697DCK-26-R-00368.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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

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

SOLICITATION

1. SOLICITATION NO.

5. REQUISITION/PURCHASE REQUEST NO.

CODE

6. PROJECT NO.

8. ADDRESS OFFER TO

4. CONTRACT NO.

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

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.

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF

SEALED BID (IFB)

9. FOR

INFORMATION CALL

PAGES

697DCK-26-R-00368

FEDERAL AVIATION ADMINISTRATION

AAQ-500 - REGIONAL ACQUISITIONS

10101 HILLWOOD PARKWAY

FORT WORTH TX 76177-1524

Erin.M.Crabtree@faa.gov

CS-26-01083

AAQ520FTW-AFN

ERIN CRABTREE 501-319-4326

07/21/2026

09/08/2026

10 150

TITLE: Chiller Replacement Project

LOCATION: Hector International Airport (FAR) Airport Traffic Control Tower (ATCT)

Fargo, North Dakota

MAGNITUDE: $850,000 - $950,000

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.

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).

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.

1 86

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

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

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. AWARD DATE31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (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 Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 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.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

20b. SIGNATURE 20c. OFFER DATE

Continued...

AMENDMENT

NUMBER

DATE.

FEDERAL AVIATION ADMINISTRATION

AAQ-500 - REGIONAL ACQUISITIONS

10101 HILLWOOD PARKWAY

FORT WORTH TX 76177-1524

AAQ520FTW-AFN

ERIN M. CRABTREE

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

ITEM NO.

(A)

QUANTITY

(C)

697DCK-26-R-00368

Construction services to replace old chiller system at Fargo ATCT in Fargo, ND.

00001 Construction services to replace the FAR ATCT facility chiller.

JCN 21003455

Electronic & IT: 03

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

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.

All work shall be in accordance with the specifications, drawings, contract clauses, and wage rates, as described in this Solicitation.

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. A detailed offer breakdown 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 CONTRACT TERM

Contract Period of Performance (PoP) will be 150 calendar days after effective date of the Notice to proceed (NTP) unless negotiated before award. 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. Contractor must coordinate specific normal working hours with the COR. 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.

B.4 SCHEDULE OF VALUES (SOV)

After award but prior to issuance of NTP, a SOV (Schedule of Values – cost loaded schedule with milestones and details in accordance with provided schedule, 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.5 SITE VISIT

A pre-offer site visit has been scheduled for August 11, 2026 at 0900 CT.

While this site visit is not mandatory, interested offerors are strongly urged and expected to attend.

Due to security requirements, all attendees must have a valid Government issued photo ID, i.e. state driver’s license.

All prospective attendees must submit a list of attendees by August 07, 2026 at 1700 CT to

Erin.M.Crabtree@faa.gov.

B.6 REQUEST FOR CLARIFICATIONS/RFI's Any offeror proposing on this project desiring an interpretation or clarification of the solicitation documents must make their written request by e-mail to Erin.M.Crabtree@faa.gov by 1700 CT on August 14, 2026.

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.

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.

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)

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 Holidays - December 24th - 26th

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 2026 Thanksgiving - November 24, 2026 at 0000Z to December 02, 2026 at 0000Z Christmas - December 23, 2026 at 0000Z to December 28, 2026 at 0000Z New Year - December 30, 2026 at 0000Z to January 4, 2027 at 0000Z

*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.

(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.

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 December 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:

Construction/Project Manager Construction Quality Manager Superintendent Project Scheduler

Building Information Modeling Personnel [ ]

(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: Erin Crabtree Contracting Officer, AAQ- 550

[Insert Service Area Street Address]

[Insert City, State and Zip]

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.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.

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 requirements will be considered and may be the subject of communications. The SSO maintains the right to waive requirements at any time without notification to the offerors so long as the waiver does not change the essential character or condition of the procurement.

SCREENING DECISIONS

The CO may make one of more screening decisions throughout the source selection process. If the SSO is someone other than the CO, the SSO will affirm the CO’s decisions in the selection decision document if doing so is in the best interest of the FAA. Screening decisions may be made before or after engaging in communications. The CO may make a screening decision, identifying one of some offerors most likely to receive award. The CO must communicate with those offerors that are similarly situated but need not communicate with all of those determined most likely to received award.

After receipt of proposals, the CO may proceed to evaluation, decide to engage in communications or make a screening decision to only those offerors determined responsive and responsible. Responsiveness is outlined in the SIR and responsibility may include all elements covered in AMS. Specifically, responsibility may include an initial review of the offeror’s past performance records. Communication, at this stage in the source selection, may include addressing minor omissions and/or other clarifications. With regards to omissions, the CO may allow similarly situated offerors to provide missing proposal information if it is in the best interest of the FAA. The CO may also deem those offerors non-responsive. The CO may also determine an offeror so grossly deficient that it is not likely to receive award, and thus not invited to address its omissions.

During technical evaluations, the CO may seek clarification requests from the offerors.

After technical evaluations, the CO may make a source selection recommendation, engage in communications or make a screening decision based on key differentiators. Communications, at this state, may include but are not limited to, addressing minor omissions and/or clarifications, persuasion, alterations or assumptions and positions, give-and-take, and may apply to price, schedule, technical approach, identification of strengths, weaknesses and risks, and other terms of the proposed contract.

Offerors who are determined not to be “most likely to receive award” at any stage in this process are not entitled to notification at the time the screening decision is made because each may still be eligible for an award if communications with the screened vendors do not result in an award.

If the CO engages in communications prior to making a screening decision, and the communications lead to a change in the requirement, each offeror must be given an opportunity to revise its proposal. If communications are conducted after making a screening decision, and communications lead to a change in the requirement, only those offerors previously determined most likely to receive award will be given the opportunity to revise their proposals.

However, the CO may allow the offeror an opportunity to revise its proposal if doing so is in the best interest of the

FAA.

Where communications do not result in any changes in the FAA’s requirements, the FAA is not required to request or accept offeror revisions, but the CO has the discretion to invite offerors to submit revised proposals. Changes in requirement are distinguished from changes in the Offeror’s technical approach. If an Offeror revises its technical approach after communications, the CO is not required to request proposal revisions from other offerors.

The process is iterative. After making a screening decision, the CO may continue communications with those determined to be most likely to receive award or continue in the source selection process. If the CO elects to continue with communications, these communications may include negotiations that involve persuasion, alteration of assumptions and positions, give-and-take, and may apply to price, schedule, technical requirements, identification of additional strengths, weaknesses or risks, or other terms of the proposed contract. Communications may not reveal another offeror’s approach.

If the parties fail to reach agreement after communications or communications take an unreasonable amount of time, the CO may terminate communications with the offerors and return to the offerors previously screened or make another screening decision reassessing those most likely to receive award.

Once the CO determines communications are no longer necessary, no information will be provided to offerors until award has been made. Final offers may not necessarily be accepted by the Government; they are still subject to final selection by the SSO.

Section I - Contract Clauses Clause List

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

(a) Definitions. As used in this clause—

(1) “Contract financing” is a contractual authorization for payments to a contractor prior to acceptance of products or services by FAA.

(2) “Payment request” means a bill, voucher, invoice, or request for contract financing payment or invoice payment with associated supporting documentation. The payment request must comply with the requirements identified in this clause and the applicable Payment clause and invoicing requirements included in this contract.

(3) “Electronic form” means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) “Invoice payment” means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government. This includes payments for partial deliveries that have been accepted by the Government, final payments under T&M and labor-hour contracts, and final cost or fee payments where amounts owed have been settled between the Government and the contractor.

(b) Electronic payment requests. Except as provided in paragraph (f) of this clause, the Contractor must submit payment requests in electronic form. Purchases paid with a Government purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) The Federal Aviation Administration utilizes the Delphi eInvoicing web-portal for processing invoices.

Contractors submitting invoices are required to submit invoices via the Delphi eInvoicing web portal which is accessed and authenticated via www.login.gov

(d) In order to receive payment and in accordance with prompt payment standards, the Contractor must submit a proper invoice. All invoices submitted as attachments in the Delphi eInvoicing web-portal must contain the following:

(1) Invoice number and invoice date.

(2) Period of performance covered by invoice.

(3) Contract number and title.

(4) Task/Delivery Order number and title (if applicable).

(5) Amount billed (by CLIN), current and cumulative.

(6) Total ($) of billing.

(7) Cumulative total billed for all contract work to date.

(8) Name, title, phone number, mailing address, and email address (if available) of person to be contacted in the event of a defective invoice.

(9) The following statement: “The Contractor certifies that, by submitting this invoice to the FAA, the supplies and/or services billed have been shipped, rendered, or delivered in accordance with instructions issued by the ordering officer; that they are reflected in the quantities and/or period of performance stated on the invoice; and that such supplies and/or services conform to the quantity and quality requirements specified in the applicable contract, order, or blanket purchase agreement.

(10) The following statement: “Pursuant to Executive Order 14173, Ending Illegal Discrimination And Restoring Merit-Based Opportunity, the Contractor certifies that it is in compliance with the Equal Protection principles of the Constitution and all applicable Federal anti-discrimination laws, and acknowledges that such compliance is material to the Government’s payment decision under the False Claims Act (31 U.S.C. § 3729(b)(4)). The Contractor also affirms that it does not operate any diversity, equity, and inclusion (DEI) initiatives that are inconsistent with the Equal Protection principles of the Constitution and the non-discrimination requirements of Federal law, as interpreted by the Supreme Court in Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023).”

Note: the statement in item (10) in the preceding list is only required for invoices submitted to receive payment for contract performance occurring after this AMS clause 3.3.1-40 Electronic Submission of Payment Requests (INTERIM December 2025) is included in the contract.

If the contract includes allowances for travel, all invoices that include charges pertaining to travel expenses must catalog a breakdown of reimbursable expenses with the appropriate receipts to substantiate the travel expenses.

(e) Payment system registration. Each person accessing the Delphi eInvoicing web-portal will be required to have a unique user Delphi eInvoicing ID and password and be credentialed through login.gov.

(1) Electronic authentication. See www.login.gov for instructions. Click on the following link for instructions on establishing a login.gov account: https://login.gov/help/creating-an-account/how-do-i-create-an-account-with-logingov/.

(2) To create a login.gov account, the user will need a valid email address and a working phone number. The user will create a password and then login.gov will reply with an email confirming the email address.

(3) DELPHI registration instructions. New users should request access to Delphi eInvoicing by sending an email to 9-AMC-FAA-iSupplier@faa.gov. Once access is granted, users should navigate to http://einvoice.esc.gov to activate the account. Users are required to log in every 45 days to keep it active.

(4) Training on DELPHI. To facilitate use of DELPHI, comprehensive user information is available at http://einvoice.esc.gov

(5) Account Management. Contractors must contact the DELPHI Help Desk when their firm’s points of contact will no longer be submitting invoices so they can be removed from the system. Instructions for contacting the DELPHI Help D can be found at http://einvoice.esc.gov

(f) Waivers: If the Contractor does not believe electronic invoicing can be used if they are awarded this contract, the Contractor must respond accordingly to AMS clause 3.3.1-41 Electronic Invoicing-Representation. Waiver requests must be approved by the FAA and DOT and will be processed expeditiously upon contract award. If the waiver request is not approved, the Contractor must use electronic invoicing consistent with this clause. If the waiver request is approved, conversion to electronic invoicing at a later date may be required. While the waiver is in effect, the current invoicing process must be used per AMS Guidance T3.3.1A.14 and the terms of the contract. The decision regarding a waiver request is not subject to AMS clause 3.9.1-1 Contract Disputes.

Prescription: Must be used in all SIRs and contracts except for (1) classified contracts or purchases when electronic submission and processing of invoices could compromise classified information or national security; (2) those paid with a Government purchase card; or (3) real property contracts. Alternate payment procedures to electronic invoicing may be used if a waiver is granted per (f) above and consistent with AMS Guidance T3.3.1A.15. This clause does not apply if an approved waiver is in effect. As applicable, see also AMS clause 3.3.1-17 Prompt Payment, AMS clause 3.3.1-18 Prompt Payment for Fixed-Price Architect-Engineer Contracts, or AMS clause 3.3.1-19 Prompt Payment for Construction Contracts.

AMS Clause 3.6.2-50 Addressing DEI Discrimination by Federal Contractors (Executive Order 14398) (INTERIM April 2026)

a) Definitions. As used in this clause:

“Program participation” means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

“Racially discriminatory DEI activities” means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity’s resources.

b) In connection with the performance of work under this contract, the Contractor agrees as follows:

1) The Contractor will not engage in any racially discriminatory DEI activities;

2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

3) In the event of the Contractor’s or a subcontractor’s noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the contractor or subcontractor may be declared ineligible for further Government contracts;

4) The Contractor will report any subcontractor’s known or reasonably knowable conduct that may violate this clause to the contracting officer and take any appropriate remedial actions directed by the Contracting Officer;

5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause; and

6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government’s payment decisions for purposes of section 31 U.S.C. 3729(b)(4).

c) Subcontracts. The Contractor must include the substance of this clause, including this paragraph c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

3.10.1-15 Changes-Construction, Dismantling, Demolition, or Removal of Improvements (INTERIM April 2026) I. Changes for Fixed Price Construction and Dismantling, Demolition, or Removal of Improvements

(a) The Contracting Officer (CO) may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract, including changes-

(1) In the specifications (including drawings and designs);

(2) In the method or manner of performance of the work;

(3) In the Government-furnished property or services; or

(4) Directing acceleration in the performance of the work.

(b) Any other written or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the CO that causes a change must be treated as a change order under this clause; provided, that the Contractor gives the CO written notice stating-

(1) The date, circumstances, and source of the order; and

(2) That the Contractor regards the order as a change order.

(c) Except as provided in this clause, no order, statement, or conduct of the CO will be treated as a change under this clause or entitle the Contractor to an equitable adjustment.

(d) If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any such order, the CO will make an equitable adjustment and modify the contract in writing. However, except for an adjustment based on defective specifications, no adjustment for any change under paragraph (b) of this clause will be made for any costs incurred more than 20 days before the Contractor gives written notice as required. In the case of defective specifications for which the Government is responsible, the equitable adjustment will include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications.

(e) The Contractor must assert its right to an adjustment under this clause within 30 days after (1) receipt of a written change order under paragraph (a) of this clause or (2) the furnishing of a written notice under paragraph (b) of this clause, by submitting to the CO a written statement describing the general nature and amount of proposal, unless this period is extended by the Government. The statement of proposal for adjustment may be included in the notice under paragraph (b) of this clause.

(f) No proposal by the Contractor for an equitable adjustment will be allowed if asserted after final payment under this contract.

II. Changes for Cost-Reimbursable Construction

(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in the plans and specifications or instructions incorporated in the contract.

(b) If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, or otherwise affects any other terms and conditions of this contract, the CO must make an equitable adjustment in the:

(1) estimated cost, delivery or completion schedule, or both;

(2) amount of any fixed fee; and

(3) other affected terms and must modify the contract accordingly.

(c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the CO decides that the facts justify it, the CO may receive and act upon a proposal submitted before final payment of the contract.

(d) Failure to agree to any adjustment must be a dispute under the 3.9.1-1 Contract Disputes clause. However, nothing in this clause excuses the Contractor from proceeding with the contract as changed.

(e) Notwithstanding the terms and conditions of paragraphs II.(a) and II.(b) above, the estimated cost of this contract and, if this contract is incrementally funded, the funds allotted for the performance of this contract, must not be increased or considered to be increased except by specific written modification of the contract indicating the new contract estimated cost and, if this contract is incrementally funded, the new amount allotted to the contract. Until this modification is made, the Contractor must not be obligated to continue performance or incur costs beyond the point established in the 3.3.1-12 Limitation of Cost or 3.3.1-14 Limitation of Funds clause of this contract.

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,…