DTFASA-17-R-00074 RFO.pdf

DTFASA-17-R-00074

SOLICITATION, OFFER, AND

AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

2. TYPE OF SOLICITATION

NEGOTIATED RFO

3. DATE ISSUED

11/07/2016

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY

FEDERAL AVIATION ADMINISTRATION

WESTERN SERVICE AREA ACQUISITION GROUP

AAQ-530 - ELAINA AUDETTE

1601 LIND AVENUE SW

RENTON, WA 98057

8. ADDRESS OFFER TO

SAME AS BLOCK 7

9. FOR INFORMATION

CALL:

A. NAME

ELAINA AUDETTE

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

425-227-2131

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

FURNISH ALL LABOR, MATERIALS, SERVICES, EQUIPMENT, INSURANCE, SECURITY NOTIFICATIONS, LICENSES, PERMITS, AND FEES IN ACCORDANCE WITH APPLICABLE FEDERAL, STATE AND LOCAL

REGULATORY REQUIREMENTS TO PERFORM ALL WORK FOR THE MAJOR MECHANICAL SUSTAINMENT

(MMS) PROJECT AT THE SALT LAKE CITY ARTCC, UTAH IN ACCORDANCE WITH THE SPECIFICATIONS, DRAWINGS, CONTRACT CLAUSES AND APPLICABLE WAGE DETERMINATIONS.

11. The Contractor shall begin performance within 5 calendar days and complete it within 360 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. Notice to Proceed anticipated within 14 days of Award.

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

See Section B007.

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by 2:00 PM (hour) local time 12/08/2016 (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.

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

SEE PART I - SECTION B

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)

ELAINA D. AUDETTE

30B. SIGNATURE 30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD

DATE

PART I - SECTION B

SUPPLIES/SERVICES & PRICE/COST

B001. PRICE/COST: The contractor must furnish all labor, materials, services, equipment, insurance, security notifications, licenses, permits, and fees in accordance with applicable Federal, State, and local regulatory requirements for the MAJOR MECHANICAL SUSTAINMENT (MMS) PROJECT at the

Salt Lake ARTCC in Salt Lake City, Utah in accordance with the specifications, drawings, contract clauses and wage rates.

B001. Proposal pricing for Design Assistance Phase (Phase I). Provide hourly rates for all specific personnel for the Design Assistance Phase listed below. If accepted, these rates are effective throughout the life of the contract. Rates must be fully burdened. Note: Fully burdened rates include profit.

DIRECT LABOR HOURLY RATES

Project Manager (Prime) $_____________________________

Project Superintendent (Prime) $_____________________________

Cost Estimator (Prime) $_____________________________

Mechanical Project Manager $_____________________________

Electrical Project Manager $_____________________________

Mechanical Foreman $_____________________________

Electrical Foreman $_____________________________

Note: The FAA will award a Time and Materials (T&M) contract not to exceed $75,000 for the Phase I -

Design Assistance Phase of this contract.

B002. PROPOSAL PRICING FOR CONSTRUCTION PHASE. Include all related to costs for Phase

II - Construction. The CLINs listed in B002 will be considered for evaluation purposes but the final firm-fixed price award amount is an option that will not be awarded until pre-construction services are completed and accepted and negotiations for the firm fixed price between the FAA and the contractor are successful and there is an availability of funds. FAA will award a Fixed Price Incentive (Successive

Targets) contract for Phase II (Construction) phase of this contract as set forth in Section H.

B002

Contract Line

Item (CLIN) Description Total Price

001 Direct Cost of Construction*

002 General Conditions.* $_____________________

003 Bonds and Insurance** $_____________________

004 TOTAL - Evaluation Price (Initial Target Price) $_____________________

*See B004.

**See B006 and B007.

Note: The price identified in CLIN 004 shall include the initial target profit of 8%.

B003

Contract

Line

Item

(CLIN)

Description

Total Price

OPTION: Replace underground cooling tower water piping, including overhead and profit.

The price in B003 is another optional project element related to the construction work which may or may not be awarded at the Government’s option and will NOT be considered during evaluation of pricing.

This item is not subject to an incentive.

The Government will not consider an offer valid unless all CLIN items under B001, B002, and B003 are fully completed.

AUTHORIZED SIGNATORY (PRINT NAME & TITLE):

AUTHORIZED SIGNATORY (SIGNATURE):

The total 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.

B004. INSTRUCTIONS. The Offeror shall submit pricing as prescribed in PART I – SECTION B of the Request for Offers (RFO). For B002 - PROPOSAL PRICING FOR CONSTRUCTION PHASE, the Offeror shall provide the following as described in 3.2.4-15 – Incentive Price Revision – Successive

Targets (October 1996):

1) The supplies or services identified in the "Schedule" [Section B, B002] as Item CLIN 004 are subject to price revision in accordance with clause 3.2.4-15 – Incentive Price Revision – Successive

Targets (October 1996); provided, that in no event shall the total final price of these items exceed the ceiling price of 9 million dollars ($9,000,000).

2) The prices of these items shown in the "Schedule" are the initial target prices, which include an initial target profit of 8% percent of the initial target cost.

See Contract clause in Part II, Section I, for the full text.

Definitions:

CLIN 001 – Direct Cost of Construction: Costs associated with all construction work, including but not limited to labor, materials, equipment, and any subcontractor overhead and profit.

CLIN 002 – General Conditions: All other costs not associated with the direct cost of construction required for completion of the total scope of work associated with this contract.

An offeror is required to provide a price for each labor category and every contract line item (CLIN).

Failure to comply may result in the rejection of the subject offer. A single award shall be made. There shall be no split award. In the event that the CLIN price for any line item is materially unbalanced, the entire offer may be rejected without discussion with the offeror.

In the event of any disparity between the CLIN price and the total offered price, the CLIN price shall be deemed correct, and the total offered amount shall be revised accordingly, unless available information indicates otherwise.

Effective April 1, 1996, the Federal Aviation Administration (FAA) began operating under the new

FAA Acquisition Management System. The l996 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.

B005. THIS WILL BE A TIERED EVALUATION.

A tiered evaluation of offers will be used in source selection for this contract, and offers from other-than small business concerns will only be considered after the determination that an insufficient number of offers from responsible small business concerns were received (see Part IV, Section M for details). The applicable North American Industry Classification System (NAICS) code for this project is 236220, Commercial and Institutional Building Construction. Please note this code on your Business

Declaration Form.

B006. FAA INSURANCE REQUIREMENTS: See contract clause 3.4.1-12 – Insurance.

a. The Contractor must procure and maintain during the entire period of performance under this contract the following minimum insurance:

Type Amount

Automobile Liability $ 200,000 per person

Bodily Injury Liability $ 500,000 per occurrence

Property Damage $ 20,000 per occurrence

Comprehensive General Liability $ 100,000 per person

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

B007. COST OF PERFORMANCE AND PAYMENT BONDS: Offerors are instructed that they shall include their fee-quote for these bonds under B002, CLIN 003 – Bonds and Insurance.

3.4.1-1 Proposal Guarantee

3.4.1-4 Performance Bond Requirements

3.4.1-5 Payment Bond Requirements

Performance and Payment bonds are required. Performance and Payment bonds shall be submitted within

14 calendar days of the awarded total final price for Phase II of the items specified in paragraph (a) of clause 3.2.4-15, which shall be evidenced by a modification to this contract signed by the Contractor and the Contracting Officer.

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 frame 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 frame 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.

B008. PERIOD OF PERFORMANCE: See Contract clause in Part II, Section I, 3.2.2.3-71 Starting, Performing and Completing Work (July 2004).

Period of Performance for Phase I – Design Assist is 120 calendar days from issuance of the Design

Assist Notice to Proceed (NTP) with an anticipated design assist start date of around JANUARY 2016.

Period of Performance for Phase II – Construction is 360 calendar days from issuance of Construction

Notice to Proceed (NTP) with an anticipated construction start date of around JUNE 2017.

B009. SOLICITATION QUESTIONS: All contractors proposing this project desiring an interpretation or clarification of the specifications, drawings, contract terms and conditions, etc., must make their request by EMAIL to Elaina Audette at elaina.d.audette@faa.gov. Telephone questions will not be accepted. The requestor shall provide a company name, point-of-contact name, address and telephone number; as well as a return e-mail address or FAX number. The Contracting Officer is the ONLY person authorized to make clarifications, interpretations, or changes to the solicitation.

QUESTIONS ARE DUE BY: Thursday, November 23, 2016 at 2:00PM PACIFIC TIME.

B010. SITE VISIT: 3.8.2-9 Site Visit (April 1996)

FAA highly recommends, urges and expects offerors to inspect the site where the work will be performed.

There is ONE coordinated OPTIONAL recommended site visit on NOVEMBER 16, 2016 at 10:00AM

LOCAL TIME.

a. The meeting point address for the site visit:

mailto:elaina.d.audette@faa.gov

FAA Air Route Traffic Control Center (ARTCC)

2150 West 700 North

Salt Lake City, UT 84116

b. Due to security reasons, to attend the site visit advance notice is required no later than

NOVEMBER 15, 2016 at 2:00 PM LOCAL TIME to the FAA POC identified below. You are required to provide your company name and representative(s) full name and contact phone number(s).

There will be no substitutions or add-ons after the cutoff date. Notice to Attendees: Records of attendance are subject to public release.

Mike Fitch, Resident Engineer michael.fitch@faa.gov

(801) 320-2522 (office)

c. All questions from the site visit must be submitted in writing according to the RFO’s instructions in Section B; Clause B009 Solicitation Questions (above).The FAA assumes no responsibility for any conclusions or interpretations made by the contractor based on the information received by any means other than in writing from the Contracting Officer. The FAA does not assume responsibility for any understanding reached or representation made concerning conditions, which can affect the work, by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in the contract.

ESTIMATED PRICE RANGE FOR THIS PROJECT: Between $5,000,000 - $10,000,000.

DAVIS-BACON ACT APPLIES - SEE SECTION “J”.

SERVICE CONTRACT ACT APPLIES – SEE SECTION “J”.

OFFERS SHALL INCLUDE ALL APPLICABLE STATE AND LOCAL TAXES.

SUBMIT OFFERS TO: SEE PART IV, SECTION L.

mailto:michael.fitch@faa.gov

PART I - SECTION C

SCOPE OF WORK

1.0 SUMMARY.

The Air Route Traffic Control Center (ARTCC) in Salt Lake City, UT is scheduled for a major upgrade to its chilled water plant and legacy mainframe computer room. The project will have two (2) specification/drawing packages, one of which will be for the Chiller/Cooling Tower Modernization work and the other for the Control Wing Basement Modernization work. The chilled water plant consists of two

330 ton chillers and a 3-cell cooling tower. The Control Wing basement contains a 5,300 square foot legacy mainframe computer room which will be modernized for electronic equipment space. Work includes all new architectural finishes, new raised access floor, and other alterations and repairs. There is a small amount of asbestos containing material associated with this project. The FAA will use collaborative project delivery in the pre-construction and construction phases.

2.0 GENERAL CONTRACT REQUIREMENTS.

The contractor shall maintain a management staff and system that ensures flexibility, communication, and diversity of personnel necessary to successfully plan, provide constructability reviews and execute complex, multi-faceted, potentially simultaneous tasks. The contractor shall execute collaborative project delivery and use Lean Construction tools during the entire project. The FAA will provide training on the use of Lean Construction tools to the successful offeror prior notice to proceed.

2.1 COLLABORATIVE DELIVERY.

The Contractor and its Subcontractors shall participate in collaborative delivery for both phases of this project. Collaborative Delivery is defined as follows: Owner (FAA) and Contractor working together to provide a product that meets FAA’s requirements, honors good ideas, values Contractor input, encourages the elimination of waste, and improves planning to increase predictability and minimize risk. The

Contractor shall make a good faith effort to incorporate collaborative delivery in all its interactions with the FAA.

The FAA believes Collaborative delivery provides the ability to achieve a better quality product, at lower cost, with increased project reliability.

The specific personnel required for collaboration and design-assist (Phase I) are defined as: at a minimum, the project manager, cost estimator, superintendent, mechanical subcontractor’s foreman, and electrical subcontractor’s foreman.

2.1.1 COLLABORATIVE DISCUSSIONS.

The following matrix will be used for collaborative discussion/elevation of conflicts at the lowest possible level during performance of this contract:

Specific Party

Level FAA Prime Contractor

1 Resident Engineer (COR) Site Superintendent

2 Project Manager Project Manager

3 Eng. Svcs. Group Manager Office Manager or equivalent

4 Eng. Svcs Center Manager District Manager or equivalent

5 Contracting Officer Signature Authority for Prime

Contractor

This collaborative effort will be outside of the normal processes involving Requests for Information

(RFI’s) and/or Proposed Contract Changes (PCC’s).

A final collaboration ladder may be determined during the Kick-Off meeting between the Government and the Contractor.

The Contracting Officer is the ONLY person authorized to make clarifications, interpretations, or changes to the contract and makes the final decision.

3.0 PHASE I: DESIGN ASSISTANCE PRE-CONSTRUCTION SERVICES

A. Design Assistance: Throughout the development of the Design Documents, Contractor’s personnel identified in Section B, B001 shall advise the FAA project team on proposed site use and improvements and selection of materials, systems, and equipment. Contractor shall also provide recommendations on constructability, availability of materials and labor, time requirements for procurement, installation and construction, and factors related to construction cost including, but not limited to, costs of alternative designs or materials, budget data/ceiling price, and possible cost reductions. Contractor shall:

1. Review specifications, drawings, schedule, and budget data/ceiling price.

2. Submit written comments and recommendations.

3. Discuss comments and recommendations at design review meetings.

B. Project Kick-Off Meeting: The Contractor and key subcontractors shall attend the project kick-of meeting anticipated to be held at the project site no later than 2 weeks after award.

C. Progress Meetings: The Contractor shall attend a progress review teleconference midway through the 65% design review period. In addition, there will be weekly teleconferences 1 hour in duration. Contractor shall schedule meetings and distribute minutes in accordance with

Section 01 31 00 “Project Management and Coordination”.

D. Design Reviews: Contractor’s personnel for the Design Assistance Phase (Phase I), Project

Manager (Prime), Mechanical Project Manager and Electrical Project Manager at a minimum shall attend the following design reviews and discuss comments and recommendations from FAA. Design review meetings will be conducted at the Project site, will be three (3) days in duration and will be conducted at the end of each design review period.

Design reviews will be scheduled with the FAA project team at the Kick-Off meeting and shall follow the schedule of days noted below. The three design reviews are:

1. 65% design review – Period of Performance (POP) is 60 calendar days duration after

Notice to Proceed (NTP) for Phase I.

2. 90% design review – POP is not to exceed 45 calendar days duration after FAA completion of the 65% design.

3. 100% design review – POP is not to exceed 30 calendar days duration after FAA completion of the 90% design.

E. Waste Management Plan: Contractor and FAA shall collaborate on the Waste Management Plan with a goal of redirecting 90% by weight, all non-hazardous solid waste from landfills.

Contractor shall produce the plan as required in the Specifications by scheduling a waste management plan conference with the FAA and incorporating agreements into the plan. If it is determined that the 90% goal cannot be achieved, the contractor must divert at last 50 percent weight of the total non-hazardous solid waste generated by the work from landfills and incinerators per clause 3.6.3-22 – Construction Waste Management.

F. Project Plan: Contractor shall assist FAA in developing the Project Plan for implementation with a goal of minimizing scheduled outages and maximizing reliability of temporary facilities.

Plan will address the following elements and must be completed prior to construction NTP.

1. Project Schedule.

2. Required outages.

3. Affected services and equipment.

4. Sequence of construction.

5. Temporary cooling.

6. Risks and mitigations.

3.1 LABOR CATEGORIES.

Both blue-collar and white-collar labor categories will be required for performance under PHASE I of this contract. Labor categories will follow the Service Contract Act wage determinations in Section J, where applicable. The applicable and most current wage determination may be incorporated into the contract before construction begins.

The contractor will provide fully burdened hourly rates (to include overhead, G&A costs and profit) in their hourly rates in Section B001. No additional markups (pools) are authorized in invoices. The hourly rates established at the time the contract is awarded will not increase throughout the entire pre-construction phase work.

Substitution or addition of personnel. For the entire duration of contract performance, the Contractor shall not substitute personnel for the individuals whose resumes or other personal qualification were submitted with its offer. Any changes additional or substitution of personnel that must be made in accordance with the aforementioned AMS clause shall be made in writing to the Contracting Officer on company letterhead.

Those changes that have been approved by the CO will be incorporated into the contract via a formal contract modification.

3.1.1 PHASE I DESIGN-ASSIST CONTRACTOR PERSONNEL REQUIREMENTS AND

QUALIFICATIONS

The minimum experience qualifications of certain personnel required for Phase I are set forth below.

These qualifications, including current training as required by Federal and state agencies are the minimum standards for all personnel employed in these positions during the course of this contract. Personnel in other disciplines not listed will be required to have comparable qualifications in their fields of expertise.

Contractor shall submit resumes for personnel changes during contract performance provided in Section

H, Clause 3.8.2-17.

The contractor must ensure satisfactory standards of employee competency, conduct, appearance, and integrity. Each contractor employee is expected to adhere to standards of conduct that reflect favorably upon themselves, their employer, and the FAA. The Contracting Officer reserves the right to direct the contractor to remove an employee from the work site for failure to comply with the standards of conduct.

Project Manager

Program Manager shall be responsible for overall management of the contract including quality and production and shall be an employee of the prime contractor. The individual shall be competent, experienced and knowledgeable in specific activities identified in this contract. The position will act as a single point of contact for contract coordination with FAA. The individual shall hold periodic status meetings, manage implementation of all policy and procedures and take immediate corrective action when performance is not acceptable to FAA. The individual shall oversee management and coordination between contractor staff, subcontractors, and FAA; development and implementation of record keeping;

administrative and quality control; and projects. The Program Manager shall have a bachelor’s degree in any field and following, as a minimum:

a) Construction experience in excess of 10 years.

b) Construction experience on projects exceeding $3 million.

c) Five (5) years in the same position with their current firm.

Project Superintendent

The Project Superintendent shall have responsibility and authority to direct work performed for the pre-construction services and under the work for construction. The Project Superintendent shall be responsible for management and execution of all site activities in accordance with approved work plan, and all federal, state, and local laws and regulations. Site Superintendent shall be a high school graduate and have at least five (5) years’ experience in job site supervision.

Cost Estimator

Cost Estimator collects and analyzes data in order to estimate the time, money, materials, and labor required to manufacture a product, construct a building, or provide a service. The Cost Estimator shall be an employee of the prime contractor. The Cost Estimator shall have five (5) years’ experience preparing construction cost estimates.

Mechanical Project Manager

The Mechanical Project Manager shall be responsible for management of the mechanical portion of the construction project through effective communication, negotiation, scheduling, tracking, document control, and forecasting of costs. This individual shall maintain working knowledge of general conditions, work scope and specifications of project contract, collaborate with field labor supervision to plan, organize and schedule project work including preparation of contract integrated project schedule, review contract drawings, detail drawings and specifications, and provide proactive, clear and timely communication to team members. The Mechanical Project Manager shall have a minimum of five (5) years’ experience as a mechanical project manager and at least a bachelor’s degree in any field and as a minimum the following:

a) Construction experience in excess of five (5) years.

b) Construction experience on projects exceeding subcontracted amount of $1 million.

c) Three (3) years in the same position with their current firm.

Electrical Project Manager

The Electrical Project Manager shall interpret technical statements of work and design documentation as it relates to project planning, budgeting, procurements, implementation, testing, training, and project completion. The Electrical Project Manager will work with a variety of documentation on any given project including: submittals, testing, training, implementation, change orders, purchase orders, and subcontracts to ensure high quality of work at a job site. This individual will plan, schedule, adjust, and maintain timelines in a fast paced construction/installation environment while maximizing resources and optimizing budgets. The Electrical Project Manager shall have a minimum of five (5) years’ experience as an electrical project manager and at least a bachelor’s degree in any field and the following experience, as a minimum:

a) Electrical experience in excess of five (5) years.

b) Construction experience on projects exceeding subcontracted amount of $1 million.

c) Three (3) years in the same position with their current firm.

Mechanical Foreman

The Mechanical Foreman supervises and coordinates the work of a crew of workers that execute the mechanical aspects of the project. The individual shall be competent, experienced and knowledgeable in reading and understanding specifications and drawings, and knowledgeable in specific activities identified in this contract. The individual shall be a good communicator and liaison with other discipline foremen to ensure the optimum utilization of available work, with the overall objective of successful completion of the project. Supervises and coordinates workers engaged in the installation of chillers and ancillary equipment. Commands respect of their workforce, and develops working relationships with all other contractors and FAA personnel. This individual shall be quick thinker and able to make quick onsite decisions. Mechanical Foreman shall be a minimum a high school graduate, have at least five (5) years’ experience as a foreman for mechanical construction projects over $1M and three (3) years in the same position with their current firm.

Electrical Foreman

The electrical foreman will be responsible for providing on-site direction and leadership for electrical workers on the project in order to complete jobs within specific guidelines that include quality standards, time requirements, and budget considerations.

The Electrical foreman will be responsible for planning, customer relations, material management, and quality control. The individual shall coordinate with project managers, engineers and the FAA. The

Electrical Foreman shall be at a minimum a high school graduate, must have completed an electrician apprenticeship and have at least five (5) years of experience as an electrician with a current electrician’s license in addition to having at least five (5) years’ experience as an Electrical foreman for construction projects over $1M and three (3) years in the same position with their current firm.

4.0 PHASE II: CONSTRUCTION

4.1. PROJECT PLANNING AND SCHEDULE COORDINATION.

A. The Prime Contractor and its subcontractors shall implement a project production planning system consisting of Master Scheduling, Phase Pull Planning, Make-Ready Look Ahead Planning, Weekly Work

Planning, and Daily Communication – collectively referred to as “Pull Planning.” The purpose of these activities will be to record, measure, and improve the reliability of project work production. A Pull

Planning approach to scheduling the work is a collaborative effort by all those performing work during a given period working backwards from the end of that period and identifying where the work of one subcontractor is dependent upon the prior performance of another subcontractor, or other project participant (for example, the FAA). The subcontractor whose work follows shall request of and receive from the prior performer a commitment in terms of duration as to when the work to be handed off will be finished and the subcontractors shall agree on criteria for the reliable hand off of work. Pull Planning will be conducted periodically in advance of the work to be performed within the designated time periods.

1. The Master Schedule will set milestone dates for the entire project.

2. Phase Pull Plans will be created during a project site meeting attended by all applicable project participants, including subcontractors, for phases of work leading to the milestones identified within the Master Schedule.

3. Make-Ready Look Ahead plans will be collaboratively developed weekly by each subcontractor performing work within the six week look-ahead window, identifying each item of work to be performed and completed during the given planning period, whether factors exist that would impede performance and completion, and the actions to be taken to resolve any such impediments.

4. Weekly Work Planning will be a collaborative effort by all those performing work in the upcoming week where: planning reliability from the previous week is tracked; root cause of variation assessed for continuous improvement; and subcontractors commit to and coordinate the specific work that will be completed to agreed-upon hand off criteria from tasks identified as constraint free from the make-ready six week look ahead plan. All subcontractors with work planned for the upcoming week are responsible for coming prepared to the meeting, which will be held at the project site, with a list of the work they have planned for the following week that is constraint free, a list of tasks they had planned for the following week that still have constraints, including the remaining constraints, and the status all tasks they committed to the previous week.

5. Daily Communication between subcontractors will take place to discuss what work was completed on the day before, any variation from what was promised, any revisions for the current day’s work or the remainder of the weekly work plan, and what steps need to be taken to improve the work process as to any variations.

All subcontractors that will perform work within the window being pulled are responsible for coming prepared to the sessions having carefully reviewed all activities in their scope that are scheduled to enter or be included in the window, including: (1) activities that it plans to perform; (2) all requirements it needs from others to perform those activities; (3) all make ready constraints; (4) any design or coordination questions; (5) any constructability concerns; and (6) any resource constraints.

The Prime Contractor and all subcontractors shall carry in its pricing for their scopes all activities necessary to support and participate in the Pull Planning process for the duration of their scopes of work on the Project. For planning and budgeting purposes, the Prime Contractor and all subcontractors should take the following into account: At the beginning of the Project, the Pull Planning sessions will be longer in order to review the Master Schedule, establish the initial phase plans, populate the make-ready look ahead plan, and establish the initial weekly work plans. Subsequent meetings will be required on a weekly basis to plan and coordinate the next weekly work plan, evaluate one week's work entering the look-ahead window, and identify constraints and variances. There also will be some longer sessions for additional Phase Pulls plans as phases of the work are planned and additional makeready look ahead plans are developed within those phases.

4.2. CHILLER/COOLING TOWER MODERNIZATION

A. Work shall be performed in accordance with the attached Project Specifications and Drawings, with any modifications resulting from the Design Assistance phase of the contract.

4.3 CONTROL WING BASEMENT MODERNIZATION

A. Work shall be performed in accordance with the attached Project Specifications and Drawings, with any modifications resulting from the Design Assistance phase of the contract.

4.4. ASBESTOS ABATEMENT.

For asbestos abatement activities, see Specifications Section 02 82 00 - ASBESTOS ABATEMENT

AND LCC DEMOLITION.

(End of Scope of Work)

PART I - SECTION D

PACKAGING AND MARKING

This section not used.

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)

3.10.4-5 Inspection - Time-and-Material and Labor-Hour (April 1996)

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

PART I - SECTION F

DELIVERIES OR PERFORMANCE

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

3.10.1-24 Notice of Delay (March 2009)

PART I - SECTION G

CONTRACT ADMINISTRATION DATA

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

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 30 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. Payments

When requesting payment for work completed under Time & Materials (T&M) pre-construction services, the contractor is required to provide all supportive backup documentation supporting any T&M activities requested. Total payments shall not exceed the ceiling price of $75,000.

At the time that the Phase II, firm-fixed price for the construction work is finalized, the Contractor shall submit a schedule of values for the Work. Contractors will submit all invoices in accordance with payment clauses directly to the Contracting Officer’s Representative (COR) with a copy to the

Contracting Officer for each progress payment. All invoices must contain supporting documents as required by the contract. The Contractor will be expected to develop a Schedule of Values that supports the work items billed and clearly demonstrate the percentage completion for progress payments.

PART I - SECTION H

SPECIAL CONTRACT REQUIREMENTS

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

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: Digital technology.

(End of Clause)

3.8.2-17 Key Personnel and Facilities (May 1997)

(a) The personnel and/or facilities as specified below are considered essential to the work being performed hereunder and may, with the consent of the contracting parties, be changed from time to time during the course of the contract.

(b) Prior to removing, replacing, or diverting any of the specified personnel and/or facilities, the

Contractor shall notify in writing, and receive consent from, the Contracting Officer reasonably in advance of the action and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract.

(c) No diversion shall be made by the Contractor without the written consent of the Contracting Officer.

(d) The key personnel and/or facilities under this contract are:

Project Manager, Quality Control Manager, Superintendent, Mechanical Subcontractor’s

Foreman, Electrical Subcontractor’s Foreman.

Local office and job trailers.

3.13-15 Confidentiality of Data and Information (October 2011)

(a) The contractor and any of its subcontractors, in performance of this contract, may need access to and use of various types of data and information in the possession of the Government, which the Government obtained under conditions which restrict its right to use and disclose data and information or which may be of a nature that its dissemination or use, other than in the performance of this contract, would be adverse to the interests of the Government or other parties. Therefore, the contractor and its subcontractors agree to abide by any restrictive use conditions on such data and not to: (1) knowingly disclose such data and information to others without written authorization from the Contracting Officer, unless the Government has made data and information available to the public; and (2) use for any purpose other than the performance of this contract any data which bears a restrictive marking or legend. For the sole purpose of this clause, "information" means any communication or representation of knowledge such as facts, data, or opinions in any medium or form, including textual, numerical, graphic, cartographic, narrative or visual form. Data processed in such a way that it can increase the knowledge of the person who receives it. Information is the output, or finished goods, of information systems.

(b) In the event the work required to be performed under this contract requires access to proprietary data and information of other companies, the contractor must obtain agreement from such other companies for such use unless such data are provided or made available to the contractor by the Government. Two copies of such company-to-company agreements must be furnished promptly to the Contracting Officer for information only. These agreements must prescribe the scope of authorized use of disclosure and other terms and conditions to be agreed upon between the parties thereto. It is agreed by the contractor that any such data, whether obtained by the contractor pursuant to the aforesaid agreement or from the

Government, must be protected from unauthorized use or disclosure to any individual, corporation, or organization so long as it remains proprietary.

(c) The contractor agrees to conduct formal training to make employees aware of the requirement to maintain confidentiality of data and information, as required above, to the end that they will be disciplined if the necessity to refrain from divulging either the proprietary data of other companies or data that are obtained from the Government to anyone except as authorized. The contractor must obtain from each employee engaged in any effort connected with this contract an agreement, in writing, which must in substance provide that such employee will not, during his/her employment by the contractor or anytime thereafter, disclose to others or use for his/her own benefit or the future benefit of any individual any trade secrets, confidential information, or proprietary/restricted data (to include Government "For Official

Use Only") received in connection with the work under this contract.

(d) The contractor agrees to hold the Government harmless and indemnify the Government as to any cost/loss resulting from the unauthorized use or disclosure of third party data or software by the contractor, its employees, subcontractors, or agents.

(e) The contractor agrees to include the substance of this clause in all subcontracts awarded under this contract. The Contracting Officer will consider case-by-case exceptions to this requirement for individual subcontracts in the event that: (1) the contractor considers the application of the prohibition of this clause to be inappropriate and unnecessary in the case of a particular subcontract; (2) the contractor provides a written statement affirming absolute unwillingness of a subcontractor to perform, absent some relief from the substance of this prohibition; (3) use of an alternate subcontract source would unreasonably detract from the quality of effort; and (4) the contractor provides the Contracting Officer timely written advance notice of these and any other extenuating circumstances.

(f) Except as the Contracting Officer specifically authorizes in writing, upon completion of all work under this contract, the contractor must return all such data and information obtained from the Government, including all copies, modifications, adaptations, or combinations thereof, to the Contracting Officer. Data obtained from another company must be disposed of in accordance with the contractor's agreement with that company, or if the agreement makes no provision for disposition, must be returned to that company.

The contractor must further certify in writing to the CO that all copies, modifications, adaptations, or combinations of such data or information which cannot reasonably be returned to the Contracting Officer

(or to the appropriate company), have been deleted from the contractor's (and any subcontractor's) records and destroyed.

(g) These restrictions do not limit the contractor's (or subcontractor's) right to use and disclose any data and information obtained from another source without restriction.

H001. Fixed-Price Incentive (Successive Targets) Contract:

The FAA will award a Fixed-Price Incentive (Successive Targets) Contract for Phase II – Construction and will negotiate one (1) price revision for CLIN 004 in accordance with clause 3.2.4-15 Incentive

Price Revision – Successive Targets before the Notice to Proceed (NTP) for construction. The FAA intends to negotiate one (1) target only. The purpose of the incentive contract is to enhance the ability of the contractor to increase both the amount and percentage of actual profit through cost reduction suggestions during Phase I – Design Assistance portion of the project.

After Phase I – Design Assistance Phase is complete, within 15 calendar days after the end of the month in which the Contractor has completed receipt of the FAA’s 100% design the Contractor shall submit the following data:

(1) A proposed Total Firm Target Cost for the construction work to be performed to include;

a) An estimate of costs of all supplies to be delivered and all services performed;

b) Sufficient data to support the accuracy and reliability of the estimate; and

c) An explanation of the differences between this estimate and the original estimate used to establish the initial target prices.

(2) Upon the Contracting Officer’s receipt of the required data as listed under (1), the Contracting Officer and the Contractor shall promptly establish a firm-fixed price (FFP) for determining final profit using the following:

a.) Parties negotiate a Total Firm Target Cost based on the submitted data.

b.) If Total Firm Target Cost is greater than Total Initial Target Cost, then the Total Initial Target

Profit shall be decreased.

c.) If Total Firm Target Cost is less than Total Initial Target Cost, then the Total Initial Target Profit shall be increased.

d.) The Initial Target Profit shall be increased or decreased by 50 % of the difference between the Total Initial Target Cost and Total Firm Target Cost. The result is the Total Firm Target

Profit.

e.) The Contracting Officer shall limit the amount of Total Firm Target Profit to between 6 % and 10 % of the Total Initial Target Cost.

f.) If the Total Firm Target Cost plus the Total Firm Target Profit represent a reasonable price for performing that part of the contract subject to price revision under this clause, the parties may agree on a Firm Fixed Price.

For example:

If the awardee puts in a number of $7,100,000 under CLIN 004, in B002:

Automatically, that means the following:

Total Initial Target Cost = $6,574,074 (7,100,000/1.08)

Total Initial Target Profit = $525,926 (6,574,074 x .08)

If the Awardee submits a Total Firm Target Cost at 10% Higher:

(i) Total Firm Target Cost = $7,231,481

(ii) Therefore, the Total Initial Target Profit shall be decreased. In this case the decrease shall be equal to 50% of the difference between the Total Initial Target Cost and Total Firm Target

Cost. The math works out to this: (525,926 – (.50(7,231,481-6,574,074))) = (525,926-

328,704) = 197,222.

(iii) But the Total Firm Target Profit has a floor: (.06(6,574,074) = 394,444.

(iv) Therefore, the resulting Contract Firm Fixed Price would be: 7,231,481 + 394,444 =

$7,625,925

If the Awardee submits a Total Firm Target Cost at 10% Lower:

(i) Total Firm Target Cost = $5,916,667

(ii) Therefore, the Total Initial Target Profit shall be increased. In this case the increase shall be equal to 50% of the difference between the Total Initial Target Cost and Total Firm Target

Cost. The math works out to this: (525,926 + (.50(6,574,074-5,916,667))) =

(525,926+…