T R A C T W I T H T H E P R I M E C O N T R A C T O R O R A S U B C O N T R A C T O R .

A L L R E F E R E N C E S M A D E H E R E I N T O “ C O N S U L T A N T ” S H A L L P E R T A I N T O

A R C H I T E C T / E N G I N E E R ( A / E ) U N D E R C O N T R A C T W I T H T H E S P O N S O R . A L L

R E F E R E N C E S M A D E H E R E I N T O “ S U B C O N S U L T A N T ” S H A L L P E R T A I N T O A N Y A N D A L L

S U B C O N S U L T A N T S U N D E R C O N T R A C T W I T H T H E A / E .

A L L R E F E R E N C E S M A D E H E R E I N T O “ S P O N S O R ” A N D “ O W N E R ” S H A L L P E R T A I N T O

T H E S T A T E , C I T Y , A I R P O R T A U T H O R I T Y O R O T H E R P U B L I C E N T I T Y E X E C U T I N G

C O N T R A C T S W I T H T H E P R I M E C O N T R A C T O R A N D / O R T H E A / E .

PROVISIONS APPLICABLE TO ALL CONTRACTS

ACCESS TO RECORDS AND REPORTS

BUY AMERICAN PREFERENCE

CIVIL RIGHTS – GENERAL

CIVIL RIGHTS – TITLE VI ASSURANCE

PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT

FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)

OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

RIGHT TO INVENTIONS

SEISMIC SAFETY

TAX DELINQUENCY AND FELONY CONVICTIONS

TRADE RESTRICTION CERTIFICATION

VETERAN’S PREFERENCE

DOMESTIC PREFERENCES FOR PROCUREMENTS

PROHIBITION OF COVERED UNMANNED AIRCRAFT SYSTEMS (UAS)

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PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $2,000

COPELAND “ANTI-KICKBACK’ ACT

DAVIS-BACON REQUIREMENTS

PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $10,000

PROCUREMENT OF RECOVERED MATERIALS

TERMINATION OF CONTRACT

PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $15,000

DISTRACTED DRIVING

PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $25,000

DEBARMENT AND SUSPENSION

PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $100,000

CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS

LOBBYING AND INFLUENCING FEDERAL EMPLOYEES

PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $150,000

CLEAN AIR AND WATER POLLUTION CONTROL

PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $350,000

BREACH OF CONTRACT TERMS

PROVISIONS APPLICABLE TO CONTRACTS CUMULATIVELY EXCEEDING $250,000 IN ONE YEAR

DISADVANTAGED BUSINESS ENTERPRISE

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PROVISIONS APPLICABLE TO ALL CONTRACTS

ACCESS TO RECORDS AND REPORTS

Reference: 2 CFR § 200.334

2 CFR § 200.337

FAA Order 5100.38

The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.

BUY AMERICAN PREFERENCE

Reference: 49 U.S.C. § 50101 Executive Order 14005, Ensuring the Future is Made in All of America by All of

America’s Workers Infrastructure Investment and Jobs Act (IIJA) (P.L. No. 117-58), Build America, Buy

America (BABA)

The Contractor certifies that its bid/offer is in compliance with 49 U.S.C. § 50101, BABA and other related Made in America Laws,1 U.S. statutes, guidance, and FAA policies, which provide that Federal funds may not be obligated unless all iron, steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list.

The bidder or offeror must complete and submit the certification of compliance with FAA’s Buy American Preference, BABA and Made in America laws included herein with their bid or offer. The Airport Sponsor/Owner will reject as nonresponsive any bid or offer that does not include a completed certification of compliance with FAA’s Buy American Preference and BABA.

The bidder or offeror certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables);

glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.

1 Per Executive Order 14005 “Made in America Laws” means all statutes, regulations, rules, and Executive Orders relating to federal financial assistance awards or federal procurement, including those that refer to “Buy America” or “Buy American,” that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, and manufactured products offered in the United States.

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The bidder or offeror certifies procurement of certain rolling stock using FAA grant funds will prohibit airports from using Federal financial assistance to procure buses or rail car vehicle rolling stock from covered entities.

CIVIL RIGHTS – GENERAL

Reference: 49 U.S.C. § 47123

In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin, creed, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.

This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.

CIVIL RIGHTS – TITLE VI ASSURANCES

Reference: 49 U.S.C. § 47123 FAA Order 1400.11

Title VI Solicitation Notice

The Sponsor, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.

252, 42 U.S.C. §§ 2000d to 2000d-4), 28 CFR § 50.3, and 49 CFR Part 21, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, all contractors will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of the owner’s race, color, national origin, sex, creed, age, or disability in consideration for an award.

Title VI List of Pertinent Nondiscrimination Acts and Authorities

During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin);

49 CFR Part 21 (Non-discrimination in Federally-Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964) including amendments thereto;

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance);

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The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.) (prohibits discrimination on the basis of age);

Airport and Airway Improvement Act of 1982 (49 U.S.C. § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex);

The Civil Rights Restoration Act of 1987 (P.L. 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

Titles II and III of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR Parts 37 and 38;

Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681, et seq).

Nondiscrimination Requirements / Title VI Clauses for Compliance

Compliance with Nondiscrimination Requirements:

During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees as follows:

1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin, creed, sex, age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21 including amendments thereto.

3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration to be pertinent to

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Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non-discrimination provisions of this contract, the Sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:

a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or

b. Cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one…