INVITATION TO BID (ITB)

BID CLOSING DATE 2:00 PM, NOVEMBER 13, 2026

Vehicle Movement Area Transponders (VMATs)

Solicitation Number 2026-14823

October 23, 2027

Single Point of Contact: Tricia Beehler (See Section 2.1) Phone: 503-415-6338

E-mail: tricia.beehler@portofportland.com Pre-Bid Meeting:

A Pre-Bid Meeting will not be held for this solicitation.

Solicitation Number 2026-14823 Page 1 of 5

1 OVERVIEW

1.1 Introduction

Sealed bids for Vehicle Movement Area Transponders (VMATs) (the “Goods]”) will be received electronically through the Port’s online bidding system until, but not after the date shown on the face of this ITB.

1.2 Description of Goods

Refer to the included Schedule 1.2.1, Specifications, for minimum requirements.

The Specifications are based on market research and are meant to demonstrate the minimum amount of functionality, quality, operation, and dimensions required, They are not meant to be construed to be restrictive to any single brand or model. The Port will review pre-bid substitution requests submitted in accordance with Section 2.5 of this ITB.

All bids must include delivery FOB Destination to 7111 NE Alderwood Rd, Portland Oregon 97218.

Unless otherwise specified all goods shall be on newly manufacture and delivered to the location shown above, protected from the elements.

Warranty By submitting a bid, the Provider warrants that the Goods will be newly-manufactured, free from defects in design or manufacture. Further, the provider must assign or otherwise pass through to the Port all warranties on the equipment, including manufacturers' or otherwise, and ensure that all warranty, maintenance, and support obligations offered under Provider’s bid, including without limitation supplier and subcontractor warranties and system service level agreements, run in favor of or pass through to the Port of Portland. .

The provider may not disclaim any implied warranty, including but not limited to the implied warranties of merchantability and of fitness for a particular purpose. Any language to the contrary in any document incorporated into this ITB or otherwise provided by the contractor shall be void.

Bids must be submitted on the Bid Schedule provided as Schedule 1.2.5. Such Bid Schedule may be completed only as intended, and may not be altered to contain erasures, modifications to terms, or content, strikeouts or be conditioned in any way. No other form of bid document or quotation document, whether authored by the provider or others, will be accepted.

2 INSTRUCTIONS TO PROVIDERS

2.1 Single Point of Contact

Tricia Beehler, is the solicitation manager for this ITB and is the Single Point of Contact (SPC) for providers during the ITB process (refer to Section 2.3 for information on questions). Contact with other Port employees, officials, or representatives regarding this ITB is not authorized. Such unauthorized conduct by a provider will be grounds for

Solicitation Number 2026-14823 Page 2 of 5 immediate rejection of its bid.

2.2 Form of Contract

The form of contract for the Port’s purchase of the Equipment will be the Port’s standard Purchase Order, which will be made subject to the General Conditions attached as Schedule 2.2.1. No provider-submitted terms of sale will apply (see Section 1.2.3).

2.3 Grant Conditions

The Port intends to fund some or all of this purchase with the proceeds of a grant from the U.S Department of Transportation Federal Aviation Administration (FAA) As a result, the Purchase Order issued will also be subject to the additional contract provisions set forth in Schedule 2.3 attached hereto.

2.4 Interpretation of Contract Documents

If the provider finds discrepancies, omissions, has questions, or is in doubt as to the true meaning of any part of the ITB and contract documents, provider must submit questions through the Port’s online bidding system, located at www.portofportland.com, no later than 5 business days prior to the bid closing date.

Minor clarification or interpretation of the contract documents will be issued to all providers through the Port’s online bidding system. Significant or substantive changes will be made through addenda issued to all providers on the plan-holders list through the Port’s online bidding system. Providers must consider all clarifications and addenda in their bid. The Port is not responsible for explanation, clarification, or interpretation made or given except for those issued through the Port’s online bidding system.

2.5 Substitution Requests Permitted

If any specific manufacturers or brands names are specified herein, it is for the purpose of establishing a standard of quality and characteristics desired.

Items which the provider proposes to substitute, and which they consider equal to that specified, must be submitted by attaching the completed Substitution Request Form, Schedule 2.5.2, through the Q&A submission feature in the Port’s online bidding system no less than seven (7) business days prior to the bid closing date.

Requests must be accompanied by complete technical data and such pertinent information as is necessary to fully identify and appraise the requested substitute.

Substitution requests shall specifically identify, by item number or section reference, any and all variances to the specifications of this ITB. Approval of materials, products, or services deemed equivalent will be issued by addendum prior to the bid closing date. The Port will be the judge of the equality and suitability of the proposed substitution. The Port may decline to review any submittal that is not accompanied with the required technical data. Directing the Port to online websites or marketing material may not be considered sufficient technical data.

2.6 Resident Bidder Preference

Solicitation Number 2026-14823 Page 3 of 5

Statement Each bid shall contain a statement as to whether the bidder is a resident provider, as defined in ORS 279A.120.

Resident Bidder Under ORS 279A.120(1)(b), a “resident bidder” is a provider that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in Oregon, and has stated in the bid whether the provider is a “resident bidder” pursuant to ORS 279A.120(1)(b).

Non-Resident Bidders Under ORS 279A.120(1)(a), a “non-resident bidder” is a provider who is not a “resident bidder” as defined above. In determining the lowest responsive provider(s), the Port will, for the purpose of awarding the contract, add a percentage increase to the bid of a nonresident provider equal to the percentage, if any, of the preference given to that provider in the state in which the provider resides.

2.7 Submission of Bids

Provider’s submission in response to this ITB must:

be submitted on the schedules provided in this ITB, and be received electronically through the Port’s online bidding system, by the closing date provided on the cover of this Bid.

2.8 Period of Irrevocability

Bids are to be irrevocable for a period of sixty (60) days after the closing date of the Bid.

Bids must contain the name, address, and telephone number of an individual or individuals with authority to bind the provider during the period in which the ITB will be evaluated.

2.9 Withdrawal of Bid

Prior to Bid Closing date, a provider may withdraw their bid. This will not preclude submission of another bid by such provider prior to the time set for Bid Closing.

2.10 Bid Schedules

Provider must complete and include with the bid all schedules as required by this ITB. If the provider chooses not to bid a specific schedule item/s, provider must indicate “no bid” on the schedule and the Bid Form. Failure to supply the bid schedules as required may subject the provider to bid rejection.

2.11 Opening of Bids

The Port reserves the right to postpone a bid opening. Bids received electronically will be opened and made public by the Port’s online bidding system unless withdrawn by the provider prior to the close of the bid through that system.

Solicitation Number 2026-14823 Page 4 of 5

2.12 Bid Cancellation

The Port may cancel this ITB or reject any and all bids in accordance with ORS 279B.100.

2.13 Bid Rejection

Bids may be rejected if not in compliance with bidding procedures and requirements. All bids may be rejected for good cause in the public interest. The Port may disqualify a provider if, at any time, it finds the provider has repeatedly breached contractual obligations to public and private contracting agencies.

2.14 Determination of Low Responsive Bid

In determining the low responsive bid, the Port will not consider alternates called for in the bid form. Bids that are incomplete or conditioned in any way, or that contain erasures or alterations, may be rejected. Failure to acknowledge receipt of an addendum may result in rejection of a bid. The Port may waive minor informalities in a submitted bid.

2.15 Title VI Non-Discrimination Assurance

The Port of Portland, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 ( 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex , age, or disability in consideration for an award.

2.16 Protests

Protest Submission

A provider or prospective provider who wishes to object to or protest any aspect of this procurement as provided under ORS Chapter 279B, including but not limited to, matters that are apparent on the face of the ITB (such as the Scope of Services, Specifications, General Conditions, and the award of the contract must deliver a written protest to the Manager of Contracts and Procurement via email to:

popcontracting@portofportland.com. A protest is delivered for the purposes of this paragraph when it is received by the Port’s Contracts and Procurement Department Staff.

Protest Content; Incomplete Protests; Port Investigation and Response A protest will be deemed to include only the documents timely delivered pursuant to this paragraph. It must identify the prospective Provider’s name and contact information and be sent by an authorized representative of the Provider. It must contain all information required for protests under ORS Chapter 279B, clearly state all grounds for the protest and the relief sought, and include all supporting evidence, in the form of physical evidence, documents, or affidavits. The Port reserves the right to decline to consider protests that do not include the required information. The Port may investigate as it deems appropriate in reviewing the protest and will issue a written decision in response to the

Solicitation Number 2026-14823 Page 5 of 5 protest.

Timeliness Matters that are Apparent on the Face of the ITB

If the protest relates to matters that are apparent on the face of the solicitation documents or that are otherwise known or should have been known to the protester, the protest must be delivered no fewer than five (5) business days prior to the deadline for the Port’s receipt of bids.

Other Matters (including Contract Award) If the protest relates to other matters, including but not limited to the award of the contract, it must be delivered as soon as possible, and in no event more than five (5) business days after the protester knows or reasonably should have known of the award of the contract, the Port’s intent to award the contract, or other matters to which the protest is addressed.

Untimely Protests The Port reserves the right to decline to review untimely protests.

Right to Protest Contract Award (Specifically) In addition to meeting the other protest requirements set forth in this ITB, a provider may only protest the award of the contract (or notice of intent to award the contract, whichever occurs first), if the provider is adversely affected because the provider would be eligible to be awarded the contract in the event the protest was successful and the reason for the protest is one of the reasons specified in ORS 279B.410(1)(b).

2.17 Appeal Rights

If a protester disagrees with the written decision issued by Port’s Manager of Contracts and Procurement, the protester may appeal in writing to the Port’s Executive Director.

The written appeal must clearly state the grounds on which the provider believes the Port’s protest decision should be overturned and must include all legal arguments and all evidence in support of the appeal, in the form of physical evidence, documents, or affidavits. The written appeal must be received by the Executive Director, Port of Portland, 7200 N.E. Airport Way, Portland, OR 97218 (mailing address P.O. Box 3529, Portland, OR 97208), within five (5) business days after the protester’s receipt of the written decision issued by Port’s Manager of Contracts and Procurement. The Executive Director will issue a written decision to the protest. The Executive Director may decline to consider a late appeal.

2.18 Action after Denial of Protest and Appeal

The Port may proceed with the procurement after denial of the protest or denial of the appeal, including but not limited to contract award, execution, and performance.

1 -- SCHEDULE 1.2.1 - SPECIFICATIONS

SCHEDULE 1.2.1

SPECIFICATIONS

Vehicle Movement Area Transponder (VMAT) System The Goods must meet the following requirements, at minimum:

ADS-B Performance and Compliance

• Compliant with FAA Advisory Circular 150/5220-26, Change 3, Airport Ground Vehicle ADS-B Out Squitter Equipment requirements.

• Designed for use on airport ground vehicles operating within movement areas and the Air Operations Area (AOA).

• Provides ADS-B Out transmissions for airport surface surveillance applications.

• Supports enhanced airfield situational awareness and vehicle visibility.

• Meets applicable FAA requirements for vehicle-based ADS-B Out equipment.

Vehicle Identification and Programming

• Suitable for permanent installation on airport vehicles.

• Compatible with mounting hardware necessary for vehicle deployment.

• Optional magnetic mounting capability available.

• Designed to withstand normal airport operational environments.

Software and Configuration Tools

• Installation instructions included.

• Programming and user documentation included.

• Configuration guidance included.

• Manufacturer technical specifications included.

Operational Requirements

• Ready for use with FAA-coordinated ICAO address assignments.

• Capable of operating as part of an airport vehicle surveillance program.

• Supports airport movement area operational requirements and procedures.

• Suitable for deployment on maintenance, operations, safety, and other authorized airport vehicles.

Bid Form Instructions

Unit Pricing Basis: Bidders shall provide unit pricing based on an estimated quantity of 120 units for purposes of completing Schedule 1.2.5 Bid Form. The estimated quantity is provided solely for evaluation purposes and does not represent a commitment to purchase. Actual quantities purchased may be greater or less than the estimated quantity, depending on the Port's operational needs and available funding. The Contractor shall honor the awarded unit pricing for all quantities ordered during the contract term.

Pricing should include:

2 -- SCHEDULE 1.2.1 - SPECIFICATIONS

1. Unit price for each VMAT- Item Number VTU-20

2. Magnetic Mounting Kit

3. 5m Extension Cable

4. FAA Setup/ICAO address Coordination fee

5. Shipping cost, if applicable

6. Warranty information

7. Any addition fees

GENERAL PROVISIONS

1. The Port of Portland’s standard terms and conditions shall apply to any purchase and are attached Schedule 2.2.1.

2. Vendors shall include all freight and delivery charges in quoted prices. The Port will pay no freight or ancillary costs not reflected in quoted prices.

3. Award will be made to the vendor with the best value price who is determined to be responsive and responsible. The award will be made on an all-or-none basis or by individual item as in the best interest of the Port. The delivery or furnishing of any of the items quoted cannot commence until a contract is issued.

4. The Port reserves the right to waive discrepancies or minor irregularities in quotes submitted, or not to issue a purchase order when it finds such action to be in the public interest.

5. Any references made to brand name(s) are for the purpose of establishing minimum acceptable quality standards, and configurations, and are not intended to be restrictive.

6. Quoted prices must be held firm for the number of days indicated.

7. If the quote is accepted, the supplier agrees to furnish any and all items upon which prices are offered, at the price(s) and terms specified herein.

Solicitation Number 2026-14823 – Schedule 1.2.5 Bid Form Page 1 of 1

SCHEDULE 1.2.5

Bid Form

Vehicle Movement Area Transponders (VMATs)

Solicitation Number 2026-14823

The provider warrants that it has carefully examined the ITB documents for the contract described above.

The provider acknowledges receipt of the following addenda: 0 through ____

The provider certifies that under ORS 279A.120, it is a: (check one):

Resident Bidder ☐ Nonresident Bidder ☐

If a nonresident bidder, the provider certifies residency in the State of ___________________________ (insert name of state where the Provider is resident)

The provider submits and proposes the unit bid prices detailed on the attached schedules and as summarized in total below, which include delivery as required in the ITB, to wit:

Total Amount (Basis of Award) Written in Words Numerals

Bids must be submitted in US Dollars (any other currency may subject the bid to rejections.

The contract will be awarded to the responsible bidder submitting the lowest responsive bid. The Port reserves the right to award to one or more providers as may be in the best interest of the Port.

Legal Company Name:

Address:

State, Zip:

Primary Contact: Name

Phone

Email

Signature:

Name and Title:

(P014 PO Terms and Conditions Goods & Services vs1.3 1/26) Page 1 of 4

SCHEDULE 2.2.1 SAMPLE CONTRACT

GENERAL CONDITIONS

Goods & Services

(Other than Personal, Construction, or Temporary Personnel Services)

Unless expressly provided on the face of this purchase order, the following general conditions apply:

1 The Port shall pay the contractor in a single lump sum upon final completion of all services and delivery to and acceptance by the Port of all goods required under the contract. Payment shall be due within 30 days after the Port receives the contractor’s invoice.

2 The contractor is an independent contractor for all purposes and is entitled only to the compensation expressly provided by this contract.

3 The contractor shall indemnify, defend, reimburse, and hold harmless the Port and the Port’s commissioners, officers, employees, and agents from and against all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature whatsoever, including without limitation reasonable attorney fees, accountant fees, paralegal fees, expert witness fees, escrow fees, fines, environmental costs, and penalties resulting from, arising out of, or in any way connected with the acts or omissions of Contractor or Contractor’s partners, directors, officers, employees, subcontractors, invitees, or agents under this Contract. Contractor shall fully compensate the Port for harm to the Port’s real or personal property caused by the acts or omissions, negligent or not, of Contractor or Contractor’s partners, directors, officers, employees, subcontractors, invitees, or agents under this Contract.

4 Except as provided below, contractor shall: (1) maintain in force, at all times during the performance of any contract work on Port premises by contractor or contractor's subcontractors or agents, occurrence form commercial general liability and automobile liability insurance coverage in amounts not less than the Port's maximum liability under ORS 30.260 to 30.300; (2) maintain workers' compensation coverage for all subject workers, and (3) upon request, provide evidence of those coverages. FOR SERVICES: the contractor shall maintain commercial general liability and automobile liability insurance protection against any and all claims for damages to persons or property which may arise out of operations under this purchase order, whether such operations be by himself or a subcontractor or by anyone directly or indirectly employed by either of them. Such insurance shall be in an amount of not less than $1,000,000 combined single limit for property damage and bodily injury. Such insurance shall name the Port as additional insured with respect to work performed under this contract. The contractor shall also maintain workers’ compensation coverage for all subject workers, if any, as required by law. A certificate of insurance evidencing coverages, issued by an insurance company licensed to do business in the State of Oregon, shall be filed with the Port within 48 hours of quote acceptance and shall be subject to review and approval of the Port.

5 The contractor warrants that all goods provided under the contract and manufactured by the contractor are free from defects in design or manufacture. The contractor shall assign or otherwise pass through to the Port all manufacturers' warranties on goods provided under this contract but not manufactured by the contractor. The contractor may not disclaim any implied warranty, including but not limited to the implied warranties of merchantability and of fitness for a particular purpose, and any language to the contrary in any document incorporated into this contract by reference or otherwise provided by the contractor shall be void. Unless this contract expressly allows provision of used goods, the contractor warrants that all goods provided under the contract are new.

6 Delivery shall be F.O.B. at the Port of Portland in Portland, Oregon. The cost of freight shall be included in the contract price. The risk of loss shall remain with the contractor until the goods have been

(P014 PO Terms and Conditions Goods & Services vs1.3 1/26) Page 2 of 4 placed in the custody of an authorized Port representative.

7 The Port may terminate this contract in the public interest upon delivery of a written notice of termination to the contractor. Upon termination under this paragraph, the contractor is entitled to payment for all completed services, for all goods delivered to and accepted by the Port, and for the reasonable cost of closing out the contract. The Port's rights under this paragraph are in addition to any right it may have to terminate the contract for default.

8 The contractor may not subcontract any part of the work required under this contract without the Port's prior written consent. Neither party may assign its interest in this contract without the prior written consent of the other; any attempted assignment without that consent shall be void.

9 Upon the Port's request, the contractor and any subcontractor shall assign to the Port any interest the contractor or subcontractor may have in a patent, copyright or other intellectual property created by the contractor or any subcontractor as part of the performance of this contract. All tangible property produced in the performance of this contract shall accrue to the Port. The Port shall have a nonexclusive license to use any copyrighted, patented, or otherwise protected intellectual property provided to the Port under this contract, but not created as part of the performance of this contract.

10 The parties shall share all information related to the work required under the contract and shall cooperate with each other and with any other parties involved in or associated with the work. The contractor shall not communicate in any manner with any representative of any news medium regarding the work or the results of the work required under this contract without first informing the Port’s Corporate Media Manager.

11 At any time during or after contract performance, the contractor shall notify the Port in writing promptly upon discovering any evidence of: a defect in the services performed or the goods delivered under this contract; a material breach of this contract by either party; or a material deviation by either party from any local, state, or federal statute or regulation.

12 The Port may inspect, copy, and audit any of the contractor's books or other documents or records that are directly relevant to this contract. The Port may exercise its right under this paragraph only after advance notice to the contractor and only during normal business hours or other mutually agreed upon times.

13 A waiver by either party of a breach of this contract by the other party shall not be deemed a waiver of any subsequent breach.

14 The contractor shall provide two copies of all Material Safety Data Sheets (MSDSs) for each product provided under this contract for which an MSDS is required by law. The MSDSs required by this paragraph shall be delivered to the Port prior to or at the time the products are delivered.

15 Contractors performing “Destructive Work” at Port of Portland facilities need to be aware that there is a potential to encounter hazardous building materials, including but not limited to asbestos and surface coatings containing lead or other heavy metals, during the course of their work and are directly responsible for preventing worker exposure to hazardous building materials. Destructive Work includes, but is not limited to: demolition, cutting, sanding, grinding, and abrading, as well as other activities that may generate dust or otherwise disturb hazardous building materials. Contractors are not allowed to perform any Destructive Work that impacts hazardous building materials unless their workers are appropriately trained and maintain current licenses and certifications for such work. In addition, any Contractor performing any Destructive Work on hazardous building materials must receive prior written authorization from the Port before beginning such work.

16 Facility asbestos surveys have been conducted by the Port. These identify visible or apparent asbestos containing materials (ACM) or presumed asbestos containing material (PACM). They are not demolition surveys. These surveys do not identify asbestos or other hazardous building materials that may be present in the course of Destructive Work undertaken by a contractor. The Port will conduct a job or

(P014 PO Terms and Conditions Goods & Services vs1.3 1/26) Page 3 of 4 site-specific survey to determine the presence of ACM or other hazardous building materials prior to approving any Destructive Work and inform the contractor of the results. The contractor is responsible for compliance with all applicable laws or regulations regarding working on or around any hazardous building materials and must individually verify if any ACM or other hazardous building materials are present at the work site. The websites identified below provide assistance from the DEQ, EPA and OSHA on compliance with applicable asbestos laws and regulations.

17 If the contractor encounters any actual or suspect ACM or other hazardous building materials, the contractor shall immediately stop all work in the area of the known or suspected hazardous materials and immediately notify the Port Project Manager. The Port will make arrangements for appropriate testing and abatement, if required. The contractor shall provide any of its employees performing or responsible for any Destructive Work a written copy of this Notification and shall ensure that no work occurs that disturbs any actual or suspected hazardous building materials in violation of any of the foregoing terms or without advance written approval of the Port. Contractors shall maintain records evidencing such notification for such period as required by applicable federal, state and local regulations. The contractor shall provide copies of such records to the Port upon request.

18 The following DEQ, OSHA and EPA websites provide detailed information regarding work site management of asbestos and the duties of contractors. This listing is only intended to be representative of available information. Contractors are encouraged to access these sites for additional information:

http://www.deq.state.or.us/aq/asbestos/business.htm https://www.osha.gov/Publications/OSHA3507.pdf http://www.epa.gov/asbestos

19 ORS 15.320 provides that Oregon law applies to this contract. The parties also agree that Oregon law applies to this contract, even if ORS 15.320 is determined to be inapplicable or invalid. Contract provisions required in public contracts under ORS Chapter 279A, and 279B, are incorporated by this reference. Venue shall be in Multnomah County, Oregon.

20 PUBLIC CONTRACTING CODE

To the extent applicable under this Contract, the following provisions required in public contracts under the Oregon Public Contracting Code are part of this Contract: ORS 279B.045 (compliance with tax laws); ORS 279B.220(1) (payment for labor or material); ORS 279B.220(2) (contributions to the industrial accident fund); ORS 279B.220(3) (liens and claims prohibited); ORS 279B.220(4) (income tax withholding); ORS 279B.230(1) (medical care for employees); ORS 279B.230(2) (worker’s compensation); ORS 279B.235(1)(b) (pay equity); ORS 279B.235(1)(c) (employee discussions of rate of pay or benefits); ORS 279B.235(3) (hours of labor for personal services contracts); and ORS 279B.235(5)(a) (hours of labor for services contracts).

21 CIVIL RIGHTS

21.1 General Civil Rights Provisions

Contractor will comply with pertinent statutes, Executive Orders, and such rules as identified in the Title VI List of Pertinent Nondiscrimination Acts and Authorities (see FAA Order 1400.11A; the “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 binds Contractor and its subcontractors from the solicitation period through the completion of the Contract.

21.2 Compliance with Title VI Nondiscrimination Requirements

During the performance of this Contract, Contractor agrees as follows: (a) Contractor will comply with the Nondiscrimination Acts and Authorities, which are incorporated into this Contract; (b) Contractor, with regard to the work it performs during the Contract, will not discriminate on the grounds of race, color, (P014 PO Terms and Conditions Goods & Services vs1.3 1/26) Page 4 of 4 national origin, creed, sex, age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment; (c) 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; (d) in all solicitations, either by competitive bidding or negotiation made by 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 Contractor of Contractor’s obligations under this Contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin; and (e) Contractor will include the provisions of this subsection in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Nondiscrimination Acts and Authorities or directives issued pursuant thereto.

22 This contract may be modified only by a writing signed by authorized representatives of each party.

This purchase order, and any other documents expressly incorporated by reference, constitute the entire agreement between the parties and supersede all prior oral or written discussions or agreements regarding the same subject. The provisions of this purchase order shall take precedence over any conflicting provisions in any document incorporated by reference.

Contract Number Sample-Schedule 2.3 Page 1 of 13

SCHEDULE 2.3

Supplementary Conditions for Federally Assisted Contracts Under the Federal Aviation Administration (FAA)

Airport Improvement Program (AIP)

Personal Services Contracts and Equipment Contracts

In this Schedule, the terms “Contractor” and “Consultant” both refer to the provider providing equipment or performing professional services to the Port under this Contract, whether termed “Provider” or otherwise in the Contract.

The following provisions apply to all contracts:

1 ACCESS TO RECORDS AND REPORTS

[2 CFR 200.334; 2 CFR 200.337; FAA ORDER 5100.38]

The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Port, the FAA, 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.

2 GENERAL CIVIL RIGHTS PROVISIONS

[49 U.S.C. 47123; FAA ORDER 1400.11]

2.1 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 (including limited English proficiency), 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.

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

3 CIVIL RIGHTS – TITLE VI ASSURANCE

[49 U.S.C. 47123; FAA ORDER 1400.11]

3.1 Title VI Solicitation Notice

The Port, 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

Contract Number Sample-Schedule 2.3 Page 2 of 13 owner’s race, color, national origin, sex, creed, age, or disability in consideration for an award.

3.2 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);

• 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 (PL 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).

3.3 Compliance with Nondiscrimination Requirements

3.4 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:

Compliance with Regulations

Contract Number Sample-Schedule 2.3 Page 3 of 13

The Contractor (hereinafter includes consultants) shall 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.

Nondiscrimination The Contractor, with regard to the work performed by it during the contract, shall 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 shall 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.

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 shall be notified by the Contractor of the Contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities relative to nondiscrimination on the grounds of race, color, or national origin.

Information and Reports The Contractor shall provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Port or the FAA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor shall so certify to the Port or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information.

Sanctions for Noncompliance In the event of a Contractor’s noncompliance with the nondiscrimination provisions of this contract, the Port will impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to:

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

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

Incorporation of Provisions

The Contractor shall include the provisions of paragraphs 4.4.1 through 4.4.6 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor shall act with respect to any subcontract or procurement as the Port or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, Contract Number Sample-Schedule 2.3 Page 4 of 13 that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Port to enter into any litigation to protect the interests of the Port. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

4 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT

[2 CFR § 200, APPENDIX II(K); 2 CFR § 200.216]

The Contractor and subcontractors agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act P.L. 115-232 § 889(f)(1).

5 FEDERAL FAIR LABOR STANDARDS ACT

[29 U.S.C. § 201, ET SEQ.; 2 CFR § 200.430]

5.1 All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR Part 201, et seq, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers.

5.2 The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor shall address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.

6 FEDERAL OCCUPATIONAL SAFETY AND HEALTH ACT

[20 CFR PART 1910]

All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer shall address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.

7 TRADE RESTRICTION CERTIFICATION

[49 U.S.C. § 50104; 49 CFR PART 30]

7.1 By submission of a bid, the bidder certifies that with respect to this solicitation and any resultant contract, the bidder:

Is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);

Has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries

Contract Number Sample-Schedule 2.3 Page 5 of 13 that discriminate against U.S. firms as published by the USTR; and Has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.

7.2 This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. §1001.

7.3 The Contractor shall provide immediate written notice to the Port if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor shall require subcontractors to provide written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.

7.4 Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR § 30.17, no contract shall be awarded to a contractor or subcontractor:

Who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR;

Whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list; or

Who incorporates in the public works project any product of a foreign country on such USTR list.

7.5 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

7.6 The bidder agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower-tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.

7.7 This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the FAA may direct, through the Port, cancellation of the contract or subcontract for default at no cost to the Port or the FAA.

8 VETERAN’S PREFERENCE

[49 U.S.C. 47112(C)] In the employment of labor (excluding executive, administrative, and supervisory

Contract Number Sample-Schedule 2.3 Page 6 of 13 positions), the Contractor and all sub-tier contractors shall give preference to covered veterans as defined within 49 U.S.C. § 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. § 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.

9 CERTIFICATION OF OFFEROR/BIDDER REGARDING TAX DELINQUENCY

AND FELONY CONVICTIONS

[SECTION 8113 OF THE CONSOLIDATED APPROPRIATIONS ACT, 2022

(PUBLIC LAW 117-103) AND SIMILAR PROVISIONS IN SUBSEQUENT

APPROPRIATIONS ACTS; DOT ORDER 4200.6 ]

9.1 The bidder must complete the two certification statements regarding tax delinquency and felony convictions set forth on the proposal/bid form. The bidder agrees that, if awarded a contract resulting from this solicitation, the bidder will incorporate this provision for certification in all lower-tier subcontracts.

9.2 If a bidder responds in the affirmative to either of the two certification statements, the bidder is ineligible to receive an award unless the Port has received notification from the FAA suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the FAA’s interests. The bidder therefore must provide information to the Port about its tax liability or conviction, and the Port will then notify the FAA Airports District Office, which will then notify the FAA’s SDO to facilitate completion of the required considerations before award decisions are made.

9.3 Term Definitions

Felony conviction: Felony conviction means a conviction within the preceding twenty-four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. Code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559.

Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

10 PROHIBITION OF COVERED UNMANNED AIRCRAFT SYSTEMS (UAS)

[FAA Reauthorization Act of 2024 (P.L. 118-63), § 936; 49 U.S.C. § 44801 note]

10.1 The Contractor certifies that they are aware of and comply with relevant Federal statutes and regulations, including those from the FAA, for operating unmanned aircraft systems (UAS) in accordance, and in compliance with all related requirements in the FAA Reauthorization Act of 2024 (P.L. 118-63), § 936 (49 U.S.C. § 44801 note).

10.2 Contractor warrants that all UAS operations will be conducted in full compliance with all applicable FAA regulations, including but not limited to 14 CFR Part 107, and any other applicable local, state, or Federal laws and regulations.

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10.3 The Port and subgrant recipients cannot use AIP grant funds to enter into, extend, or renew a contract related to covered UAS. This includes both procurement and operational contracts, as well as contracts with entities that operate such systems.

11 CERTIFICATION REGARDING DOMESTIC PREFERENCES FOR

PROCUREME…