697DCK-22-R-00001.pdf
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- Solicitation number
- 697DCK-22-R-00001
About this file
This solicitation requests proposals to replace the EPDM roofing at the Colorado Springs Airport Traffic Control Tower Base Building. Offerors must have active SAM registration and include all required proposal documents. Proposals are due by November 10, 2021 at 5:00 PM MT. The work is covered by the Davis-Bacon Act and includes a site visit on October 13, 2021. Questions regarding this solicitation must be submitted to the Contracting Officer in writing by November 3, 2021. Offerors must have an active SAM registration and include all required proposal documents to be eligible for award. The Federal Aviation Administration is the contracting agency.
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SOLICITATION, OFFER
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
697DCK-22-R-00001
2. TYPE OF SOLICITATION
SEALED BID (IFB)
x NEGOTIATED BID (RFP)
3. DATE ISSUED
09/27/2021
PAGE OF PAGES
IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO. 5. REQUISITION/
PURCHASE REQUEST NO.
6. PROJECT NO.
7. ISSUED BY CODE
AAQ510ATL-AFN
8. ADDRESS OFFER TO
FEDERAL AVIATION ADMINISTRATION
AAQ-500 - REGIONAL ACQUISITIONS
1701 COLUMBIA AVENUE
COLLEGE PARK GA 30337
9. FOR A. NAME
INFORMATION Katherine Fogle CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
757-348-2542
SOLICITATION
NOTE: In sealed bid solicitations "offer" and "offeror" means "bid" and "bidder"
10. THE CONTRACT AUTHORITY REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
The FAA has been exempted from several Federal laws and regulations as part of the
1996 DOT Appropriations Act, signed into law by President Clinton on November 15, 1995. Some of the exemptions include the Federal Acquisition Streamlining Act of
1994, the Small Business Act, the Competition in Contracting Act, and the Federal
Acquisition Regulations. The FAA’s Acquisition Management System (AMS), which became effective on April 1, 1996, is utilized in place of the Federal Acquisition.
This solicitation information request (SIR) is for the replacement the EPDM roofing at the Colorado Springs Airport Traffic Control Tower (COS ATCT) Base Building.
A site visit is scheduled for October 13, 2021. To attend the site visit please submit your name, company, and contact information to Katie Fogle at Katherine.fogle@faa.gov no later than 12:00 MT on October 7, 2021.
All questions regarding this SIR should be submitted in writing to Katie Fogle at Katherine.fogle@faa.gov. All questions must be received no later than November 3, 2021.
Proposals are due no later than November 10, 2021 @ 17:00 MT. Any proposal received after 17:00 MT on November 10, 2021 will be considered non-responsive
Continued ...
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by
11/10/2021 (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 . (hour) local time
B. An offer guarantee is, x is not required.
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 be rejected.
0 calendar days for Contract Authority acceptance after the date offers are due will not be considered and will
11. The Contractor shall begin performance within 14 calendar days and complete it within 90 calendar days after receiving award x notice to proceed. The performance period is mandatory, x negotiable. (See .)
12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award in item 12B.)
x YES NO 12B. CALENDAR DAYS mailto:Katherine.fogle@faa.gov mailto:Katherine.fogle@faa.gov
AMOUNTS
OFFER (MUST BE FULLY COMPLETED BY OFFEROR)
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.)
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT OF AMENDMENTS
(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
21. ITEMS ACCEPTED:
AWARD (To be completed by Contract Authority)
Continued...
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
28. NEGOTIATED AGREEMENT
(Contractor is required to sign this document and return copies to issuing office.)
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.
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 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)
Katherine Fogle
30B. SIGNATURE 30C. DATE 31B. CONTRACT AUTHORITY
BY
31C. AWARD DATE
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
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED
697DCK-22-R-00001
PAGE OF
3 50
NAME OF OFFEROR OR CONTRACTOR
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F) and will not be eligible for award.
To be eligible for award Offerors must have an active registration in www.SAM.gov and Offerors' proposals must include all of the required documents outline in Section L and Section M.
This requirement is covered by the Davis-Bacon Act, under Wage Determination (Attachment J-2).
Contractor employees (prime and subcontractors)working at an FAA facility must complete the OMB-approved Certification of Vaccination Form and bring with them with when onsite. Please refer to https://sam.gov/opp/b1a364d81c294155a84066eec89502 37/view.
http://www.sam.gov/
Section B - Supplies or Services/Prices Section B - Schedule
B1. Price/Cost Furnish all labor, materials, equipment, transportation, insurance, notification, licenses, permits, fees and supervision necessary for the design and replacement of EPDM roofing at Colorado Springs Airport Traffic Control Tower (COS ATCT) Base Building .in accordance with all contract clauses, Attachment J-1 Scope of Works and Attachment J-2 Wage Determination.
The price proposal must break out costs, to include unit rates and quantity/hours for labor, materials, and other direct costs, overhead and profit. This is a negotiated procurement that will result in a firm fixed-priced contract award.
B2. Magnitude of Construction The estimated magnitude of construction is between $500,000 and $1,000,000.00
Clause List
The remainder of this page has been intentionally left blank.
Scope of Work
Section C - Description/Specifications
All work is to be performed in accordance with Attachment J-1 Scope of Work.
Not used
Section D - Packaging and Marking
Section E - Inspection and Acceptance
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)
3.10.4-10 INSPECTION OF CONSTRUCTION (SEP 2009)
3.10.4-11 INSPECTION - DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS
(APR 1996)
Section F - Deliveries or Performance
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:
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
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:
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.
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.
Section H - Special Contract Requirements
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)
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.
Section I - Contract Clauses
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:
3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (JUL 2018)
3.2.2.3-33 ORDER OF PRECEDENCE (MAR 2009)
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)
3.2.2.3-48 OTHER CONTRACTS (MAR 2009)
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)
3.2.2.3-56 SCHEDULES FOR CONSTRUCTION CONTRACTS (JUL 2004)
3.2.2.3-58 LAYOUT OF WORK (MAR 2009)
3.2.2.3-60 SPECIFICATIONS, DRAWINGS, AND MATERIAL OFFERS (MAR 2009)
3.2.2.3-62 PRECONSTRUCTION CONFERENCE (JUL 2004)
3.2.2.3-66 CONTRACTOR'S DAILY LOG (OCT 2014)
3.2.2.3-67 SPECIAL PRECAUTIONS FOR WORK AT OPERATING AIRPORTS (JUL 2004)
3.2.2.3-68 SAFETY AND HEALTH (OCT 2014)
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 2021)
3.2.5-3 GRATUITIES OR GIFTS (OCT 2019)
3.2.5-4 CONTINGENT FEES (OCT 1996)
3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2019)
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)
3.3.1-15 ASSIGNMENT OF CLAIMS (JUL 2018)
3.3.1-19 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2021)
3.3.1-20 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS
(OCT 2012)
3.3.1-31 PROGRESS PAYMENTS (JUL 2018)
3.3.1-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD
MANAGEMENT (JUL 2018)
3.4.1-6 ADDITIONAL BOND SECURITY (APR 1996)
3.4.1-7 NOTICE TO PROCEED (OCT 2019)
3.4.1-9 DEPOSIT OF ASSETS INSTEAD OF SURETY BONDS (APR 1996)
3.4.1-10 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (OCT 2020)
3.4.1-12 INSURANCE (OCT 2019)
3.4.2-6 TAXES - CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO (OCT
1996)
3.4.2-8 FEDERAL, STATE, AND LOCAL TAXES - FIXED PRICE CONTRACT (JUL 2019)
3.6.1-3 UTILIZATION OF SMALL, SMALL DISADVANTAGED, WOMEN-OWNED, SERVICE-
DISABLED VETERAN OWNED, AND HUBZONE SMALL BUSINESS CONCERNS (JAN 2021)
3.6.1-7 LIMITATIONS ON SUBCONTRACTING (JUL 2021)
3.6.1-15 POST-AWARD SMALL BUSINESS PROGRAM RE-REPRESENTATION (JAN 2021)
3.6.2-1 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-OVERTIME
COMPENSATION (OCT 2018)
3.6.2-2 CONVICT LABOR (APR 1996)
3.6.2-9 EQUAL OPPORTUNITY (JUL 2020)
3.6.2-12 EQUAL OPPORTUNITY FOR VETERANS (JUL 2020)
3.6.2-18 DAVIS BACON ACT (OCT 2018)
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)
3.6.2-35 PREVENTION OF SEXUAL HARASSMENT (OCT 2018)
3.6.2-39 TRAFFICKING IN PERSONS (APR 2019)
3.6.3-9 OZONE DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL
HYDROFLUOROCARBONS (OCT 2016)
3.6.3-13 AFFIRMATIVE PROCUREMENT OF RECYCLED CONTENT AND PRODUCTS UNDER
SERVICE AND CONSTRUCTION CONTRACTS (JAN 2020)
3.6.3-14 USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS (JAN 2020)
3.6.3-16 DRUG FREE WORKPLACE (MAR 2009)
3.6.3-17 EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (JAN 2020)
3.6.3-19 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND
CONSTRUCTION CONTRACTS (JAN 2020)
3.6.3-23 DELIVERY OF ELECTRONIC AND PAPER DOCUMENTS (JAN 2020)
3.6.4-5 BUY AMERICAN - STEEL AND MANUFACTURED PRODUCTS (JUL 2010)
3.6.4-10 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JAN 2010)
3.6.4-23 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (JAN 2021)
3.9.1-1 CONTRACT DISPUTES (JAN 2020)
3.9.1-2 PROTEST AFTER AWARD (AUG 1997)
3.10.1-7 BANKRUPTCY (APR 1996)
3.10.1-8 SUSPENSION OF WORK (SEP 1998)
3.10.1-15 CHANGES-CONSTRUCTION, DISMANTLING, DEMOLITION, OR REMOVAL OF
IMPROVEMENTS (JUL 1996)
3.10.1-16 CHANGES AND CHANGED CONDITIONS (APR 1996)
3.10.1-20 WARRANTY-CONSTRUCTION (JUL 1996)
3.10.1-25 NOVATION AND CHANGE-OF-NAME AGREEMENTS (OCT 2007)
3.10.4-23 CONTRACTOR AND SUBCONTRACTOR COMPLIANCE WITH FASTENER ACT (NOV
1997)
3.10.6-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (OCT
3.10.6-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (EDUCATIONAL AND
OTHER NONPROFIT INSTITUTIONS) (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)
3.2.2.3-41 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.
3.2.2.3-71 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (JUL 2004)
The Contractor (you) must
(a) begin work under this contract within 14 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 90. The time allowed for completion must include final cleanup of the premises.
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:
http://fedgov.dnb.com/webform%3B http://www.vip.vetbiz.gov/
(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.
3.3.1-40 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (JAN 2021)
(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, contractors 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.
http://www.sam.gov/ http://www.login.gov/
(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.
If the contract includes allowances for travel, all invoices which include charges pertaining to travel expenses will catalog a breakdown of reimbursable expenses with the appropriate receipts to substantiate the travel expenses.
(e) Payment system registration. All persons accessing the Delphi eInvoicing web-portal will be required to have their own 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 navigate to http://einvoice.esc.gov to establish an 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 are responsible to contact the DELPHI Help Desk when their firm's points of contacts 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 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 the "Contract Disputes" clause AMS 3.9.1-1.
3.3.2-1 FAA COST PRINCIPLES (OCT 2019)
(a) Federal Aviation Administration (FAA) "Contract Cost Principles" must be used for:
(1) The pricing of contracts, subcontracts, and modifications to contracts and subcontracts whenever cost analysis is performed; and
(2) The determination, negotiation, or allowance of costs when required by a contract clause.
(b) The Contracting Officer will incorporate the FAA cost principles and procedures in contracts with commercial organizations as the basis for:
(1) Determining reimbursable costs under http://www.login.gov/ http://einvoice.esc.gov/ http://einvoice.esc.gov/ http://einvoice.esc.gov/
(i) Cost-reimbursement contracts and cost-reimbursement subcontracts under these contracts performed by commercial organizations and
(ii) The cost-reimbursement portion of time-and-materials contracts except when material is priced on a basis other than at cost;
(2) Negotiating indirect cost rates, when:
(i) FAA has division or corporate contract administration responsibilities;
(ii) Quick Close-out procedures are used; or
(iii) Indirect rate caps are negotiated in the contract.
(3) Proposing, negotiating, or determining costs under terminated contracts;
(4) Price revision of fixed-price incentive contracts;
(5) Price redetermination of price redetermination contracts; and
(6) Pricing changes and other contract modifications.
(c) When division or corporate contract administration responsibilities rest with another Government agency, the FAA will apply the cost principles of the administering agency for the determination or negotiation of indirect rates not covered by (2)(ii) or (2)(iii) above.
(d) Upon request, the Contracting Officer will provide a copy of the FAA "Contract Cost Principles."
3.4.1-2 DEPOSIT OF ASSETS REQUIREMENTS (JAN 2017)
(a) Except for payment bonds required for construction contracts, any offeror required to submit a surety bond as a result of this Screening Information Request may instead deposit assets in a form acceptable to the Federal Aviation Administration in an amount of [enter amount].
(b) When assets are deposited, the offeror must execute the bond form made a part of this SIR. Failure to deposit assets acceptable to the Federal Aviation Administration may be cause for termination of the contract for default.
3.4.1-4 PERFORMANCE BOND REQUIREMENTS (JAN 2017)
(a) The contractor is required to submit a performance bond in a penal amount equal to 100 percent of the contract price, but for this contract the amount required by the Contracting Officer is 100%.
(b) The bond must be executed on specified forms, and sureties must be acceptable to the Federal Aviation Administration. Corporate sureties must appear on the list in Treasury Circular 570, and the amount of the bond may not exceed the underwriting limit stated for the surety on that list.
(c) Failure to submit an acceptable bond may be cause for termination of the contract for default.
3.4.1-5 PAYMENT BOND REQUIREMENTS (JAN 2018)
(a) The contractor is required to submit a payment bond in the penal amount of 100% within the time required by the Contracting Officer.
(b) The bond must be executed on the forms attached to this SIR, and sureties must be acceptable to the Federal Aviation Administration. Corporate sureties must appear on the list in Treasury Circular 570, and the amount of the bond may not exceed the underwriting limit stated for the surety on that list.
(c) Failure to submit an acceptable bond may be cause for termination of the contract for default.
3.6.1-1 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (OCT 2019)
(a) Definition. Small business concern, as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the North American Industry Classification System (NAICS) standards in this Screening Information Request (SIR) at the time of submission of offer.
(b) General.
(1) Information and/or offers are requested only from small business concerns. Information and/or offers received from concerns that are not small business concerns will be considered nonresponsive and will be rejected.
(2) Any award resulting from this SIR will be made to a small business concern.
(c) Agreement. A manufacturer or regular dealer submitting information and/or 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.
3.6.2-14 EMPLOYMENT REPORTS ON VETERANS (JAN 2020)
(a) Unless the contractor is a State or local government agency, the contractor must report at least annually, as required by the Secretary of Labor, on:
(1) The total number of employees in the contractor's workforce, by job category and hiring location, who are disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans,
(2) The total number of new employees hired during the period covered by the report, and of the total, the number of disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans; and
(3) The maximum number and minimum number of employees of the Contractor or subcontractor at each hiring location during the period covered by the report.
(b) The above items must be reported by completing the VETS-4212 "Federal Contractor Veterans' Employment Report" (see "VETS-4212 Federal Contractor Reporting" and "Filing Your VETS-4212 Report" at http://www.dol.gov/vets/vets4212.htm).'
(c) The VETS-4212 Report must be submitted no later than September 30 of each year.
(d) The employment activity report required by paragraph (a)(2) of this clause must reflect total hires during the most recent 12-month period as of the ending date selected for the employment profile report required by paragraph (a)(1) of this clause. Contractors may select an ending date: (1) As of the end of any pay period during the period January through March 1st of the year the report is due, or (2) as of December 31, if the contractor has previous written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard Form 100).
(e) The count of veterans reported according to paragraph (a) of this clause must be based on data known to the contractor when completing the VETS-4212. The Contractor's knowledge of veterans status may be obtained in a http://www.dol.gov/vets/vets4212.htm).%27 variety of ways, including an invitation to applicants to self-identify (in accordance with 41 CFR 60-300.42), voluntary self-disclosure by employees, or actual knowledge of veteran status by the contractor. This paragraph does not relieve the employer of liability for a determination under 38 U.S.C. 4212.
(f) Subcontracts. The Contractor must include the terms of this clause in every subcontract or purchase order of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor.
(End of clause)
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: 10.8% 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.
3.6.2-41 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2019)
(a) Definitions:
"Employee assigned to the contract" means an employee who was hired after November 6, 1986, who is directly performing work, in the United States, under a contract that is required to include the Employment Eligibility Verification clause. An employee is not considered to be directly performing work under a contract if the employee-
(1) Normally performs support work, such as indirect or overhead functions; and
(2) Does not perform any substantial duties applicable to the contract.
"Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.
"Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.
"United States", as defined in 8 U.S.C. 1101(a)(38), except as otherwise specifically provided (in this statute) means the 50 States, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
(b) Enrollment and verification requirements.
(1) If the Contractor is not enrolled as a Federal Contractor in Department of Homeland Security's Employment Eligibility Verification system ("E-Verify") at time of contract award, the Contractor must--
(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;
(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and
(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee's assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).
(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor must use E-Verify to initiate verification of employment eligibility of--
(i) All new employees.
(A) Enrolled 90 calendar days or more.
The Contractor must initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or
(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-verify, the Contractor must initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or
(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor must initiate verification within 90 calendar days after date of contract award or within 30 calendar days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).
(3) If the Contractor is an institution of higher education (as…
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