SIR 692M15-24-R-00005 1-19-2024.pdf

SOLICITATION, OFFER AND AWARD

3. SOLICITATION TYPE1. CONTRACT NO. 2. SOLICITATION NUMBER

6. ISSUED BY CODE 7. ADDRESS OFFER TO (If other than Item 6)

5. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder"

NEGOTIATED BID (RFP)

SEALED BID (IFB)

4. DATE ISSUED

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C. E-MAIL ADDRESS

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B. TELEPHONE (NO COLLECT CALLS)A. NAME

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INFORMATION

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CAUTION: LATE Submissions, Modifications and Withdrawals. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 7, or if hand carried, in the

SOLICITATION

8. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTR., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

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J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICE/COST

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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10. TABLE OF CONTENTS

17. OFFER DATE16. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

14C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

14B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

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OFFEROR

CODE FACILITY

15. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER14A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

13. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)12. DISCOUNT FOR PROMPT PAYMENT the designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above , to furnish any or all items upon which prices are offered at the price set opposite each item , delivered at

11. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 11 does not apply if the solicitation includes Minimum Bid Acceptance Period .

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or by other authorized official written notice.

27. AWARD DATE

(Signature of Contracting Officer)

26. CONTRACT AUTHORITY

24. PAYMENT WILL BE MADE BY

25. NAME OF CONTRACTING OFFICER (Type or print)

CODE 23. ADMINISTERED BY (If other than Item 6)

ITEM

(4 copies unless otherwise specified)

22. SUBMIT INVOICES TO ADDRESS SHOWN IN21. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

20. ACCOUNTING AND APPROPRIATION19. AMOUNT18. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by CONTRACT AUTHORITY)

CODE

01/19/2024 X

AAQ650-AFN

AAQ-650 WJHTC Branch FAA William J. Hughes Technical Center Building 300, Fourth Floor Atlantic City International Airport Atlantic City NJ 08045

1600 ET 02/20/2024

Sarah E. McCarty Sarah.E.McCarty@faa.go v

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692M15-24-R-00005

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

692M15-24-R-00005

00001 WJHTC Construction QVL project

Section B - Supplies or Services/Prices Section B - Schedule

Clause List

B.01 BASIC ORDERING AGREEMENT GENERAL TERMS

1. The Federal Aviation Administration (FAA) at the William J. Hughes Technical Center (WJHTC) is establishing a Qualified Vendor List (QVL) for construction projects to be performed at the WJHTC in Atlantic City, NJ, and Elwood, NJ, and at the Cape May County Airport in Cape May, NJ. The FAA’s WJTHC Construction QVL is a list of pre-screened, qualified contractors who will be available to perform required services for recurring construction-related projects that cannot be defined at the time of establishment of the Construction QVL. Each qualified vendor is awarded a Basic Ordering Agreement (BOA) that establishes the terms and conditions that apply to all orders awarded under the BOA.

2. The BOA for WJHTC Construction Services is available for use by the WJHTC, Federal Aviation Administration

(FAA).

3. This QVL is limited to Small Businesses. See Clause G.05 Task Order Award Process for additional information regarding noncompetitive and set-aside awards under the QVL.

4. The QVL will be in effect for approximately 10 years from the date it is established (estimated 31 May 2024).

The period of performance will be determined on each Task Order (TO). In the event that the period of performance on a TO is past the effective date of the BOA, the BOA governs the contractor’s and Government’s rights and obligations with respect to the order to the same extent as if the order were completed during the BOA’s effective period.

5. The contractor must provide all necessary labor, materials, equipment, and services to support the WJHTC’s various construction projects in accordance with Attachment 1 Statement of Work for the QVL categories that the contractor has qualified for.

Note: Contractors will be informed of the QVL categories they have qualified for via email from the Contracting Officer.

6. This BOA is not a contract and nothing contained herein is intended to imply and must not be interpreted as implying any agreement by the Government to place TOs against this BOA; the Government has no obligation to issue any order.

7. For clarification purposes, the term “contract” herein refers to TOs awarded under this BOA. In addition, the term “day” means a calendar day, unless otherwise specified.

8. TOs issued under this BOA become a binding contract unless the BOA Holder rejects the order in writing via email to the Contracting Officer of record on the TO within five (5) working days after receipt of the order.

9. Unless otherwise specified in a specific TO issued under the BOA, the terms and conditions of the BOA apply to each order issued under this BOA. The FAA reserves the right to add clauses in Requests for Proposal (RFPs) and resultant TOs without modifying the BOA.

10. TOs awarded under this BOA will be subject to the Davis-Bacon Act (DBA). The applicable DBA Wage Determination will be incorporated at the TO level.

11. All TOs will be Firm-Fixed-Price and negotiated on a project-by-project basis.

12. In accordance with AMS Clause 3.4.1-10 Insurance - Work on a Government Installation, for the duration of TO performance, the vendor must hold a general contractor liability property damage insurance policy in the amount of

$1,000,000.00, or for the TO value, whichever is higher. This policy must include the Federal Aviation Administration as “additional insured.”

13. Vendor must submit as part of their TO proposals for applicable projects the information required by AMS Clause 3.6.4-3 Buy American Act - Construction Materials.

14. Based on the SBA’s Eligible NAICS for the Women-Owned Small Business Federal Contracting program, dated 1 October 2022, WOSB set-asides will be considered for QVL Categories 1, 6, 8, and 9; EDWOSB set-asides will be considered for QVL Category 10; and neither WOSB nor EDWOSB set-asides will be considered for QVL Categories 2, 3, 4, 5, and 7.

15. For the duration of the QVL, prime vendors must be located within the state of NJ OR 65 miles from the WJHTC if located outside of NJ. The 65-mile distance will be determined by using a straight line from any point on the grounds of the WJHTC to the vendor’s location. The FAA reserves the right to expand the mileage requirement for any or all of the QVL categories if it is determined to be in the Government's best interest.

16. The FAA’s Acquisition Management System (AMS) is utilized in place of the Federal Acquisition Regulation (FAR); https://fast.faa.gov/PPG_Procurement.cfm.

The remainder of this page has been intentionally left blank.

https://fast.faa.gov/PPG_Procurement.cfm

Section C - Description/Specifications Scope of Work

Clause List

C.01 STATEMENT OF WORK

All work is to be performed in accordance with Section J, Attachment 1 Statement of Work and with individual TO project Statements of Work.

Section D - Packaging and Marking Clause List

Section E - Inspection and Acceptance Clause List

3.10.4-10 INSPECTION OF CONSTRUCTION (SEP 2009)

E.01 INSPECTION

All services will be performed in a skillful and professional manner. Services will be subject to inspection by the Contracting Officer, the Contracting Officer's Representative (COR), or the Task Order Representative (TOR). The contractor may be required to correct defective workmanship or service at no additional cost to the Government.

Section F - Deliveries or Performance Clause List

3.10.1-24 NOTICE OF DELAY (MAR 2009)

3.2.2.8-5 LIQUIDATED DAMAGES - CONSTRUCTION (OCT 2019)

(a) If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor must pay to FAA as liquidated damages, the sum of $TO BE DETERMINED AT TASK ORDER LEVEL WHERE APPLICABLE for each day of delay.

(b) If FAA terminates the Contractor's right to proceed, the resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work, together with any increased costs to FAA in completing the work.

(c) If FAA does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted.

(End of clause)

F.01 PROJECT LOCATION

All projects are anticipated to take place at the FAA William J. Hughes Technical Center, Atlantic City, NJ, and Elwood, NJ, and at the Cape May County Airport, Cape May, NJ, as specified in the project-specific Statement of Work.

F.02 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

(a) This clause specifies the procedure for the determination of time extensions for unusually severe weather in accordance with AMS Clause 3.10.6-6 Default (Fixed Price Construction). The listing below defines the monthly anticipated adverse weather for the contract period for the geographic location of the project. For the purpose of the contract, unusually severe weather is defined as daily precipitation equal to or exceeding 0.5 inches and/or maximum daily temperature not exceeding 32 degrees Fahrenheit.

MONTHLY ANTICIPATED ADVERSE WEATHER CALENDAR DAYS

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

10 Days 15 Days 5 Days 3 Days 3 Days 2 Days 2 Days 2 Days 3 Days 3 Days 4 Days 5 Days

(b) The above schedule of anticipated adverse weather will constitute the baseline for monthly weather time evaluations. Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, actual adverse weather days will be recorded on a calendar day basis, including weekends and holidays, and compared to the monthly anticipated adverse weather in paragraph (a) above. For the purposes of paragraphs (b) and (c), the actual adverse weather days must include days impacted by actual adverse weather days.

(c) The number of actual adverse weather days must be calculated chronologically from the first to the last day in each month. Once the number of actual adverse weather days anticipated in paragraph (a) above has been incurred, the Contracting Officer will examine any subsequently occurring adverse weather days, over and above the number reflected in paragraph (a) above, to determine whether the contractor is entitled to a time extension. These subsequently occurring adverse weather days must prevent work for 50 percent or more of the contractor's workday and delay work critical to the timely completion of the project. The Contracting Officer will convert any delays meeting the above requirements to calendar days and issue a time extension in accordance with AMS Clause 3.10.6- 6 Default (Fixed Price Construction).

(d) The contractor's schedule must reflect the above anticipated adverse weather delays on all weather-dependent activities.

F.03 WORKING HOURS

(a) Regular Working Hours: Regular working hours for the projects must consist of an 8-1/2 hour period between the hours of 7:00 AM to 4:30 PM, Monday through Friday.

(b) Government personnel observe the following listed days as holidays:

New Year's Day January 1 Martin Luther King's Birthday 3rd Monday in January President's Birthday 3rd Monday in February Memorial Day Last Monday in May Juneteenth National Independence Day June 19 Independence Day July 4 Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran's Day November 11 Thanksgiving Day 4th Thursday in November Christmas December 25

Federal holidays that fall within the workweek will not be considered workdays. When any of these designated holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When any of these designated holidays falls on a Saturday, the preceding Friday will be observed as a legal holiday.

In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by the President’s Proclamation Any other day designated by the Technical Center’s Director.

It is understood and agreed between the Government and the contractor that observance of such days by Government personnel must not otherwise be a reason for an additional period of performance. In the event the contractor’s personnel work during the holiday, no form of holiday or other premium compensation will be reimbursed, other than their normal compensation of the time worked.

When the Federal, State, Local and other governmental entities grant excused absence to its employees, assigned contractor personnel may also be dismissed; however, they will not be directly reimbursed for the excused absence.

Information about Center delayed openings or closings may be obtained by calling (609) 485-6100.

(c) Work Outside Regular Working Hours: The project-specific scope of work will identify if a project requires work outside regular working hours. Such periods have been considered in computing the time allowed for completion.

All work outside regular working hours requires coordination with and approval from the Contracting Officer’s Representative (COR) or Contracting Officer (CO). Unless otherwise specified, the contractor must provide a written request at least 15 calendar days prior to the time the contractor desires to do the work outside regular hours to allow for arrangements to be made by the Government for inspecting the work in progress. The written request must indicate the specific dates, hours, location, type of work to be performed, TO number, and project title. During periods of darkness, the different parts of the work must be lighted in a manner approved by the Contracting Officer.

F.04 SCHEDULE OF PRICES

When the contractor will invoice utilizing progress payments, within 10 calendar days after TO award and before the issuance of a Notice to Proceed with the work, the contractor must prepare and submit to the Contracting Officer and COR/TOR a schedule of prices providing a detailed breakdown of the contract price, giving quantities for each of the various kinds of work, unit prices, and extended prices thereto. In addition, the schedule of prices must indicate work to be performed by subcontractors, the subcontractors’ company names and addresses, and the respective amounts or percentages of total contract value. Consider the value of materials and equipment as part of the work performed by the company installing them. The schedule of prices must align with the project schedule.

F.05 PRECONSTRUCTION CONFERENCE

Pursuant to AMS Clause 3.2.2.3-62 Preconstruction Conference, within 10 calendar days after TO award unless otherwise instructed by the COR, and before any on-site work is started, the contractor and their subcontractors must attend and participate in a preconstruction conference with the Contracting Officer and their representatives at the WJHTC. The Contracting Officer will advise the contractor as to the exact location. This meeting will be used to assure that there is a clear understanding of the contract requirements, including labor standard provisions, scheduling, safety requirements, submittal requirements, and the rights and obligations of the parties. The project-specific Statement of Work will discuss the preconstruction submittals. Submittals identified in the project-specific Statement of Work are required at or before the preconstruction conference. The Notice to Proceed will not be issued without successful receipt and acceptance of the preconstruction submittals unless the Contracting Officer waives in writing any or all such requirements. Any work performed by the contractor without this approval is strictly at the contractor’s own risk.

F.06 CONSTRUCTION SCHEDULE

Within 10 calendar days after TO award and before the issuance of a Notice to Proceed with the work, the contractor must prepare and submit to the Contracting Officer and COR/TOR a construction schedule in accordance with the requirements of AMS Clause 3.2.2.3-56 Schedules for Construction Contracts.

F.07 COORDINATION MEETINGS

Some projects may require additional meetings. If required, beginning the week after the preconstruction meeting and proceeding every week at a mutually agreeable time, the contractor must meet with the COR/TOR at a location at the WJHTC to discuss pertinent topics concerning the project. Subcontractor personnel may be required to attend.

F.08 DAILY INSPECTION REPORTS/CONTRACT DISCREPANCY REPORT

(a) Daily Inspection Reports

Pursuant to AMS Clause 3.2.2.3-66 Contractor’s Daily Log, the contractor must use CT Form 6900-3 Daily Construction Inspection Report (see Attachment 3) to document daily inspection results and submit them to the TOR daily, unless an alternate format is approved for use by the CO or TOR. Information to be reported on the forms include but is not limited to: workers by classification, the move-on and move-off of construction equipment and large vehicles, materials and equipment delivered to the site, inspections and tests performed, and the cumulative hours worked. The report must include the same information on each of the subcontractors, and the subcontractors’ information must be distinguishable from the prime contractor’s workforce.

If the inspection reports are not satisfactory or are not submitted in a timely manner, the Contracting Officer may elect to withhold monthly progress payments, in whole or in part.

(b) Contract Discrepancy Report (CDR)

CDRs must be responded to promptly, in writing, addressing the specific measures taken to correct the reported problem or deficiency. Unless unusual circumstances warrant, the contractor must provide the written response to a CDR within 48 hours to the TOR and CO.

F.09 PROGRESS REPORTING

Upon approval of the contractor’s Construction Schedule (see Clause F.06 CONSTRUCTION SCHEDULE) by the COR/TOR, this approved schedule must be utilized by the contractor for the Contract Progress Reports as outlined below. Monthly contract progress reports must be prepared and must show both the approved schedule and the contractor’s current working schedule.

In the event changes in the approved schedule of construction are required, under applicable provisions of the contract, the contractor must resubmit the construction schedule reflecting such changes to the Contracting Officer and TOR. Changes to the approved schedule that result in a Period of Performance extension require CO approval via TO modification. All other changes require written approval by the TOR.

The contractor must prepare and submit to the TOR three copies of the monthly contract progress report covering work accomplished during each month of contract performance. The monthly contract progress report must be prepared and submitted so as to be received no later than one week following the reporting period. The contractor must signify his approval of the monthly reports being submitted by affixing his signature thereto.

The monthly contract progress report must be brief and factual in every respect and must contain at least the following information:

(a) actual status versus planned status

(b) significant progress – a description of overall progress plus a separate description for each reporting category on the contract progress schedule on which effort was expended during the reporting period.

(c) corrective actions – a description of corrective action which has been taken or which is planned to correct any existing problem.

(d) plans – a description of work to be performed during the next reporting period.

(e) recommendations – specific recommendations for action on the part of the Government.

F.10 PROGRESS PHOTOGRAPHS

The contractor must photographically document site conditions prior to start of construction operations. Prior to taking photographs, the contractor must coordinate any and all construction photographs with the TOR; the TOR must be present during all photography. Along with the monthly contract progress reports, and within one month of the completion of work, the contractor must provide on a monthly basis digital photographs in JPEG file format showing the sequence and progress of work. A minimum of 16 photos per month will be required. The contractor must take the photographs of the project during regular working hours, from various locations to be selected by the TOR. The contractor must provide two sets of digital photographs, each set on a separate CD-R, cumulative of all photos to date, with each monthly contract progress report. Photographs for each month must be in a separate monthly directory and each file must be named to indicate its location on the site. All file names must include a date designator. The contractor must cross-reference photographs in the appropriate daily inspection report (See Clause F.08 DAILY INSPECTION REPORTS/CONTRACT DISCREPANCY REPORT). Photographs must be provided for unrestricted use by the Government. All photographs must only show physical work and not surrounding areas, unassociated with the work.

F.11 CLOSEOUT DOCUMENTS

(a) As-Built Drawings: The Contractor must maintain at the job site two sets of contract drawings marked to show any deviations which have been made from the contract drawings, including concealed construction which is revealed during the course of construction. These drawings must be available for review by the TOR and CO at all times. Upon completion of the work, the two marked sets of drawings must be delivered to the TOR. Requests for partial payment will not be approved if the marked drawings are not kept current, and request for final payment will not be approved until the marked drawings are delivered to the TOR.

(b) Reproducible Shop Drawings: See AMS Clause 3.2.2.3-60 Specifications, Drawings, and Material Offers

(Alternate I).

(c) Product Warranty and Operations and Maintenance (O&M) Manuals List: The contractor must furnish to the Contracting Officer and COR/TOR all warranties and O&M Manuals for equipment and products furnished under the contract, and the contractor must prepare a complete listing of such equipment and products. Digital submission is preferred. The equipment and products list must state the specification section applicable to the equipment or product, duration of the warranty, start date of the warranty, end date of the warranty, and the point of contact for fulfillment of the warranty. The warranty period must begin on the same date as project acceptance and must continue for the full product warranty period. The contractor must execute the full list and deliver to the Contracting Officer prior to final acceptance.

F.12 FINAL CLEANUP

AMS Clause 3.2.2.3-53 Cleaning Up and Roadway Maintenance applies. In addition, as part of the final cleaning process, the Contractor must remove waste and surplus materials, rubbish, and construction facilities from the site.

Do not burn, bury, or otherwise dispose of trash on the project site. Final cleanup must be accomplished within the time allotted for completion of the contract.

Section G - Contract Administration Data Clause List

3.10.1-22 CONTRACTING OFFICER'S REPRESENTATIVE (APR 2012)

3.10.1-23 CONTRACTING OFFICER'S REPRESENTATIVE-CONSTRUCTION CONTRACTS (APR

2012)

(a) The Contracting Officer may appoint other Government personnel to accomplish certain contract administration matters. While there shall be various titles and divisions of duties for these individuals, generically they are known as Contracting Officer's Representatives (CORs). The Contracting Officer will provide written notice of COR appointment(s), setting forth the authorities and limitations, to the Contractor within the BOA. Due to system issues, disregard the following: calendar days prior to the notice to proceed. COR duties may include, but are not limited to:

(1) Perform as the authorized representative of the Contracting Officer for technical matters, including interpretation of specifications and drawings, and inspection and review of work performed.

(2) Perform as the authorized representative of the Contracting Officer for administrative matters, including reviewing payments, and updated delivery schedules.

(b) These representatives are authorized to act for the Contracting Officer in all specifically delegated matters pertaining to the contract, except:

(1) contract modifications that change the contract price or cost, technical requirements or time for performance, unless delegated field change order authority;

(2) suspension or termination of the Contractor's right to proceed, either for default or for convenience;

(3) final decisions on any matters subject to appeal, e.g., disputes under the "Contract Disputes" clause; and

(4) final acceptance under the contract.

(End of clause)

G.01 DESIGNATION OF CONTRACTING OFFICER

The Contracting Officer is the only individual authorized to modify the terms and conditions of the BOA and resultant TOs. In the event the contractor performs any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made to the contract to cover any increase in price as a result thereof.

The FAA Contracting Officer assigned to this BOA is as follows:

Federal Aviation Administration Acquisitions and Grants Division Sarah McCarty William J. Hughes Technical Center Acquisitions Group, AAQ-650 Atlantic City, NJ, 08405 sarah.e.mccarty@faa.gov

The above Contracting Officer is the primary individual responsible for administration of this BOA; however, other FAA Contracting Officers may perform contract administration actions under this BOA. In addition, each TO will be assigned its own Contracting Officer. All contractor correspondence regarding the BOA and TO administration must be addressed to the cognizant Contracting Officer.

Contracting problems, of any nature, that may arise during the life of the BOA and resultant TOs must be handled in mailto:sarah.e.mccarty@faa.gov conformance with the FAA Acquisition Management System. Only the Contracting Officer is authorized to formally resolve such problems. The COR/TOR and the contractor must bring all such unresolved contractual problems to the immediate attention of the Contracting Officer.

G.02 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The CO has the overall responsibility of the BOA and resultant TOs. The CO is authorized to take actions on behalf of the Government to modify or deviate from contract terms and conditions. The CO may delegate certain other responsibilities to the COR. Work to be performed under this BOA will be subject to the technical direction of the FAA COR listed below (COR will be delegated and all information will be filled in at time of award):

Attn: TBD Federal Aviation Administration William J. Hughes Technical Center Atlantic City International Airport, NJ 08405 E-mail: tbd@faa.gov

Work to be performed under individual TOs will be subject to the technical direction of the above COR and a designated Task Order Representative (TOR) who is a COR and will be identified on each TO.

The COR has the authority to monitor the technical progress of the services that are to be performed under Task Orders. This includes visits to the place of performance, meetings and telephone conversations with the contractor personnel, acceptance or rejection of the contracted items, and other duties that may be authorized by the CO.

The COR cannot authorize or order cessation of work or delete, change, or waive any of the technical requirements or other terms and conditions of the BOA and TOs. Should the contractor desire a change (monetary or otherwise) to a Task Order, a written request must be submitted to the cognizant CO. If appropriate, the change will be incorporated via TO modification. Whenever a difference of opinion regarding contractual terms or scope of work between the contractor and the COR occurs, the contractor must notify the CO immediately.

The contractor must notify the cognizant CO immediately if there is any appearance of technical or other direction that is, or may be, outside the scope of the BOA or TO.

G.03 INTERPRETATION OR MODIFICATION

No oral statement of any person and no written statement of anyone other than the Contracting Officer must modify or otherwise affect the terms or meaning of the BOA or resultant TOs.

All requests for interpretation or modifications must be made in writing to the Contracting Officer. Contractor response to oral contract changes from any source other than the Contracting Officer is at the contractor’s own risk.

If this BOA needs to be revised prior to its expiration, it must be changed only by modifying the BOA itself and not by individual orders issued under it. However, future TOs issued after the effective date of any modification of the BOA are subject to the changes to the terms and conditions affected in the modification(s) to the BOA.

G.04 ELECTRONIC MAIL (E-MAIL) ADDRESS

The contractor must establish and maintain electronic mail (e-mail) capability along with the capability to open various electronic attachments in Microsoft, Adobe Acrobat, and other similar formats. The Contracting Officer will utilize electronic communications related to this BOA, including but not limited to contract documents, invoice information, Requests for Proposals, and other correspondence. The Contracting Officer may also use e-mail to notify the contractor of base access conditions when emergency conditions warrant, such as hurricanes, terrorist threats, etc. It is the responsibility of the contractor to notify the Contracting Officer, in writing, of any changes to the primary and alternate POCs. Within 10 calendar days of a change to the primary or alternate POC, the contractor must provide the Contracting Officer updated POC information, including name, title, phone number, and email address. It is the contractor's responsibility to make timely distribution of all Contracting Officer initiated e-mail within its own organization, including field office(s) and appropriate subcontractors.

mailto:tbd@faa.gov

G.05 TASK ORDER AWARD PROCESS

Based on project-specific scopes of work, projects under the QVL will be solicited under one or more QVL categories. Selection of vendors to participate in a competition will be among the vendors that qualified for each applicable QVL category; however, as explained below, the CO may limit the competition for a particular TO to a subset of vendors within a QVL category. It is the FAA’s intent for projects awarded under the QVL with an estimated value up to $250,000 to be set-aside competitively for Small Disadvantaged Businesses (SDBs). However, when appropriate, in accordance with the AMS, COs may competitively or noncompetitively award individual procurements in accordance with AMS dollar thresholds to Small Businesses, Socially and Economically Disadvantaged Business (SEDB) 8(a)s, Service-Disabled Veteran-Owned Small Businesses (SDVOSB), Historically Underutilized Business Zone (HUBZone) Small Businesses, Women-Owned Small Businesses (WOSB), and/or Economically Disadvantaged Women-Owned Small Businesses (EDWOSB).

In accordance with AMS Guidance, the CO may limit the competition to a subset of vendors within a QVL category, if it is determined to be in the best interest of the FAA and such best interest determination will be documented by the CO. An example of a rational basis is limiting competition to vendors who responded to previous TO RFPs for similar work.

Each project will be assigned a CO, Contracting Officer’s Representative (COR), and Task Order Representative (TOR). The CO will send a TO Request for Proposal (RFP) and all drawings, specifications, and other relevant documents to vendors under the applicable QVL category. The Government reserves the right to require additional prequalification criteria related to the prime and/or subcontractors in order to prequalify vendors prior to issuance of the TO RFP.

Proposals that are submitted after the RFP closing date and time, are incomplete, or do not comply with the terms of the SIR may not be evaluated at the CO’s discretion.

The CO will evaluate proposed pricing for mathematical accuracy and price reasonableness. It is anticipated that price analysis will be based on adequate price competition; therefore, vendors will not be required to submit certified cost or pricing data. However, in the event that adequate price competition does not exist after receipt of proposals, the Government reserves the right to request cost or pricing data and may conduct negotiations with vendors in order to ensure a fair and reasonable price. Further, at CO discretion, vendors may be required to provide a Certificate of Current Cost or Pricing Data prior to award.

The Government reserves the right to evaluate price proposals for realism. Unrealistically low proposed prices may be grounds for eliminating a proposal from competition either on the basis that the Offeror does not understand the requirement or has submitted an unrealistic proposal.

The Government reserves the right to conduct communications. The decision to conduct communications is at the sole discretion of the Contracting Officer. Communications with one Offeror does not necessitate communications with all Offerors. The Government may conduct communications with vendors where pricing seems abnormally low or high to ensure they understood the project.

The Government reserves the right to waive minor irregularities and discrepancies in offers received and to make an award based on initial offers submitted without communications.

The basis for award for projects competed under the QVL is that TO award will be made to the responsible, responsive vendor who attends the mandatory site visit and submits the lowest-priced proposal conforming to all requirements of the TO RFP. The TO RFP may contain additional and/or more specific TO award criteria.

While it is the intent of the FAA to compete (as described above) future requirements for the services covered under this QVL among the QVL vendors, the FAA reserves the right to award a contract outside of the QVL if the Contracting Officer determines that to do so would be in the best interest of the Government.

G.06 TASK ORDER PROPOSAL CLERICAL MISTAKES

(a) The CO will review all TO proposals for clerical mistakes. If the CO believes a clerical mistake may have been made, the CO will identify the suspected mistake and request a verification of the intended/corrected offer from the contractor. The contractor may choose to withdraw or revise their proposal or to provide supporting rationale that demonstrates there is no mistake in the proposal.

(b) Actions to correct proposal mistakes must be taken before TO award. The contractor is not entitled to an equitable adjustment for mistakes identified after TO award.

(c) Notwithstanding the above, it is not the Government’s responsibility to identify and correct contractor mistakes.

It is the contractor’s responsibility to submit error-free, accurate proposals and to identify any mistakes to the CO prior to TO award. In the case of a contractor-identified proposal mistake, the contractor may choose to withdraw or revise their proposal. Revised proposals may result in vendors no longer having the lowest priced offer.

(d) Only responsive, compliant offers may be corrected. Mistakes in offers may not be corrected for the purpose of making offers responsive. Examples of mistakes that may be corrected are misplacement of decimal point or incorrect proposal sum/total offer.

G.07 TASK ORDER PERFORMANCE EVALUATION

(a) Performance will be assessed on a project-specific basis. The FAA may evaluate past performance on each Task Order using Contractor Performance Assessment Reporting System (CPARS) in accordance with AMS Clause 3.10.1-26, when applicable. The FAA may evaluate TOs in the following areas where CPARS does not apply; see Attachment 5:

(1) Quality

(2) Schedule

(3) Management

(4) Regulatory Compliance

(b) The FAA will provide the contractor a copy of all negative TO past performance evaluations (i.e., Marginal or Unsatisfactory ratings), and the contractor will be provided an opportunity to respond. The contractor may provide comments on the evaluation within 30 calendar days after the evaluation is provided to the contractor. The evaluation will be final if no response is received within 30 days after the evaluation has been provided to the contractor. The CO is the final arbiter when there is disagreement between the Government and the contractor.

(c) The FAA’s TO Performance Evaluation findings are not subject to AMS Clause 3.9.1-1 Contract Disputes.

G.08 INVOICING PROCEDURES

(a) The Contractor must submit a properly executed invoice in accordance with AMS Clause 3.3.1-40 Electronic Submission of Payment Requests.

(b) The Contractor may email a courtesy copy of the invoice to the COR, TOR, and CO.

(c) Certification of the invoice will be based on COR and Contracting Officer (CO) review. Should any cost reflected on submitted invoices be questioned, the CO may withhold all amounts in question until such time as the CO determines the costs are valid. In addition, the CO must withhold funds in accordance with applicable clauses.

G.09 CONTRACT COMPLETION/CLOSEOUT

In accordance with AMS T3.8.7, final invoice payment will not be paid until the contractor furnishes the applicable information:

(a) Receipt of all required warranty documentation;

(b) Return of issued ID media (Badges, etc);

(c) Receipt of any state tax exemption certificates or completion statements as required from the contractor;

(d) Certification that all government property has either been utilized in the performance of the contract or returned to the FAA;

(e) Confirmation from the requiring organization that the job has been completed as contracted;

(f) Receipt of any other applicable items required from the contractor that are unique to the procurement; and

(g) Receipt of a final release of claims on file signed by the contractor for the final amount of the contract.

The FAA will perform closeout procedures on an individual Task Order basis. The contractor agrees to perform those internal functions necessary to support this process in a timely manner.

G.10 QVL REOPENER / NEW BOA AWARDS

(a) After initiation of this QVL, the FAA may reopen the QVL qualification process to allow additional vendors an opportunity to be added to this Construction QVL. The QVL may be reopened on a continuous open announcement basis or it may be reopened on an annual or biennial (i.e., every 2 years) basis. In addition, the FAA reserves the right to only open certain QVL categories and to add QVL categories if it is in the FAA’s best interest. Companies whose original proposals were not considered qualified will be allowed to submit proposals during the QVL reopener. Additionally, a BOA holder who is interested in qualifying for other QVL categories not already qualified for may submit proposals during the QVL reopener.

(b) The FAA does not intend to make new BOA awards under the QVL in the 4th quarter of any fiscal year (July – September).

(c) The FAA reserves the right to temporarily close the QVL to new proposals if in the best interest of the FAA. The FAA also reserves the right to permanently close the QVL to new proposals in the final year of the QVL.

(d) The FAA intends to complete evaluation of proposals within approximately 4 months. However, as proposals do not include pricing information and awarded BOAs are only terms and conditions, there is no proposal validity period.

(e) At any time throughout the QVL, an amended QVL SIR may be posted in SAM to update the SIR in accordance with the latest AMS policy or for any other reasons deemed necessary by the CO. Vendors interested in re-qualification or qualifying for new QVL categories not already qualified for are responsible for monitoring SAM for the most recent QVL SIR.

(f) The Government reserves the right to add or remove QVL categories in order to best meet the FAA’s continuing need for recurring WJHTC construction services.

G.11 WITHDRAWAL

The vendor may request to withdraw from the QVL at any time by submitting a written request to the CO. The contractor must continue performance on all awarded TOs prior to CO removing the vendor from the QVL.

G.12 CANCELATION

If determined to be in the best interest of the FAA, the QVL may be canceled at any time by written notice to the vendors on the QVL.

G.13 QVL REVIEW/UPDATE

The QVL will be reviewed at least biennially (i.e., every 2 years), based on the date of initiation of this QVL.

(a) BOA terms and conditions will be reviewed and may be updated based on changes to the FAA’s AMS.

(b) Existing QVL vendors may be asked to confirm in writing their continued interest in remaining on the QVL. A non-response may be viewed as lack of interest in continued participation on the QVL and result in removal from the QVL.

(c) The SBA’s list of eligible NAICS codes for Women-Owned Small Business (WOSB) and Economically

Disadvantaged Women-Owned Small Business (EDWOSB) concerns was updated May 2021 and is updated by the SBA every 5 years. The SBA’s updated list of eligible NAICS codes for WOSBs and EDWOSBs will be reviewed as part of the QVL review, and the QVL categories eligible for WOSB and EDWOSB set-asides will be revised as needed.

G.14 QVL DISQUALIFICATION

The FAA may disqualify and remove a vendor from the QVL for, including but not limited to, the following reasons:

(a) Repeated failure to respond to RFPs

(b) Failure to comply with the self-performance percentage (see Clause H.20 SELF-PERFORMANCE)

(c) Two negative Task Order Performance Evaluations (See Clause G.07 TASK ORDER PERFORMANCE

EVALUATION)

(d) Contractor is no longer a Small Business (see Clause G.15 RE-REPRESENTATION / RECERTIFICATION /

REQUALIFICATION)

(e) Contractor is debarred, suspended, or proposed for debarment

(f) Contractor no longer possesses current New Jersey state Licenses and current trade-specific certifications for each QVL category qualified for as required by Section J, Attachment 1, Statement of Work. (see Clause G.15 RE-

REPRESENTATION / RECERTIFICATION / REQUALIFICATION)

(g) Termination for Default on any Task Order issued under this BOA

The FAA will provide the vendor a Notice of Disqualification, including the reason for disqualification. Disqualified vendors may submit to the CO a plan of corrective actions to mitigate the reason for disqualification. Upon review and at the CO’s discretion, the CO may invite disqualified vendors to submit re-qualification proposals under Clause

G.10 QVL REOPENER / NEW BOA AWARDS.

G.15 RE-REPRESENTATION / RECERTIFICATION / REQUALIFICATION

(a) Small Business

(1) AMS Clause 3.6.1-15 Post-Award Small Business Program Re-representation applies at the BOA level. If a contractor re-represents as other than a Small Business, the contractor will be removed from the QVL and ineligible to compete for TOs, but must complete performance on all awarded TOs.

(b) Licenses and Certifications

(1) Five years after BOA award, the contractor must provide the Contracting Officer supporting documentation to recertify that they continue to possess current New Jersey state Licenses and current trade-specific certifications for each QVL category qualified for as required by Section J, Attachment 1, Statement of Work.

(2) For the duration of the QVL, vendors must possess current New Jersey state Licenses and current trade-specific certifications for each QVL category qualified for as required by Section J, Attachment 1, Statement of Work. Prior to the five-year re-certification period and for the duration of the QVL, it is the contractor’s responsibility to notify the CO and COR, in writing, of any personnel changes that affect the license and/or certification holders provided in their proposal. Within 10 calendar days of a change to license and/or certification holders, the contractor must provide the CO and COR supporting documentation that they continue to possess current New Jersey state Licenses and current trade-specific certifications for each QVL category qualified for as required by Section J, Attachment 1, Statement of Work. The FAA reserves the right to ask vendors at any time to provide supporting documentation of compliance with license and certification requirements.

(c) If at any time, a vendor on an established QVL has performance difficulties, changes ownership, or otherwise becomes less than highly qualified, the CO may request that the vendor requalify by submitting qualification information again. A notification to the vendor of the reasons it is being required to requalify will be sent out.

Failure by the vendor to resubmit the information requested by the CO, in the timeframe allotted, may result in the vendor being disqualified from the QVL and ineligible for future TO awards under the QVL.

Section H - Special Contract Requirements Clause List

3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2020)

(a) The Electronic Signatures in Global and National Commerce Act (E-SIGN) establishes a legal equivalence between:

(1) Contracts written on paper and contracts in electronic form;

(2) Pen-and-ink signatures and electronic signatures; and

(3) Other legally-required written records and the same information in electronic form.

(b) With the submission of an offer, the offeror acknowledges and accepts the utilization of electronic commerce as part of the requirements of this solicitation and the resultant contract.

(c) Certain documents may need to be provided or maintained in original form, such as large-scale drawings impractical to convert to electronic format or a document with a raised seal signifying authenticity. This clause does not change or affect any other requirements that a document must be in paper format to satisfy legal requirements such as for certain real estate transactions.

(d) The use of electronic signature technology is authorized under this solicitation and the resulting contract.

(e) Contractors must not digitally sign any documents with software that uses the Secure Hash Algorithm 1 (SHA- 1). All digitally signed documents and contracts sent to the FAA must use a SHA-256 or higher hash algorithm. This is based on the National Institute of Standards and Technology (NIST) Policy Statement on Hash Functions dated August 5, 2015. Further guidance on the use of SHA-256 is in NIST Special Publication (SP) 800-57 Part 1, section

5.6.2 as amended and SP 800-131A, Revision 1 dated November 6, 2015. Additional guidance on the use of SHA-3 is in NIST SP 800-185 as amended.

(f) Contractors do not have to update documents previously digitally signed using SHA-1 hash algorithms unless the document requires updating. The FAA and contractors may continue to use SHA-1 for the following applications:

Verifying old digital signatures and time stamps, generating and verifying hash-based message authentication codes (HMACs), key derivation functions (KDFs), and random bit/number generation.

(End of Clause)

3.2.5-7 DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JAN 2022)

(a) Definitions.

(1) "The Act," as used in this clause, means section 1352, title 31, United States Code.

(2) "Agency," as used in this clause, means executive agency, within the meaning of 5 U.S.C. 101, 102, and 104(I), and any wholly owned Government corporation within the meaning of 31 U.S.C. 9101.

(3) "Covered Federal action," as used in this clause, means any of the following Federal actions:

(i) The awarding of any Federal contract.

(ii) The making of any Federal grant.

(iii) The making of any Federal loan.

(iv) The entering into of any cooperative agreement.

(v) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(4) "Indian tribe" and "tribal organization," as used in this clause, have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304) and include Alaskan Natives.

(5) "Influencing or attempting to influence," as used in this clause, means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

(6) "Local government," as used in this clause, means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group…