DESIGN_BUILD_FOR_VERTICAL_CONVEYANCE_PHASES_2_-_4_PROJECT_(Addendum_#1_Revision).pdf

COUNTY OF ORANGE

JOHN WAYNE AIRPORT

REQUEST FOR PROPOSAL (RFP)

FOR

DESIGN BUILD FOR VERTICAL CONVEYANCE PHASES 2

- 4 PROJECT

RFP NO. 280-3132302-RB (STEP TWO OF A TWO STEP

PROCUREMENT)

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/ocgov https://secure.procurenow.com/portal/%7bproject.government.code%7d

County of Orange RFP

John Wayne Airport - DESIGN BUILD FOR VERTICAL CONVEYANCE PHASES 2 - 4 PROJECT, 280-3132302-RB (Step Two of a Two Step Procurement) Page 1 of 40

County of Orange

John Wayne Airport

Procurement and Contract Services

400 W Civic Center

Santa Ana, CA

92701

SCHEDULE OF ACTIVITIES

Release of RFP Solicitation October 2, 2026

Pre-Submittal Meeting and Site Visit

(Non-Mandatory)

October 7, 2026, 10:00am

John Wayne Airport, 18601 Airport Way, Santa Ana, CA 92707, Terminal A, by bag carousel #1

Question Submission Deadline October 9, 2026, 2:00pm

RFP Submittal Closing October 16, 2026, 2:00pm

Interviews with the Top Ranked

Firm(s)

November 4, 2026, 10:00am

PROPOSALS MUST BE RECEIVED ON

OR BEFORE

Friday, October 16, 2026

2:00 pm

John Wayne Airport - DESIGN BUILD FOR VERTICAL CONVEYANCE PHASES 2 - 4 PROJECT, 280-3132302-RB (Step Two of a Two Step Procurement) Page 2 of 40

SECTIONS

SECTION 1. INTRODUCTION AND INSTRUCTIONS TO RESPONDENTS

SECTION 2. FEDERAL AVIATION ADMINISTRATION (FAA) REQUIREMENTS

SECTION 3. PROTEST PROCEDURES

SECTION 4. SCOPE OF WORK

SECTION 5. SCORING CRITERIA

SECTION 6. SUPPLIER RESPONSES

Attachments:

A - Exhibit A - Cost Proposal Workbook

B - 2026-03-

23_JWA_Criteria_Documents_P491_Vertical_Conveyance_Systems_Improvement_Phases_2,_

3,_and_4 (1)

C - Orange County District Attorneys Office Public Works Unit

D - Phase_1_-_2023-03-03_-_JWA_P466_-

_Vertical_Conveyance_Systems_Improvements_Phase_1_-_Criteria_Documents (2)

E - Phase_1_As-Builts (2)

F - Notice of RFQ Results

G - Final Model Contract - Vertical Conveyance Phases 2-4

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SECTION 1. INTRODUCTION AND INSTRUCTIONS TO RESPONDENTS

1.1 INTRODUCTION AND OVERVIEW

The County intends for the successful Design-Build Entity (D-BE) to provide the design and construction services required under this RFP in accordance with contract requirements set forth in the Design-Build Model Contract, including General Conditions and Attachments, which provide an expanded description of the Statement of Work. The County and its consultants will oversee the design and construction of the facilities.

The County has developed bridging documents that include project conceptual plans and performance specifications. These bridging documents are provided herein and shall be utilized by the Respondents in preparation of their response.

The County has engaged the following Architect-Engineering firm with its sub-consultants or other supporting firms, to provide the bridging documents, requirements and other related technical documents:

Kimley-Horn

1100 W. Town and Country Road, Suite 700

Orange, CA 92868

The firm listed above has been associated with this Project. This information is provided for informational purpose only and should not be relied on for purposes of compliance with any conflict of interest requirements, laws or regulations applicable to this Project. The D-BE is responsible for conducting its own due diligence to identify and avoid all actual or potential conflicts of interest associated with the design, contracting and construction of this Project. The awarded D-BE’s architect shall service as the Architect-of-Record.

The Contract will be funded by grants from the Federal Aviation Administration. Therefore, the requirements of Title 2 of the Code of Federal Regulations (C.F.R.), part 200 and §200.317-

200.326 of the Federal Aviation Administration (FAA) Airport Improvement Plan and 49 CFR

Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation

Programs, apply to this Contract.

John Wayne Airport does not intend to limit the type of entity that may propose as a Respondent but, as a supplement to the Disadvantaged Business Enterprise program, is seeking a 25% Small

Business Enterprise (SBE) participation goal for the overall contract. The participation is on the total contract basis, and participation is to be demonstrated/reflected the term of the contract. If participation is not achieved, then Good Faith Effort (GFE) documentation should be submitted with the proposal.

If a contractor or firm wishes to participate as a SBE on a JWA project and has not been certified as a DBE or verified as a SBE by one of the certifying agencies of the California Unified

Certification Program (CUCP) within the preceding 12 months, that firm may apply for verification as a SBE by filing an SBE Verification Form and submitting the form along with all

John Wayne Airport - DESIGN BUILD FOR VERTICAL CONVEYANCE PHASES 2 - 4 PROJECT, 280-3132302-RB (Step Two of a Two Step Procurement) Page 4 of 40 required attachments at the time of bid. SBA Certify - Small Business Administration | SBA

Certify - Small

DBE participation goals are suspended for this solicitation and will not be required for responsiveness or considered in award decisions. The County continues to support DBE participation and encourages respondents to include certified DBE firms where practicable.

However, any DBE participation submitted will be for informational purposes only and will not be evaluated.

1.2 COUNTY HOLIDAYS DURING SOLICITATION PERIOD

During this solicitation period, the John Wayne Airport will be closed on the County observed holidays listed in the following link: https://hrs.oc.gov/employee-relations/employee-resources

1.3 INSTRUCTIONS TO RESPONDENTS AND PROCEDURES FOR SUBMITTAL

A. Responses are to be uploaded via the County's eProcurement Portal at https://procurement.opengov.com/portal/ocgov. For assistance on uploading Response via County’s eProcurement Portal, please contact procurement-support@opengov.com or https://help.procurement.opengov.com/en/

Note: Allow sufficient time to upload all required files. The County’s eProcurement Portal will not allow any uploads after the due date and time specified herein, e.g., if Part 1 and 2 uploaded successfully at 1:58:38 P.M. and Part 3 is in progress of being uploaded at

2:00:01 P.M., Part 3 will not upload successfully.

A. Examine the Contract Documents and the site of the proposed work carefully before submitting a Response for the work contemplated. Investigate the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished and as to the requirements of all Contract Documents.

The County has attempted to provide all information available. It is the responsibility of each Respondent to review, evaluate, and, where necessary, request any clarification prior to submission of a Response. If any prospective Respondent has questions regarding the meaning or interpretation of any provision of the solicitation documents, or identifies discrepancies or omissions in the specifications, the Respondent may submit a written request for clarification or interpretation as described in the Communication section below.

If clarification or interpretation of this solicitation is considered necessary by County, an addendum shall be issued, and the information will be posted via the County’s eProcurement Portal. Any interpretation of, or correction to, this solicitation shall be issued by the DPA. It is the responsibility of each Respondent to periodically check the

County’s eProcurement Portal to ensure that they have received and reviewed any and all addenda to this solicitation.

The County will not be responsible for any other explanations, corrections to, or https://certify.sba.gov/ https://certify.sba.gov/ https://hrs.oc.gov/employee-relations/employee-resources https://procurement.opengov.com/portal/ocgov https://procurement.opengov.com/portal/ocgov mailto:procurement-support@opengov.com https://help.procurement.opengov.com/en/

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Portal.

B. Responses must be valid for a period of at least three hundred sixty-five (365) calendar days from the closing date and time of receipt. No Response may be withdrawn after the submission date.

C. All pages must be submitted on standard 8.5 x 11-inch sized document, numbered and identified sequentially by section. Responses must be organized and indexed as outlined in the Response Requirements Section. It is imperative that all Respondents comply, exactly and completely, with the instructions set forth herein. All responses to this solicitation shall be type written or word-processed (except where otherwise provided or noted), concise, straightforward, and must fully address each requirement and question. Although not as a substitute for a complete written response, additional material, such as technical documents, may be referenced in any response if the material is included in the same section as additional information.

D. Responses are not to be marked as confidential or proprietary. The County may refuse to consider any Responses so marked. All Responses and supporting documents will be subject to the provisions of the California Public Records Act ("PRA") (California Code

Government Code 7920.000 et seq.) and will be disclosed or withheld in accordance therewith. The County shall not be liable in any way for disclosure of any such records.

Additionally, all Responses shall become the property of the County.

Respondents should not request that certain information be treated as exempt, and statements in the Responses should not be marked as confidential or proprietary. In the event that any information is marked as confidential or proprietary, as it may be absolutely necessary, Respondents have the sole responsibility of obtaining any applicable injunctive reliefs to prevent the disclosure of such confidential proprietary information in connection with any request made to the County pursuant to the PRA or a subpoena for disclosure of such information.

E. Each Respondent shall exercise reasonable care and diligence to avoid submitting a

Response that could result in a conflict of interest if the Respondent was selected. This obligation shall apply to the Respondent, the Respondent’s employees, agents, and relatives, sub-contractors, and third parties associated with accomplishing work and services in response. In the event Respondent has done work for the County on this Project in the past or has reason to believe that a conflict of interest may exist for Respondent in regard to this Project, Respondent should consult with its legal counsel prior to responding to this solicitation. Any Respondent who is found to have an actual conflict of interest may

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Respondent, its employees and/or consultants may be subject to the provisions of the

California Political Reform Act of 1974 (the “Act”), which (1) requires such persons to disclose any financial interest that may be materially affected by services provided under this Contract, (2) prohibits such persons from making, or participating in making, decisions that could reasonably affect such interest; and (3) may require the filing a Statement of

Economic Interest (Form 700).

If subject to the Act, Respondent shall conform to all requirements of the Act. Failure to do so shall constitute a material breach and is grounds for immediate termination of the

Contract by County. Respondent shall indemnify and hold harmless County for any and all claims for damages resulting from Respondent’s violation of this Section.

F. By submitting a response, the Respondent represents that it thoroughly examined the

County’s requirements, is familiar with the services required under this solicitation and is qualified and capable of providing the services to achieve the County’s objectives.

G. Each Respondent must submit its response in strict accordance with all requirements of this solicitation and compliance must be stated in the response. Deviations, clarifications and/or exceptions must be clearly identified and listed separately as alternative items on additional information section for the County’s consideration as specified in the

Response Requirements Section, “Statement of Compliance.”

H. Pre-contractual expenses are not to be included in the Cost Proposal, Attachment B, Pricing and Compensation. Pre-contractual expenses are defined as including, but not limited to, expenses incurred by the Respondent in: a) preparing the response to this solicitation; b) submitting that response to the County; c) negotiating with the County any matter related to the Respondent’s response; and d) any other expenses incurred by the Respondent prior to the date of award and execution, if any, of the Contract.

I. Any response may be construed as non-responsive and ineligible for consideration if it does not comply with the requirements of the solicitation, including but not limited to technical features, acknowledgment of receipt of addenda, and page number limits, etc. These are common causes for deeming a response non-responsive.

J. Where two or more Respondents desire to submit a single response to this solicitation, they must do so on a prime/subcontractor basis rather than as a joint venture. The County intends to contract with a single firm that may subcontract with multiple firms (team) but not with multiple firms doing business as a joint venture.

K. The County does not require and neither encourages nor discourages the use of lobbyists or other consultants for the purpose of securing business.

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L. The County requires a valid D-U-N-S number prior to Contract Award. If needed, your company may obtain one at no cost at www.dnb.com. If you are unable to provide/obtain a D-U-N-S number, please indicate so in your submission response.

M. The County requires a valid UEI number and full registration prior to Contract

Award. Your company must obtain one at no cost at www.usfcr.com. If you are unable to provide/obtain a UEI number, please indicate so in your submission response.

N. Effective from the issuance date of this solicitation until a Contract is awarded or the solicitation is withdrawn, all individuals or entities responding—including their employees, agents, representatives, proposed partners, subcontractors, members, lobbyists, or attorneys (collectively "Respondents")—are prohibited from engaging in any direct or indirect communication with County personnel involved in the selection process, except with the designated DPA. Respondents may continue conducting business with the County on matters unrelated to this solicitation and may communicate with County staff, provided the solicitation is not discussed. Any attempt to engage in discussion regarding this solicitation with anyone other than the designated DPA will be presumed to create an unfair competitive advantage and may result in disqualification.

O. After the closing date and time for receipt of Responses, evaluation, and if requested by the County, in-person interviews will commence. Respondents who submit Responses most responsive to the County’s requirements may be asked to give a presentation of their response to County staff. The County makes no guarantee as to the number of Respondents selected for in-person interviews.

1.4 COMMUNICATION

Respondents are not to contact other County personnel with any questions or clarifications concerning this solicitation. All questions regarding this solicitation must be submitted via the

Question & Answer section of this solicitation within the County’s eProcurement Portal at:

https://procurement.opengov.com/portal/ocgov. Any County response relevant to this solicitation other than through or approved by County is unauthorized and will be considered invalid.

County's Deputy Procurement Agent, Ranique Beas, rbeas@ocair.com, will provide all official communication concerning this solicitation.

1.5 ADDITIONAL DESIGN BUILD INSTRUCTIONS TO RESPONDENTS AND

PROCEDURES FOR SUBMITTAL

Respondent shall submit the Cost Proposal and Exhibit A, Cost Proposal Workbook (Mandatory submission) which includes the total proposed Guaranteed Maximum Price (GMP) for design phase services, construction services profit margin, construction labor & overhead, and hourly rate schedule. This will be used for negotiations.

http://www.dnb.com/ http://www.usfcr.com/ https://procurement.opengov.com/portal/ocgov

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1.6 OPTIONAL PRE-SUBMITTAL MEETING AND SITE VISIT

Attendance of the Pre-Submittal Meeting and Site Visit is not required and will be held on

Wednesday, October 7, 2026 at 10:00 am local time. No one will be admitted 10 minutes after the meeting has started. The meeting will be held at John Wayne Airport, 18601 Airport Way, Santa

Ana, CA 92707, Terminal A, by bag carousel #1. At this meeting, County staff will discuss the scope of work, general contract issues, and respond to questions from the attendees. The Pre-

Submittal Meeting and Site Visit will be conducted once.

• Please confirm your attendance by replying via the RSVP feature in the County's eProcurement Portal at least 24 hours prior to the Pre-Submittal Meeting and Site Visit.

• Respondents are responsible for securing parking and payment of parking fees (if applicable).

• Respondents are encouraged to arrive early for parking.

1.7 MINIMUM QUALIFICATIONS/REQUIREMENTS

Respondent’s shall meet the following minimum requirements and qualifications to proceed to the evaluation process. Failure to have the ability to, upon County request, provide any of the items requested below may result in disqualification of your response. These qualifications must be maintained during the term of any resultant Contract.

A. Must have the ability to do business in Orange County, California;

B. Complete all required Vendor Response questions of the solicitation;

C. Provide all required information, and complete all required Sections.

D. Firm to have a similar-sized and scope of work project examples for at least three (3) public agencies and at least one (1) from an airport.

E. Design Engineer shall be a Licensed Professional Engineer in the State of California and must possess a minimum of ten (10) years of experience.

F. Possess a valid NO VALUE License at time of response submission.

1.8 EVALUATION PROCESS

Responses deemed to meet all minimum solicitation requirements will be scored based on the established evaluation criteria, and will be assigned points that measure the responsiveness to each identified criterion. The total number of points earned will be tallied for each response, based upon the Respondent(s) submitted written materials.

Responses shall be evaluated by an Evaluation Panel of job knowledge experts based on the responsiveness to the requirements in this RFP. The County may request clarifications, or otherwise verify the contents of the response, including information about the Respondent, Contractors and sub-contractors.

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The scoring is based on evaluation of the response as measured against the Scoring Criteria, which includes County of Orange Procurement Preference Policy, in accordance with Sections 1.8-103 and 4.3-112 of the 2026 County Contract Policy Manual (CPM). A copy of the 2026 CPM can be found at https://cpo.oc.gov/cpm. Responses will be evaluated from the most advantageous to the least advantageous to the County.

1.9 ADDITIONAL DESIGN-BUILD EVALUATION PROCESS AND CRITERIA

The Design-Build Contract shall be made to the responsible Respondent whose Proposal is determined by the County to be the best value based on the evaluation factors included in this solicitation.

The D-BE will be selected through a qualifications and cost-based selection process based on the criteria stated in this solicitation.

1.10 SELECTION/AWARD PROCEDURES

Upon the completion of the evaluation process, the County’s DPA will compile the final evaluation scores and submit the results to the Board of Supervisors for consideration and selection for contract award. Final award determination shall be subject to reference checks and past performance.

The Model Contract contained herein this RFP is the Contract proposed for execution. It may be modified to incorporate negotiated items and other pertinent terms and conditions set forth in this

RFP, including special conditions and requirements, those added by addendum, necessary attachments and/or exhibits, and modifications necessary to reflect Respondent’s response and qualifications.

Exceptions to the terms and conditions of the Model Contract or the statements regarding

Respondent’s inability to comply with any of the provisions thereof are to be declared in the response to the RFP in SUPPLIER RESPONSES - Statement of Compliance.

Negotiations may or may not be conducted with the finalist(s); therefore, the response submitted should contain Respondent(s) most favorable terms and conditions, since the selection and award may be made without further discussion or need for clarification. Any additional exceptions to the terms and conditions made by any Respondent(s) after submission of its response may result in elimination from further consideration.

Selection and award shall be made by the County Board of Supervisors. The County will enter into negotiations with the selected Respondent and award a contract upon completion of negotiation of fees and Contract terms.

If a satisfactory Contract cannot be negotiated in a timely manner, County, in its sole discretion, may terminate negotiations with the selected Respondent and begin negotiations with the alternate

Respondent.

1.11 RIGHTS RESERVED TO COUNTY

The County reserves the right to:

https://cpo.oc.gov/cpm

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A. Make use of any information or ideas in the responses submitted.

B. Request response revisions and hold discussions and negotiations with any Respondent as necessary to serve the best interests of the County.

C. Seek publicly available information about the Respondents.

D. Conduct, or not conduct, in-person interviews and/or presentations with the highest-scored

Respondent(s).

E. Waive, at its discretion, any procedural, non-material defects, irregularity, or informality, which the

County deems correctable or otherwise not warranting rejection of the response that do not result in any unfair competitive advantage. Any waiver will not excuse a proponent from full compliance.

F. Verify and validate any information prior to Contract Award and during the entire term of the

Contract.

G. Negotiate the final Contract with any Respondent(s), including pricing/fee schedule, as necessary to serve the best interests of the County;

H. Withdraw or cancel in part or in its entirety this solicitation at any time without prior notice and furthermore makes no representations that any Contract will be awarded to any Respondent responding to this solicitation;

I. Award its total requirements to one Respondent or to apportion those requirements among two or more Respondents as the County may deem to be in its best interests;

J. Reject any response if it is conditional, incomplete or deviates significantly from the services requested in this solicitation; and/or

K. Request Best and Final Offer from any Respondent determined to be within the competitive range.

Unless requested by the County, late Best and Final Offers will not be accepted by the County for any reason. In addition, negotiations may or may not be conducted with Respondents.

L. Make multiple awards to Respondent(s) for services requested in this solicitation, at its sole discretion, to serve the best interests of the County.

M. Defer award of this Contract for a period of 180 days after the solicitation opening. During this period, Respondent shall guarantee the prices and terms quoted in their responses. The County and the responsive, responsible Respondent may mutually agree in writing to extend this deferral period.

Therefore, responses submitted shall contain the Respondent’s most favorable terms and conditions, since the selection and award may be made without discussion with any Respondent.

1.12 CONTRACTOR SAFETY

Contractor shall comply with the County’s Safety and Loss Prevention Policy and Procedure#306

(“Contractor Safety Responsibilities”) and submit a copy of their Injury and Illness Prevention

Program (IIPP) and Contractor Safety-Activity Checklist to the County’s Project Manager prior to the start of any work performed under the Contract. Contractor will notify County Project Manager of any revisions to the Safety-Activity Checklist and will provide a new Safety-Activity Checklist upon County request. The IIPP shall comply with California Code of Regulations, Title 8, Section

1509 or 3203 (whichever applies). Contractor shall submit other safety programs that pertain to the type of job that will be performed on site. County reserves the right to conduct inspections and

John Wayne Airport - DESIGN BUILD FOR VERTICAL CONVEYANCE PHASES 2 - 4 PROJECT, 280-3132302-RB (Step Two of a Two Step Procurement) Page 11 of 40 audits as necessary for the purpose of evaluating any aspect of safety performance under this

Contract.

1.13 DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE FORM

W-9/W-8 REQUIREMENTS

Effective June 3, 2006, all Contractors, entering into a Contract with County, who are not already established in Countywide Enterprise Resource Planning (ERP) System as an Auditor-Controller supplier, will be required to submit to County a federal Form W-9, or Form W-8 for foreign suppliers. The County will inform Contractor, at the time of award, if the Form W-9 or W-8 will be required.

In order to comply with this County requirement, within ten (10) days of notification of selection of award of Contract but prior to official award of Contract, the selected Contractor agrees to furnish to Contract administrator, or the Deputy Procurement Agent (DPA) the required W-9 or

W-8.

1.14 CAMPAIGN CONTRIBUTION DISCLOSURE REQUIREMENT

Effective January 1, 2023, all contractors entering into a contract with the County, will be required to submit the Campaign Contribution Disclosure Form for any contributions made on or after

January 1, 2023. In order to comply with this requirement, Respondent agrees to furnish the required Campaign Contribution Disclosure Information form as a required submittal with its response. Failure to include the form as required will render the response nonresponsive.

SECTION 2. FEDERAL AVIATION ADMINISTRATION (FAA) REQUIREMENTS

2.1 TITLE VI SOLICITATION NOTICE (FEDERAL CONTRACT PROVISION

GUIDELINES SECTION A5.3.1)

Title VI Solicitation Notice: The County of Orange, through its department John Wayne Airport, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42

U.S.C. §§ 2000d to 2000d-4), 28 CFR § 50.3, and 49 CFR Part 21, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, all contractors will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of the owner’s race, color, national origin, sex, creed, age, or disability in consideration for an award.

2.2 FAA BUY AMERICA PREFERENCE

The Contractor certifies that its bid/offer is in compliance with 49 USC § 50101, BABA and other related Made in America Laws,² U.S. statutes, guidance, and FAA policies, which provide that Federal funds may not be obligated unless all iron, steel and manufactured goods used in

AIP funded projects are produced in the United States, unless the Federal Aviation

Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA

Nationwide Buy American Waivers Issued list.

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The bidder or offeror must complete and submit the certification of compliance with FAA’s Buy

American Preference, BABA and Made in America laws included herein with their bid or offer.

The Airport Sponsor/Owner will reject as nonresponsive any bid or offer that does not include a completed certification of compliance with FAA’s Buy American Preference and BABA.

The bidder or offeror certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.

The bidder or offeror certifies procurement of certain rolling stock using FAA grant funds will prohibit airports from using Federal financial assistance to procure buses or rail car vehicle rolling stock from covered entities.

²Per Executive Order 14005 “Made in America Laws” means all statutes, regulations, rules, and

Executive Orders relating to federal financial assistance awards or federal procurement, including those that refer to “Buy America” or “Buy American,” that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the

United States, including iron, steel, and manufactured products offered in the United States.

2.3 CERTIFICATION OF OFFEROR/BIDDER REGARDING DEBARMENT

By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.

2.4 CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING

DEBARMENT

The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a

“covered transaction”, must confirm each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally-assisted project. The successful bidder will accomplish this by:

Checking the System for Award Management at website: http://www.sam.gov.

Collecting a certification statement similar to the Certification of Offeror /Bidder Regarding

Debarment, above.

Inserting a clause or condition in the covered transaction with the lower tier contract.

If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.

http://www.sam.gov/

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2.5 DAVIS-BACON REQUIREMENTS

The contract resulting from this solicitation is subject to the Davis-Bacon Act, as amended (40

U.S.C. §§ 3141-3144, 3146, and 3147), and applicable U.S. Department of Labor regulations, including 29 CFR Part 5. The Contractor and all applicable subcontractors shall comply with the applicable Davis-Bacon labor standards and the wage determination incorporated into the resulting contract.

The applicable U.S. Department of Labor wage determination for this project is identified in the solicitation/contract documents.

The Davis-Bacon requirements applicable to the resulting contract are incorporated by reference and shall have the same force and effect as if set forth in full.

2.6 DISADVANTAGED BUSINESS ENTERPRISE

No DBE contract goal has been established for this solicitation. The requirements of 49 CFR Part

26, including any amendments thereto, apply to this contract. It is the policy of the County of

Orange, John Wayne Airport (JWA) to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. JWA encourages participation by all firms qualifying under this solicitation regardless of business size or ownership.

No proposer is required by this solicitation to commit to a DBE participation percentage, submit

DBE participation commitments as a condition of responsiveness or responsibility, or demonstrate good-faith efforts to achieve a project-specific DBE goal.

2.7 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)

All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, et seq, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.

The Contractor/Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor/Consultant must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.

2.8 TRADE RESTRICTION CERTIFICATION

By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror –

1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States

Trade Representative (USTR);

2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and

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3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S.

firms published by the USTR.

This certification concerns a matter within the jurisdiction of an agency of the United States of

America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC § 1001.

The Offeror/Contractor must provide immediate written notice to the Owner if the

Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR § 30.17, no contract shall be awarded to an Offeror or subcontractor:

1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR; or

2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list; or

3) who incorporates in the public works project any product of a foreign country on such USTR list.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by

USTR, unless the Offeror has knowledge that the certification is erroneous.

This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.

2.9 CERTIFICATION REGARDING LOBBYING

The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

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No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or

Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a

Member of Congress in connection with the awarding of any Federal contract, the making of any

Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

2.10 PROHIBITION OF COVERED UNMANNED AIRCRAFT SYSTEMS (UAS)

The Bidder or Offeror certifies that they are aware of and comply with relevant Federal statutes and regulations, including those from the Federal Aviation Administration (FAA), for operating unmanned aircraft systems (UAS) in accordance, and in compliance with all related requirements in the FAA Reauthorization Act of 2024 (Public Law 118-63), section 936 (49 U.S.C. § 44801 note).

Contractor warrants that all UAS operations will be conducted in full compliance with all applicable Federal Aviation Administration (FAA) regulations, including but not limited to 14

CFR Part 107, and any other applicable local, state, or Federal laws and regulations.

Sponsors and subgrant recipients cannot use AIP grant funds to enter into, extend, or renew a contract related to covered unmanned aircraft systems (UAS). This includes both procurement and operational contracts, as well as contracts with entities that operate such systems.

2.11 PROHIBITION OF COVERED UNMANNED AIRCRAFT SYSTEMS (UAS)

The Bidder or Offeror certifies that it is aware of and will comply with applicable Federal statutes and regulations, including those of the Federal Aviation Administration (FAA), John Wayne Airport - DESIGN BUILD FOR VERTICAL CONVEYANCE PHASES 2 - 4 PROJECT, 280-3132302-RB (Step Two of a Two Step Procurement) Page 16 of 40 governing the operation and use of unmanned aircraft systems (UAS), including Section 936 of the FAA Reauthorization Act of 2024 (Public Law 118-63), codified at 49 U.S.C. § 44801 note.

The Bidder or Offeror further certifies that it will not use, and will not cause or permit the use of, AIP funds in connection with a contract for the operation, procurement, or contracting action with respect to a Covered UAS, or with an entity that operates a Covered UAS in the performance of the contract, in violation of applicable Federal law.

The Contractor shall comply with all applicable FAA requirements concerning UAS operations, including 14 CFR Part 107 where applicable.

SECTION 3. PROTEST PROCEDURES

Any actual or prospective bidder or respondent who alleges an error or impropriety in the solicitation or award of a contract may submit a grievance or protest to Ranique Beas at rbeas@ocair.com, as set forth herein.

PROTEST PROCEDURES

All protests shall be typed under the protestor’s letterhead and submitted in accordance with the provisions stated herein. All protests shall include at a minimum the following information:

A. The name, address, and telephone number of the protestor;

B. The signature of the protestor or the protestor’s representative;

C. The solicitation or contract number;

D. A detailed statement of the legal and/or factual grounds for the protest; and, E. The form of relief requested.

Protest of Solicitation Specifications:

A. All protests related to solicitation specifications must be submitted to the Deputy

Procurement Agent (DPA), Ranique Beas at rbeas@ocair.com, no later than five (5) business days prior to the Closing Date of the solicitation. Protests received after the five

(5) business-day deadline will not be considered by the County.

B. In the event the protest of specifications is denied, and the protestor wishes to continue in the solicitation process, the protestor must still submit a bid/response prior to the close of the solicitation in accordance with the solicitation submittal procedures provided in this solicitation.

Protest of Solicitation Results:

A. Protests related to the solicitation results must be submitted to the Deputy Procurement

Agent, Ranique Beas at rbeas@ocair.com, no later than five (5) business days after the

Notice of Solicitation Results is provided by the DPA.

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B. Protests relating to the solicitation results received after the five (5) business day deadline will not be considered by the County.

C. If the five (5) business day period expires without the receipt of a protest, the department may move forward with the the solicitation results, filing the item for approval by the

Board of Supervisors.

Protest Process

A. In the event of a timely protest, the County shall not proceed with the solicitation or award of the contract until the DPA issues a decision on the protest.

B. Upon receipt of a timely protest, the DPA will, within ten (10) business days of receipt of the protest, issue a decision in writing which shall state the reasons for the actions taken.

C. The County may, after providing written justification, make the determination that an immediate award of the contract is necessary to protect the substantial interests of the

County. The award of a contract shall in no way compromise the protester’s right to the protest procedures outlined herein.

D. If the protestor disagrees with the decision of the DPA, the protestor may submit a written appeal to the County Procurement Officer requesting an appeal to the

Procurement Appeals Board, in accordance with the process stated below.

APPEALS PROCESS

A. If the protestor wishes to appeal the protest decision of the Deputy Procurement Agent, the protestor must submit, within three (3) business days from receipt of the Deputy

Procurement Agent’s decision, a written appeal to the Office of the County Procurement

Officer.

Written appeals must be sent by mail to the address below with a courtesy copy by email;

County of Orange/County Executive Office

County Procurement Office

400 W. Civic Center Drive, 5th Floor

Santa Ana, CA 92701

Attn: County Procurement Officer

CPOAppeals@ceo.oc.gov mailto:CPOAppeals@ocgov.com

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B. Within fifteen (15) business days, the County Procurement Officer will review all materials in connection with the appeal, assess the merits of the protest and provide a written determination that shall contain his or her decision on whether the appeal shall be forwarded to the Procurement Appeals Board.

C. The decision of the County Procurement Officer on whether to allow the appeal to go forward will be final and there shall be no right to any administrative appeals of this decision.

SECTION 4. SCOPE OF WORK

4.1 GENERAL INFORMATION:

The objective of the project is it modernize existing elevator and escalator systems to address obsolete control technologies and aging components, successfully communicate and seamlessly integrate into the Building Management System (“BMS”) at JWA, improve system reliability and maintainability, enhance life safety and accessibility features, and achieve compliance with current California Building Code (“CBC”) and applicable safety standards, while supporting uninterrupted airport operations.

4.2 CONTRACTOR RESPONSIBILITIES:

[ENTER YOUR TEXT]

In accordance with the Criteria Documents “JWA Criteria Documents_P491 Vertical

Conveyance Systems Improvement Phases 2, 3, and 4”, the scope of work includes but is not limited to:

a. Full modernization of all (28) elevators and replacement of (3) escalators

i. While criteria documents assume that the structural trusses are suitable for re-use, contractor to provide alternate pricing for the full replacement of the structural trusses for all (3) escalators.

b. Demolish adjacent building and finishes where necessary to accommodate new elevators/escalator dimensions. This includes nearby walls, glazing, and other areas that potentially interfere with demolition of the existing elevators/escalators and installation of the new elevators/escalators.

c. Restore all building components, including glazing, finishes, etc.

d. Provide cost estimates per County of Orange requirements, review and confirm the initial budget, and provide continuous cost management to assure the design and construction costs remain within the budgeted cost estimate.

e. Commit to a Guaranteed Maximum Price (GMP).

f. Validate, verify and refine detailed Project Program.

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g. Verify the schedule is appropriate for the Project.

h. Confirm Project criteria are appropriate.

i. Develop the schematic design deliverables per County of Orange requirements.

j. Develop the design development deliverables per County of Orange requirements.

k. Develop the construction documents deliverables per County of Orange requirements.

l. Develop Building Information Models from project inception through design (LOD 300), construction (LOD 400-500), and closeout (LOD 500) in conformance with

County of Orange requirements.

m. Develop asset index database for incorporation into AssetWorks in conformance with County of Orange requirements.

n. Provide design phase services per County of Orange guidelines and as necessary to construct the Project. Procure all agency review, peer review and local agency approvals, and obtain permits as required. At each phase comply with design review and approval process per County of Orange requirements.

o. Provide construction planning, phasing, and scheduling, and execution during design and through construction completion and closeout service.

p. Develop and maintain a Project schedule that incorporates all tasks and approvals of all involved parties necessary to complete the Project within the contract durations.

q. Provide quality control and quality assurance.

r. Publicly advertise for trade subcontractors and prequalify trade contractors to comply with

County of Orange requirements.

s. Develop Trade Contractor Bid Packages and receive bids in the most logical, competitive, and seamless manner.

t. Pay prevailing wages and comply with prevailing wage laws.

u. Manage and administer the Project construction phase to achieve construction.

SECTION 5. SCORING CRITERIA

Phase 1 - Written Response Scoring: 500 points maximum

Phase 2 - Presentation/Interview Scoring: 400 points maximum

Phase 3 - Cost Proposal: 100 points maximum

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5.1 PHASE 1

No. Evaluation Criteria Scoring Method Weight…