697DCK-25-R-00441_FINAL.pdf
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- Solicitation number
- 697DCK-25-R-00441
About this file
This document is a Request for Offer (RFO) solicitation for the Federal Aviation Administration (FAA) Eastern Region for the demolition of the existing Air Traffic Control Tower (ATCT) at Teterboro Airport in Teterboro, New Jersey. The solicitation (No. 697DCK-25-R-00441) is a competitive, full and open procurement with an estimated contract value between $1,000,000 and $2,000,000, targeting small businesses in the North American Industry Classification System (NAICS) code 236220 with an annual receipt threshold of $45 million.
The project requires a comprehensive demolition effort, including environmental abatement, with a performance period of 210 calendar days after the Notice to Proceed. Key submission requirements include three volumes: Business Documents, Technical Evaluation Factors, and Price Proposal. Offerors must demonstrate corporate experience with similar demolition projects, provide past performance documentation, submit detailed key personnel qualifications, present a quality control and safety management plan, and include a comprehensive construction schedule. A mandatory pre-offer site visit is scheduled for Tuesday, August 19, 2025, at 8:00 AM ET, with specific security and coordination requirements for attendees.
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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-25-01697
FEDERAL AVIATION ADMINISTRATION
AAQ-500 - REGIONAL ACQUISITIONS
1200 DISTRICT AVENUE
BURLINGTON MA 01803
AAQ510BOS-AFN
Robert Higgins 781-238-7670 x
08/06/2025 96
PURCHASE REQUEST NO.
697DCK-25-R-00441
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 construction of a TEB
ATCT Demolition project at Teterboro, NJ.
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: $1,000,000.00 - $2,000,000.00.
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.)
10 210 calendar days and complete it within ________________ ________________ calendar days after receiving
09/12/2025 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
Robert K. Higgins
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 96
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
697DCK-25-R-00441
(A) (B) (C) (D) (E) (F)
00001 Contract for the Demolition of the Old ATCT
Facility at Teterboro Airport in Teterboro, NJ.
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 complete the TEB ATCT Demo project at Teterboro, NJ. 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 (RFO) package. A detailed offer breakdown (broken down in accordance with M.3) must be submitted with your proposal (this offer breakdown must include all costs related to direct and indirect labor, fringe benefits, overhead, G&A expenses, profit, material, equipment, other direct costs, insurance, bonds, freight, handling, transportation, any applicable federal, state, and local taxes, all applicable fees permits, licenses, and any other applicable miscellaneous charges). The awarded Prime Contractor will be responsible for all items of work identified in the attached FAA Specifications and all other attachments as described in Section J.
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 210 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 approved by an FAA Delegated COR), 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 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 SITE VISIT
A mandatory pre-offer site visit has been scheduled for Tuesday, 8/19/25 at 8:00AM (ET). You must coordinate this meeting location at least 48 hours in advance, by contacting Annette McKinney at either 718-608-5208 or at annette.mckinney@faa.gov. Once coordinated, you must email me (Robert.higgins@faa.gov) a list of all attendees for security purposes.
If you have any questions, before, during, or even after this site visit, they must be submitted to CO in writing, at least 15 calendar days before the solicitation closure date, for formal response(s). The FAA will not be held to oral mailto:walter.parker@faa.gov communications held during the source selection process; all clarifications must be submitted in writing and incorporated by Amendment to the Solicitation.
Due to security requirements, all attendees must have a valid Gvt-issued photo ID, i.e. state driver’s license. ALL prospective attendees must submit a list of attendance 48 hours prior to the site visit to robert.higgins@faa.gov.
B.7 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, at least 15 calendar days prior to RFO closing. 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.
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.
(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 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 210 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 (which must be approved by an FAA Delegated COR), 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 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 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)
SA15 INSURANCE REQUIREMENTS SCHEDULE
"(See Section I, Clause 3.4.1-10, Insurance--Work on Federal Aviation Administration Installation), in addition to all Offerors must satisfy the additional required PANYNJ Insurance requirements as described in the FAA Specifications.
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: Robert higgins 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 NJ20250026 dated 05/23/2025, (Bergen County, New Jersey) attached hereto, and made a part thereof.
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)
3.2.4-4 FIXED-PRICE CONTRACTS WITH ECONOMIC PRICE ADJUSTMENT-LABOR AND
MATERIAL (JUL 2024)
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 EQUIPMENT (JUL 2023)
3.9.1-1 CONTRACT DISPUTES (JAN 2020)
3.9.1-2 PROTEST AFTER AWARD (AUG 1997)
3.10.1-7 BANKRUPTCY (APR 1996)
3.10.1-8 SUSPENSION OF WORK (SEP 1998)
3.10.1-15 CHANGES-CONSTRUCTION, DISMANTLING, DEMOLITION, OR REMOVAL OF
IMPROVEMENTS (JUL 2023)
3.10.1-20 WARRANTY-CONSTRUCTION (JUL 1996)
3.10.1-25 NOVATION AND CHANGE-OF-NAME AGREEMENTS (OCT 2007)
3.10.1-28 CHANGES REQUIRED BY AMS (JAN 2024)
3.10.2-5 COMPETITION IN SUBCONTRACTING (JUL 2023)
3.10.4-23 CONTRACTOR AND SUBCONTRACTOR COMPLIANCE WITH FASTENER ACT (NOV
1997)
3.10.6-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (OCT
1996)
3.10.6-6 DEFAULT (FIXED PRICE CONSTRUCTION) (OCT 1996)
3.11-62 PREFERENCE FOR PRIVATELY OWNED U.S. FLAG COMMERCIAL VESSELS (APR
2025)
3.13-14 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT
AWARDS (APR 2025)
3.2.2.3-41 PERFORMING WORK (APR 2024)
The Contractor must perform, using its own organization, work equivalent to at least 15 percent of the total amount of work under the contract on the site. The CO may modify this contract to reduce this percentage if the Contractor requests a reduction and the CO determines that it would be to the FAA's advantage to do so.
(End of clause)
3.2.2.3-50 PROPERTY PROTECTION (JUL 2024)
(a) The Contractor must construct and maintain any temporary fences, gates and other facilities needed to preserve crops, control livestock, and protect property. Before cutting a fence, the Contractor must take necessary precautions to prevent livestock from straying. The Contractor must prevent loss of tension in or damage to adjacent portions of the fence. The Contractor must immediately replace all fencing and gates cut, removed, damaged, or destroyed with new materials to the original standard. Undamaged gates may be reused.
(b) The Contractor must comply with the property owner's requests to leave gates open or closed.
(c) The Contractor must use all necessary precautions to avoid destroying surveying markers such as section corners, witness trees, property corners, mining claim markers, bench markers, triangulation stations, and the like. If the Contractor must destroy any marker, the Contractor must first notify the agency responsible for the marker, as well as the Contracting Officer's (CO) representative, and replace the markers.
(d) The Contractor must use care to prevent unnecessary damage to property in or near the work area caused by the Contractor's work. Unnecessary damage is that which the Contractor can avoid through efficient and careful performance of the work, considering the Contractor's land rights. If the Contractor damages any property, the Contractor must at once notify the owner or custodian and make or arrange to make prompt and full restitution.
(e) Maps and specifications the FAA provides may not give the location of all water supply, drainage, irrigation, and other underground facilities. Before entering a tract of land for contract purposes, the Contractor must determine from the property owner (or other reasonably available source) the location of any irrigation system, domestic water system, source of water, and drainage system existing on the property, whether serving that property or other property. The Contractor must avoid damaging or obstructing these facilities or polluting water supplies.
(f) The Contractor must hold the FAA harmless from any and all suits, actions, and claims for damages, including environmental impairment, to property arising from any of the Contractor's acts or omissions, the Contractor's subcontractors, or any of the Contractor's employees or subcontractor employees, in any way related to the work or operations under this contract.
(g) The Contractor must indemnify and hold harmless the property owners or parties lawfully in possession against all claims or liabilities asserted by third parties, including all governmental agencies, resulting directly or indirectly from the Contractor's wrongful or negligent acts or omissions.
(End of clause)
3.2.2.3-60 SPECIFICATIONS, DRAWINGS, AND MATERIAL OFFERS (JUL 2024)
(a) If either the specifications or the drawings (but not both) mention tasks, the Contractor must assume that the tasks are in both. If the drawings and specifications differ, the specifications govern. If there is a discrepancy in the figures, in the drawings, or in the specifications, the Contractor must submit the matter promptly to the Contracting Officer (CO), who will promptly determine which governs, and notify the Contractor in writing. Any adjustment made by the Contractor without the CO's determination is at the Contractor's own risk and expense. As needed, the CO will provide necessary detailed drawings and other information, unless otherwise provided.
(b) Wherever in the specifications or the drawings, the FAA uses "directed," "required," "ordered," "designated," "prescribed," or similar words, they refer to the CO's requirements. Similarly, "approved," "acceptable," "satisfactory," or similar words refer to the CO's approval, unless otherwise expressly stated. The Contractor must have a complete set of plans and specifications on-site and available for the FAA's use.
(c) Where the FAA uses "as shown," "as indicated," "as detailed," or similar words, they refer to the drawings accompanying this contract, unless stated otherwise. The word "provided" means "provided and installed."
(d) Omissions from the drawings and specifications or the erroneous description of details of work which are necessary to carry out the intent of the drawings and specifications, or which are customarily performed, does not relieve the Contractor from performing those omitted or erroneously described details of the work. The Contractor must perform them as if fully and correctly set forth and described in the drawings and specifications.
(e) The Contractor must check all drawings the FAA provides before starting work and must promptly notify the CO of any discrepancies. In general, the Contractor should follow figures marked on drawings, rather than scale measurements. In general, large-scale drawings have precedence over small-scale drawings. The Contractor must compare all drawings and verify the figures before laying out the work. If the Contractor does not verify the figures, the Contractor will be responsible for any errors that might have been avoided had it verified them.
(f) "Shop drawings" means drawings, the Contractor or any subcontractor submit to the FAA under a construction contract, showing in detail the proposed fabrication and assembly of structural elements and the installation (that is, form, fit, and attachment details) of materials or equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials the Contractor provided to explain in detail specific portions of the work the contract requires.
The FAA may duplicate, use, and disclose in any manner and for any purpose shop drawings you deliver under this contract.
(g) If this contract requires material offers (for example, shop drawings, catalog cuts, certificates of conformance), the Contractor must coordinate all of its offers, and review them for accuracy, completeness, and compliance with contract requirements. The Contractor must provide evidence that it approves the submittals. If the Contractor submits materials to the FAA without this evidence, the FAA may return them and ask the Contractor to resubmit the materials. The CO will indicate whether he or she approves or disapproves the offer, and if the CO does not approve it as submitted, will indicate the reasons for rejecting it. Any work done before the CO's approval is at the Contractor's risk. The CO's approval does not relieve the Contractor from responsibility for any errors or omissions in the submittals, nor from responsibility for complying with the contract requirements, except as described under (h).
(h) If the submittals vary from the contract requirements, the Contractor must describe the variations in writing, separate from the submittal, when it submits them. Send this description, a copy of the offer, and a proposal to incorporate it into the contract directly to the CO. If the CO approves a variation, the CO must issue an appropriate contract modification, unless the variation is minor or does not involve a change in price or in time of performance.
(i) The Contractor must submit to the CO for approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. The CO will keep three sets (unless otherwise indicated) of all offers and will return one set to the Contractor.
(j) The Contractor must insert this clause, with appropriate changes in the designation of the parties, in all subcontracts.
(End of clause)
3.2.2.3-60 SPECIFICATIONS, DRAWINGS, AND MATERIAL OFFERS (JUL 2024) - ALTERNATE I
(JUL 2024)
(a) If either the specifications or the drawings (but not both) mention tasks, the Contractor must assume that the tasks are in both. If the drawings and specifications differ, the specifications govern. If there is a discrepancy in the figures, in the drawings, or in the specifications, the Contractor must submit the matter promptly to the Contracting Officer (CO), who will promptly determine which governs, and notify the Contractor in writing. Any adjustment made by the Contractor without the CO's determination is at the Contractor's own risk and expense. As needed, the CO will provide necessary detailed drawings and other information, unless otherwise provided.
(b) Wherever in the specifications or the drawings, the FAA uses "directed," "required," "ordered," "designated," "prescribed," or similar words, they refer to the CO's requirements. Similarly, "approved," "acceptable," "satisfactory," or similar words refer to the CO's approval, unless otherwise expressly stated. The Contractor must have a complete set of plans and specifications on-site and available for the FAA's use.
(c) Where the FAA uses "as shown," "as indicated," "as detailed," or similar words, they refer to the drawings accompanying this contract, unless stated otherwise. The word "provided" means "provided and installed."
(d) Omissions from the drawings and specifications or the erroneous description of details of work which are necessary to carry out the intent…
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