SIR-RFO DTFAAC-14-R-05677 Radar Reloc.pdf

SOLICITATION, OFFER,

1. SOLICITATION NO. 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

AND AWARD DTFAAC-15-R-05677 X NEGOTIATED (RFO) 10/20/2014 1 of 66

(Construction, Alteration, or Repair)

IMPORTANT - THE "OFFER" SECTION ON THE REVERSE MUST BE FULLY COMPLETED BY OFFEROR.

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6.PROJECT NO./WORK ORDER NO.

AC-15-05677 FAA-WO-2013-007862

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

FAA, NAS Automation & Facilities Contracting Team (AAQ-721)

FAA Customer Service Desk (AAQ-700) Room 313, Multi-Purpose Building

6500 South MacArthur Boulevard 6500 South MacArthur Boulevard (Zip 73169) P.O. Box 25082 P.O. Box 25082 Oklahoma City, OK 73125-4929 Oklahoma City, OK 73125-4933 Email: kathleen.d.islas@faa.gov

9. FOR INFORMATION A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) CALL: Kathleen D. Islas (405) 954-8534

FIRM FIXED PRICE CONSTRUCTION SOLICITATION MMAC CARSR TRAINING CENTER

11. TABLE OF CONTENTS

() SEC DESCRIPTION PAGE(S) () SEC DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM 1-1a I CONTRACT CLAUSES 17 B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT 4 J LIST OF ATTACHMENTS 42

D PACKAGING AND MARKING 5 PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 6 K REPRESENTATIONS, CERTIFICATIONS AND OTHER

F DELIVERIES OR PERFORMANCE 7 STATEMENTS OF OFFERORS 43

G CONTRACT ADMINISTRATION DATA 9 L INSTRUCTIONS, CONDITIONS, AND NOTICES TO

OFFERORS

H SPECIAL CONTRACT REQUIREMENTS 11 M EVALUATION FACTORS FOR AWARD 62

10. The Government requires performance of the work described in these documents (Title, Identifying no., date):

THIS PROCUREMENT IS A 100% SET-ASIDE FOR COMPETITION LIMITED TO SMALL BUSINESSES.

(a) Project Specifications, “MMAC CARSR Training Center,” 897 pages

(b) Drawings titled “CARSR/BEACON 5 & 6 Relocation Project,” Job Number: 13-1248-G192B, 149 pages

THE ESTIMATED PRICE RANGE: $6,000,000 - $7,000,000

11. The Contractor shall begin performance within 15 calendar days and complete it within the number of calendar days specified in clause 3.2.2.3-71, after receiving award, X notice to proceed. This performance period is mandatory.

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 (See Part I, Section H, Clause H.3)

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in Original and NO copies to perform the work required are due at the place specified in Item 8 by 2:00 p.m. Central

(Oklahoma time), November 20, 2014.

B. An offer guarantee X is, is not required. IN THE AMOUNT OF 20% OF THE OFFERED PRICE, WHEN PROPOSAL

EXCEEDS $150,000. SEE PART II, SECTION I, CLAUSE 3.4.1-1.

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 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-102 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.2136-1(d)

OFFER (Must be fully completed by offeror) SIR No. DTFAAC-15-R-05677 PAGE 1a

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

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

Government 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.)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

(To be cited on the funding document issued hereunder.)

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

FAA, NAS, Automation & Facilities Contract FAA, Financial Operations Division (AMK-311) Management Team (AAQ-722) 6500 South MacArthur Boulevard 6500 South MacArthur Boulevard P.O. Box 25082 P.O. Box 25082 Oklahoma City, OK 73125-4304 Oklahoma City, OK 73125-4929

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this 29. AWARD (Contractor is not required to sign this doc.) Your document and return 1 copies to issuing office.) Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work, requisitions identified consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

30A. NAME AND TITLE OF CONTRACT OR PERSON AUTHORIZED TO SIGN

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

Kathleen D. Islas

30B. NAME OF CONTRACTOR 30C. DATE SIGNED 31B. UNITED STATES OF AMERICA 31C. DATE SIGNED

BY BY

(Signature of person authorized to sign) (Signature of Contracting Officer)

STANDARD FORM 1442 BACK (REV. 4-85)

SIR No. DTFAAC-15-R-05677

PART I ‐ SECTION B

SUPPLIES/SERVICES & PRICE/COST

CLA 1000

The contractor shall furnish all labor, tools, materials, equipment, and supplies, necessary to accomplish the construction project; MMAC CARSR Training Center at the Mike Monroney Aeronautical Center, Oklahoma City, OK, set forth below in accordance with (IAW) the attached project manual, drawings, and the other terms, conditions, and provisions as set forth herein.

The contractor shall complete the entire Work ready for occupancy and use not later than 300 calendar days after receiving notice to proceed.

ITEM NO. DESCRIPTION Unit TOTAL AMOUNT

0001 FIRM FIXED PRICE

New Common Air Route Surveillance Radar (CARSR) Training Center Contractor shall provide all labor, materials, and equipment necessary to construct a new CARSR training center IAW the Technical Specification, MMAC CARSR Training Center (Section J, Attachment 1) and Technical Drawings & Configuration, CARSR/BEACON 5& 6 Relocation Project (Section J, Attachment 2) LS $

0002 FIRM FIXED PRICE

Separate Storage Building and Container Pad Contractor shall provide all labor, materials, and equipment necessary to construct a new Separate Storage Building and Container Pad IAW the Technical Specification, MMAC CARSR Training Center (Section J, Attachment 1) and Technical Drawings & Configuration, CARSR/BEACON 5& 6 Relocation Project (Section J, Attachment 2) LS $

0003 *OPTION ITEM – FIRM FIXED PRICE

LED Interior Lighting Contractor shall provide all labor, materials, and equipment necessary to construct LED Interior Lighting IAW the Technical Specification, MMAC CARSR Training Center (Section J, Attachment 1) and Technical Drawings & Configuration, CARSR/BEACON 5& 6 Relocation Project (Section J, Attachment 2) *This is an optional line item to be exercised at the discretion of the Government LS $

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PART I ‐ SECTION C

SCOPE OF WORK

C.1 Statement of Work (SOW)

The contractor shall furnish all labor, tools, materials, equipment, and supplies, necessary to accomplish the construction project in accordance with the Technical Specifications, Project Drawings, and all other terms, conditions, and provisions as set forth herein this SIR.

C.2 Bid vs. Offer

References to the terms “bid”, “bidder”, etc. throughout the specification are intended to mean “offer”, “offeror”, etc.

C.3 Specifications and/or Drawings

The following specifications and/or drawings are applicable to this acquisition.

(a) Technical Specifications, “MMAC CARSR Training Center”, dated July 15, 2014, 897 pages (Section J, Attachment 1)

(b) Drawings titled “CARSR/BEACON 5 & 6 Relocation Project”, Job#: 13‐1248‐G192B, dated July 15, 2014, 149 pages (Section J, Attachment 2)

C.4 Emergency Situations and Exercises during Contract Performance CLA.4548 (September 2001)

(a) Emergency situations and exercises are temporary exceptions to the prohibition of contractor personnel not being subject to the direction and control of Government personnel when performing non‐ personal contract services in FAA facilities.

(b) All contractor personnel at a FAA work site or facility during an actual emergency shall conform to the procedures posted or directed by FAA officials responsible for emergency response at that site or facility.

Such officials include evacuation wardens/monitors, security personnel, Emergency Readiness Officers, management, etc.

(c) Contractor personnel shall participate in all emergency exercises, including evacuations, as part of performance under this contract. On rare occasions and based on advance arrangements that are then announced at the time of an exercise, contractor personnel will be excused from evacuations.

(d) Contractor management/supervisors shall ensure that each contractor employee assigned work in FAA facilities possesses a general awareness of emergency and evacuation procedures at all locations where the employees might be during an emergency or exercise. Information on emergency procedures may be requested from the Contracting Officer’s Technical Representative or a designated FAA contact point at the work site.

PART I ‐ SECTION D

PACKAGING AND MARKING

NOT APPLICABLE

The remainder of this page is intentionally left blank

PART I ‐ SECTION E

INSPECTION AND ACCEPTANCE

3.10.4‐10 Inspection of Construction (September 2009)

(a) 'Work' includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government.

All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not‐‐

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless the Government determines that it is in the public interest to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may:

(1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or

(2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(j) In the absence of any formal disputes, a project will be deemed physically and financially complete within one year after final acceptance and excess funds will be de‐obligated at that time.

3.10.4‐11 Inspection‐‐Dismantling, Demolition, or Removal of Improvements (April 1996)

(a) Unless otherwise designated by the specifications, all workmanship performed under the contract is subject to Government inspection at all times and places where dismantling or demolition work is being performed. The Contractor shall furnish promptly and without additional charge all reasonable facilities, labor, and materials necessary for safe and convenient inspection by the Government. The Government shall perform inspections in a manner that will not unduly delay the work.

(b) The Contractor is responsible for damage to property caused by defective workmanship. The Contractor shall promptly segregate and remove from the premises any unsatisfactory facilities, materials, and equipment used in contract performance, and promptly replace them with satisfactory items. If the Contractor fails to proceed at once in a workmanlike manner with performance of the work or with the correction of defective workmanship, the Government may:

(1) by contract or otherwise, replace the facilities, materials, and equipment or correct the workmanship and charge the cost to the Contractor and

(2) terminate for default the Contractor's right to proceed.

The Contractor and any surety shall be liable, to the extent specified in the contract for any damage or cost of repair or replacement.

PART I ‐ SECTION F

DELIVERIES OR PERFORMANCE

F.1 Working Hours

Work at the site shall be accomplished between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, excluding federally established holidays, except when prior approval has been obtained from the Contracting Officer. Approval for overtime work shall not be construed as an agreement for payment of overtime work.

F.2 Utility Outages and Shutdown

Utility outages and shutdown shall be coordinated with the Contracting Officer and Project Manager.

Outages affecting FAA operations are required to be accomplished at night, on weekends or designated government holidays. Prior to any outage or shutdown, ten (10) working days notification must be made to coordinate scheduling of any work to be performed during any hours.

F.3 Contractor Use of Premises

(a) General: Limit use of site and premises to allow:

(1) Owner occupancy

(2) Work by others

(b) Access to Site: Limited to area required for the construction of the MMAC CARSR Training Center.

F.4 Contractor’s Construction Schedule and Material Submittals

The contractor shall prepare and submit the construction work schedule and material submittals to the Contracting Officer (CO) for approval within fifteen (15) days of the date established for “Commencement of Work” in accordance with Section I, Clause 3.2.2.3‐56.

F.5 Accelerated Delivery (January 1997) CLA.1817

Any Schedule for delivery or performance may be expedited at the contractor's option, if without additional expense to the Government.

3.1‐1 Clauses and Provisions Incorporated by Reference (July 2011)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: http://conwrite.faa.gov .

3.10.1‐11 Government Delay of Work (April 1996) 3.10.1‐24 Notice of Delay (March 2009)

PART I ‐ SECTION G

CONTRACT ADMINISTRATION DATA

G.1 Release Form (January 1997) CLA.1227

The contractor will be required to execute Contractor's Release Form DOT F 4220.4 (2‐71) prior to final payment under the contract. (Note: A copy of Form DOT F 4220.4 (2‐71) is attached, Section J, for information purposes.)

G.2 Availability and Use of Utility Services (January 1997) CLA.1405

The contractor may use existing utilities without charge, if available; however, the contractor at his own expense and in a workman‐like manner satisfactory to the Contracting Officer, shall furnish, install, and maintain all necessary temporary connections and distribution lines, and shall remove same prior to final acceptance of the construction.

G.3 Payment Procedures CLA.2916

(a) The contractor shall submit original invoices, including applications for installment payments, directly to:

FAA, Mike Monroney Aeronautical Center Financial Operations Division (AMZ‐100) P.O. Box 25710 Oklahoma City, OK 73125‐4913

(b) Payment for work performed or items furnished under this contract is subject to approval by the Contracting Officer. Upon contractor compliance with Section F, paragraph F.4, the contractor shall submit 2 copies of all invoices, including applications for installment payments, to the following addressees:

FAA, Mike Monroney Aeronautical Center Contract Management Team (AAQ‐722) P.O. Box 25082 Oklahoma City, OK 73l25

FAA, Mike Monroney Aeronautical Center Facility Management, A&E Division (AMP‐400) 6500 South MacArthur Boulevard, Ste 303 Oklahoma City, OK 73125

(c) Each invoice, including applications for installment payments, must reflect the contract number, delivery order number, and a description of the work, services, or items being invoiced.

G.4 Deliveries to the Mike Monroney Aeronautical Center (MMAC) (January 2002) CLA.4550

(a) Security procedures at the MMAC require that all mail, materials, packages or parcels of any kind be delivered to a central screening point, for inspection by the FAA. This affects mail and other deliveries destined for all organizations located on MMAC property, including government organizations, contractors and permit holders. After passing security inspection, the mail or material may be handled and delivered by the FAA. FAA will make every reasonable effort to conduct inspections and handle items in a careful manner so as to avoid damage or delay.

(b) This inspection is for the benefit of the FAA only. The FAA makes no representation that any material passing inspection is without hazard, poses no threat, or that it conforms in form, fit, function or quantity to the expectations of the intended recipient.

(c) The FAA shall not be liable for any 1) loss, damage or shortage of any mail or materials, 2) injury, or

3) delay in performance resulting from such inspection and handling, unless liable under the Federal Tort Claims Act (28 U.S.C. 2671‐2680).

(d) Any item destined for the contractor that fails to pass inspection remains the property of the contractor, who is responsible for its disposition and coordination with law enforcement agencies as necessary.

3.10.1‐23 Contracting Officer's Representative‐Construction Contracts (April 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 15 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.

PART I ‐ SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 Exercise of Option Contract Line Items (CLINs)

The Government may exercise Option Line Item (CLIN 0003), at the prices established in Section B.

Exercise of the optional items must be made in writing by the Contracting Officer within 270 calendar days of contract award.

H.2 Permits and Responsibilities

The Contractor shall secure and pay for all permits, licenses, special inspections, etc., required in the execution of the work, whether of a permanent or temporary nature.

H.3 Submission of Contract Performance and Payment Bonds (This clause is applicable when contract price exceeds $150,000, or any other amount when in the best interest of the Government.)

(a) Pursuant to AMS Clauses 3.4.1‐4, Performance Bond Requirements, and 3.4.1‐5, Payment Bond Requirements, incorporated herein by reference, the contractor shall within 15 calendar days after the award of the contract deliver to the Contracting Officer ‐

(1) A Performance Bond on Standard Form 25 in a penal sum equal to 100 percent of the contract price; and

(2) A Payment Bond on Standard Form 25‐A in a penal sum equal to 100 percent of the contract price.

(b) Copies of Standard Form 25 and Standard Form 25‐A are attached and listed at Section J.

(c) Each bond shall also be accompanied by a Power of Attorney whereby the surety company authorized the execution of the bond by its agent or employee.

(d) Each bond shall remain in full force and effect through the entire term of the contract, including extensions and warranty/guarantee periods, if any.

H.4 Accident and Fire Reporting

(a) The Contractor shall report to the Contracting Officer any accident or fire occurring at the site of the work which causes:

(1) A fatality or as much as one lost workday on the part of any employee of the Contractor or subcontractor at any tier;

(2) Damage of $1,000 or more to Federal property, either real or personal;

(3) Damage of $1,000 or more to Contractor or subcontractor owned or leased motor vehicles or mobile equipment; or

(4) Damage for which a contract time extension may be requested.

(b) Accident and fire reports required by paragraph (a) above shall be accomplished by the following means:

(1) Accidents or fires resulting in a death, hospitalization of five or more persons, or destruction of Federal property (either real or personal), the total value of which is estimated at $100,000 or more, shall be reported immediately by telephone to the Contracting Officer or his/her authorized representative and shall be confirmed by telegram or facsimile transmission within 24 hours to the Contracting Officer. Such telegram or facsimile transmission shall state all known facts as to extent of injury and damage and as to cause of the accident or fire.

(2) Other accident and fire reports required by paragraph (a) above may be reported by the Contractor using a state, private insurance carrier, or Contractor accident report form which provides for the statement of:

(i) The extent of injury; and

(ii) The damage and cause of the accident or fire.

Such report shall be mailed or otherwise delivered to the Contracting Officer within 48 hours of the occurrence of the accident or fire.

(c) The Contractor shall assure compliance by subcontractors at all tiers with the requirements of this clause.

H.5 Environmental, Safety and Health (April 2010) CLA.0090

(a) The Contractor shall ensure that no person employed on this contract works in surroundings or under conditions that are unsanitary, hazardous, or dangerous to their health or safety. The contractor shall also ensure that all employees receive appropriate and required training for safety, health, environmental, and equipment operations. In fulfilling these requirements, the Contractor shall comply with:

(1) Applicable Federal, State, and local environmental and safety requirements. This includes, but is not limited to, requirements contained in the U.S. Code of Federal Regulations (e.g. 29 CFR, 42 CFR, and 40 CFR) and/or requirements issued by the Oklahoma Department of Environmental Quality and the Oklahoma Corporation Commission.

(2) Supplemental Federal and FAA environmental, safety and health requirements contained in Executive Orders, FAA, and Mike Monroney Aeronautical Center (MMAC) Environmental, Safety and Health Orders, or elsewhere in the contract. Other standards used by the FAA include those sponsored by the National Fire Protection Association (NFPA), the American National Standards Institute (ANSI), the American Society of Testing and Materials (ASTM), etc. This list of standards or laws is not inclusive.

(3) The MMAC Environmental Policy that states:

“The Mike Monroney Aeronautical Center is fully committed to the Administrator’s Environmental Management Policy to achieve and maintain excellence and leadership in protecting the environment, and the health and safety of its employees and neighbors. In keeping with this commitment, we will accomplish our mission in a manner that will minimize environmental consequences. All organizations at the Aeronautical Center are responsible to ensure that environmental considerations are integrated into their daily activities and operations to:

Ensure compliance with all applicable environmental requirements

Minimize pollution and waste

Conserve natural resources and improve energy efficiency

Continually improve environmental performance Aeronautical Center personnel shall be committed to this policy by providing products and services in a manner that demonstrates our good stewardship of the environment.”

(4) The requirements of the MMAC Environmental Management System (EMS) are modeled after the specifications found in the International Standard for Environmental Management, ISO 14001 (2004). The MMAC EMS requires that all contractors that provide goods and services that can affect MMAC’s environmental programs shall, prior to start of performance of work under this contract:

(i) Ensure that all employees supporting the contract work activities are:

Aware of the MMAC Environmental Policy as set forth in paragraph (a)(3) above;

Aware of and conform with the Operational Control documents referenced as attachments in Section J of this solicitation/contract;.

Competent to perform assigned job functions and maintain appropriate records of training or equivalent experience as identified in the above referenced Operational Control documents. Such records shall be made available to the CO or COR upon request.

(ii) Ensure that employees requiring unescorted access to the site have received the MMAC Environmental Management System (EMS) General Awareness Briefing. This training is available on‐line at:

https://employees.faa.gov/org/centers/mmac/employee_services/saf/training/index.cfm?training=ma ndatory_training.

(iii) Complete and sign the “Certification of Contractor Conformance to the MMAC EMS” included in Section K of this solicitation/contract. Contractor’s signature of this certification certifies that the contractor has verified that all MMAC EMS requirements have been or will be met and that work performed hereunder shall be in conformance with the MMAC EMS. Submission of this certification is a prerequisite for contract award.

(5) The MMAC Occupational Safety and Health (OSH) Policy which states:

“The FAA Mike Monroney Aeronautical Center is dedicated to excellence and leadership in protecting the environment and the safety and health of our employees and neighbors. It is our policy to ensure that employees, contractors, students, and visitors are provided with workplaces that are free from recognized hazards that may cause death, illness, or injury. In keeping with this commitment, we will implement, maintain, and continually improve our safety and health performance by utilizing a comprehensive Occupational Safety and Health Management System which:

Ensures compliance with all applicable occupational safety and health requirements

Identifies hazards, assesses risks, and implements controls

Prevents injury and illness

Establishes safety and health metrics Aeronautical Center personnel demonstrate their commitment to this policy by providing products and services in a manner that ensures a safe and healthy work environment for employees, contractors, students and, visitors.”

(6) The requirements of the MMAC Occupational Safety and Health System (OSHMS) are modeled after the specifications found in the Occupational Health and Safety Assessment Series, BS OHSAS 18001:2007. The MMAC OSHMS requires that all contractors that provide goods and services that can affect MMAC’s occupational safety and health programs shall, prior to start of performance of work under this contract:

(i) Ensure that all employees supporting the contract work activities are:

Aware of the MMAC Occupational Safety and Health Policy as set forth in paragraph (a)(5) above;

Aware of and conform with the Operational Control documents referenced as attachments in Section J of this solicitation/contract;.

Competent to perform assigned job functions and maintain appropriate records of training or equivalent experience as identified in the above referenced operational control documents. Such records shall be made available to the CO or COR upon request.

(ii) Ensure that contract employees requiring unescorted access to the site have received the MMAC Occupational Safety & Health Management System ‐ 18001 – Awareness Briefing.

This briefing/ training is available on‐line at:

https://employees.faa.gov/org/centers/mmac/employee_services/saf/training/index.cfm?training=ma ndatory_training

(iii) Complete and sign the “Certification of Contractor Conformance to the MMAC OSHMS” included in Section K of this solicitation/contract. Contractor’s signature of this certification certifies that the contractor has verified that all MMAC OSHMS requirements have been or will be met and that work performed hereunder shall be in conformance with the MMAC OSHMS. Submission of this certification is a prerequisite for contract award.

(b) If the Contractor works more than 1000 employee‐hours in one quarter on the MMAC Campus, the Contractor shall prepare and submit an annual report of injury and illness information regarding this workforce as specified in 29 CFR 1904. The report shall be submitted to the Contracting Officer not later than November 30 of each year and contain the following information (Note: the following references to fiscal year refer to the Governmental fiscal year, October 1 through September 30):

(1) The number of employee‐hours worked during the preceding fiscal year;

(2) The number of OSHA recordable cases (defined as mishaps that result in fatalities, lost workdays, medical treatment, restricted workdays or a loss of consciousness) that occurred during the preceding fiscal year;

(3) The number of cases which resulted in days away and/or restricted/transferred duty that occurred during the preceding fiscal year.

(c) If there are conflicts between any of the requirements referenced in this contract, the more stringent requirement will prevail.

(d) If the Contractor fails or refuses to promptly comply with any environmental, safety or health requirements stated in this Clause, the Contracting Officer’s Representative (COR) will notify the Contractor of any such noncompliance and the Contractor shall take immediate corrective action.

Such notice, whether oral or written, when served on the Contractor or any of its employees at the site of the work, shall be deemed sufficient. All oral notices will be followed up with a written notice to the Contractor. If the Contractor fails or refuses to promptly correct the condition, the COR may stop all or any portion of the work. When satisfactory corrective action has been taken, the contractor shall request permission to resume work from the COR. No time extension or additional costs, resulting from the directive to stop work shall be allowed. Failure of the COR to provide notice of noncompliance or to stop work shall not relieve the Contractor of its responsibility for the safe performance of the work.

(e) The Contractor shall require contract personnel to wear personal protective equipment when it is necessary because of the hazards on the job and in most instances will provide the equipment and corresponding training, except that which has been specified to be furnished by FAA. All personal protective equipment worn by contractors shall comply with applicable industry standards.

(f) Contractors shall include a clause in all subcontracts to require subcontractors to comply with this clause.

H.6 Notification Requirements When Friable Asbestos Material is Removed/ CLA.1231 Disturbed (January 1997)

(a) Prior to any planned and/or scheduled disturbance of friable asbestos material, mainly CAFCO ceilings, the contractor shall present a written plan to the Contracting Officer. The plan shall include, but not be limited to, location, type facility, size of area to be disturbed or removed, method of containment to be used, disposal procedures, clean‐up procedures, number of employees involved, protective clothing/equipment to be used, the date and time removal/disturbance is planned and any other information requested by the Contracting Officer. The contractor shall not proceed with any removal or disturbance of friable asbestos material without written approval from the Contracting Officer.

(b) If during the performance of the contract the contractor inadvertently disturbs friable asbestos material, mainly CAFCO ceilings, the contractor shall immediately cease operations and notify the Contracting Officer. The contractor shall remain at the site of disturbance for the Contracting Officer's instructions.

H.7 Agreement to Participate in Alternative Dispute Resolution CLA.4540 (April 1998)

(a) The Federal Aviation Administration encourages direct communications and negotiations between the contractor and the contracting officer in an attempt to resolve contract disputes. In those situations where the parties are not able to achieve resolution at the contracting officer level, the agency favors the use of alternative dispute resolution (ADR) techniques to resolve disputes.

(b) The parties hereby agree that, prior to referring a contract dispute to the Office of Disputes Resolution as described in contract clause 3.9.1‐1 “Contract Disputes”, the parties will discuss whether they are willing to utilize ADR techniques such as mediation or nonbinding evaluation of the dispute by a neutral party. Upon receipt of a contract dispute from the contractor, the contracting officer will explore with the contractor whether the use of ADR techniques would be appropriate to resolve the dispute. Both parties must agree that the use of such techniques is appropriate, and agree to fairly share the associated expenses. If the parties do not mutually agree to utilize ADR to resolve the dispute, the dispute will be processed in accordance with the procedures set forth in clause 3.9.1‐1.

H.8 Notice of Contractor Testimony CLA.4555 (September 2006)

(a) The contractor shall notify the Contracting Officer promptly in writing of its intention, or the intention of its employees, subcontractors of any tier, or subcontractor employees, either voluntarily or under compulsion of competent authority, to provide sworn testimony on any matter related to or arising under the work required by and/or performed under, this contract. Such written notification at a minimum shall consist of the date and time of the testimony, identification of the court, board, or other body before which the testimony is made, the nature of the testimony to be given to the extent it is known at the time of this report, the nature of the contractor’s involvement in the proceeding and any other circumstances related to the work performed under or related to the contract and the proceeding in which the testimony will be taken.

(b) The contractor shall include the substance of this clause, including this paragraph (b), in all subcontracts executed under this contract and shall require all subcontractors to provide the required report to the contractor.

H.9 Personnel and Supervision CLA.4556 (October 2006) The contractor shall designate sufficient supervisory personnel to meet task outcomes. Contract supervisors will provide day‐to‐day supervision of contract personnel including, but not limited to, work monitoring, payroll records, leave, etc. At no time will FAA personnel assume any responsibility for the supervision of contractor personnel. Government assistance will be available to provide technical and policy guidance through the assigned COR.

H.10 Strikes or Picketing Affecting Timely Completion of the Contract Work CLA.4557 (September 2006) Notwithstanding any other provision hereof, the Contractor is responsible for delays arising out of labor disputes, including but not limited to strikes, if such strikes are reasonably avoidable. A delay caused by a strike or by picketing which constitutes an unfair labor practice is not excusable unless the Contractor takes all reasonable and appropriate action to end such a strike or picketing, such as the filing of a charge with the National Labor Relations Board, the use of other available Government procedures, and the use of private boards or organizations for the settlement of disputes.

3.1.9‐1 Electronic Commerce and Signature (July 2013)

(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. Contractors may use the following means of electronic signature technology: PIN numbers or passwords, digital signature technology, smart cards.

PART II ‐ SECTION I

CONTRACT CLAUSES

I.1 Save Harmless and Indemnity Agreement CLA.3211 (January 1997) The contractor shall save and keep harmless and indemnify the Government against any and all liability, claims, and costs of whatsoever kind and nature of injury to or death of any person or persons and for loss or damage to any property (Government or otherwise) occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work in connection with this contract, resulting in whole or in part from the negligent acts, fault or omissions of the contractor, any subcontractor, or any employee, agent, or representative of the contractor or any subcontractor.

I.2 Liability Insurance CLA.3212 (January 1997)

(a) Pursuant to AMS 3.4.1‐10, Insurance‐‐Work on a Government Installation, the insurance required of the contract during contract performance is:

(1) Workers' compensation and employer's liability as required by applicable Federal and Oklahoma State workers' compensation and occupational disease statutes. Employer's liability coverage shall be not less than $100,000.

(2) General liability coverage written on the comprehensive form of policy providing limits of liability for bodily injury of not less than $500,000 for each occurrence and property damage limits of liability of not less than $100,000 for each accident.

(3) Automobile liability (applicable to vehicles used in connection with contract performance) written on the comprehensive form of policy providing coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage.

(b) The policy shall name "The United States of America, acting by and through the Federal Aviation Administration" as an additional insured with respect to operations performed under this contract.

(c) The policy shall include the following provision: "It is a condition of this policy that the insurer shall furnish written notice to the Federal Aviation Administration (certificate holder) 30 days in advance of any reduction in or cancellation of this policy."

(d) Certificate holder address:

FAA‐Mike Monroney Aeronautical Center NAS Automation & Facilities Contract Management Team (AMQ‐240) P. O. Box 25082 Oklahoma City, OK 73l25

(e) At any time during contract performance and upon request of the Contracting Officer, the contractor shall provide a certified true copy of the liability policy and manually countersigned endorsements of any changes thereto.

3.1.8‐1 Cancellation, Rescission and Recovery of Funds for Illegal or Improper Activity (October 2009)

(a) If the Government receives information that a contractor or person has engaged in conduct constituting a violation of subsection (a), (b), (c), or (d) of section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423) (the Act), as amended by section 4304 of the National Defense Authorization Act for Fiscal Year 1996 (Pub. L. 104‐106), the Government may‐

(1) Cancel the screening information request, if the contract has not been awarded or issued; or

(2) Rescind the contract with respect to which‐

(i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct constitutes a violation of subsection 27 (a) or (b) of the Act for the purpose of either‐

(A) Exchanging the information covered by such subsections for anything of value; or

(B) Obtaining or giving anyone a competitive advantage in the award of an FAA procurement contract; or

(ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor, or someone acting for the Contractor has engaged in conduct constituting an offense punishable under subsection 27 (e)(1) of the Act.

(b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract.

(c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law, regulation, or under this contract.

3.1.8‐2 Price or Fee Adjustment for Illegal or Improper Activity (April 2010)

(a) The Government, at its election, may reduce the price of a fixed‐price type contract and the total cost and fee under a cost‐type contract by the amount of profit or fee determined as set forth in paragraph (b) of this clause if the FAA Acquisition Executive or designee determines that there was a violation of subsection 27 (a), (b), or (c) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423), as implemented in the FAA's Acquisition Management System (AMS).

(b) The price or fee reduction referred to in paragraph (a) of this clause shall be‐

(1) For cost‐plus‐fixed‐fee contracts, the amount of fee specified in the contract at the time of award;

(2) For cost‐plus‐incentive‐fee contracts, the target fee specified in the contract at the time of award, notwithstanding any minimum fee or "fee floor" specified in the contract;

(3) For cost‐plus‐award‐fee contracts‐

(i) The base fee established in the contract at the time of contract award;

(ii) If no base fee is specified in the contract, 30 percent of the amount of each award fee otherwise payable to the Contractor for each award fee evaluation period or at each award fee determination point.

(4) For fixed‐price‐incentive contracts, the Government may‐

(i) Reduce the contract target price and contract target profit both by an amount equal to the initial target profit specified in the contract at the time of contract award; or

(ii) If an immediate adjustment to the contract target price and contract target profit would have a significant adverse impact on the incentive price revision relationship under the contract, or adversely affect the contract financing provisions, the contracting officer may defer such adjustment until establishment of the total final price of the contract. The total final price established in accordance with the incentive price revision of the contract shall be reduced by an amount equal to the initial target profit specified in the contract at the time of contract award and such reduced price shall be the total final contract price.

(5) For firm‐fixed price contracts, by 10 percent of the initial contract price or a profit amount determined by the Contracting Officer from records or documents in existence prior to the date of the contract award.

(c) The Government, may, at its election, reduce a prime contractor's price or fee in accordance with the procedures of paragraph (b) of this clause for violations of the Act by its subcontractors by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was first definitively priced.

(d) In addition to the remedies in paragraph (a) and (c) of this clause, the Government may terminate this contract for default. The rights and remedies of the Government specified herein are not exclusive and are in addition to any rights and remedies provided by law or under this contract.

3.2.2.3‐39 Requirements for Certified Cost or Pricing Data or Other Information ‐Modifications (July 2010)

(a) When there are price adjustments in the contract, the Contractor (you, your) must submit the following:

(1) A certificate of current cost or pricing data (CCCPD) described in paragraph (e), or

(2) For non‐certified current cost or pricing data (CPD), a request for an exception to CCCPD.

You must request this exception from the CO in writing with the following types of information or data that would establish the reasonableness of the prices you offer:

(i) Information on an exception you received on earlier or repetitive acquisitions;

(ii) Catalog price information including:

(A) A dated catalog with the prices;

(B) The applicable catalog pages; or

(C) A statement that the catalog is on file in the contracts office that will issue this contract modification;

(iii) Information on the current discount policies and price lists (published or unpublished), for example wholesale, original equipment manufacturer, and reseller;

(iv) Evidence of substantial sales to the general public for catalog items that exceed $25,000. Your evidence may consist of verifiable records such as a sales order, contract, shipment, invoice, actual recorded sales; or sales by your affiliates, other manufacturers or vendors when your price proposal is based on sales of essentially the same commercial item. You must also explain the relationship of the offered price to the (1) established catalog price, or (2) the price of recent and substantial sales of similar quantities of the items that were sold to the general public at prices that differ from catalog or list prices;

(v) The basis for the market price including:

(A) The source, date or period of the market quotation;

(B) Any other basis for the market price, the base amount, and…