697DCK-25-R-00164 Amendment 0002 Extend Proposal Due Date and add Presidential EO final.pdf

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HVAC, Roofing, Fascia & Fencing Refurbishment Project- Memphis RCAG, Memphis, TN 38118
Solicitation number
697DCK-25-R-00164
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This is Amendment 0002 to RFP 697DCK-25-R-00164 for an HVAC, Roofing, Fascia & Fencing Refurbishment Project at the Memphis RCAG Site, issued by the Federal Aviation Administration (FAA) AAQ-5A0 Regional Acquisitions office. The amendment extends the proposal due date to March 5, 2025 at 5:00pm EST.

The amendment implements significant changes in accordance with new Presidential Executive Orders issued after January 20, 2025, removing multiple procurement clauses related to small disadvantaged businesses, equal opportunity, environmental requirements, and other socioeconomic programs. The evaluation methodology is modified to only two tiers: Tier 1 evaluates offers from any small business concerns, and if no award can be made, Tier 2 opens to full and open competition among all responsible offerors. Both tiers require adequate competition (defined as at least two competitive offers) and fair and reasonable pricing for award.

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No other changes or updates added.

2 5 extend the to March S Additionally, this Amendment shall also implement the changes in accordance with all applicable Presidential Executive Orders and Presidential Memoranda issued on or after January 20, 2025, as detailed in pps 2-3 of this document.

x

This Amendment is being executed to advise Offerors that FAA shall comply with all Presidential directives. If any clause, provision, term, or condition in this SIR or contract is inconsistent with any Executive Order or Presidential Memoranda issued on or after January 20, 2025, or implementing guidance thereof, FAA will take action it deems appropriate and as permitted by law to correct any such inconsistency to include finding a provision or clause invalid. Applicable Executive Orders include, but are not limited to:

o Executive Order 14148 of January 20, 2025, Initial Recissions of Harmful Executive Orders and Actions.

o Executive Order 14151 of January 20, 2025, Ending Radical and Wasteful Government DEI Programs and Preferencing.

o Executive Order 14154 of January 20, 2025, Unleashing American Energy.

o Executive Order 14168 of January 20, 2025, Defending Women From

Gender Ideology Extremism and Restoring Biological Truth to the Federal Government o Executive Order 14173 of January 21, 2025, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.

In accordance with all applicable Presidential Executive Orders and Presidential Memoranda issued on or after January 20, 2025, the following clauses are being removed from the Solicitation and no longer apply to this action -

Procurement Clauses 3.6.1-19 Notice of Set-Aside or Noncompetitive Award to Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program 3.6.1-20 Notice of Set-Aside or Noncompetitive Award to Economically Disadvantaged Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program 3.6.1-21 Notice of Small Disadvantaged Business Set-Aside 3.6.2-5 Certification of Nonsegregated Facilities 3.6.2-6 Previous Contracts and Compliance Reports 3.6.2-7 Preaward On-Site Equal Opportunity Compliance Review 3.6.2-8 Affirmative Action Compliance 3.6.2-9 Equal Opportunity 3.6.2-9 Alternate I Equal Opportunity 3.6.2-10 Equal Opportunity Preaward Clearance of Subcontracts 3.6.2-11 Notification of Visa Denial 3.6.2-21 Apprentices, Trainees, and Helpers 3.6.2-24 Affirmative Action Compliance Requirements for Construction 3.6.2-35 Prevention of Sexual Harassment 3.6.2-40 Non-displacement of Qualified Workers 3.6.3-7 Waste Management and Pollution Prevention 3.6.3-8 Alternatives to Products Containing Ozone Depleting Substances and High Global Warming Potential Hydrofluorocarbons 3.6.3-23 Delivery of Electronic and Paper Documents 3.10.2-6 Subcontracts for Commercial Items and Commercial Components

Finally, in light of the aforementioned changes, please note that the Tiered Evaluation Method noted in Section M of this Solicitation is being changed to only two Tiers, and will be evaluated in the following manner:

Tiered Evaluation:

This requirement is being offered to qualified, responsive concerns and Offers will be considered using a tiered order of precedence. Tiered evaluation of Offers allows the FAA the means to promote small business while providing the opportunity to continue with the procurement action in the event there is inadequate or insufficient small business participation. Each tier will be evaluated using the procedure outlined below. A determination of insufficient competition or unreasonable price will be made before the next tier is evaluated.

First Tier. It is the intent of the FAA to attempt to award a contract on a competitive basis with evaluations of Offers from any Small Business concern, provided that adequate competition is received, and an award can be made at a fair and reasonable price.

Second Tier. If circumstances do not permit an award in the first Tier, the FAA will evaluate Offers and attempt to award a contract on the basis of full and open competition from among all responsible, responsive offers received providing award can be made at a fair and reasonable price. Adequate competition is defined as at least two

(2) competitive Offers received from qualified, responsible business concerns at the tier under evaluation. In summary, once Offers are received, they will be evaluated by tier according to the order of precedence previously specified. If no award can be made at the first tier, the evaluation will proceed to Tier II and the award will be made on the basis of full and open competition from among all responsible, responsive offers received providing award can be made at a fair and reasonable price.

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