697DCK-25-R-00378_FINAL.pdf

SOLICITATION, OFFER

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED BID (RFP)

ES-25-00476

FEDERAL AVIATION ADMINISTRATION

AAQ-500 - REGIONAL ACQUISITIONS

1200 DISTRICT AVENUE

BURLINGTON MA 01803

AAQ510BOS-AFN

Robert Higgins 781-238-7670 x

07/14/2025 94

PURCHASE REQUEST NO.

697DCK-25-R-00378

10. THE CONTRACT AUTHORITY REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Provide all labor, materials, and equipment necessary for the

Design-Build/Construction of a new RDGT ATCT project at Reading, PA.

This is a negotiated procurement that will result in a firm fixed price, one job lump sum contract, which will be awarded to a single offeror. The estimated price range for this procurement is: $50,000,000.00 - $55,000,000.00.

IN ORDER TO DO BUSINESS WITH THE FEDERAL GOVERNMENT YOU MUST BE REGISTERED IN THE

SYSTEM FOR AWARD MANAGEMENT (SAM). SEE CLAUSE 3.3.1-33 “SYSTEM FOR AWARD

MANAGEMENT”: (JAN 2024).

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM SIZE STANDARDS (NAICS) 236220 BUILDING

CONSTRUCTION. The small business size standard is: Annual average receipts for the firms last three fiscal years can’t exceed $45 Million.

The FAA, as the Federal Government, is tax exempt. The awarded contractor will be responsible for any/all applicable local, state, and/or federal taxes.

11. The Contractor shall begin performance within

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award notice to proceed. The performance period is mandatory, negotiable. (See ________________________________________________ .)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and is not required.is, B. An offer guarantee

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers must be publicly opened at that time . Sealed envelopes containing offers shall be marked to show the offeror's name and address. The solicitation number, and the date and time offers are due.

D. Offers providing less than

12B. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in item 12B.)

10 930 calendar days and complete it within ________________ ________________ calendar days after receiving

08/14/2025 x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Contract Authority acceptance after the date offers are due will not be considered and will _________________ be rejected.

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Contract Authority in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13D. Failure to insert any number means the offeror accepts the minimum in item 13D.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (MUST BE FULLY COMPLETED BY OFFEROR)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Contract Authority)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Contract Authority solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE 30C. DATE 31B. CONTRACT AUTHORITY 31C. AWARD DATE

BY

2PAGE OF

FEDERAL AVIATION ADMINISTRATION

AAQ-500 - REGIONAL ACQUISITIONS

1200 DISTRICT AVENUE

BURLINGTON MA 01803

AAQ510BOS-AFN

Susan J. Newcomb

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.)

Continued...

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 94

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

697DCK-25-R-00378

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

Buyer: Annette McKinney

00001 Design and Construction of an ATCT Building for a

New Airport Traffic Control Tower Facility at

Reading Regional Airport in Reading, PA.

Electronic & IT: 03

FOB: Destination

00002 Design and Construct a New Asphalt Road for a New

ATCT Facility at Reading Regional Airport in

Reading, PA.

Electronic & IT: 03

FOB: Destination

00003 Design and Construct chain link fence for a New

ATCT Facility at Reading Regional Airport in

Reading, PA.

Electronic & IT: 03

FOB: Destination

00004 Design and Construct Sidewalks for a New ATCT

Facility at Reading Regional Airport in Reading, PA.

Electronic & IT: 03

FOB: Destination

00005 Design and Construct an Asphalt Parking Lot for a

New ATCT Facility at Reading Regional Airport in

Reading, PA.

Electronic & IT: 03

FOB: Destination

00006 Design and Install Power Equipment/Switchgear for a New ATCT Facility at Reading Regional Airport in Reading, PA.

Electronic & IT: 03

FOB: Destination

00007 Design and Install Engine Generator for a New

ATCT Facility at Reading Regional Airport in

Continued ...

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 94

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

697DCK-25-R-00378

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

Reading, PA.

Electronic & IT: 03

FOB: Destination

00008 Design and Install a New PCS/UPS for a New ATCT

Facility at Reading Regional Airport in Reading, PA.

Electronic & IT: 03

FOB: Destination

Buyer: Annette McKinney

00009 Design and Install Security and Fire Alarm System

(SFAS) for a New ATCT Facility at Reading

Regional Airport in Reading, PA.

Electronic & IT: 03

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

B.1 GENERAL

Contractor shall furnish all labor, materials, services, equipment, insurance, security notifications, licenses, permits, and fees in accordance with applicable Federal, State, and local regulatory requirements to Desing- Build/Construct a new RDG Airport Traffic Control Tower (ATCT) facility at Reading, PA. All work shall be in accordance with the specifications, scope work, drawings, contract clauses, and wage rates, as described in this Solicitation.

This is a competitive 2 Phase negotiated procurement, available on a Full & Open, competitive basis. Resultant contract award will result in a firm fixed price, one job lump sum contract, which will be awarded to a single contractor. This SIR Step 1 will pre-qualify (down-select) prospective offerors in accordance with Sections L and M below. The awarded Prime Contractor will be responsible for all items of work identified in the attached FAA Specifications and all other attachments as will be described in Section J, of the Solicitation (RFO) Step 2.

B.2 STIPEND

Concept Stipend - The Government intends to award a $150,000 stipend to each of the unsuccessful, pre-qualified offerors that have participated in Phase II of the solicitation process, that submitted completely responsive and technically acceptable proposals, but ultimately were not awarded the resultant contract.

B.3 NORTH AMERICAN INDUSTRY CLASSIFICATION CODE

The North American Industry Classification System (NAICS) code applicable for the predominant overall effort is 236220, Commercial and Institutional Building Construction. The size standard exception under this code for $45M.

B.4 CONTRACT TERM

Contract Period of Performance (PoP) will be 930 calendar days after effective date of the Notice to proceed (NTP). This calendar day period of performance was calculated having already taken into account any known Moratoriums (as detailed in SA35) and/or Federal Holidays (as detailed in SA13). As such, the awarded Prime Contractor will be responsible to take these into account on any subsequent schedule submission(s). The FAA also has taken into account 40 hour weeks, as that's the only guarantee of coverage we can validate. Any additional time may be considered, and/or granted by the FAA, but cannot be assumed in developing any schedules.

B.5 SCHEDULE OF VALUES (SOV)

After award, an SOV (Schedule of Values – cost loaded schedule with milestones, used to evaluate all submitted Pay Applications) must ultimately be approved by an FAA COR/RE, and will be required to be updated with any/all subsequent Pay Applications/Invoices submitted during the duration of the performance of any resultant Award.

B.6 REQUEST FOR CLARIFICATIONS/RFI's Any offeror proposing on this project desiring an interpretation or clarification of the SOW, contract terms and/or conditions, must make their written request by e-mail to Robert.Higgins@faa.gov, on or before 5:00PM (ET) on Monday, 7/21/25. Telephone questions will not be accepted, nor any directed to anyone other than myself. The requestor (potential Prime Contractor, not a subcontractor or supplier) shall provide a company name, point-of -contact name, address and telephone number, as well as a return e-mail address.

The Contracting Officer is the only person authorized to issue clarifications, interpretations, and/or changes to this solicitation. Any offeror proposing an alternative material/equipment, they must call it out in their proposal package, and this must be in accordance with the Brand Name or Equal clause as set forth in L.3.

Your complete and signed proposal must be emailed to me at Robert.higgins@faa.gov, PDF is preferable, and the responsibility on it reaching me and its being legible falls on the offeror.

Clause List

The remainder of this page has been intentionally left blank.

Section C - Description/Specifications Scope of Work

All work is to be performed in accordance with the Attachments set forth in Section J of this Solicitation.

Due to their file sizes (as they are too large to transmit via email) interested offeror's will have to email me (robert.higgins@faa.gov) to request access to the KSN Site to download all Section J Attachments. Please provide name, phone #, and email address for this KSN P.O.C. (limit one KSN P.O.C. per perspective offeror).

Clause List

Section D - Packaging and Marking Clause List

N/A

Not Used

Section E - Inspection and Acceptance Clause List

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:

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

(End of clause)

3.10.4-11 INSPECTION - DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS

(APR 1996)

3.10.4-10 INSPECTION OF CONSTRUCTION (SEP 2009)

(a) 'Work' includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer.

The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless the Government determines that it is in the public interest to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may:

(1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or

(2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(j) In the absence of any formal disputes, a project will be deemed physically and financially complete within one year after final acceptance and excess funds will be deobligated at that time.

(End of clause)

Section F - Deliveries or Performance Clause List

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:

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

(End of clause)

3.10.1-24 NOTICE OF DELAY (MAR 2009)

3.8.2-22 SUBSTITUTION OR ADDITION OF PERSONNEL (OCT 2006)

(1) The Contractor must assign only those individuals whose resumes, personnel data, or personnel qualification statements have been submitted and determined by the Contracting Officer to meet the minimum requirements of the contract. The Contractor must not substitute or add personnel except in accordance with this clause.

(2) Substitution of Personnel.

(a) For the first 60 days of contract performance, the Contractor must not substitute personnel for the individuals whose resumes or other personal qualification were submitted with its offer and that were determined by the Contracting Officer to be acceptable at the time of contract award, unless such substitutions are because of an individual's sudden illness, death, or termination of employment. In any of these events, the Contractor must promptly notify the Contracting Officer and propose substitute personnel as required by paragraph (4) below.

(b) If an individual becomes, for whatever reason, unavailable for work under the contract for a continuous period exceeding thirty (30) working days, or is expected to devote substantially less effort to the planned work, the Contractor must propose a substitute personnel as required by paragraph (4) below.

(3) Addition of Personnel. If an FAA requirement will increase the specified level of effort for a designated labor category, but not the overall level of effort of the contract, then the Contractor must notify the Contracting Officer to add personnel to the designated labor category. The Contractor must request added personnel as required by paragraph (4) below.

(4) Request and Review. The Contractor must submit the request for substitute or added personnel in writing to the Contracting Officer at least 60 days (if a security clearance must be obtained, at least 60 days) before the proposed date of substitution or addition. The Contractor's request must provide a detailed explanation of the circumstances causing the proposed substitution or addition, a complete resume for the proposed substitute or added personnel, and any additional information required by the Contracting Officer. Proposed substitutes and added personnel must have qualifications equal to or higher than those stated in the contract for the labor category. The Contracting Officer will evaluate the Contractor's request and promptly notify the Contractor of the decision to accept or reject the qualifications of the substitute or added personnel.

(5) The Contracting Officer may terminate the contract if the Contractor has not made suitable, timely, and reasonably forthcoming replacement of personnel who have been reassigned or terminated or otherwise become unavailable to work under the contract or the resulting loss of productive effort would impair the successful completion of the contract. Alternatively, if the Contracting Officer finds the Contractor to be at fault for the condition, then the Contracting Officer may equitably adjust (downward) the contract price or fixed fee to compensate the Government for any delay, loss or damage as a result of the Contractor's action.

SA13 HOLIDAYS

The following Federal holidays are observed by the Federal Aviation Administration.

New Year's Day January 1st

Martin Luther King's Birthday Third Monday in January

Presidents Day Third Monday in February

Memorial Day Last Monday in May

Juneteeth June 19th

Independence Day July 4th

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11th

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25th

SA35 FAA HOLIDAY MORATORIUM

Maintenance Moratorium Program NAS Security and Enterprise Operations manages the Maintenance Moratorium program to ensure a stable NAS during peak travel times and special events. A maintenance moratorium may be local or national in scope.

Local maintenance moratoria are used to manage NAS activities for localized events such as the Olympics, Super Bowl, air shows and political conventions. These moratoria are managed by the Service Area with Tactical Operations Programs assistance. Scheduled maintenance tasks are restricted during a moratorium period to ensure Technical Operations maintenance activities do not impact the National Airspace System (NAS). Facility restoration and certification activities continue, and other work is allowed with an approved waiver. National moratoria are imposed annually during peak holiday travel times, and when deemed necessary by senior Technical Operations management.

Maintenance moratoria are communicated to specialists via a National Maintenance Alert, which contains all of the pertinent information about an individual moratorium.

National Moratorium Events A holiday maintenance moratorium is imposed annually by Technical Operations during the peak holiday travel periods, and as such no work shall be scheduled or take place during any FAA Moratoriums. Known Moratoriums are listed as follows:

Calendar Year 2025 Memorial Day - May 22, 2025 @ 0000Z to May 27, 2025 @ 0800Z Independence Day - July 2, 2025 @ 0000Z to July 7, 2025 @ 0800Z Labor Day - August 28, 2025 @ 0000Z to September 2, 2025 @ 0800Z Thanksgiving - November 22, 2025 @ 0000Z to December 1, 2025 @ 0800Z Christmas/New Year - December 20, 2025 @ 0000Z to January 5, 2026 @ 0800Z

Calendar Year 2026 Memorial Day - May 21, 2026 @ 0000Z to May 26, 2026 @ 0800Z Independence Day - July 1, 2026 @ 0000Z to July 6, 2026 @ 0800Z Labor Day - September 3, 2026 @ 0000Z to September 8, 2026 @ 0800Z Thanksgiving - November 21, 2026 @ 0000Z to November 30, 2026 @ 0800Z

Christmas/New Year - December 19, 2026 @ 0000Z to January 4, 2027 @ 0800Z

*Any future recurring of these listed Holiday Moratoriums can be expected to be scheduled similarly.

Local Moratorium Events The dates, times, and affected facilities for local moratorium events are determined at the district level in consultation with local Air Traffic and aren't know at this time. these will have to be addressed on a case-by-case basis, if realized.

Contract Period of Performance (PoP) will be 930 calendar days after effective date of the Notice to proceed (NTP). This calendar day period of performance was calculated having already taken into account any known Moratoriums (as detailed in SA35) and/or Federal Holidays (as detailed in SA13). As such, the awarded Prime Contractor will be responsible to take these into account on any subsequent schedule submission(s). The FAA also has taken into account 40 hour weeks, as that's the only guarantee of coverage we can validate. Any additional time may be considered, and/or granted by the FAA, but cannot be assumed in developing any schedules.

(End of Clause)

Section G - Contract Administration Data Clause List

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 1 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)

SA14 AUTHORITY OF THE GOVERNMENT

No one other than the Contracting Officer has the authority to authorize or make changes in the terms, conditions, change the scope of work or specifications in the contract, make any commitments or otherwise obligate the Government, or authorize any changes which affect the contract price, delivery schedule, period of performance, or other terms and conditions of the contract.

SA38 SUBCONTRACT ACKNOWLEDGMENT

Within 15 days after contract award of any tier subcontract for performance or work at the construction site, the contractor shall deliver to the Contracting Officer an executed SF 1413, Statement and Acknowledgment form by which the contractor and the subcontractor acknowledge that the labor standards clauses of this contract have been included in the subcontract and in any lower tier subcontract awarded for work under this contract [also reference contract clause 3.6.2-22 Subcontracts (Labor Standards)]. The contractor may request this form from the Contracting Officer. Nothing contained in this contract shall create any contractual relation between a subcontractor and the Government.

(End of Clause)

G.1 WORK FOR HIRE

Work for Hire defined as a work prepared by an employee within the scope of this contract. The contractor expressly acknowledges and agrees that any all proprietary materials prepared under this contract shall be considered “works for hire” and the exclusive property of the Federal Aviation Administration unless otherwise specified.

G.2 PAYMENT

The Contractor must submit an application for payment monthly, or at more frequent intervals if determined by the FAA CO or COR. The applications for payment must be broken down to include a schedule of values (SOV). This SOV must be approved by an FAA Delegated COR (or RE/Resident Engineer, if a COR has yet to be delegated by the CO). These payment application/invoice submissions must be in accordance with the electronic submissions procedures as governed by Clause 3.3.1-40 (Oct 2024).

Also, in accordance with Clause 3.3.1-2 entitled "Payments under Fixed Price Construction Contracts" (Oct 2024), any applications for payment submitted require the certification stated in paragraph (c) of this referenced clause.

Requests for payment that do not contain the required certification may not be processed for payment

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)

3.8.2-17 KEY PERSONNEL AND FACILITIES (JUL 2019)

(a) The personnel and/or facilities as specified below are considered essential to the work being performed hereunder and may, with the consent of the contracting parties, be changed from time to time during the course of the contract.

(b) Prior to removing, replacing, or diverting any of the specified personnel and/or facilities, the Contractor must notify in writing, and receive consent from, the Contracting Officer reasonably in advance of the action and must submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract.

(c) No diversion will be made by the Contractor without the written consent of the Contracting Officer.

(d) The key personnel and/or facilities under this contract are:

(List key personnel and/or facilities)

(End of clause)

SA17 STATE REGULATION OF FEDERAL CONSTRUCTION PROJECTS

FAA contractors may encounter requests from State and local governments for the FAA's contractors to obtain building permits, zoning approval, sanitation approval, etc. Based on the 'Supremacy Clause' set forth in Article 6 of the United States Constitution, construction contractors may not be required to obtain permits or approvals from State and local governments for work done under government contracts on government projects. However, State and local governments do have enforcement authority for safety and environmental protection as specified by the Occupational Safety and Health Administration (OSHA), the Comprehensive Environmental Response, compensation and Liability (Superfund) Act (CERCLA), and the Resource Conservation and Recovery Act

(RCRA).

Contractors who encounter attempts by State or local government entities to assess various types of fees, permits or approvals are advised to inform the Contracting Officer immediately if the assessing entity attempts in any way to prevent or hinder the contractor at the job site.

(End of Clause)

H.1 WAGE RATE DETERMINATION

In accordance with Clause No. 3.6.2-18 entitled "Davis- Bacon Act", for any laborer or mechanic that is employed in a classification that is not listed in the following wage determination, after contract award the contractor is required to submit to the Contracting Officer, Standard Form 1444, Request for Authorization of Additional Classification and Rate. The request shall contact the proposed additional classification and minimum wage rate including any fringe benefit payments.

The applicable Wage Determination are U.S. Department of Labor General Decision PA20250076, dated 3/21/2025 (Berks County - PA) and U.S. Department of Labor General Decision 2015-4237, Revision 32, dated 5/15/2025 (Berks County - PA) attached hereto, and made a part thereof.

Exemption for Professional Employees Under the Fair Labor Standards Act (FLSA) - exemption as a bona fide professional employee are as follows for this RFO: Fields of science or learning include law, medicine, theology, accounting, actuarial computation, engineering, architecture, teaching, various types of physical, chemical and biological sciences, pharmacy and other occupations that have a recognized professional status and are distinguishable from the mechanical arts or skilled trades where the knowledge could be of a fairly advanced type, but is not in a field of science or learning.

H.2 DESIGN-BUILD CONSTRUCTION CONTRACTS (APR 2025)

a. Design-Build Contract Order of Precedence. The contract includes the standard contract clauses and schedules current at the time of contract award. It entails (1) the Solicitation in its entirety, including all drawings, cuts, and illustrations, and any amendments, and (2) the successful offeror’s accepted proposal. The contract constitutes and defines the entire agreement between the Contractor and the Government. The Contractor shall furnish design products consistent with the date of the execution of the Design-Build Contract, as modified with the FAA’s written consent after that date.

1. In the event of conflict or inconsistency between any portion of this contract, precedence shall be given in the following order:

i. Betterments: Any portions of the accepted proposal that both conform to and exceed the requirements of the Solicitation.

ii. The requirements of the Solicitation, which shall describe the character, scope, relationships, forms, size and appearance of the Project, materials and systems and, in general, their quality levels, performance standards, requirements or criteria and major equipment layouts. The Solicitation shall also include all other expectations of the Design-Build Contractor.

iii. All other elements of the accepted proposal.

iv. Any design products including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are "deliverables" under the contract and are not part of the contract itself. Design products must conform to all provisions of the contract, in the order of precedence herein.

b. Inconsistencies in Documentation. In the event of any inconsistency between, among, or within any of the contractual documents not clarified by an Addendum, the Contractor shall perform the Work in accordance with the FAA’s interpretations.

c. Contractor’s Duty to Inspect. In preparation of its proposal, the Contractor warrants that it has carefully studied and compared the Design-Build documents, materials, and other information provided by the FAA. It has taken field measurements of existing conditions related to the Work, and observed conditions at the site affecting the Work, and reported promptly to the Owner any errors, inconsistencies or omissions discovered. The Contractor has resolved errors, inconsistencies, or omissions to the FAA’s reasonable satisfaction before preparing its proposal.

d. Agreements between Contractor and its Architects or other design professionals. All contracts and sub-contracts made in connection with this Contract shall be in writing. These agreements, including services and financial arrangements with respect to this Project, shall be promptly and fully disclosed to the FAA upon written request.

e. Responsibility of the Contractor for Design. The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other non-construction services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiency in its designs, drawings, specifications, and other non-construction services and perform any necessary rework or modifications, including any damage to real or personal property, resulting from the design error or omission.

1. The standard of care for all design services performed under this agreement shall be the care and skill ordinarily used by members of the architectural or engineering professions practicing under similar conditions at the same time and locality. Notwithstanding the above, in the event that the contract specifies that portions of the Work be performed in accordance with a performance standard, the design services shall be performed so as to achieve such standards.

2. The Contractor shall be responsible to the FAA for acts and omissions of its employees, Architects, Contractors, Subcontractors, and their agents and employees performing any portion of the Contractor’s obligations under this Design-Build Contract.

f. FAA’s Right to Review. The FAA may review the Contractor’s documents and submittals, including but not limited to design and construction documents, required by the Design-Build Contract, and provide comments concerning corrections or amendments to such documents and submittals. The FAA’s review of such documents is for its own benefit.

1. Neither the Government's review, approval or acceptance of, nor payment for, the services required under this contract, shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor's negligent performance of any of these services furnished under this contract.

2. The FAA may reject Work that does not conform to the Design-Build Contract. In addition, the FAA may exercise its rights under AMS clause 3.10.4-10, Inspection of Construction to determine whether Work under this Contract is fabricated, installed, or completed in accordance with the contract.

3. The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

4. If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.

g. Contractor's Role during the Design Process. The Contractor's construction management key personnel shall be actively involved during the design process to effectively integrate the design and construction requirements of this contract. In addition to the typically required construction activities, the Contractor's involvement includes but is not limited to actions such as: integrating the design schedule into the Master Schedule to maximize the effectiveness of fast-tracking design and construction (within the limits allowed in the contract), ensuring constructability and economy of the design, integrating the shop drawing and installation drawing process into the design, executing the material and equipment acquisition programs to meet critical schedules, effectively interfacing the design and construction quality control (QC) management programs with the design QC program, and maintaining and providing the design team with accurate, up-to-date redline and as-built documentation for eventual submission as Record Drawings.. The Contractor shall require and manage the active involvement of key trade subcontractors in the above activities.

h. Deviating from the Accepted Design. The Contractor must obtain the approval of the Designer of Record and the Government's concurrence, in the form of supplemental agreement to the contract, for any Contractor-proposed revision to the professionally stamped and sealed and Government-reviewed final design that has been released for Construction before proceeding with the revision. The Government reserves the right to disapprove of such a revision.

1. The Government reserves the right to non-concur with any revision to the final design that has been released for construction, including those that may impact furniture, furnishings, equipment selections, or operations decisions that were made, based on the reviewed design.

2. Any Contractor-proposed revision to the design which deviates from the contract requirements (i.e., the Request for Proposal (RFP) and the accepted proposal), will require a bilateral modification (e.g. supplemental agreement) to the contract before any work commences.

i. Value Engineering after Award. The Government may refuse to entertain a "Value Engineering Change Proposal" (VECP) for those "performance-oriented" aspects of the Solicitation documents that were addressed in the Contractor's accepted contract proposal and which were evaluated in competition with other offerors for the award of this contract.

1. The Government may consider a VECP for those "prescriptive" aspects of the Solicitation documents, not addressed in the Contractor's accepted contract proposal or addressed but evaluated only for minimum conformance with the Solicitation requirements.

2. For purposes of this clause, the term "performance-oriented" refers to those aspects of the design criteria or other contract requirements, that allow the offeror or Contractor certain latitude, choice of, and flexibility to propose in its accepted proposal a choice of design, technical approach, design solution, construction approach or other approach to fulfill the contract requirements. Such requirements generally tend to be expressed in terms of functions to be performed, performance required, or essential physical characteristics, without dictating a specific process or specific design solution for achieving the desired result.

3. In contrast, for purposes of this clause, the term "prescriptive" refers to those aspects of the design criteria or other Solicitation requirements wherein the Government expressed the design solution or other requirements in terms of specific material, approaches, systems, and/or processes to be used. Prescriptive aspects typically allow the offerors little or no freedom in the choice of design approach, materials, fabrication techniques, methods of installation, or any other approach to fulfill the contract requirements.

j. Warranty of Design. The Contractor warrants that the design shall be performed in accordance with the contract requirements. Design and design-related construction not conforming to the Contract requirements shall be corrected at no additional cost to the Government. The standard of care for design is defined in paragraph c of this clause, Responsibility of the Contractor for Design.

1. The period of this warranty shall commence upon final completion and the Government's acceptance of the work, or in the case of the Government's beneficial occupancy of all or part of the work for its convenience, prior to final completion and acceptance, at the time of such occupancy.

2. This design warranty shall be effective from the above event through the Statute of Limitations and Statute of Repose or host nation law, as applicable to the place of construction performance.

3. The rights and remedies of the Government provided for under this clause are in addition to any other rights and remedies provided in this contract or by law.

k. Government Re-Use of Design. If the Government uses the design for other projects without additional compensation to the Contractor for re-use, the Government releases the Contractor from liability in the design on the other projects, due to defects in the design that are not the result of fraud, gross mistake as amounts to fraud, gross negligence or intentional misrepresentation.

l. Provision of Design Documents

1. Upon Completion. In addition to the requirements outlined in the Specification, upon completion of construction and before final payment, the Design-Builder shall forward to the Owner a revised set of prints and electronic copies of the drawings and specifications showing “as-built” conditions.

2. Upon Termination. If the Design-Build Contract is terminated for cause or convenience after payment to the Design-Builder of amounts due under this Design-Build Contract, the Design-Builder shall promptly deliver to the FAA a complete set of prints and electronic copies of the design documents, as completed through the date of termination.

(End of clause) file:///C:/Users/Susan%20Newcomb/AppData/Local/Temp/OLTmp/H00001%20D-B%20Construction%20Clause.docx%23_msoanchor_1

Section I - Contract Clauses Clause List

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:

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

(End of clause)

3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2023)

3.2.2.3-25 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA (APR

2024)

3.2.2.3-27 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (APR 2024)

3.2.2.3-33 ORDER OF PRECEDENCE (APR 2024)

3.2.2.3-42 DIFFERING SITE CONDITIONS (APR 2024)

3.2.2.3-43 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 2024)

3.2.2.3-45 MATERIAL AND WORKMANSHIP (JUL 2024)

3.2.2.3-46 SUPERVISING THE CONTRACT WORK (JUL 2024)

3.2.2.3-47 PERMITS AND RESPONSIBILITIES (JUL 2024)

3.2.2.3-48 OTHER CONTRACTS (JUL 2024)

3.2.2.3-49 PROTECTING EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES,

AND IMPROVEMENTS (JUL 2024)

3.2.2.3-51 OPERATIONS AND STORAGE AREAS (JUL 2024)

3.2.2.3-52 USE AND POSSESSION BEFORE THE PROJECT IS COMPLETE (JUL 2024)

3.2.2.3-53 CLEANING UP AND ROADWAY MAINTENANCE (JUL 2024)

3.2.2.3-54 PREVENTING ACCIDENTS (JUL 2024)

3.2.2.3-56 SCHEDULES FOR CONSTRUCTION CONTRACTS (JUL 2024)

3.2.2.3-58 LAYOUT OF WORK (JUL 2024)

3.2.2.3-62 PRECONSTRUCTION CONFERENCE (JUL 2024)

3.2.2.3-64 DISMANTLING AND DEMOLISHING OF PROPERTY (JUL 2024)

3.2.2.3-66 CONTRACTOR'S DAILY LOG (JUL 2024)

3.2.2.3-67 SPECIAL PRECAUTIONS FOR WORK AT OPERATING AIRPORTS (JUL 2024)

3.2.2.3-68 SAFETY AND HEALTH (OCT 2014)

3.2.2.3-69 SUBCONTRACTS - CONSTRUCTION (JUL 2024)

3.2.2.3-83 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (OCT 2015)

3.2.2.7-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (APR 2023)

3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)

3.2.5-1 OFFICIALS NOT TO BENEFIT (OCT 2024)

3.2.5-3 GRATUITIES OR GIFTS (OCT 2024)

3.2.5-4 CONTINGENT FEES (OCT 2024)

3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2024)

3.2.5-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE FAA (OCT 2024)

3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 2024)

3.2.5-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2024)

3.2.5-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2024)

3.3.1-9 INTEREST (APR 2023)

3.3.1-15 ASSIGNMENT OF CLAIMS (JUL 2018)

3.3.1-19 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2021)

3.3.1-20 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS

(OCT 2012)

3.3.1-31 PROGRESS PAYMENTS (JUL 2018)

3.3.1-31 PROGRESS PAYMENTS (JUL 2018) - ALTERNATE I (JUL 2018)

3.3.1-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD

MANAGEMENT (OCT 2024)

3.4.1-6 ADDITIONAL BOND SECURITY (APR 1996)

3.4.1-7 NOTICE TO PROCEED (OCT 2019)

3.4.1-10 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (OCT 2020)

3.4.2-8 FEDERAL, STATE, AND LOCAL TAXES - FIXED PRICE CONTRACT (APR 2025)

3.5-1 AUTHORIZATION AND CONSENT (APR 2023)

3.5-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT

(JAN 2009)

3.5-4 PATENT INDEMNITY - CONSTRUCTION CONTRACTS (JAN 2009)

3.5-13 RIGHTS IN DATA - GENERAL (OCT 2014)

3.6.1-3 UTILIZATION OF SMALL, SMALL DISADVANTAGED, WOMEN-OWNED, SERVICE-

DISABLED VETERAN OWNED, AND HUBZONE SMALL BUSINESS CONCERNS (APR 2025)

3.6.1-4 SMALL BUSINESS SUBCONTRACTING PLAN (APR 2025)

3.6.1-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (OCT 2022)

3.6.1-7 LIMITATIONS ON SUBCONTRACTING (JUL 2021)

3.6.1-9 RESERVED (JAN 2024)

3.6.1-11 MENTOR-PROTEGE REQUIREMENTS AND EVALUATION (APR 2025)

3.6.1-15 POST-AWARD SMALL BUSINESS PROGRAM RE-REPRESENTATION (JUL 2023)

3.6.2-1 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-OVERTIME

COMPENSATION (OCT 2018)

3.6.2-2 CONVICT LABOR (APR 2025)

3.6.2-12 EQUAL OPPORTUNITY FOR VETERANS (APR 2022)

3.6.2-13 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (APR 2022)

3.6.2-16 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (APR 2025)

3.6.2-19 WITHHOLDING-LABOR VIOLATIONS (APR 2025)

3.6.2-21 APPRENTICES AND TRAINEES (APR 2025)

3.6.2-22 SUBCONTRACTS (LABOR STANDARDS) (APR 2025)

3.6.2-39 TRAFFICKING IN PERSONS (OCT 2024)

3.6.2-44 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS

ACT (APR 2025)

3.6.2-46 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (APR 2025)

3.6.3-10 REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (OCT 2024)

3.6.3-13 AFFIRMATIVE PROCUREMENT OF RECYCLED CONTENT AND PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (OCT 2024)

3.6.3-14 RESERVED (APR 2025)

3.6.3-19 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (APR 2025)

3.6.3-23 RESERVED (APR 2025)

3.6.3-24 ASBESTOS NESHAP COMPLIANCE (OCT 2024)

3.6.3-25 AEROSOLS (OCT 2024)

3.6.3-26 FOAMS (OCT 2024)

3.6.4-10 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JAN 2010)

3.6.6-1 DRUG FREE WORKPLACE (APR 2023)

3.6.6-2 SEAT BELT USE BY CONTRACTOR EMPLOYEES (APR 2023)

3.6.6-3 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (JUL 2023)

3.8.9-2 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR…