RFO.pdf

OFFEROR'S COPY VOLUME l

DEPARTMENT OF

SOLICITATION NO: DTFANM-15-R-00014

TRANSPORTATION

ISSUE DATE: JANUARY 5, 2015

PROPOSAL DUE DATE: JANUARY 29, 2015

FOR: PERIMETER FENCE INSTALLATION

LOCATION:

FALCON FIELD-MESA AZ

SUBMIT OFFERS TO:

SEE SECTION L

WESTERN LOGISTICS SERVICE AREA

CONTRACTING OFFICER: MATTHEW BENBOW

TABLE OF CONTENTS

SEC DESCRIPTION SEC DESCRIPTION

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES

B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LISTS OF DOCUMENTS, EXHIBITS, & OTHER ATTACH.

C DESCRIPTION/SPECS/WORK STATEMENT J LISTS OF ATTACHMENTS

D PACKAGING AND MARKING PART IV - REPRESENTATIONS & INSTRUCTIONS

E INSPECTION AND ACCEPTANCE K REPRESENTATIONS, CERTIFICATIONS, AND

F DELIVERIES OR PERFORMANCE OTHER STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION DATA L INSTRS, CONDS, AND NOTICES TO OFFEROR

H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

This acquisition is:

[ X ] Competitive Proposals

100% SET ASIDE FOR SEDB

OMB Control No. 2120-0595 (SF-1442) FAA Template No. 3 (8/97)

SOLICITATION, OFFER, AND

AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

DTFANM-15-R-00014

2. TYPE OF SOLICITATION

NEGOTIATED (RFO)

3. DATE ISSUED

January 5, PAGE OF PAGES

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

N/A

7. ISSUED BY

DOT/FEDERAL AVIATION ADMINISTRATION

ACQUISITION MANAGEMENT BRANCH AAQ-530

1601 LIND AVE SW

RENTON, WA 98057

8. ADDRESS OFFER TO

FEDERAL AVIATION ADMINISTRATION

MATTHEW BENBOW AAQ-530

1601 LIND AVE SW

RENTON, WA 98057

9. FOR INFORMATION

CALL:

A. NAME

MATTHEW BENBOW

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

425-227-2058

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, Identifying no., date):

CONSTRUCTION SPECIFICATIONS AND DRAWINGS:

FURNISH ALL BADGES, LABOR, MATERIALS, EQUIPMENT, TRANSPORTATION, BONDS,

INSURANCE, NOTIFICATION, LICENSES, PERMITS, FEES, INSPECTIONS, TESTING, SCHEDULING, REPORTING, SUBMITTALS, AND SUPERVISION NECESSARY TO PERFORM ALL WORK

ASSOCIATED WITH THE CONSTRUCTION OF A SECURITY FENCE AT FALCON FIELD, IN MESA,

AZ, IN ACCORDANCE WITH THE SPECIFICATIONS, DRAWINGS, CONTRACT CLAUSES AND

WAGE RATES.

11. The Contractor shall begin performance within 7 calendar days and complete it within 45 working days after receiving award, notice to proceed. This performance period is mandatory, negotiable.

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and one (1) copies to perform the work required are due at the place specified in Item 8 by 12:00 noon (hour) local time 01/29/2015 (date): Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

DTFAWN-15-R-00014

OFFER (Must be fully completed by offeror)

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. (Offerors providing less than the calendar days indicated here for Government acceptance after the date offers are due will not be considered and offer will be rejected.)

AMOUNTS

Materials $ Labor $ Total $

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN (Type or print)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. RESERVED.

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consist of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO

SIGN (Type or print)

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

MATTHEW BENBOW

30B. SIGNATURE 30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD

DATE

PART I - SECTION B

SUPPLIES/SERVICES & PRICE/COST

THE CONTRACTOR SHALL FURNISH ALL BADGES, LABOR, MATERIALS, EQUIPMENT,

TRANSPORTATION, BONDS, INSURANCE, NOTIFICATION, LICENSES, PERMITS, FEES, INSPECTIONS, TESTING, SCHEDULING, REPORTING, SUBMITTALS, AND SUPERVISION NECESSARY TO PERFORM ALL

WORK ASSOCIATED WITH THE CONSTRUCTION OF A SECURITY FENCE AT FALCON FIELD, IN MESA, AZ, IN ACCORDANCE WITH THE SPECIFICATIONS, DRAWINGS, CONTRACT CLAUSES AND WAGE RATES.

B001

Contract Line Item Description Quantity Total

DIVISION 1 - GENERAL

REQUIREMENTS

DIVISION 2 - SITE WORK

DIVISION 13 – SPECIAL

CONSTRUCTION

DIVISION 16 - ELECTRICAL

OTHER

CLINS 001-005 Total $___________________

The offered price shall encompass all costs related to (a) direct and indirect labor, fringe benefits, overhead, G&A expenses, profit, material, equipment, other direct costs, insurance, freight, handling, transportation, inspection, testing, operation and maintenance manuals, bonds, etc., (b) federal, state, and local taxes, (c) all applicable fees permits, licenses, and (d) any miscellaneous charges.

Effective April 1, 1996, the Federal Aviation Administration (FAA) began operating under the new FAA Acquisition Management System. The 1996

DOT Appropriation Act, Public Law 104-50, mandated that the FAA rewrite its acquisition regulations and granted legislative relief from certain laws. The Federal Acquisition Regulations (FAR), Federal Acquisition Streamlining Act of 1994, Small Business Act, and Competition in Contracting

Act, are three of these laws.

B002. FAA INSURANCE REQUIREMENTS: Worker’s compensation and employer’s liability.

a. The Contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance. Vendor should check with Airport Authority to determine if additional insurance is required:

Type Amount

Automobile Liability $ 200,000 per person

Bodily Injury Liability $ 500,000 per occurrence

Property Damage $ 200,000 per occurrence

Comprehensive General Liability

Bodily Injury $ 500,000 per occurrence

Workers’ Compensation and Employers’ Liability

Workers’ Compensation and occupational Disease Statutory, but see below

Employer’s Liability $100,000.00

B003. SMALL BUSINESS. This procurement is being set aside exclusively for competition among SBA certified

8(a) Business Concerns only, Small businesses competing for this acquisition shall certify their status on the Business

Declaration form inserted following Part IV, Section K. The applicable North American Industry Classification

System (NAICS) Code is: 238990, All Other Specialty Trade Contractors with a size standard of $14 Million.

B004. PERIOD OF PERFORMANCE. 70 calendar days from issuance of NTP

B005. SITE VISIT. There will be an OPTIONAL site visit - information will be updated soon to the FAA Contract

Opportunities website. Contractors are highly encouraged and expected to attend. See Section “L” 3.2.2.3-63 Site

Visit (Construction) (July 2004)

B006. BADGES, Offeror is responsible for obtaining all necessary badges prior to NTP.

Per clause 3.2.2.3-41 Performing Work (July 2004), the Prime Contractor is required to perform 35%of the work with their own forces. See Section I for the complete details.

THE ESTIMATED PRICE RANGE FOR THIS PROJECT IS BETWEEN $250,000.00 AND $500,000.00

DAVIS BACON WAGE RATES APPLY - SEE SECTION “J”.

OFFERS SHALL INCLUDE ALL APPLICABLE STATE AND LOCAL TAXES.

SUBMIT OFFERS TO: SEE SECTION “L”

THIS IS A REQUEST FOR OFFERS, THUS NO FORMAL BID OPENING WILL OCCUR AND RESULTS

WILL NOT BE AVAILABLE BY TELEPHONE. DO NOT CALL FOR RESULTS!

PART I - SECTION C

SCOPE OF WORK

See Specifications

PART I - SECTION D

PACKAGING AND MARKING

Intentionally left blank

PART I - SECTION E

INSPECTION AND ACCEPTANCE

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.

(End of clause)

3.10.4-10 Inspection of Construction (September 2009) http://conwrite.faa.gov/

PART I - SECTION F

DELIVERIES OR PERFORMANCE

Intentionally left blank

PART I - SECTION G

CONTRACT ADMINISTRATION DATA

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.

3.2.2.3-62 Preconstruction Conference (July 2004)

The successful offeror must attend a pre-construction conference at a site the Contracting Officer designates before starting the work.

3.10.1-19 Modification Cost Proposal - Price Breakdown (Construction) (April 1996)

(a) The contractor, in connection with any proposal it makes for a contract modification, shall furnish a price breakdown, itemized as required by the Contracting Officer. The breakdown shall be in enough detail to permit an analysis of all material, labor, equipment, subcontract, and overhead costs, as well as profit, and shall cover all work involved in the modification, whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by similar price breakdowns from those subcontractors.

(b) In addition, if the proposal includes a time extension, a justification thereof shall also be furnished. Notwithstanding any other provisions of this contract, it is mutually understood that the time extension for changes in the work will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of work. The contract completion dates will be extended only for those specific elements so delayed and the remaining contract completion dates for all other portions of the work will not be altered.

(c) The proposal, together with the price breakdown and time extension justification, shall be furnished by the date specified by the Contracting Officer.

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 5 calendar days prior to the notice to proceed. COR duties may include, but are not limited to:

(1) Perform as the authorized representative of the Contracting Officer for technical matters, including interpretation of specifications and drawings, and inspection and review of work performed.

(2) Perform as the authorized representative of the Contracting Officer for administrative matters, including reviewing payments, and updated delivery schedules.

(b) These representatives are authorized to act for the Contracting Officer in all specifically delegated matters pertaining to the contract, except:

(1) contract modifications that change the contract price or cost, technical requirements or time for performance, unless delegated field change order authority;

(2) suspension or termination of the Contractor's right to proceed, either for default or for convenience;

(3) final decisions on any matters subject to appeal, e.g., disputes under the "Contract Disputes" clause; and

(4) final acceptance under the contract.

G001. Correspondence

Proper routing and distribution of correspondence is required to insure that the Contracting Officer has knowledge of pertinent action taken relating to the contract. The Contractor shall furnish to the contracting Officer copies of ALL written correspondence provided to the Contracting Officer’s Technical Representative (COTR), including transmittal letters. Submittals accompanying transmittal letter to the CORT shall not be forwarded to the Contracting Officer.

Federal Aviation Administration

Western Logistic Service Area

ATTN: Matthew Benbow, AAQ-530

1601 Lind Avenue, S.W.

Renton, Washington 98057-3356

G002. Invoice Submission

Partial payments based on actual project completion are authorized under this contract. Payment will be made at a rate of

100% of progress, without retainage, until the project has reached 90% of the project value. The remainder will be paid upon project completion and acceptance.

Payrolls must be submitted along with any application for payment. Fringe benefits paid, if any, must be clearly identified.

G003. Subcontract Acknowledgement

Within ten (10) calendar days after contract award of any tier subcontract for performance or work at the construction site, the contractor shall deliver to the Contacting Officer an executed SF 1413, Statement and Acknowledgement form by which the contactor and the subcontractor acknowledges that the labor standard clauses of this contract have been included in the subcontract and in any lower tier subcontract awarded by her/him for work under this contract (also reference contract clause 3.6.2-22 Subcontracts (Labor standards)). The Contracting Officer shall furnish copies of the form to the contractor. Nothing contained in this contract shall create any contractual relation between a subcontractor and the Government.

G004. Bond Requirement:

Bid, Performance and Payment bonds are required and shall be submitted within ten (10) calendar days of written notice of contract award. The penal sums are as follows:

a. The contractor is required to submit a performance bond in a penal amount equal to 100 percent of the contract price within the time stated above.

b. The contractor is required to submit a payment bond in a penal amount equal to 100 percent of the contract price within the time stated above.

c. The contractor is required to submit a bid bond in a penal amount equal to 20 percent of the contract price at the time of proposal submission.

PART I - SECTION H

SPECIAL CONTRACT REQUIREMENTS

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.

3.1.9-1 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 to include digital signatures.

(End of Clause)

H001. Clean Up

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials.

Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

H002. FAA Facility Regulations

Contractor personnel, including employees of subcontractors, suppliers, etc., working on or visiting an FAA facility shall abide by all appropriate traffic, parking, security, and airport regulations in effect at that facility.

H003. Applicable Minimum Hourly Rates of Wage

(a) The wage determination decision of the Secretary of Labor in this contract specifies the minimum hourly rates of wages which shall be paid to laborers and mechanics employed or working upon the site of the work. These rates have been determined by the Secretary of Labor in accordance with the provisions of the Davis-Bacon Act, as amended, to be the prevailing rates for the corresponding classes of laborers employed on contracts of a similar character in the locality where this work is to be performed.

(b) While the wage rates given in the decision are the minimum rates required to be paid during the life of the contract, it is the responsibility of bidders to inform themselves as to local labor conditions such as the prevailing wage rates, the length of the work day and work week, overtime compensation fringe benefit payments, available labor supply, and prospective changes or adjustment to wage rates. The contractor shall abide by and conform to all applicable laws, Executive Orders, and rules, regulations and orders of the Secretary of Labor. No increase in the contract price shall be allowed or authorized on account of the payment of wage rates in excess of those listed in the contract wage determination decision.

(c) The wage determination decision of the Secretary of Labor in the contract is solely for the purpose of setting forth the minimum hourly wage rates required to be paid during the life of the contract is not to be accepted as a guarantee, warranty or representation as the wage rates indicated.

NOTE: THE DAVIS-BACON ACT IS APPLICABLE (SEE CONTRACT CLAUSES). REFERENCE THE

ATTACHED GENERAL WAGE DECISION NO. AZ140032 09/26/2014 AZ32FOR MARICOPA COUNTY IN

THE STATE OF ARIZONA (SEE SECTION “J”). THIS WAGE DECISION IS HEREBY INCORPORATED INTO

THIS SCREENING INFORMATION REQUEST (SIR) AND WILL BE A PART OF ANY RESULTANT CONTRACT.

H004. Warranty

The warranty provisions of FAA AMS clause 3.10.1-20 Warranty-Construction are hereby incorporated into the subject contract as presenting the minimum period of coverage and terms under the contract. This minimum coverage period does NOT represent the extended warranty period applicable and required for certain items and deliverables as covered in the specifications. In the event of any discrepancy between warranty coverage as set forth in the specifications and the warranty provisions of the above referenced clause, under no circumstances shall the warranty period be interpreted to be less than one (1) year, not the rights and remedies available to the government be any less than as provided by FAA AMS clause 3.10.1-20.

H005. Material Submittals

See the Scope of Work for required submittals.

PART II - SECTION I

CONTRACT CLAUSES

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.

3.1.7-2 Organizational Conflicts of Interest (August 1997)

3.2.2.3-33 Order of Precedence (March 2009)

3.2.2.3-42 Differing Site Conditions (July 2004)

3.2.2.3-43 Site Investigation and Conditions Affecting the Work (July 2004)

3.2.2.3-45 Material and Workmanship (July 2004)

3.2.2.3-46 Supervising the Contract Work (July 2004)

3.2.2.3-47 Permits and Responsibilities (July 2004)

3.2.2.3-49 Protecting Existing Vegetation, Structures, Equipment, Utilities, and Improvements (July

2004)

3.2.2.3-50 Property Protection (March 2009)

3.2.2.3-51 Operations and Storage Areas (April 2012)

3.2.2.3-53 Cleaning Up and Roadway Maintenance (July 2004)

3.2.2.3-54 Preventing Accidents (July 2004)

3.2.2.3-55 Availability and Use of Utility Services (July 2004)

3.2.2.3-56 Schedules for Construction Contracts (July 2004)

3.2.2.3-58 Layout of Work (March 2009)

3.2.2.3-60 Specifications, Drawings, and Material Offers (March 2009)

3.2.2.3-66 Contractor's Daily Log (July 2004)

3.2.2.3-68 Safety and Health (July 2004)

3.2.2.7-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (April 2011)

3.2.2.7-8 Disclosure of Team Arrangements (April 2008)

3.2.5-1 Officials Not to Benefit (April 1996)

3.2.5-3 Gratuities or Gifts (January 1999)

3.2.5-4 Contingent Fees (October 1996)

3.2.5-5 Anti-Kickback Procedures (October 2010)

3.2.5-8 Whistleblower Protection for Contractor Employees (April 1996)

3.3.1-2 Payments under Fixed-Price Construction Contracts (April 1996)

3.3.1-19 Prompt Payment for Construction Contracts (September 2009)

3.3.1-20 Providing Accelerated Payment to Small Business Subcontractors (October 2012)

3.3.1-34 Payment by Electronic Funds Transfer- System for Award Management (August 2012)

3.3.2-1 FAA Cost Principles (October 1996)

3.4.1-5 Payment Bond Requirements (April 1996)

3.4.1-6 Additional Bond Security (April 1996)

3.4.1-7 Notice to Proceed (April 1996)

3.4.1-10 Insurance - Work on a Government Installation (July 1996)

3.4.2-8 Federal, State, and Local Taxes - Fixed Price Contract (April 2013)

3.6.1-1 Notice of Total Small Business Set-Aside (January 2010)

3.6.1-7 Limitations on Subcontracting (October 2011)

3.6.2-2 Convict Labor (April 1996)

3.6.2-12 Equal Opportunity for Veterans (January 2011)

3.6.2-19 Withholding-Labor Violations (April 1996)

3.6.2-23 Certification of Eligibility (April 1996)

3.6.2-35 Prevention of Sexual Harassment (August 1998)

3.6.2-39 Trafficking in Persons (January 2008)

3.6.3-13 Recycle Content and Environmentally Preferable Products (April 2009)

3.6.3-14 Use Of Environmentally Preferable Products (July 2013)

3.6.3-16 Drug Free Workplace (March 2009)

3.6.3-17 Efficiency in Energy-Consuming Products (July 2013)

3.6.3-19 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (October 2013)

3.6.3-22 Construction Waste Management (OCT 2014)

3.6.4-5 Buy American - Steel and Manufactured Products (July 2010)

3.6.4-10 Restrictions on Certain Foreign Purchases (January 2010)

3.9.1-1 Contract Disputes (October 2011)

3.9.1-2 Protest After Award (August 1997)

3.10.1-7 Bankruptcy (April 1996)

3.10.1-8 Suspension of Work (September 1998)

3.10.1-15 Changes-Construction, Dismantling, Demolition, or Removal of Improvements (July

1996)

3.10.1-16 Changes and Changed Conditions (April 1996)

3.10.1-25 Novation and Change-Of-Name Agreements (October 2007)

3.10.2-1 Subcontracts (Fixed-Price Contracts) (April 1996)

3.10.3-1 Definitions (April 2012)

3.10.3-2 Government Property - Basic Clause (April 2012)

3.10.4-23 Contractor and Subcontractor Compliance with Fastener Act (November 1997) 3.10.6-1 Termination for Convenience of the Government (Fixed Price) (October 1996) 3.10.6-6 Default (Fixed Price Construction) (October 1996)

3.13-5 Seat Belt Use by Contractor Employees (October 2001)

3.13-11 Plain Language (July 2006)

3.13-13 Contractor Policy to Ban Text Messaging While Driving (January 2011)

3.13-14 Reporting Executive Compensation and First-Tier Subcontract Awards (October 2012)

3.14-3 Foreign Nationals as Contractor Employees (April 2014)

3.2.2.3-41 Performing Work (July 2004)

The Contractor (you) must perform, using your own organization, work equivalent to at least 35 percent of the total amount of work under the contract on the site. The CO may modify this contract to reduce this percentage if you request a reduction and the CO determines that it would be to the Government's advantage to do so.

3.2.2.3-71 Commencement, Prosecution, and Completion of Work (July 2004)

The Contractor (you) must

(a) begin work under this contract within 7 calendar days after the date you receive the notice to proceed,

(b) perform the work diligently, and

(c) complete the entire work ready for use not later than 45 working days The time allowed for completion must include final cleanup of the premises.

3.3.1-33 System for Award Management (August 2012)

(a) Definitions. As used in this clause

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.

"Registered in the SAM database" means that the Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database.

"System for Award Management (SAM) Database" means the primary Government repository for Contractor information required for the conduct of business with the Government.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in Representations, Certifications and Other Statements of Offerors Section of the solicitation, the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if different from physical street address).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the

Contracting Officer may proceed to award to the next otherwise successful registered offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in AMS Procurement Guidance, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to:

http://fedgov.dnb.com/webform

(A) change the name in the SAM database;

(B) comply with the requirements of AMS regarding novation and change-of-name agreements; and

(C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide the Contracting Officer with the notification, sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the

SAM record to reflect an assignee for the purpose of assignment of claims. Assignees shall be separately registered in the

SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by

EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov.

3.6.2-14 Employment Reports on Veterans (January 2011)

(a) Unless the contractor is a State or local government agency, the contractor must report at least annually, as required by the Secretary of Labor, on:

(1) The total number of employees in the contractor's workforce, by job category and hiring location, who are disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans,

(2) The total number of new employees hired during the period covered by the report, and of the total, the number of disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans; and

(3) The maximum number and minimum number of employees of the Contractor or subcontractor at each hiring location during the period covered by the report.

(b) The above items must be reported by completing the form titled 'Federal Contractor Veterans' Employment Report

VETS-100A.'

(c) Reports shall be submitted no later than September 30 of each year.

(d) The employment activity report required by paragraph (a)(2) of this clause must reflect total hires during the most recent 12-month period as of the ending date selected for the employment profile report required by paragraph (a)(1) of this clause. Contractors may select an ending date: (1) As of the end of any pay period during the period January through

March 1st of the year the report is due, or (2) as of December 31, if the contractor has previous written approval from the

Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-

1 (Standard Form 100).

(e) The count of veterans reported according to paragraph (a) of this clause must be based on data known to the contractor when completing the VETS-100A. .The Contractor's knowledge of veterans status may be obtained in a variety of ways, including an invitation to applicants to self-identify (in accordance with 41 CFR 60-300.42), voluntary self-disclosure by employees, or actual knowledge of veteran status by the contractor. This paragraph does not relieve the employer of liability for a determination under 38 U.S.C. 4212.

(f) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor.

http://www.sam.gov/

3.6.2-24 Affirmative Action Compliance Requirements for Construction (October 2010)

(a) Definitions.

(1) "Employer identification number," as used in this clause, means the last four digits of the Federal Social Security number used on the employer's quarterly federal tax return, U.S. Treasury Department Form 941.

(2) "Minority," as used in this clause, means

(i) Black (all persons having origins in any of the black African racial groups not of Hispanic origin);

(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);

(iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian

Subcontinent, or the Pacific Islands); and

(iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

(b) If the Contractor, or a subcontractor at any tier, subcontracts a portion of the work involving any construction trade, each such subcontract in excess of $10,000 shall include this clause, including the goals for minority and female participation stated herein.

(c) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as follows:

Goals for minority participation: ____15.8%___________________

Goals for female participation: _____6.9%___________________

Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Office of Federal Contract Compliance Programs (OFCCP) area office within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this screening information request. The notification shall list the:

(1) Name, address, and telephone number of the subcontractor,

(2) Employer identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) The Contractor shall implement the affirmative action procedures in subparagraphs (f)(1) through (7) of this clause. The goals stated in this contract are expressed as percentages of the total hours of employment and training of minority and female utilization that the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for the geographical area where that work is actually performed. The Contractor is expected to make substantially uniform progress toward its goals in each craft.

(f) The contractor shall take affirmative action steps at least as extensive as the following:

(1) Ensure a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities where the Contractor's employees are assigned to work. The Contractor, if possible, will assign two or more women to each construction project. The

Contractor shall ensure foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at these sites or facilities.

(2) Immediately notify the OFCCP area office when the union or unions, with which the Contractor has a collective bargaining agreement, has not referred back to the Contractor a minority or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations.

(3) Develop on-the-job training opportunities and/or participate in training programs for the area that expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under subparagraph (f)(2) above.

(4) Review, at least annually, the Contractor's equal employment policy and affirmative action obligations with all employees having responsibility for hiring, assignment, layoff, termination, or other employment decisions. Conduct reviews of this policy with all on-site supervision, personnel prior to initiation of construction work at a job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.

(5) Disseminate the Contractor's equal employment policy externally by including it in any advertising in the news media, specifically including minority and female news media. Provide written notification to, and discuss this policy with, other Contractors and subcontractors with which the Contractor does or anticipates doing business.

(6) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities.

Encourage these employees to seek or to prepare for, through appropriate training, etc., opportunities for promotion.

(7) Maintain a record of solicitations for subcontracts for minority and female construction contractors and suppliers, including circulation of solicitations to minority and -female contractor associations and other business associations.

(g) The Contractor is encouraged to participate in voluntary associations that may assist in fulfilling one or more of the affirmative action obligations contained in subparagraphs (f)(1) through (7). The efforts of a contractor association, joint contractor-union, contractor-community, or similar group of which the contractor is a member and participant, may be useful in achieving one or more of its obligations under subparagraphs (f)(1) through (7).

(h) A single goal for minorities and a separate single goal for women shall be established. The Contractor is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of Executive Order 11246, as amended, if a particular group is employed in a substantially disparate manner.

(i) The contractor shall not use goals or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.

(j) The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts under Executive

Order 11246, as amended.

(k) The Contractor shall carry out such sanctions and penalties for violation of this clause and of the Nondiscrimination and

Affirmative Action clause, including suspension, termination, and cancellation of existing subcontracts, as may be imposed or ordered under Executive Order 11246, as amended, and its implementing regulations, by the OFCCP. Any failure to carry out these sanctions and penalties as ordered shall be a violation of this clause and Executive Order 11246, as amended.

(l) Nothing contained herein shall be construed as a limitation upon the application of other laws that establish different standards of compliance.

3.6.3-12 Asbestos - Free Construction (April 2009)

(a) In performing this contract, the Contractor shall not use asbestos or asbestos-containing building materials during construction, renovation, and/or modernization of this facility and shall provide to the Contracting Officer (CO) a signed statement before final payment indicating that to the best of its knowledge, no asbestos or asbestos-containing building materials were used during construction, renovation, and/or modernization of this facility. The Contractor's certification under this clause is considered to be a material requirement of the contract and the FAA may withhold payment pending submittal and receipt of an acceptable certification.

(b) The FAA CO may authorize sample testing of contractor building materials used during construction, renovation, and/or modernization of this facility to verify that they are asbestos-free. The FAA will bear the expense of this testing unless the testing reveals that the Contractor used asbestos-containing building material in performing this contract. If asbestos-containing material is found, the Contractor shall remove and replace the asbestos-containing material and decontaminate the site of asbestos contamination caused by the Contractor at no additional cost to the Government. In addition, the Contractor shall bear the expense of the original testing and retesting to determine that the asbestos removal and site decontamination are satisfactorily completed.

3.6.3-20 IEEE 1680 Standards for Environmental Assessment of Electronic Products (Oct 2014)

(a) Definitions. As used in this clause:

"Computer monitor" means a video display unit used with a computer.

"Desktop computer" means a computer designed for use on a desk or table.

"Imaging equipment" means a copier, digital duplicator, fax machine, mailing machine, multifunction device (MFD), printer or scanner.

"Notebook computer" means a portable-style or laptop-style computer system.

"Personal computer product" means a notebook computer, a desktop computer, or a computer monitor, and any peripheral equipment that is integral to the operation of such items. For example, the desktop computer together with the keyboard, the mouse, and the power cord would be a personal computer product. Printers, copiers, and fax machines are not included in peripheral equipment, as used in this definition.

(b) Under this contract, the Contractor shall deliver, furnish for FAA use, or furnish for contractor use at an FAA-owned facility, only electronic products (e.g., personal computers, imaging equipment and televisions) that at the time of submission of proposals were Electronic Product Environmental Assessment Tool (EPEAT) Bronze registered or higher.

(c) For information about the standard, see www.epeat.net.

(d) In the performance of this contract, the Contractor must:

(1) Report to the Contracting Officer, with a copy to the Contracting Officer's Representative (COR), the number [by product type and EPEAT registration level (i.e., Bronze, Silver, Gold, or Unregistered)] of EPEAT registered electronic products provided by the Contractor during the previous Federal government fiscal year quarter.

(2) Submit this report quarterly no later than the 15th of the month following the closing of a quarter; and

(3) Contact the Contracting Officer to obtain the preferred submittal format, if that format is not specified in this contract.

3.6.4-3 Buy American Act - Construction Materials (October 2014)

(a) The Buy American Act (41 U.S.C. 10) and Executive Order No. 10582, dated December 17, 1954, as amended, provide that the Government give preference to domestic construction material. The restrictions of the Buy American Act do not apply when FAA determines use of a particular domestic construction material: (i) would unreasonably increase the cost; (ii) would be impracticable; or (iii) is not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality. This restriction also does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

None

(b) Definitions:

(1) "Components," as used in this clause, means those articles, materials, and supplies incorporated directly into construction materials.

(2) "Construction material," as used in this clause, means an article, material, or supply brought to the construction site for incorporation into the building or work. Construction material also includes an item brought to the site pre-assembled from articles, materials or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, which are discrete systems incorporated into a public building or work and which are produced as a complete system, shall be evaluated as a single and distinct construction material regardless of when or how the individual parts or components of such systems are delivered to the construction site.

(3) "Domestic construction material," as used in this clause, means (i) an unmanufactured construction material mined or produced in the United States, or (ii) a construction material manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components.

Components of foreign origin of the same class or kind as the construction materials determined to be unavailable shall be treated as domestic.

(c) The Contractor agrees that only domestic construction material must be used by the Contractor, subcontractors, material men, and suppliers in the performance of this contract, except for foreign construction materials, if any, listed in this contract.

(d) Request for determination of inapplicability of the Buy American Act:

(1) Any Contractor request to use foreign construction material in accordance with paragraph(a) of this clause must include adequate information for Government evaluation of the request, including:

(i) A description of the foreign and domestic construction materials;

(ii) Unit of measure;

(iii) Quantity;

(iv) Price;

(v) Time of delivery or availability;

(vi) Location of the construction project;

(vii) Name and address of the proposed supplier; and

(viii) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (a) of this clause.

A request based on unreasonable cost must include a reasonable survey of the market and a completed price comparison table in the format of paragraph (4) below.

The price of construction material must include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

Any Contractor request for a determination submitted after contract award must explain why the Contractor could not reasonably have foreseen the need for such a determination and could not have requested the determination before contract award. If the Contractor does not provide a satisfactory explanation, the Contracting Officer need not make a favorable determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the

Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act

(4) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor must include the following information and any applicable supporting data based on the survey of suppliers:

FOREIGN AND DOMESTIC MATERIAL PRICE COMPARISON

Construction Material Unit of Measure Quantity Price($)*

Item 1

Foreign Construction Material _____ _____ ______

Domestic Construction Material _____ _____ ______

Item 2

Foreign Construction Material…