697DCK-25-R-00437 - FE 9-24-25.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)

FEDERAL AVIATION ADMINISTRATION

AAQ-500 - REGIONAL ACQUISITIONS

1200 DISTRICT AVENUE

BURLINGTON MA 01803

AAQ510BOS-AFN

Rodgers L. Cox Jr. rodgers.l.cox@faa.gov

Sam Culberth sam.g.culberth@faa.gov

Rodgers Cox 617-719-2079 x

09/24/2025 2

PURCHASE REQUEST NO.

697DCK-25-R-00437

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

The FAA has been exempted from several Federal laws and regulations as part of the

1996 DOT Appropriations Act, signed into law by President Clinton on November 15, 1995. Some of the exemptions include the Federal Acquisition Streamlining Act of

1994, the small Business Act, the Competition in Contracting Act, and the Federal

Acquisition regulations. The FAA's Acquisition Management System (AMS), which become effective on April 1, 1996, is utilized in place of the Federal Acquisition

Regulation (FAR).

This screening information request (SIR) is for the Design Build Project New Air

Traffic Control Tower (ATCT) Facilities Ogden-Hinckley Airport (OGD), Ogden, Utah.

This procurement is unrestricted.

The estimated price range for this requirement is between $40,000,000.00 and

$65,000,000.00.

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.)

1 913 calendar days and complete it within ________________ ________________ calendar days after receiving

11/06/2025 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.)

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

***A FINAL NEPA REVIEW HAS NOT BEEN CONDUCTED. NTP (Notice to proceed) will not be issued until we have a favorable NEPA finding for this site.***

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 DESIGN AND BUILD

A NEW AIRPORT TRAFFIC CONTROL TOWER (ATCT) FACILITIES OGDEN-HINCKLEY AIRPORT

(OGD) IN OGDEN, UTAH. All work shall be in accordance with the specifications, drawings, contract clauses, and wage rates, as described in this Solicitation. This is a competitive 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. Your total lump sum proposal must be recorded and signed on page 2 of this Solicitation, Offer, and Award form of this solicitation (RFP) package. See section L for other pricing documentation required to be submitted with your proposal.

B.2 MARKUPS

Successful offeror's markup percentages (i.e. Overhead %, Profit %, Insurance %, and Bonding %) once negotiated and awarded, will remain the consistent markup percentages used on any applicable negotiations and/or Contract Modifications during the life of the Award.

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 913 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).

Contractor work hours shall be 40 hours per week from 7:00 am - 3:30 p.m. Monday - Friday. Change in Work Hours must be approved in accordance with Division 1 of the Specification 1.10 Work Restrictions. Offerors are required to base their schedule on the stated 40 hour work week. Any additional time may be considered, and/or granted by the FAA, but cannot be assumed in developing any schedules. See scheduling requirements in section L for additional information.

B.5 SCHEDULE OF VALUES (SOV)

After award but prior to issuance of NTP, an SOV (Schedule of Values – cost loaded schedule with milestones, used to evaluate all submitted Pay Applications) must be approved by an FAA COR/RE, and will be required to be updated with 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 to both (Rodgers.L.Cox@faa.gov) and (Sam.G.Culberth@faa.gov), at least 10 calendar days prior to RFO closing. Telephone questions will not be accepted, nor any directed to anyone other then the FAA Contracting Officer's. 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.

Your complete and signed proposal must be emailed to to both (Rodgers.L.Cox@faa.gov) and (Sam.G.Culberth@faa.gov), PDF is preferable, and the responsibility of it reaching me and it 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 must email both (Rodgers.L.Cox@faa.gov) and (Sam.G.Culberth@faa.gov) to request access to the FAA's 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).

Section D - Packaging and Marking

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)

3.2.2.8-5 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 $3048 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)

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.

(End of clause)

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 known at this time, these will have to be addressed on a case-by-case basis, if realized.

Contract Period of Performance (PoP) will be 913 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).

Work Restrictions: Contractor work hours shall be 40 hours per week from 7:00 am - 3:30 p.m. Monday - Friday.

Change in Work Hours must be approved in accordance with Division 1 of the Specification 1.10 Work Restrictions. Offerors are required to base their schedule on the stated 40 hour work week.

(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 INDEX FOR SPECIFICATION PACKAGE

If an index or table of contents is furnished in connection with specifications, it is understood that such index or table of contents is for convenience only. Its accuracy and completeness cannot be guaranteed, and it is not to be considered as part of the specification. In case of discrepancy between the index or table of contents and specifications, the specification must govern.

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 3.3.1-40 Electronic Submission of Payment Requests (INTERIM September 2025).

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:

Project Manager Construction Manager Designer-of-Record Construction Quality Manager Lead Mechanical Engineer Lead Electrical Engineer Lead Structural Engineer Lead Fire Protection Engineer

(List key personnel and/or facilities)

(End of clause)

SA15 INSURANCE REQUIREMENTS SCHEDULE

"(See Section I, Clause 3.4.1-10, Insurance--Work on Federal Aviation Administration Installation)

During the term of the contract, the Contractor and each subcontractor shall at their own expense, purchase and maintain the following minimum insurance requirements in companies properly licensed and satisfactory to the Contracting Officer:

Automobile and Truck Liability

$200,000 - bodily injury per person, not to exceed $500,000 per occurrence.

$100,000 - property damage per occurrence.

Comprehensive General Liability

$500,000 - Combined bodily injury and property damage per occurrence.

Workmen's Compensation

$100,000 or statutory, whichever is greater.

Umbrella or Excess Liability

$1,000,000 combined single limits bodily injury and property damage.

Insurance certificates shall contain a provision that coverages afforded under the policies will not be canceled until at least 30 days prior written notice has been given to the Contracting Officer at the following address:

Federal Aviation Administration

ATTN: Rodgers Cox Contracting Officer, AAQ- 550

1200 District Ave

Burlington, MA 01803

It is agreed that the Federal Aviation Administration, the property owner(s) and their representatives will be held harmless by the Contractor for any loss or damage to sheds, tools, equipment, property and materials of the Contractor, and his subcontractors, their servants and employees, it being understood that the Contractor may at his expense carry any insurance which may be required to provide the necessary protection against such loss or damage.

The Contractor shall not commence work under the contract until he has obtained all the insurance required hereunder and such insurance has been approved by the Contracting Officer. Approval of the insurance by the Contracting Officer shall not relieve or decrease the liability of the Contractor.

The policy shall name "The United States of America, acting by and thought the Federal Aviation Administration" as an additional insured with respect to operations performed under this contract.

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 is U.S. Department of Labor General Decision Davis-Bacon Act WD# UT20250089 attached hereto, and made a part thereof.

H.2 SMALL BUSINESS SUBCONTRACTING PLAN

Offerors categorizes as “Other than Small Business” is subject to the clause 3.6.1-4 Small Business Subcontracting Plan (April 2025) and must submit a Small Business (SB) Subcontracting Plan at the time of proposal closing. The maximum amount of realistic small business participation is encouraged. If Offeror does not think there is a reasonable expectation of reaching the Small Business Target Goals, Offerors must propose the goal they intend to meet, provide a written justification as to why it cannot meet the goals and plans to meet the goals.

The small business target goals are as follows:

Prime Contract Categories Target Percentages Small Business Concerns 43.02% Small Disadvantaged Business (Includes SEDB 8(a) certified vendors) 5.00%

Women owned Small Business 5.00% Service-Disabled Veteran -Owned Small Business 5.00%

H.3 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. The Contractor has inspected and examined all matters relevant to the execution of Work. The Contractor has resolved errors, inconsistencies, or omissions to its own and the FAA’s reasonable satisfaction before submitting 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 and shall include provisions that bind the Subcontractor to the Contractor by the terms of this Contract, to the extent that such terms are applicable to the portion of the Work being performed by the Subcontractor. 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. Liability for Others. The Contractor shall be fully responsible for the acts, omissions, and defaults of its subcontractors and of persons either directly or indirectly employed by them, as if such acts or defaults were those of the Contractor.

f. Responsibility of the Contractor for Design. The Contractor shall carry out and 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 deficiencies 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 Contractor shall be responsible for reviewing all standard or pre-existing design elements provided by the FAA and shall identify, correct, or revise any errors, omissions, or deficiencies therein. The Contractor assumes full responsibility for the accuracy of all design deliverables submitted under this Contract, whether developed independently or based upon preexisting designs provided by the FAA.

2. The standard of care for all design services performed under this agreement shall be the care and skill ordinarily used by licensed 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.

g. 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.

h. 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.

i. 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.

j. 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.

k. 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.

l. 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.

m. 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.

H.4 NON-FAA AND NON-GOVERNMENT PERSONNEL PARTICIPATION

Offerors are hereby notified that the FAA may have submissions or other written information provided in response to this acquisition reviewed by personnel from various Government Agencies and support contractors who may serve as advisors to FAA evaluation personnel during the evaluation phase of this acquisition. All non-Government personnel and their companies have signed, or will sign before the evaluation process begins, nondisclosure and conflict-of-interest statements. The exclusive responsibility for source selection, however, will remain with the FAA. The FAA plans to use the following non-FAA and support contractor companies to take part in the source selection process but may use others instead or in addition.

1. Science Applications International Corporation (SAIC)

- Shari Teel

2. Gransberg and Associates

- Doug Gransberg

- Ricardo Tapia

- Mara Herrera

- Marjorie Herrera

H.5 COMMUNICATIONS

APPROACH FOR COMMUNICATIONS – “SCOPE OF COMMUNICATIONS”

During source selection phase, the purpose of communications is to promote best value outcomes for agency acquisitions by reducing risk, increasing value, and ensuring mutual understanding between the FAA and offerors about all aspects of a procurement.

Communications will be conducted at the CO’s discretion. This includes the discretion to determine the timing and scope of communications and with whom. Communications may be held with some, all, one, or none of the offerors.

Under AMS, there is no right to “meaningful discussions” or cause of action for “unequal communications.” Instead, at his/her discretion, the CO will communicate with similarly situated offerors. “Similarly situated” is dependent on the circumstances and does not mean that each communication with each offeror is the same; instead, the communications are specific to the individual offeror but do not provide an unfair advantage to the offeror. The CO will determine which offerors are similarly situated for the purpose of any communications.

Communications are intended to be flexible, interactive, and tailored as appropriate to the offeror involved in the communications. Communications may continue throughout the process for multiple reasons, including but not limited to addressing minor omissions, clarifications, and for purposes of persuasion, alteration of assumptions and positions, give-and-take. Communications may apply to price, schedule, technical approach (including all non-priced factors), strengths, weaknesses or risks and other terms/conditions of the proposed contract. Information disclosed in oral or written communications may be considered in the evaluation or re-evaluation of an offeror’s proposal/submittal(s). The CO has the discretion to request revised proposals as a result of communications.

Communications may lead to the identification of new strengths, weaknesses or risks and may lead to the reassessment of offerors and their relative scoring and ranking.

Communications with one offeror do not necessitate communications with all offerors.

COMMUNICATIONS REGARDING REQUESTS FOR WAIVER OF REQUIREMENTS

Request for waivers to…