Solicitation 697DCK-19-R-00372 Mod 0002.pdf
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- Federal Aviation Administration (FAA) - DECATUR, IL (DECA PAPI) Foundation Repairs. Federal contract opportunity
- Solicitation number
- 697DCK-19-R-00372
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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)
FEDERAL AVIATION ADMINISTRATION
AAQ-500 - REGIONAL ACQUISITIONS
10101 HILLWOOD PARKWAY
FORT WORTH TX 76177-1524
AAQ520FTW-AFN
Via Email To:
victor.rivas@faa.gov
Victor Rivas 817-222-5860 x
07/11/2019 38
PURCHASE REQUEST NO.
697DCK-19-R-00372/0002
10. THE CONTRACT AUTHORITY REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
DECA PAPI foundation replacement for the airport precision approach path indicator
(PAPI) lights.
*** Project Estimated Value - Under $100,000
*** NAICS Code: 238110 Poured Concrete Foundation & Structure Contractors.
*** SB Size: Under $15M per year (Last 3-year average).
*** PSC Code: Z2BD Repair/Alteration of Airport Runways and Taxiways.
Site-Visit Information:
*** Meeting Location: 901 S Airport Rd - Decatur IL 62521
*** Date and Time: Monday, 29 JULY 2019, at 1:00 PM (Local)
*** FAA Local POC: Andy Bacuita (217)741-3302
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.)
5 60 calendar days and complete it within ________________ ________________ calendar days after receiving
1 1700
08/09/2019 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.
Clauses Update:
*** Remove clause 3.6.1-8 *** Remove clause 3.6.1-12 *** Add clause SA15
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
10101 HILLWOOD PARKWAY
FORT WORTH TX 76177-1524
AAQ520FTW-AFN
Victor M. Rivas
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 38
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
697DCK-19-R-00372/0002
(A) (B) (C) (D) (E) (F)
MODIFICATION P00002 LIST OF CHANGES:
Bids due date: 01-JUL-19 changed to 09-AUG-19
Solicitation due time zone: ET changed to CS
Synopsized: N changed to Y
Published date: changed to 11-JUL-19
Date distributed: 04-JUN-19 changed to 11-JUL-19
Copies : 0 changed to 1
Section H: Clause, SA15, is incorporated as follows:
SA15 Insurance Requirements Schedule
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
Continued ...
4 38
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
697DCK-19-R-00372/0002
(A) (B) (C) (D) (E) (F)
ATTN: Victor Rivas AAQ-5B0
10101 Hillwood Parkway #Bldg 2S
Fort Worth TX 76177
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.
5 38
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
697DCK-19-R-00372
(A) (B) (C) (D) (E) (F)
Delivery: 45 Days After Notice to Proceed
Delivery Location Code: C695148F
C695148F
695148 DOT FAA DECATUR AIRPORT
KDPA CONTROL TOWER 2ND FL
910 S AIRPORT RD F
DECATUR IL 625214259 US
FOB: Destination
00001 DECA PAPI SPI SSC - REGIS# 66545674 OPS SUSTAIN
-- Contractor shall furnish all labor, supervision, supplies, material, tools, equipment, transportation, and any incidental engineering required to replace foundations for lamp housing assembly at the Decatur, IL Airport
Runway. PROJECT #1002968
Proposed Price: $______________________
(Firm Fixed-Price contract to be paid upon project completion)
Electronic & IT: 03
Section B - Supplies or Services/Prices Clauses
SA24 PRICES/COSTS FOR CONSTRUCTION
Furnish all labor, materials, equipment, transportation, insurance, notifications, licenses, permits, fees and supervision necessary for the DECA PAPI Foundation replacement in accordance with the specifications, drawings, contract clauses, and wage rates.
The offered price shall encompass all costs related to (a) direct and indirect labor, fringe benefits, overhead, G&A expenses, profit, material, equipment, other direct costs, insurance, freight, handling, transportation, inspection, testing, operation and maintenance manuals, bonds, etc., (b) federal, state, and local taxes, (c) all applicable fees permits, licenses, and (d) any miscellaneous charges.
An offeror is required to provide a price for each contract line item (CLIN). Failure to comply may result in the rejection of the subject offer. A single award shall be made. There shall be no split award. In the event that the CLIN price for any line item is materially unbalanced, the entire offer may be rejected without discussion with the offeror.
In the event of any disparity between the CLIN price and the total offered price, the CLIN price shall be deemed correct, and the total offered amount shall be revised accordingly, unless available information indicates otherwise.
Effective April 1, 1996, the Federal Aviation Administration (FAA) began operating under the new FAA Acquisition Management System. The l996 DOT Appropriation Act, Public Law 104-50, mandated that the FAA rewrite its acquisition regulations and granted legislative relief from certain laws. The Federal Acquisition Regulations (FAR), Federal Acquisition Streamlining Act of 1994, Small Business Act, and Competition in Contracting Act, are three of these laws.
(End of Clause)
Section C - Description/Specifications Clauses
See SECTION J - List of Attachments (page 24)
Section D - Packaging and Marking Clauses
Section D - Not Applicable
Section E - Inspection and Acceptance Clauses
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)
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:
http://conwrite.faa.gov.
(End of clause)
3.10.4-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1996)
3.10.4-10 INSPECTION OF CONSTRUCTION (SEP 2009)
Section F - Deliveries or Performance Clauses
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)
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:
http://conwrite.faa.gov.
(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
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
Section G - Contract Administration Data Clauses
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)
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:
http://conwrite.faa.gov.
(End of clause)
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 5 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)
Section H - Special Contract Requirements Clauses
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)
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:
http://conwrite.faa.gov.
(End of clause)
3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2018)
(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)
Section I - Contract Clauses Clauses
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)
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:
http://conwrite.faa.gov.
(End of clause)
3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (JUL 2018)
3.2.2.3-33 ORDER OF PRECEDENCE (MAR 2009)
3.2.2.3-41 PERFORMING WORK (JUL 2004)
The Contractor (you) must perform, using your own organization, work equivalent to at least 25 percent of the total amount of work under the contract on the site. The CO may modify this contract to reduce this percentage if you request a reduction and the CO determines that it would be to the Government's advantage to do so.
(End of clause)
3.2.2.3-42 DIFFERING SITE CONDITIONS (JUL 2004)
3.2.2.3-43 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (JUL 2004)
3.2.2.3-45 MATERIAL AND WORKMANSHIP (JUL 2004)
3.2.2.3-46 SUPERVISING THE CONTRACT WORK (JUL 2004)
3.2.2.3-47 PERMITS AND RESPONSIBILITIES (JUL 2004)
3.2.2.3-49 PROTECTING EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND
IMPROVEMENTS (JUL 2004)
3.2.2.3-50 PROPERTY PROTECTION (OCT 2014)
3.2.2.3-51 OPERATIONS AND STORAGE AREAS (APR 2012)
3.2.2.3-53 CLEANING UP AND ROADWAY MAINTENANCE (JUL 2004)
3.2.2.3-54 PREVENTING ACCIDENTS (JUL 2004)
3.2.2.3-55 AVAILABILITY AND USE OF UTILITY SERVICES (JUL 2004)
3.2.2.3-60 SPECIFICATIONS, DRAWINGS, AND MATERIAL OFFERS (MAR 2009)
3.2.2.3-62 PRECONSTRUCTION CONFERENCE (JUL 2004)
3.2.2.3-64 DISMANTLING AND DEMOLISHING OF PROPERTY (JUL 2004)
3.2.2.3-68 SAFETY AND HEALTH (OCT 2014)
3.2.2.3-71 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (JUL 2004)
The Contractor (you) must
(a) begin work under this contract within 5 calendar days after the date you receive the notice to proceed,
(b) perform the work diligently, and
(c) complete the entire work ready for use not later than 09/30/2019. The time allowed for completion must include final cleanup of the premises.
(End of clause)
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 2011)
3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)
3.2.5-1 OFFICIALS NOT TO BENEFIT (APR 1996)
3.2.5-3 GRATUITIES OR GIFTS (JAN 1999)
3.2.5-4 CONTINGENT FEES (OCT 1996)
3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2010)
3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 1996)
3.3.1-2 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (JUL 2018)
3.3.1-9 INTEREST (JUL 2018)
3.3.1-16 PROHIBITION OF ASSIGNMENT OF CLAIMS (APR 1996)
3.3.1-19 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JUL 2018)
3.3.1-20 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (OCT
2012)
3.3.1-33 SYSTEM FOR AWARD MANAGEMENT (JUL 2018)
(a) Definitions. As used in this clause
"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.
"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)
This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.
"Registered in the SAM database" means that the Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database.
"System for Award Management (SAM) Database" means the primary Government repository for Contractor information required for the conduct of business with the Government.
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee must be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The offeror must enter, in Representations, Certifications and Other Statements of Offerors Section of the solicitation, the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.
(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) An offeror may obtain a DUNS number
(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following information:
(i) Company legal business.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company Physical Street Address, City, State, and ZIP Code.
(iv) Company Mailing Address, City, State and ZIP Code (if different from physical street address).
(v) Company Telephone Number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
(d) If the offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer may proceed to award to the next otherwise successful registered offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. If registered in SAM as a Service-Disabled Veteran-Owned Small Business (SDVOSB), by submission of an offer, the offeror acknowledges that they are designated as a SDVOSB by the Department of Veterans Affairs, and this designation appears as such on the Veteran Affairs website, https://www.vip.vetbiz.gov.
(g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in AMS Procurement Guidance, the Contractor must provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to:
(A) change the name in the SAM database;
(B) comply with the requirements of AMS regarding novation and change-of-name agreements; and
(C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide the Contracting Officer with the notification, sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor must not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims. Assignees must be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.
(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov.
(End of Clause)
3.3.1-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD MANAGEMENT
(JUL 2018)
3.4.1-10 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JUL 1996)
3.4.2-8 FEDERAL, STATE, AND LOCAL TAXES - FIXED PRICE CONTRACT (APR 2013)
3.5-4 PATENT INDEMNITY - CONSTRUCTION CONTRACTS (JAN 2009)
3.6.1-8 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE SDB CONCERNS (APR 2016)
(a) Offers are solicited only from eligible small disadvantaged business (SDB) concerns. As used herein, an "eligible SDB" concern is a small business concern expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) program and which meets the following criteria at the time of submission of offer.
(1) The offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and
(2) The offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action direct by the SBA.
(b) By submission of its offer, the offeror certifies that it meets all of the criteria set forth in paragraph (a) of this clause.
(c)(1) Agreement. A small business concern submitting an offer in its own name agrees to furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. However, this requirement does not apply in connection with construction or service contracts.
(2) The (Offeror insert name here) will notify the (Insert name of FAA Contracting Officer) in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.
(End of clause)
3.6.1-12 NOTICE OF SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS SET-ASIDE (OCT
2011)
(a) Definition. "Service-disabled veteran-owned small business concern"
(1) Means a small business concern"
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) "Service-disabled veteran" means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
(b) General.
(1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered.
(2) Any award resulting from this solicitation will be made to a service-disabled veteran-owned small business concern.
(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, in the case of a contract for:
(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other service-disabled veteran-owned small business concerns;
(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other service-disabled veteran-owned small business concerns;
(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other service-disabled veteran-owned small business concerns; or
(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other service-disabled veteran-owned small business concerns.
(d) A joint venture may be considered a service-disabled veteran owned small business concern if:
(1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations: That it is a service-disabled veteran-owned small business concern, and that it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement;
(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement;
(3) The joint venture is designated as a SDVOSB by the Department of Veterans Affairs;
(4) The joint venture meets the Affiliation requirements of AMS; and
(5) The joint venture meets the requirements of 13 CFR 125.15(b).
(e) Any service-disabled veteran-owned small business concern (nonmanufacturer) must meet the NAICS size standard requirements.to receive a benefit under this program.
(End of clause)
3.6.2-2 CONVICT LABOR (APR 1996)
3.6.2-9 EQUAL OPPORTUNITY (AUG 1998)
3.6.2-13 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2018)
3.6.2-18 DAVIS BACON ACT (OCT 2018)
3.6.2-19 WITHHOLDING-LABOR VIOLATIONS (JUL 2017)
3.6.2-20 PAYROLLS AND BASIC RECORDS (APR 2017)
3.6.2-21 APPRENTICES, TRAINEES, AND HELPERS (JAN 2019)
3.6.2-22 SUBCONTRACTS (LABOR STANDARDS) (JAN 2019)
3.6.2-23 CERTIFICATION OF ELIGIBILITY (JAN 2019)
3.6.2-24 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (JAN 2019)
(a) Definitions.
(1) "Employer identification number," as used in this clause, means the last four digits of the Federal Social Security number used on the employer's quarterly federal tax return, U.S. Treasury Department Form 941.
(2) "Minority," as used in this clause, means
(i) Black (all persons having origins in any of the black African racial groups not of Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);
(iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
(iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).
(b) If the Contractor, or a subcontractor at any tier, subcontracts a portion of the work involving any construction trade, each such subcontract in excess of $10,000 must include this clause, including the goals for minority and female participation stated herein.
(c) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as follows:
Goals for minority participation: 7.6% Goals for female participation: 6.9% (Contracting Officer insert goals)
Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor must provide written notification to the Office of Federal Contract Compliance Programs (OFCCP) area office within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this screening information request. The notification must list the:
(1) Name, address, and telephone number of the subcontractor,
(2) Employer identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) The Contractor must implement the affirmative action procedures in subparagraphs (f)(1) through (7) of this clause. The goals stated in this contract are expressed as percentages of the total hours of employment and training of minority and female utilization that the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it must apply the goals established for the geographical area where that work is actually performed. The Contractor is expected to make substantially uniform progress toward its goals in each craft.
(f) The contractor must take affirmative action steps at least as extensive as the following:
(1) Ensure a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities where the Contractor's employees are assigned to work. The Contractor, if possible, will assign two or more women to each construction project. The Contractor must ensure foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at these sites or facilities.
(2) Immediately notify the OFCCP area office when the union or unions, with which the Contractor has a collective bargaining agreement, has not referred back to the Contractor a minority or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations.
(3) Develop on-the-job training opportunities and/or participate in training programs for the area that expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor must provide notice of these programs to the sources compiled under subparagraph (f)(2) above.
(4) Review, at least annually, the Contractor's equal employment policy and affirmative action obligations with all employees having responsibility for hiring, assignment, layoff, termination, or other employment decisions. Conduct reviews of this policy with all on-site supervision, personnel prior to initiation of construction work at a job site. A written record must be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
(5) Disseminate the Contractor's equal employment policy externally by including it in any advertising in the news media, specifically including minority and female news media. Provide written notification to, and discuss this policy with, other Contractors and subcontractors with which the Contractor does or anticipates doing business.
(6) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities. Encourage these employees to seek or to prepare for, through appropriate training, etc., opportunities for promotion.
(7) Maintain a record of solicitations for subcontracts for minority and female construction contractors and suppliers, including circulation of solicitations to minority and -female contractor associations and other business associations.
(g) The Contractor is encouraged to participate in voluntary associations that may assist in fulfilling one or more of the affirmative action obligations contained in subparagraphs (f)(1) through (7). The efforts of a contractor association, joint contractor-union, contractor-community, or similar group of which the contractor is a member and participant, may be useful in achieving one or more of its obligations under subparagraphs (f)(1) through (7).
(h) A single goal for minorities and a separate single goal for women must be established. The Contractor is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of Executive Order 11246, as amended, if a particular group is employed in a substantially disparate manner.
(i) The contractor must not use goals or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.
(j) The Contractor must not enter into any subcontract with any person or firm debarred from Government contracts under Executive Order 11246, as amended.
(k) The Contractor must carry out such sanctions and penalties for violation of this clause and of the Nondiscrimination and Affirmative Action clause, including suspension, termination, and cancellation of existing subcontracts, as may be imposed or ordered under Executive Order 11246, as amended, and its implementing regulations, by the OFCCP. Any failure to carry out these sanctions and penalties as ordered must be a violation of this clause and Executive Order 11246, as amended.
(l) Nothing contained herein must not be construed as a limitation upon the application of other laws that establish different standards of compliance.
(End of clause)
3.6.2-35 PREVENTION OF SEXUAL HARASSMENT (OCT 2018)
3.6.2-39 TRAFFICKING IN PERSONS (APR 2019)
3.6.3-12 ASBESTOS - FREE CONSTRUCTION (APR 2017)
(a) In performing this contract, the Contractor must not use asbestos or asbestos-containing building materials during construction, renovation, and/or modernization of this facility.
(b) The Contractor must provide to the Contracting Officer (CO) a signed statement WITH FINAL INVOICE indicating that no asbestos or asbestos-containing building materials were used during construction, renovation, and/or modernization of this facility. The Contractor's certification under this clause is considered to be a material requirement of the contract and the FAA may withhold payment pending submittal and receipt of an acceptable certification.
(c) The FAA retains the right to conduct sampling of contractor building materials used during construction, renovation, and/or modernization of this facility to verify that they are asbestos-free. If asbestos-containing material is found, the Contractor must bear the expense of the sampling conducted by the FAA, remove and replace the asbestos-containing material and decontaminate the site of asbestos contamination caused by the Contractor at no additional cost to the Government. In addition, the Contractor must bear the expense of all testing (bulk sampling and air sampling conducted by the contactor and the FAA) to determine that the asbestos removal and site decontamination are satisfactorily completed. The Contractor must follow all applicable federal, state, and local asbestos regulatory requirements as well as applicable FAA Orders with respect to asbestos abatement when the Contractor is required to remove asbestos materials they have installed.
(End of clause)
3.6.3-13 AFFIRMATIVE PROCUREMENT OF RECYCLED CONTENT AND PRODUCTS UNDER
SERVICE AND CONSTRUCTION CONTRACTS (OCT 2016)
3.6.3-14 USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS (OCT 2016)
3.6.3-16 DRUG FREE WORKPLACE (MAR 2009)
3.6.3-17 EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (OCT 2018)
3.6.3-23 DELIVERY OF ELECTRONIC AND PAPER DOCUMENTS (OCT 2016)
3.6.3-24 ASBESTOS NESHAP COMPLIANCE (OCT 2015)
3.6.4-3 BUY AMERICAN ACT - CONSTRUCTION MATERIALS (OCT 2014)
(a) The Buy American Act (41 U.S.C. Sec. 8301-8305) and Executive Order No. 10582, dated December 17, 1954, as amended, provide that the Government give preference to domestic construction material. The restrictions of the Buy American Act do not apply when FAA determines use of a particular domestic construction material: (i) would unreasonably increase the cost; (ii) would be impracticable; or (iii) is not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality. This restriction also does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:
NONE
(b) Definitions:
(1) "Components," as used in this clause, means those articles, materials, and supplies incorporated directly into construction materials.
(2) "Construction material," as used in this clause, means an article, material, or supply brought to the construction site for incorporation into the building or work. Construction material also includes an item brought to the site pre-assembled from articles, materials or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, which are discrete systems incorporated into a public building or work and which are produced as a complete system, shall be evaluated as a single and distinct construction material regardless of when or how the individual parts or components of such systems are delivered to the construction site.
(3) "Domestic construction material," as used in this clause, means (i) an unmanufactured construction material mined or produced in the United States, or (ii) a construction material manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as the construction materials determined to be unavailable shall be treated as domestic.
(c) The Contractor agrees that only domestic construction material must be used by the Contractor, subcontractors, material men, and suppliers in the performance of this contract, except for foreign construction materials, if any, listed in this contract.
(d) Request for determination of inapplicability of the Buy American Act:
(1) Any Contractor request to use foreign construction material in accordance with paragraph(a) of this clause must include adequate information for Government evaluation of the request, including:
(i) A description of the foreign and domestic construction materials;
(ii) Unit of measure;
(iii) Quantity;
(iv) Price;
(v) Time of delivery or availability;
(vi) Location of the construction project;
(vii) Name and address of the proposed supplier; and
(viii) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (a) of this clause.
A request based on unreasonable cost must include a reasonable survey of the market and a completed price comparison table in the format of paragraph (4) below.
The price of construction material must include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
Any Contractor request for a determination submitted after contract award must explain why the Contractor could not reasonably have foreseen the need for such a determination and could not have requested the determination before contract award. If the Contractor does not provide a satisfactory explanation, the Contracting Officer need not make a favorable determination.
(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.
(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act
(4) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor must include the following information and any applicable supporting data based on the survey of suppliers:
FOREIGN AND DOMESTIC MATERIAL PRICE COMPARISON
Construction Material Unit of Measure Quantity Price($)*
Item 1 Foreign Construction Material [ ] [ ] [ ] Domestic Construction Material [ ] [ ] [ ] Item 2 Foreign Construction Material [ ] [ ] [ ] Domestic Construction Material [ ] [ ] [ ]
(List name, address, phone number, and contact for supplier surveyed. Attach copy of response, if oral, attach summary)
*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).
(End of clause)
3.6.4-10 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JAN 2010)
3.9.1-1 CONTRACT DISPUTES (OCT 2011)
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 1996)
3.10.1-16 CHANGES AND CHANGED CONDITIONS (APR 1996)
3.10.1-19 MODIFICATION COST PROPOSAL - PRICE BREAKDOWN (CONSTRUCTION) (JUL 1996)
(a) The contractor, in connection with any proposal it makes for a contract modification, shall furnish a price breakdown, itemized as required by the Contracting Officer. The breakdown shall be in enough detail to permit an analysis of all material, labor, equipment, subcontract, and overhead costs, as well as profit, and shall cover all work involved in the modification, whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by similar price breakdowns from those subcontractors.
(b) In addition, if the proposal includes a time extension, a justification thereof shall also be furnished.
Notwithstanding any other provisions of this contract, it is mutually understood that the time extension for changes in the work will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of work. The contract completion dates will be extended only for those specific elements so delayed and the remaining contract completion dates for all other portions of the work will not be altered.
(c) The proposal, together with the price breakdown and time extension justification, shall be furnished by the date specified by the Contracting Officer.
(End of clause)
3.10.1-20 WARRANTY-CONSTRUCTION (JUL 1996)
3.10.1-25 NOVATION AND CHANGE-OF-NAME AGREEMENTS (OCT 2007)
3.10.2-1 SUBCONTRACTS (FIXED-PRICE CONTRACTS) (JAN 2019)
3.10.3-2 GOVERNMENT PROPERTY - BASIC CLAUSE (APR 2019)
3.10.6-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (OCT 1996)
3.10.6-6 DEFAULT (FIXED PRICE CONSTRUCTION) (OCT 1996)
3.13-5 SEAT BELT USE BY CONTRACTOR EMPLOYEES (OCT 2001)
3.13-13 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (JAN 2011)
3.14-3 FOREIGN NATIONALS AS CONTRACTOR EMPLOYEES (JAN 2019)
Section J - List of Documents, Exhibits and Other Attachments List of Documents, Exhibits, and Other Attachments
Attachment Number Title Date
1 Attachment A - Scope of Work (Original) 09/25/2018 2 Attachment B - Scope of Work (Amendment 1) 05/08/2019 3 Attachment C - DBA Wage Rate Determination (Macon) 01/25/2019
Clauses
4 Attachment E - DECA PAPI Drawings 5 Past Experience Form
Section K - Representations, Certifications, and Other Statements of Bidders Clauses
3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2011)
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:
http://conwrite.faa.gov.
(End of clause)
3.2.2.3-2 MINIMUM OFFER ACCEPTANCE PERIOD (JUL 2004)
(a) 'Acceptance period,' as used in this provision, means the number of calendar days the FAA (we, us) has to award a contract from the date the SIR specifies for receiving offers.
(b) This provision supersedes any language about the acceptance period appearing elsewhere in this SIR.
(c) We require a minimum acceptance period of 30 calendar days.
(d) The offeror (you) may specify a longer acceptance period than the period shown in paragraph (c). To specify a longer period, fill in the blank: The offeror allows the following acceptance period: _____ calendar days.
(e) We may reject an offer…
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