5-26-292 SGU ATCT MINIMUM EQUIPMENT LIST PROJECT MANUAL.pdf

PROJECT MANUAL

Air Traffic Control Tower Minimum Equipment List (MEL)

Package

Schedule I - Air Traffic Control Tower MEL Packager

St. George Regional Airport

Reference #26-292

City of St. George

Issued for Bid

June 23, 2026

Prepared by:

35 South 400 West, Suite 200 St. George, Utah 84770

Woolpert.com https://woolpert.com/

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QUALITY

At Woolpert, quality is the cornerstone of our business. We invite your comments and suggestions for improving this document.

TRADEMARKS

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NOTICE OF PROPRIETARY INFORMATION

All rights reserved to Woolpert. This document was designed, prepared, and submitted by Woolpert to be used only by the recipient.

None of this material is permitted to be reproduced in any way or distributed to anyone other than the authorized representatives of the recipient.

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Table of Contents

PART 1: GENERAL

Engineer’s Certifications

Information for bidders

Bid Terms

PART 2: BIDDING DOCUMENTS

Bid Proposal Summary

Bid Bond

Subcontractor/Material Supplier List

Qualifications/Prequalification Statement

Disadvantaged Business Utilization Commitment

DBE Participation Form

Equal Employment Opportunity Report Statement

Build America, Buy America (BABA) Act

Certification Of Compliance With FAA Buy American Preference – Construction Projects

Buy American Waiver Request forms

Buy American Project/Product Content Percentage Calculation – Worksheet

Project Material Structure Worksheet

FAA Form 5100-137, Buy American Preferences – Final Assembly Questionnaire

Buy America Conformance Listing

Certification Regarding Domestic Preferences For Procurements

Certification Of Offeror/Bidder Regarding Debarment

Certification Of Lower Tier Contractors Regarding Debarment

Certification Regarding Lobbying

Certification Of Offeror/Bidder Regarding Tax Delinquency And Felony Convictions

Trade Restriction Certification

Non-Collusion Affidavit

Subcontractor/Material Supplier List

PART 3: FAA AC 150/5370-10H: GENERAL PROVISIONS

Section 10 – Definition of Terms

Section 20 – Proposal Requirements and Conditions

Section 30 – Award and Execution of Contract

Section 40 – Scope of Work

Section 50 – Control of Work

Section 60 – Control of Materials

Section 70 – Legal Regulations and Responsibility to Public

Section 80 – Execution and Progress

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Section 90 – Measurement and Payment

PART 4: SPECIAL PROVISIONS

Federal Provisions

General Civil Rights Provisions

Civil Rights – Title VI Assurances

State Provisions

Sales and Use Taxes

Local Provisions

Submittal Tracking

Contractor Payments Process and Timeline

Permits and Compliance with Laws

Liquidated Damages

FAA Inspection

FAA Facilities

Accident Prevention

Insurance

St. George City General Conditions

PART 5: SAFETY DOCUMENTS

Construction Safety and Phasing Plan (CSPP)

Construction Safety and Phasing Compliance Document (CSPCD)

PART 6: TECHNICAL SPECIFICATIONS

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PART 1: GENERAL

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ENGINEER’S CERTIFICATIONS

LIST OF SPECIFICATIONS

PART 1: GENERAL

Engineer’s Certifications Information For Bidders Bid Terms

PART 2: BIDDING DOCUMENTS

Bid Form Bid Proposal Summary Bid Bond Subcontractor/Material Supplier List Qualification/Prequalification Statement Disadvantaged Business Utilization Commitment DBE Participation Form Equal Employment Opportunity Report Statement Buy America Certifications Certification Of Compliance with FAA Buy American Preference - Construction Projects Buy American Waiver Request Buy American Product Content Percentage Worksheet FAA Buy American Preference Construction Project Content Percentage Worksheet Buy American Preference-Final Assembly Questionnaire Buy America Conformance Listing Certification Regarding Domestic Preferences for Procurements Certification of Offeror/Bidder Regarding Debarment Certification of Lower Tier Contractors Regarding Debarment Certification Regarding Lobbying Certification of Offeror/Bidder Regarding Tax Delinquency and Felony Convictions Trade Restriction Certification Non-Collusion Affidavit

PART 3: FAA AC 150/5370-10H: GENERAL PROVISIONS

Section 10 – Definition of Terms Section 20 – Proposal Requirements and Conditions Section 30 – Award and Execution of Contract Section 40 – Scope of Work Section 50 – Control of Work Section 60 – Control of Materials Section 70 – Legal Regulations and Responsibility to Public Section 80 – Execution and Progress Section 90 – Measurement and Payment

PART 4: SPECIAL PROVISIONS

Federal Provisions State Provisions Local Provisions St. George City General Conditions

PART 5: SAFETY DOCUMENTS

Construction Safety and Phasing Plan (CSPP) Construction Safety and Phasing Compliance Document (CSPCD)

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PART 6: TECHNICAL SPECIFICATIONS

DIVISION 01 – GENERAL REQUIREMENTS

01 10 00 Summary 01 25 00 Substitution Procedures 01 26 00 Contract Modification Procedures 01 31 00 Project Management and Coordination 01 32 00 Construction Progress Documentation 01 32 33 Photographic Documentation 01 33 00 Submittal Procedures 01 40 00 Quality Requirements 01 42 00 References 01 50 00 Temporary Facilities and Controls 01 57 19.11 Indoor Air Quality (IAQ) Management 01 60 00 Product Requirements 01 73 00 Execution 01 77 00 Closeout Procedures 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents 01 79 00 Demonstration and Training 01 91 13 General Commissioning Requirements

DIVISION 06 – WOOD, PLASTICS, AND COMPOSITES

06 10 53 Misc. Rough Carpentry

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

07 84 13 Penetration Firestopping 07 84 43 Joint Firestopping 07 92 00 Joint Sealants

DIVISION 12 – FURNISHINGS

12 31 20.01 Slat Wall Console System 12 59 00 Furniture, Fixtures & Equipment (FF&E)

DIVISION 26 – ELECTRICAL

26 05 19 Low-Voltage Electrical Power Conductors and Cables 26 05 33.13 Conduits for Electrical Systems

DIVISION 27 – COMMUNICATIONS

27 05 29 Hangers and Supports for Communications Systems 27 05 33.13 Conduit for Communications Systems 27 10 00 Structured Cabling 27 50 00 Air Traffic Control (ATC) Equipment

DIVISION 28 – ELECTRONIC SAFETY AND SECURITY SYSTEMS

28 15 23 Intercom Entry Systems 28 20 00 Video Surveillance 28 15 00 Integrated Access Control Hardware Devices 28 14 00 Access Control System Hardware 28 10 00 Access Control

APPENDICES:

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APPENDIX 1 Schedule II - FFE Bid Package Summary APPENDIX 2 Not Required APPENDIX 3 US DOT/FAA Specification FAA-STD-019G Lightning Protection, Grounding, Bonding and

Shielding APPENDIX 4 Not Required APPENDIX 5 Not Required APPENDIX 6 Not Required APPENDIX 7 Not Required APPENDIX 8 Not Required APPENDIX 9 Not Required APPENDIX 10 Not Required APPENDIX 11 Not Required APPENDIX 12 FAA-STD-061A Airport Fiber Optic Transmission System (FOTS) APPENDIX 13 (Reserved) APPENDIX 14 FAA Form 7460-1 Instructions

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INFORMATION FOR BIDDERS

The City of St. George, hereinafter called “CITY,” shall receive BIDS for the following:

Project: SGU Air Traffic Control Tower Minimum Equipment List (MEL) Package Project Address: 3464 E Banded Hills Dr, St. George, UT 84790

1. BID TIMELINE:

BID PUBLISHING DATE: Tuesday, June 23, 2026 PRE-BID MEETING DATE, TIME & LOCATION: Tuesday, July 01, 2026; 11:30 a.m. local time, MANDATORY FOR PRIME BIDDERS_ 4508 S Airport Parkway; Suite 1; St George, UT 84790

QUESTIONS DUE DATE: Tuesday, July 14, 2026, 3:00 p.m. MDT SUBMISSION CLOSE DATE: Tuesday, July 21, 2026, 2:00 p.m. MDT

2. All BIDS must be submitted via sgcity-utah.bonfirehub.com. Any BID may be edited or withdrawn prior to the above scheduled time for the opening of BIDS. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 60 days after the actual date of the opening thereof.

Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the CITY and the BIDDER.

3. BIDS shall be based on the BID SCHEDULE and shall include all work called for by the plans and specifications and bidding documents. In the case of a discrepancy in the extension of a line item, the unit price shall govern.

In the case of a difference between the amount written in words and the amount written in figures, the written words shall govern. BIDDERS must satisfy themselves of the accuracy of the estimated quantities, where given, by examination of the site and a review of the drawings and specifications including ADDENDA.

After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstanding concerning the quantities of WORK or of the nature of the WORK to be done. CITY has the right to reduce or remove items from the project.

4. Bid Schedules are included in the Requested Information for a Base Bid and any alternates. It is the CITY'S intent to award this contract based upon the Base Bid. The CITY, in consultation with the ENGINEER, shall add bid items at the City’s sole discretion. The low bid shall be considered to be the bid which has the lowest base bid items selected by the CITY for inclusion in the final Agreement.

5. The CONSTRUCTION SCHEDULE is particularly important to the CITY. The BID shall include a construction schedule prepared using spreadsheet or scheduling software, showing all main work categories, including at shop drawings approval process, equipment lead time installation, and.

6. It is the CITY'S intention to commence construction within 30 calendar days of the Notice of Award and to complete the project no later than 365 Calendar Days from the Notice to Proceed. BIDDER'S must be able to commit to these dates before submitting Bids.

7. The CITY shall provide to BIDDERS prior to BIDDING, all information which is pertinent to, and delineates and describes, the land owned, and rights-of-way acquired or to be acquired.

Failure to attend a mandatory Pre-Bid meeting will result in automatic disqualification https://sgcity-utah.bonfirehub.com/

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CONTRACT DOCUMENTS INCLUDING BONDS:

1. The CONTRACT DOCUMENTS contain the provisions required for the construction of the project. Information obtained from an officer, agent, or employee of the CITY or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve him from fulfilling any of the conditions of the contract.

2. Each BID must be accompanied by a BID bond payable to the CITY for five percent of the total amount of the

BID. As soon as the BID prices have been compared, the CITY will return the BONDS of all except the three lowest responsible BIDDERS. The BID BOND of the successful BIDDER will be retained until the payment

BOND and performance BOND have been executed and approved and the Notice to Proceed has been issued, after which the BID BOND will be returned. A certified check may be used in lieu of a BID BOND.

3. A performance BOND and a payment BOND, each in the amount of 100 percent of the CONTRACT PRICE, with a corporate surety approved by the CITY, will be required for the faithful performance of the contract.

4. Attorneys-in-fact who sign BID BONDS, payment BONDS or performance BONDS must file with each BOND a certified copy of their power of attorney with the effective date.

AWARDING CONTRACT:

1. The CITY may waive any informalities, minor defects, or reject any and all BIDS.

2. The CITY may make such investigations as it deems necessary to determine the ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the CITY all such information and data for this purpose as the CITY may request. The CITY reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the CITY that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the Agreement and to complete the WORK contemplated therein.

3. The BIDDER, by evidence of the submission of the BID, acknowledges that BIDDER and BIDDER’S subcontractors meet or exceed the specified requirements for related project experience and insurances, and that should the CITY discover at any time evidence to the contrary, BIDDER agrees to withdraw BIDDER’S BID and to allow the CITY to award the CONTRACT to the next lowest responsible BIDDER. BIDDER must have the proper contractor’s license for this type of project prior to bidding on the project. It is solely BIDDER’S responsibility to comply with all applicable federal, state, and local laws, regulations, and ordinances that affect this project.

4. Award will be made to the lowest responsible BIDDER as determined by the City using the criteria contained in City ordinances governing the award of contracts. The BID shall be awarded on the condition that the BIDDER provides all required documents prior to the NOTICE TO PROCEED being issued. Failure to provide the required documents shall be considered a default on the Contract and may result in the CITY awarding the Contract to another BIDDER in addition to other legal remedies.

5. The party to whom the contract is awarded will be required to execute the Agreement and obtain the performance BOND, the payment BOND, the Certificate of Legal Work Status for the BIDDER and all Subcontractors and the certificate of insurance within ten (10) calendar days from the date when NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary Agreement and BOND forms. The bid shall be awarded on the condition that the BIDDER provides all required documents prior to the NOTICE TO PROCEED being issued. Failure to provide the required documents shall be considered a default on the Contract and may result in the City Awarding the CONTRACT to another BIDDER in addition to other legal remedies.

6. In case of failure of the BIDDER to execute the Agreement or is found to be ineligible or becomes ineligible to meet all the requirements for the project, the CITY may at its option consider the BIDDER in default, in which case the BID BOND accompanying the proposal shall become the property of the CITY.

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7. Upon receipt of acceptable performance BOND, payment BOND, insurance certificates and Agreement signed by the party to whom the Agreement was awarded, the CITY shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the CITY not execute the Agreement, the BIDDER may by WRITTEN NOTICE withdraw the BIDDER’S signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the CITY.

8. The NOTICE TO PROCEED shall be issued immediately upon the following occurring: providing the executed Agreement to the CITY, providing the performance and payment BONDS to City, and providing the insurance certificates to City. Should there be reasons why the City wants to delay and the NOTICE TO PROCEED cannot be issued within such period the time may be extended by mutual agreement between the CITY and CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the ten (10) day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement without further liability on the part of either party.

9. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout.

10. Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the

CONTRACT DOCUMENTS. Failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to his BID Federal Language Required for Solicitations:

TITLE VI SOLICITATION NOTICE:

The City of St. George, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 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, disadvantaged business enterprises 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 (including sexual orientation and gender identity), age, or disability in consideration for an award.

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BID TERMS

Project Name: Air Traffic Control Tower Minimum Equipment List (MEL) Package

Reference No: #26-292

Proposal of (“BIDDER"), organized and existing under the laws of the State of doing business as a corporation, partnership, or an individual (circle applicable status), to the City of St. George ("CITY"). Pursuant to and in compliance with the Public Notice, BIDDER hereby proposes to perform all Work for the above named Project in strict accordance with the Contract Documents, BIDDER'S Instructions, Drawings, Specifications, and other documents related thereto, the undersigned, having familiarized themselves with the existing conditions on the site and the conditions under which the work on the Drawings and in the Specifications is to be done, hereby proposes to furnish all labor, materials, equipment, incidental items, permits, fees, and services to perform all specified work on the above named project.

By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor.

All Work shall be in strict accordance with the Contract Documents and documents issued thereto and shall be installed at the price/prices set forth in the Contract Documents. Bidder acknowledges that all Work shall be done subject to CITY’S approval. Decisions and questions as to the quality, suitability, and acceptability of the materials, interpretation of drawings and specifications, and acceptable fulfillment of the Contract by the BIDDER shall be made by CITY.

Of particular importance to be considered in the BID are the following:

CONTRACT TIME AND LIQUIDATED DAMAGES

The WORK is to be performed within the specified CONTRACT TIME. If the CONTRACTOR shall fail to complete the WORK within the CONTRACT TIME, or extension of time granted by the CITY, then the CONTRACTOR will pay the CITY LIQUIDATED DAMAGES assessed at the rates established in Part 4, Local Provisions. IN addition:

1. $250.00 (dollars) per day for each calendar day that the CONTRACTOR shall be in default after the

CONTRACT TIME.

2. $250.00 (dollars) per day for failure to make repairs to deficiencies in the work within 10 days of notification to repair.

The rates specified in ‘b.’ above are cumulative and are in addition to LIQUIDATED DAMAGES assessed in association with the overall Contract Time as listed in ‘a.’ above. Additional information on LIQUIDATED DAMAGES is provided in the GENERAL CONDITIONS.

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PART 2: BIDDING DOCUMENTS

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BID PROPOSAL SUMMARY

Bidder Name: __________________________________________________________________________________

Schedule I Total (Lump Sum): $ ____________________________________________________________________

Schedule II Total (Lump Sum): $ ___________________________________________________________________

Bid Proposal Total (Lump Sum) $ __________________________________________________________________

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BID BOND

Reference #26-292; Air Traffic Control Tower Minimum Equipment List (MEL) Package

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto The City of St. George in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

Signed, this day of , 20 . The Condition of the above obligation is such that whereas the Principal has submitted to a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for the construction of Construct Air Traffic Control Tower.

NOW, THEREFORE,

(a) If said BID shall be rejected, or

(b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, THEN this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the CITY may accept such BID; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

Principal

Surety

By:

IMPORTANT – Surety companies executing BONDS must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located.

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SUBCONTRACTOR/MATERIAL SUPPLIER LIST

The bidder shall provide information on all subcontractors/material suppliers bidding or quoting on subcontracts for this project.

Name of Firm Address Type of Work to be

Performed on Contract

Contractors License

(State & No.)

Certified

DBE

(Yes/No)

Certification Number

Bid Amount

Date Firm Established

*GRS

*GRS - Annual Gross Receipts Enter 1 for less than $1 million Enter 2 for more than $1 million but less than $5 million Enter 3 for more than $5 million but less than $10 million Enter 4 for more than $10 million but less than $15 million Enter 5 for more than $15 million

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QUALIFICATIONS/PREQUALIFICATION STATEMENT

St. George Regional Airport St. George, Utah Air Traffic Control Tower Minimum Equipment List (MEL) Package Reference #26-292

1) SPECIAL CLASSIFICATION (if applicable) Certified By & Date:

Minority Business Enterprise

Women Business Enterprise

Veteran Business Enterprise

Small Business Enterprise

Other ( )

2) BONDING INFORMATION

Bonding Company:

Address:

Bonding Agent:

Address:

Contact Name:

Phone:

Aggregate Bonding Capacity:

Available Bonding Capacity as of date of this submittal:

3) FINANCIAL INFORMATION

Financial Institution:

Address:

Account Manager:

Phone:

Email:

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4) QUESTIONNAIRE:

Has the business, or predecessor in interest, or an affiliate…

a) Been disqualified as a bidder by any Federal, State, or Local agency within the past 5-years? YES NO

b) Been barred from contracting by any Federal, State, or Local agency within the past 5-years? YES NO

c) Been released from a bid in the past 5-years? YES NO

d) Defaulted on a project or failed to complete any contract awarded to it? YES NO

e) Been unable, or refused, to construct or provide materials defined in the contract documents or change order? YES NO

f) Had Liquidated Damages assessed against your firm in the past 5-years? YES NO

g) Had a Surety Company complete or manage a project in the past 5-years? YES NO

h) Been a party to any litigation, including binding out of court settlements or arbitration, with any Sponsor, subcontractor, equipment vendor, or manufacturer in the past 5-years? YES NO

If yes to any question, please provide a brief explanation:

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DISADVANTAGED BUSINESS UTILIZATION COMMITMENT

_____ The bidder agrees to expend at least 0.00% DBE utilization on this project.

_____ The bidder (if unable to meet the goal of 0.00% DBE) is committed to a minimum of N/A DBE utilization on this project and has submitted documentation showing good faith effort.

NOTE: Failure to submit a “Good Faith Effort” at the time of the Bid opening may result in the bid being considered as non-responsive.

For the purposes of this commitment, the term “Disadvantaged Business Enterprise” shall mean a business:

a. Which is at least 51 % owned by one or more minorities or women, or in the case of a publicly owned business, at least 51 % of the stock of which is owned by one or more minorities or women; and

b. Whose management and daily business operations are controlled by one or more such individuals.

“Disadvantaged Group Member” or “Disadvantaged” means a person who is a citizen or lawful, permanent resident of the United States, and who is:

a. Black (a person having origins in any of the black racial groups of Africa);

b. Hispanic (a person of Spanish or Portuguese culture, with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race);

c. Asian American (a person having origins in any of the original peoples of the Far East, Southeast Africa, the Indian subcontinent, or the Pacific Islands);

d. American Indian or Alaskan Native (a person having origins in any of the original peoples of North America);

e. Member of other groups, or other individuals, found to be economically and socially disadvantaged by the Small Business Administration under Section 8(a) of the Small Business Act, as Amended 15 U.S.C. 637 (a);

f. A female person who requests to be considered as a DBE, and who “owns” and “controls” a business as defined herein.

Disadvantaged Business Enterprises may be employed as contractors, subcontractors, or suppliers.

NAME OF ORGANIZATION:

BY:

TITLE:

DATED:

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DBE PARTICIPATION FORM

The undersigned, hereby assures that he/she will ensure DBE participation for the amount(s) shown, if awarded a contract for this project in the amount of $: .

All eligible DBE firms must be certified by the State Department of Transportation prior to bid opening.

Name of DBE Firm:

DBE contract amount: $ % of total contract:

DBE Firm Address:

DBE contact person: Name:

Phone:

The DBE is a: Prime Contractor Subcontractor Manufacturer Supplier

Category of DBE: Native American Hispanic Asian Pacific Black Non minority Woman Other

Work to be performed by DBE:

DBE certification Agency:

Expiration Date:

(Please include a copy of the latest DBE certification)

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Name of DBE Firm:

DBE contract amount: $ % of total contract:

DBE Firm Address:

DBE contact person: Name:

Phone:

The DBE is a: Prime Contractor Subcontractor Manufacturer Supplier

Category of DBE: Native American Hispanic Asian Pacific Black Non minority Woman Other

Work to be performed by DBE:

DBE certification Agency:

Expiration Date:

(Please include a copy of the latest DBE certification)

Name of DBE Firm:

DBE contract amount: $ % of total contract:

DBE Firm Address:

DBE contact person: Name:

Phone:

The DBE is a: Prime Contractor Subcontractor Manufacturer Supplier

Category of DBE: Native American Hispanic Asian Pacific Black Non minority Woman Other

Work to be performed by DBE:

DBE certification Agency:

Expiration Date:

(Please include a copy of the latest DBE certification)

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$ Amount $ DBE Credit Participation

% DBE

DBE Prime Contractor $ $ %

DBE Subcontractor $ $ %

DBE Supplier* $ x 0.60 = $ %

DBE Manufacturer $ $ %

Total Amount DBE $ %

DBE Goal $ %

* Only 60% credit allowed for DBE suppliers

If the total DBE participation shown is less than the DBE goal required by the specifications, you must attach documentation of your good faith efforts to achieve the goal.

The bidder agrees to certify that the disadvantaged firm(s) engaged to provide materials or services in the completion of this project:

a. is a bona fide Disadvantaged Business Enterprise, and;

b. has executed a binding contract to provide specific materials or services for a specific dollar amount.

The bidder will provide written notice to Sponsor indicating the Disadvantaged Business Enterprise(s) it intends to use in conjunction with this contract. This written notice is to be submitted with the bid proposal. Certification that the Disadvantaged Business Enterprise(s) has executed a binding contract with the bidder for materials or services should be provided to Sponsor. Breach of this commitment constitutes a breach of the bidder’s contract if awarded.

The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to this commitment.

NAME OF ORGANIZATION:

BY:

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EQUAL EMPLOYMENT OPPORTUNITY REPORT

STATEMENT

Each bidder shall complete and sign the Equal Employment Opportunity Report Statement. A bid may be considered unresponsive and may be rejected, in the Sponsor’s sole discretion, if the bidder fails to provide the fully executed statement or fails to furnish the required data. The bidder shall also, prior to award, furnish such other pertinent information regarding its own employment policies and practices as well as those of its proposed subcontractors as the Federal Aviation Administration (FAA), the Sponsor, or the Executive Vice Chairman of the President’s Committee may require.

The bidder shall furnish similar statements executed by each of its first tier and second-tier subcontractors and shall obtain similar compliance by each subcontractor, before awarding subcontracts. No subcontract shall be awarded to any non-complying subcontractor.

EQUAL EMPLOYMENT OPPORTUNITY REPORT STATEMENT

As Required in 41 CFR 60-1.7(b)

The bidder shall complete the following statements by checking the appropriate blanks. Failure to complete these blanks may be grounds for rejection of the bid:

1. The bidder has ___ has not ___ developed and has on file at each establishment affirmative action programs pursuant to 41 CFR 60-1.40 and 41 CFR 60-2.

2. The bidder has ___ has not ___ participated in any previous contract or subcontract subject to the equal opportunity clause prescribed by Executive order 11246, as amended.

3. The bidder has ___ has not ___ filed with the Joint Reporting Committee the annual compliance report on Standard Form 100 (EEO-1 Report).

4. The bidder does ___ does not ___ employ fifty or more employees.

NAME OF ORGANIZATION:

BY:

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BUILD AMERICA, BUY AMERICA (BABA) ACT

(Title 49 U.S.C. Section 50101)

The Buy American Preference incorporates statutory requirements and policies outlined in the in 49 USC § 50101, Executive Order 14005, and BABA.

Section 50101 of 49 USC requires that all steel and manufactured goods used on AIP projects be produced in the United States. This section also gives the FAA the ability to issue a waiver to a Sponsor to use non-domestic material on an AIP funded project subject to meeting certain conditions. A Sponsor may request that the FAA issue a waiver from the Buy American Preference requirements if the FAA finds that:

1. Applying the provision is not in the public interest.

2. The steel or manufactured goods are not available in sufficient quantity or quality in the United States.

3. The cost of components and subcomponents produced in the United States is more than 60 percent of the total components of a facility or equipment, and final assembly has taken place in the United States.

Items that have an FAA standard specification item number (such as specific airport lighting equipment) are considered the equipment.

4. Applying this provision would increase the cost of the overall project by more than 25 percent.

Executive Order 14005 advances the Administration’s priority to use terms and conditions of Federal financial assistance awards to maximize the use of goods, products, and materials produced in, and services offered in, the United States. The Order directs, to the extent appropriate and consistent with applicable law, agencies shall partner with the Hollings Manufacturing Extension Partnership (MEP) to conduct supplier scouting in order to identify American companies that are able to produce goods, products, and materials in the United States that meet Federal procurement needs, prior to consideration of using non-domestic products.

The Bipartisan Infrastructure Law, Build America, Buy America (BABA) Act strengthens Made in America Laws and bolsters America’s industrial base, protects national security, and supports high-paying jobs. Under BABA, iron, steel and certain construction materials are required to be 100% produced in the United States.

Under the Bipartisan Infrastructure Law (Pub. L. No. 117-58) BABA three waivers are available for iron and steel, manufactured products, and construction materials when a Federal agency finds that –

1. Applying the domestic content procurement preference would be inconsistent with the public interest (a “public interest waiver”);

2. Types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality (a “nonavailability waiver”); or

3. The inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent (an “unreasonable cost waiver”).

BABA defines construction materials, items that are or consists 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.

Items that consist of two or more of the aforementioned materials that have been combined together through a manufacturing process, and items that include at least one of the listed materials combined with a material that is not listed through a manufacturing process should be treated as manufactured products, rather than as construction materials. For example, a plastic framed sliding window should be treated as a manufactured product while plate glass should be treated as a construction material.

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The Buy America Preference requirements flow down from the Sponsor to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are also in compliance.

Note: The Buy American Preference does not apply to temporary equipment a contractor uses as a tool of its trade, and which does not remain as part of the project.

Required Documentation. The FAA Buy American Requests. All applications (requests) for an FAA Buy American Preference Waiver includes, at minimum, a completed Content Percentage Worksheet and Final Assembly Questionnaire. Additional information may be requested from the applicant by the FAA. Airport Sponsors, consultants, construction contractors, or equipment manufacturers are responsible for completing and submitting waiver applications. The FAA is unable to make a determination on waiver requests with incomplete information.

Sponsors must confirm with the bidder or offeror to assess the adequacy of the waiver request and associated information prior to forwarding a waiver request to the FAA for action. All FAA waivers forms are available from the FAA Buy American Requirements webpage, located here: https://www.faa.gov/airports/aip/buy_american/

Propriety Confidentiality. Exemption 4 of the Freedom of Information Act protects "trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential. Proprietary manufacturing and design information submitted to the Federal Aviation Administration for the purposes of receiving a Buy American Waiver shall not be disclosed outside the FAA. The FAA will provide a written notification to the Airport Sponsor, manufacturer(s), contractor(s) or supplier(s) when a waiver determination is complete.

Timing of Waiver Requests. Sponsors desiring a Type 2 waiver should submit their waiver request, with justification, before issuing a solicitation for bids or a request for proposal for a project.

The Sponsor must submit a Type 2, Type 3, or Type 4 waiver request prior to executing the contract. The FAA will generally not consider waiver requests after execution of the contract except where extraordinary and extenuating circumstances exist.

The Buy American Notice of Determination (NOD) Process. The FAA Reauthorization Act of 2018 requires that all approved waivers must be posted to the FAA’s website and remain posted for public comment for 10 days, before becoming effective. All FAA waivers must complete the NOD process. Sponsors are encouraged to wait until approved waivers become effective before executing AIP projects.

Buy American Conformance Lists. The FAA Office of Airports maintains listings of projects and products that have received a waiver from the Buy American Preference requirements for project specific and nationwide use. Each of these conformance lists is available online at www.faa.gov/airports/aip/buy_american/. Products listed on the FAA Nationwide Buy American Conformance list do not require additional submittal of domestic content information.

Nationwide waivers expire five years from the date issued, unless revoked earlier by the FAA.

Facility Waiver Requests. For construction of a facility, the Sponsor may submit the waiver request after bid opening, but prior to contract execution. Examples of facility construction include terminal buildings, terminal renovation, and snow removal equipment buildings.

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CERTIFICATION OF COMPLIANCE WITH FAA BUY AMERICAN

PREFERENCE – CONSTRUCTION PROJECTS

As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with its proposal. The bidder or offeror must indicate how it intends to comply with 49 USC § 50101, BABA and other related Made in America Laws, U.S. statutes, guidance, and FAA policies, by selecting one of the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (i.e., not both) by inserting a checkmark or the letter “X”.

Bidder or offeror hereby certifies that it will comply with 49 USC § 50101, BABA and other related U.S. statutes, guidance, and policies of the FAA by:

a. Only installing iron, steel and manufactured products produced in the United States;

b. Only installing construction materials defined as: 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 that have been manufactured in the United States;

c. Installing manufactured products for which the Federal Aviation Administration (FAA) has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing;

or

d. Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108.

By selecting this certification statement, the bidder or offeror agrees:

a. To provide to the Airport Sponsor or the FAA evidence that documents the source and origin of the iron, steel, and/or manufactured product.

b. To faithfully comply with providing U.S. domestic products.

c. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.

d. Certify that all construction materials used in the project are manufactured in the U.S.

The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American Preferences of 49 USC § 50101(a) but may qualify for a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees:

a. To the submit to the Airport Sponsor or FAA within 15 calendar days of being selected as the responsive bidder, a formal waiver request and required documentation that supports the type of waiver being requested.

b. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination that may result in rejection of the proposal.

c. To faithfully comply with providing U.S. domestic products at or above the approved U.S. domestic content percentage as approved by the FAA.

d. To furnish U.S. domestic product for any waiver request that the FAA rejects.

e. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.

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Required Documentation Type 2 Waiver (Nonavailability) - The iron, steel, manufactured goods or construction materials or manufactured goods are not available in sufficient quantity or quality in the United States. The required documentation for the Nonavailability waiver is:

a. Completed Content Percentage Worksheet and Final Assembly Questionnaire form;

b. Record of thorough market research, consideration where appropriate of qualifying alternate items, products, or materials including;

c. A description of the market research activities and methods used to identify domestically manufactured items capable of satisfying the requirement, including the timing of the research and conclusions reached on the availability of sources.

Type 3 Waiver – The cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components and subcomponents of the “facility/project.” The required documentation for a Type 3 waiver is:

a. Completed Content Percentage Worksheet and Final Assembly Questionnaire including;

b. Listing of all manufactured products that are not comprised of 100 percent U.S. domestic content

(excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non-domestic products in their entirety);

c. Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly and installation at project location;

d. Percentage of non-domestic component and subcomponent cost as compared to total “facility” component and subcomponent costs, excluding labor costs associated with final assembly and installation at project location.

Type 4 Waiver (Unreasonable Costs) - Applying this provision for iron, steel, manufactured goods or construction materials would increase the cost of the overall project by more than 25 percent. The required documentation for this waiver is:

a. A completed Content Percentage Worksheet and Final Assembly Questionnaire form;

b. At minimum two comparable equal bids and/or offers;

c. Receipt or record that demonstrates that supplier scouting called for in Executive Order 14005, indicates that no domestic source exists for the project and/or component;

d. Completed waiver applications for each comparable bid and/or offer.

False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code.

NAME OF ORGANIZATION:

BY:

BUY AMERICAN WAIVER REQUEST FORMS

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U.S. Department of Transportation

Federal Aviation Administration

FAA Form 5100-136, Buy American Project/Product Content Percentage Calculation –

Worksheet

Instructions for FAA Form 5100-136, Buy American Preference - Content Percentage Worksheet

General Instructions/Information

This form is intended for use by applicants (manufacturers, contractors, suppliers) for an FAA Buy American Preference waiver of the requirements of section 70914 of the Build America, Buy America (BABA) Act included in the Infrastructure Investment and Jobs Act (IIJA) (Pub. L. No. 117-58). This form and the Final Assembly Questionnaire (FAA form 137) must be submitted together for all waiver requests. Complete the below sections.

Applicant Information Section

Enter applicant and point-of-contact information.

Project/Product Information Section (The Final Project)

Enter summary information about the specific FAA eligible project for which this waiver is requested, including the calculated costs and percentage information from the project material structure worksheet.

FAA Buy American Preference Compliance Section (“Construction Materials”)

Enter summary cost and percentage information about the presence of non-domestic portions of iron, steel, or other singular “construction materials” that 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 which are not combined with any of other materials through a manufacturing process.

Use of Non-Domestic Construction Materials Justification Section

Enter a description of your good faith efforts made to locate and secure domestic materials that are not 100% domestically produced in the United States, including the use of the Supplier Scouting by the Manufacturing Extension Partnership (MEP) or market research. This information is required for any non-U.S. portions of structural steel and or iron.

Paperwork Reduction Act Burden Statement

A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

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Project Material Structure Worksheet (Manufactured Goods)

Enter onto the worksheet the final project and manufactured component/subcomponent items, prices and total costs, excluding labor and retail markup through level 2 only.

Eligible materials below level two should be included with its associated component or subcomponent. Price multiplied by quantity equals costs.

For additional information on how to complete this form, contact the FAA regional or airport district office associated with the airport worksite, or for assistance for other waivers, contact FAA headquarters via the AIP Buy American Preference Requirements webpage.

Level. Enter material level 0, 1, or 2. Level 0 is the final product, Level 1 is a component, and Level 2 is a sub-component.

Part Number. Enter a reference number used to track the item.

Item Description. Enter a concise but clear description of the item.

Quantity. Enter the quantity of the item described in the product/project.

Unit of Measure. Enter the unit of measure used for the item. Examples: Each, Ton, or Sq. Ft.

Price/Unit of Measure. Enter the price for each unit of the item.

U.S. Origin Price/Unit of Measure. Enter the price for each unit of U.S. origin.

U.S. Origin Cost. Enter the total cost.

Non-U.S. Price/Unit of Measure. Enter the price for each unit not of U.S. origin.

Non-U.S. Cost. Enter the total cost of the item not of U.S. origin.

Country of Non-U.S. Materials. Enter the country or countries of origin for all non-U.S. materials. Enter “Not applicable” if only U.S. materials are used for the item.

Example A – Completed Material Structure Worksheet

On the next page is an illustration of a Project Material Structure Worksheet.