RFO - DTFASA-17-R-00153 - Fresno CA ATCT Fire-Life Safety Upgrade.pdf

This acquisition is: Competitive Proposals Offers from specified businesses types will be accepted and considered using the Tiered Evaluation Method.

OFFEROR'S COPY

SOLICITATION NO: DTFASA-17-R-00153 DEPARTMENT OF

TRANSPORTATION

ISSUE DATE: January 20, 2017

PROPOSAL DUE DATE: April 26, 2017

FOR:

Fresno Airport Air Traffic Control Tower (ATCT) Fire-Life-Safety Upgrades

LOCATION: Fresno, CA

CONTRACTING OFFICER: Gary Yount

Western Service Area

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 n/a PART IV - REPRESENTATIONS & INSTRUCTIONS

E INSPECTION AND ACCEPTANCE

K

REPRESENTATIONS,

CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS

F DELIVERIES OR PERFORMANCE

G

CONTRACT ADMINISTRATION

DATA

L

INSTRUCTIONS, CONDITIONS,

AND NOTICES TO OFFERORS

H

SPECIAL CONTRACT

REQUIREMENTS

M

EVALUATION FACTORS FOR

AWARD

SOLICITATION, OFFER, AND

AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

DTFASA-17-R-00105

2. TYPE OF SOLICITATION

NEGOTIATED (RFO)

3. DATE ISSUED

January 20, 2017

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 - GARY YOUNT

1601 LIND AVE SW

RENTON, WA 98057

8. ADDRESS OFFER TO

Via email to gary.yount@faa.gov [see provision 3.2.2.3-20 Electronic Offers (July 2004) in Section L].

9. FOR INFORMATION

CALL:

A. NAME

GARY YOUNT

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

(425) 227-1177

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

Furnish all labor, material, equipment, transportation and supervision necessary to for the Fresno Airport Air Traffic Control Tower (ATCT) Fire-Life-Safety Upgrades, Fresno, CA, in accordance with all contract clauses, wage rates, specifications and drawings.

11. The Contractor shall begin performance within (see following Note) calendar days and complete it within (Note: See full-text clause 3.2.2.3-71 in Section I) days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See preceding Note).

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 If required, see clause SA28, Cost of Performance and Payment Bonds, in Section B.

12B. CALENDAR DAYS

14 (If required, see clause SA28).

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 (zero) copies to perform the work required are due at the place specified in Item 8 by _5:00 P.M. (hour) local time

April 26, 2017. If this is a sealed bid solicitation, offers must be publicly opened at that time. 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.

D. Offers providing less than 0 calendar days for Contract Authority acceptance after the date offers are due will not be considered and will be rejected

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. (Insert any number equal to or greater than the minimum requirement stated in Part IV Sections K (3.2.2.3-2) and L (3.2.2.3-22). Failure to insert any number means the offeror accepts the minimum in these sections).

AMOUNTS

SEE SCHEDULE, SECTION B, Prices/Costs.

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

AMENDMENT NO.

DATE

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

(Type or print)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

PAGE 13 CONTRACT

ADMINISTRATION

25.

26. ADMINISTERED BY

FEDERAL AVIATION ADMINISTRATION

WESTERN SERVICE AREA ACQUISITION GROUP

AAQ-530 - GARY YOUNT

1601 LIND AVE SW

RENTON, WA 98057

27. PAYMENT WILL BE MADE BY

FAA.MMAC

AMZ-110

PO BOX 25082

Oklahoma City, OK 73125

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 consists 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)

Gary L. Yount

30B. SIGNATURE 30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD

DATE

Section A - Solicitation/Contract Form

Clauses

SA11 * A1 FEDERAL, STATE, AND LOCAL TAXES - ALT 1

The contract price must include all applicable federal, state, and local taxes. [Reference FAA Clause 3.4.2-8 Federal, State, and Local Taxes - Fixed Price Contract (April 2013)].

(End of Clause)

SA12 INSURANCE

(a) During the term of this contract and any extension, the contractor shall maintain at its own expense the insurance required by this clause.

Insurance companies shall be acceptable to the Federal Aviation Administration. Policies shall include all terms and provisions required by the Federal Aviation Administration.

(b) The contractor shall maintain and furnish evidence of the following insurance, with the stated minimum limits:

(1) Worker's Compensation and Employer's Liability. The contractor shall comply with applicable Federal and State workers' compensation and occupational disease statutes. The contractor shall maintain employer's liability coverage of at least $100,000, or a higher limit as required locally, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(2) General Liability. The contractor shall maintain bodily injury general liability insurance written on a comprehensive form of policy of at least $100,000 per person and $500,000 per occurrence, or higher limits as required locally. Property damage limits, if any, will be set forth elsewhere in the 'Schedule.'

(3) Automobile Liability. If automobiles will be used in connection with performance of this contract, the contractor shall maintain automobile liability insurance written on a comprehensive form of policy with coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage, or higher limits as required locally.

(End of Clause)

SA40 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.

(End of Clause)

Section B - Supplies or Services/Prices Section B - Schedule Clause List

SA24 PRICES/COSTS FOR CONSTRUCTION

Furnish all labor, materials, equipment, transportation, insurance, notifications, licenses, permits, fees and supervision necessary for the Fresno Airport Air Traffic Control Tower (ATCT) Fire-Life-Safety Upgrades, Fresno, CA, in accordance with the specifications, drawings, contract clauses, and wage rates.

Contract Line Item (CLIN)

Description

Price

General requirements: On this line annotate all costs not specifically part of items 002 through 005.

002 Fire life safety upgrades. $

003 Stair pressurization system. $

004 Fire alarm system. $

005 Fire stopping system. $

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.

An offeror is required to provide a price for each 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.

(End of Clause)

SA28 COST OF PERFORMANCE AND PAYMENT BONDS

Offerors are instructed that if (1) any of the following bond clauses are present in Section I of this Request for Offers, and if (2) the sum of Contract Line Items (CLIN) above is either at or above $150,000, then they shall include their fee-quote for these bonds in the CLIN TOTAL price. If either condition 1 or 2 above is not met, then offerors will not include a fee-quote for bonds.

3.4.1-4 Performance Bond Requirements 3.4.1-5 Payment Bond Requirements

(End of Clause)

SA29 SOLICITATION QUESTIONS

All contractors proposing this project desiring an interpretation or clarification of the specifications, drawings, contract terms and conditions, etc., must make the request by e-mail to gary.yount@faa.gov. Alternately, you may fax your written questions to (faxed questions are not an option for this solicitation). 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. The Contracting Officer is the only person authorized to make clarifications, interpretations, or changes to this solicitation.

QUESTIONS ARE DUE by: March 29, 2017 at 5:00 PM Pacific Time.

(End of Clause)

SA30 SITE VISIT

There is an optional site visit on March 15, 2017 at 10:00 AM local time.

a. Meeting point.

5055 E Andersen Ave Fresno, CA 93727

b. The FAA facility escort has been instructed not to answer any questions about the project during the site visit, please do not ask them any.

All questions from the site visit must be submitted in writing according to the RFO’s instructions in Section B, Clause SA29 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.

c. To attend the site visit, advance notice by email is required by March 13, 20107 at 10:00 AM Pacific Time to the FAA points of contact listed just below. You are required to provide your company representative’s name.

Primary: Jay Kamani, jay.kamani@faa.gov, 425-227-2524.

Alternate: Cody Johnson, cody.b.johnson@faa.gov, 559-487-5327.

SA31 TIERED EVALUATION

A tiered evaluation of offers will be used in the source selection for this contract, see Section M for details.

(End of Clause)

SA32 SMALL BUSINESS

Reference to contract clause 3.6.1-1, Notice of Total Small Business Set-Aside in Section I, small businesses competing for this acquisition shall provide evidence of their eligibility for a set-aside award by completing their electronic annual Representations and Certifications via the System for Award Management (SAM) at https://www.sam.gov. Specifically, with reference to the SAM Representations and Certifications at FAR 52.219-1, Small Business Program Representations (Alternate I), contractors must provide evidence of eligibility as indicated in the Goods and Services section by selecting the letter “Y” or the word “Yes” for the North American Industry Classification System (NAICS) code applicable to this project: 236220, Commercial and Institutional Building Construction. According to the Small Business Administration, contractors who meet the small business size standard for NAICS code 236220 will have annual average receipts for the last three fiscal years that are equal-to or less-than $36.5 million.

(End of Clause)

SA33 ADDITIONAL PROJECT DETAILS

Estimated price range for this project: $300,000 to $350,000.

Contract wage determination applies for the DAVIS-BACON ACT see SECTION J, ATTACHMENTS. Offers shall include all applicable state and local taxes.

Submit offers to: See Section L below, provision SA52 SUBMISSION DATE AND PLACE.

PROPOSALS ARE DUE NO LATER THAN April 26, 2017 at 5:00 PM Pacific Time. 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.

The remainder of this page has been intentionally left blank.

Section C - Description/Specifications

Scope of Work Clause List

SA34 TECHNICAL SPECIFICATION

You must obtain an official copy of the technical specification and drawings (drawings are an attachment to the specification) from the FAA Contract Opportunities website: https://faaco.faa.gov/. Select ""Announcements"" from the left- side menu, then select the “more search options” link in the middle of the page, then enter the RFO number DTFASA-17-R-00153 in the "Title/Abstract Text" search field and click the “search” button at the bottom of the page. Then click on the resulting hyperlink. At the next web page, follow the instructions for receiving electronic files for the technical specification and drawings. Alternatively, you may obtain this information by: (Not applicable to this solicitation. The preceding instructions are the only official means of obtaining this information).

DOCUMENT TYPE Electronic FILE NAME

Technical Specification Tech Spec - DTFASA-17-R-00153 - Fresno CA ATCT FireLife Safety Upgrade (1-10-2017 FAT

FLS SPECS)

Drawings Drawings - DTFASA-17-R-00153 - Fresno CA ATCT FireLife Safety Upgrade (1-10-2017 FAT FLS DWGs)

Section D - Packaging and Marking

Clause List

This section not used.

Section E - Inspection and Acceptance

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 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 (SEP 2009)

Section F - Deliveries or Performance

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)

3.10.1-24 NOTICE OF DELAY (MAR 2009)

SA35 FAA HOLIDAY MORATORIUM

No work shall be scheduled or take place during the week of and the weekend preceding the following holidays:

Thanksgiving, Christmas and New Year’s Day. Only emergency work to restore critical services to the facility will be considered and a moratorium waiver must be submitted and approved. The moratorium period will not be counted against the contract construction duration for the project.

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.

(End of clause)

3.10.1-23 CONTRACTING OFFICER'S REPRESENTATIVE-CONSTRUCTION CONTRACTS (APR 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 at least _two 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. (End of clause)

SA14 AUTHORITY OF THE GOVERNMENT

No one other than the Contracting Officer has the authority to authorize or make changes in the terms, conditions, change the scope of work or specifications in the contract, make any commitments or otherwise obligate the Government, or authorize any changes which affect the contract price, delivery schedule, period of performance, or other terms and conditions of the contract.

SA36 CORRESPONDENCE

The contracting officer prefers to receive written communication and documents electronically via email at gary.yount@faa.gov. All email correspondence to the FAA must state the contract number in the “Subject” field. Electronic documents must be accompanied by an explanatory email and should be sent in a portable-document-format type file (file extension “pdf”), such as Adobe Acrobat. Vendors are required to ensure that the quality of the administrative content in electronic files represents a reasonably high business standard. The Government is not responsible for the administrative ordering or legibility of correspondence received electronically. Emailed files/documents may not be in a zipped format. If electronic file sizes (i.e., typically expressed as kilobytes or megabytes) are too large for email attachments, recommend delivery in compact disk (CD) format submitted via hard-copy mail. Any CD mailing or printed-paper, hard-copy correspondence will be sent to the contracting officer at the following address.

FEDERAL AVIATION ADMINISTRATION

WESTERN SERVICE AREA ACQUISITION GROUP

AAQ-530 - GARY YOUNT

1601 LIND AVE SW

RENTON, WA 98057

SA37 INVOICE SUBMISSION

The Contractor shall submit certified requests for payment concurrently to both the COR and the contracting officer. Instructions for submitting invoices and related correspondence to the contracting officer are described in contract clause SA36, above. The contractor is responsible for contacting the COR to determine their preferred method of correspondence.

(End of Clause)

SA38 SUBCONTRACT ACKNOWLEDGMENT

Within ten (10) days after contract award of any tier subcontract for performance or work at the construction site, the contractor shall deliver to the Contracting Officer an executed SF 1413, Statement and Acknowledgment form by which the contractor and the subcontractor acknowledge that the labor standards clauses of this contract have been included in the subcontract and in any lower tier subcontract awarded for work under this contract [also reference contract clause 3.6.2-22 Subcontracts (Labor Standards)]. The contractor may request this form from the Contracting Officer. Nothing contained in this contract shall create any contractual relation between a subcontractor and the Government.

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 (JUL 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 Documents must be transmitted/received from a secure email account.

(End of Clause)

SA15 INSURANCE REQUIREMENTS SCHEDULE

It is agreed that the Federal Aviation Administration, the property owner(s) and their representatives will be held harmless by the Contractor for any loss or damage to sheds, tools, equipment, property and materials of the Contractor, and his subcontractors, their servants and employees, it being understood that the Contractor may at his expense carry any insurance which may be required to provide the necessary protection against such loss or damage.

The Contractor shall not commence work under the contract until he has obtained all the insurance required hereunder and such insurance has been approved by the Contracting Officer. Approval of the insurance by the Contracting Officer shall not relieve or decrease the liability of the Contractor.

SA17 STATE REGULATION OF FEDERAL CONSTRUCTION PROJECTS

FAA contractors may encounter requests from State and local governments for the FAA’s contractors to obtain building permits, zoning approval, sanitation approval, etc. Based on the "Supremacy Clause” set forth in Article 6 of the United States Constitution, construction contractors may not be required to obtain permits or approvals from State and local governments for work done under government contracts on government projects. However, State and local governments do have enforcement authority for safety and environmental protection as specified by the Occupational Safety and Health Administration (OSHA), the Comprehensive Environmental Response, compensation and Liability (Superfund) Act (CERCLA), and the Resource Conservation and Recovery Act (RCRA).

Contractors who encounter attempts by State or local government entities to assess various types of fees, permits or approvals are advised to inform the Contracting Officer immediately if the assessing entity attempts in any way to prevent or hinder the contractor at the job site.

SA39 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.

(End of Clause)

SA41 APPLICABLE MINIMUM HOURLY RATES OF WAGES

(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 adjustments to wage rates.

The contractor shall abide by and conform to all applicable laws and Executive Orders, as well as 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 and 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. CA170029 01/20/2017 CA29 for the prevailing wages for Fresno County, CA. This wage decision is hereby incorporated into this request for offer (RFO) and will be a part of any resultant contract.

(End of Clause)

SA42 WARRANTY COVERAGE

The warranty provisions of clause 3.10.1-20 Warranty -Construction are hereby incorporated into the subject contract as representing 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. For example, the contractual warranty period for roofing is 20 years. 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 by interpreted to be less than one (1) year, nor the rights and remedies available to the government be any less than as provided by FAA AMS clause 3.10.1-20.

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.

(End of clause)

3.1.7-1 EXCLUSION FROM FUTURE AGENCY CONTRACTS (AUG 1997)

3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (AUG 1997)

3.1.7-4 ORGANIZATIONAL CONFLICT OF INTEREST - MITIGATION PLAN REQUIRED (APR 2012)

3.1.7-5 DISCLOSURE OF CONFLICTS OF INTEREST (MAR 2009)

3.2.2.3-8 AUDIT AND RECORDS (JUL 2010)

3.2.2.3-33 ORDER OF PRECEDENCE (MAR 2009)

3.2.2.3-42 DIFFERING SITE CONDITIONS (JUL 2004)

3.2.2.3-43 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (JUL 2004)

3.2.2.3-45 MATERIAL AND WORKMANSHIP (JUL 2004)

3.2.2.3-46 SUPERVISING THE CONTRACT WORK (JUL 2004)

3.2.2.3-47 PERMITS AND RESPONSIBILITIES (JUL 2004)

3.2.2.3-48 OTHER CONTRACTS (MAR 2009)

3.2.2.3-49 PROTECTING EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (JUL 2004)

3.2.2.3-50 PROPERTY PROTECTION (OCT 2014)

3.2.2.3-51 OPERATIONS AND STORAGE AREAS (APR 2012)

3.2.2.3-52 USE AND POSSESSION BEFORE THE PROJECT IS COMPLETE (JUL 2004)

3.2.2.3-53 CLEANING UP AND ROADWAY MAINTENANCE (JUL 2004)

3.2.2.3-54 PREVENTING ACCIDENTS (JUL 2004)

3.2.2.3-55 AVAILABILITY AND USE OF UTILITY SERVICES (JUL 2004)

3.2.2.3-56 SCHEDULES FOR CONSTRUCTION CONTRACTS (JUL 2004)

3.2.2.3-57 QUANTITY SURVEYS (JUL 2004)

3.2.2.3-58 LAYOUT OF WORK (MAR 2009)

3.2.2.3-59 ORGANIZATION AND DIRECTION OF THE WORK (JUL 2004)

3.2.2.3-60 SPECIFICATIONS, DRAWINGS, AND MATERIAL OFFERS (MAR 2009)

3.2.2.3-62 PRECONSTRUCTION CONFERENCE (JUL 2004)

3.2.2.3-64 DISMANTLING AND DEMOLISHING OF PROPERTY (JUL 2004)

3.2.2.3-65 USE OF EXPLOSIVES (JUL 2004)

3.2.2.3-66 CONTRACTOR'S DAILY LOG (JUL 2004)

3.2.2.3-67 SPECIAL PRECAUTIONS FOR WORK AT OPERATING AIRPORTS (JUL 2004)

3.2.2.3-68 SAFETY AND HEALTH (OCT 2014)

3.2.2.3-69 SUBCONTRACTS - CONSTRUCTION (JUL 2004)

3.2.2.3-73 SHIPPING SPARE PARTS (MAR 2009)

3.2.2.3-83 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (OCT 2015) 3.2.2.7-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (APR 2011)

3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)

3.2.4-4 FIXED-PRICE CONTRACTS WITH ECONOMIC PRICE ADJUSTMENT-LABOR AND MATERIAL (APR 1996)

3.2.5-1 OFFICIALS NOT TO BENEFIT (APR 1996)

3.2.5-3 GRATUITIES OR GIFTS (JAN 1999)

3.2.5-4 CONTINGENT FEES (OCT 1996)

3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2010)

3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 1996)

3.3.1-2 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (APR 1996)

3.3.1-9 INTEREST (SEP 2009)

3.3.1-12 LIMITATION OF COST (APR 1996)

3.3.1-13 LIMITATION OF COST (FACILITIES) (APR 1996)

3.3.1-19 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (SEP 2009)

3.3.1-20 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (OCT 2012)

3.3.1-31 PROGRESS PAYMENTS (NOV 2000)

3.3.1-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD MANAGEMENT (AUG 2012)

3.3.2-1 FAA COST PRINCIPLES (JAN 2016)

3.4.1-4 PERFORMANCE BOND REQUIREMENTS (OCT 2010)

3.4.1-5 PAYMENT BOND REQUIREMENTS (APR 1996)

3.4.1-6 ADDITIONAL BOND SECURITY (APR 1996)

3.4.1-7 NOTICE TO PROCEED (APR 1996)

3.4.1-10 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JUL 1996)

3.4.1-12 INSURANCE (JUL 1996)

3.4.2-6 TAXES - CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO (OCT 1996)

3.4.2-8 FEDERAL, STATE, AND LOCAL TAXES - FIXED PRICE CONTRACT (APR 2013)

3.5-1 AUTHORIZATION AND CONSENT (JAN 2009)

3.5-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JAN 2009)

3.5-4 PATENT INDEMNITY - CONSTRUCTION CONTRACTS (JAN 2009)

3.6.1-1 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JAN 2010)

3.6.1-3 UTILIZATION OF SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED, AND SERVICE-DISABLED

VETERAN OWNED SMALL BUSINESS CONCERNS (MAR 2009)

3.6.1-4 SMALL, SMALL DISADVANTAGED, WOMEN-OWNED AND SERVICE-DISABLED VETERAN OWNED SMALL

BUSINESS SUBCONTRACTING PLAN (AUG 2012)

3.6.1-7 LIMITATIONS ON SUBCONTRACTING (APR 2016)

3.6.1-15 POST-AWARD SMALL BUSINESS PROGRAM RE-REPRESENTATION (OCT 2016)

3.6.2-1 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-OVERTIME COMPENSATION (JAN 2012)

3.6.2-2 CONVICT LABOR (APR 1996)

3.6.2-9 EQUAL OPPORTUNITY (AUG 1998)

3.6.2-12 EQUAL OPPORTUNITY FOR VETERANS (JAN 2011)

3.6.2-13 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010)

3.6.2-16 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (APR 1996)

3.6.2-18 DAVIS BACON ACT (OCT 2010)

3.6.2-19 WITHHOLDING-LABOR VIOLATIONS (APR 1996)

3.6.2-20 PAYROLLS AND BASIC RECORDS (APR 2011)

3.6.2-21 APPRENTICES, TRAINEES, AND HELPERS (OCT 2010)

3.6.2-22 SUBCONTRACTS (LABOR STANDARDS) (OCT 2010)

3.6.2-23 CERTIFICATION OF ELIGIBILITY (APR 1996)

3.6.2-35 PREVENTION OF SEXUAL HARASSMENT (AUG 1998)

3.6.2-39 TRAFFICKING IN PERSONS (OCT 2015)

3.6.2-44 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (JAN 2012) 3.6.3-9 OZONE DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL HYDROFLUOROCARBONS

(OCT 2016)

3.6.3-13 AFFIRMATIVE PROCUREMENT OF RECYCLED CONTENT AND PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (OCT 2016)

3.6.3-14 USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS (OCT 2016)

3.6.3-16 DRUG FREE WORKPLACE (MAR 2009)

3.6.3-17 EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (OCT 2016)

3.6.3-19 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS (OCT 2016)

3.6.3-21 EFFICIENCY IN WATER CONSUMING PRODUCTS AND SERVICES (OCT 2016)

3.6.3-23 DELIVERY OF ELECTRONIC AND PAPER DOCUMENTS (OCT 2016)

3.6.3-24 ASBESTOS NESHAP COMPLIANCE (OCT 2015)

3.6.4-4 BUY AMERICAN ACT - CONSTRUCTION MATERIALS UNDER NORTH AMERICAN FREE TRADE AGREEMENT

(OCT 2015)

3.6.4-5 BUY AMERICAN - STEEL AND MANUFACTURED PRODUCTS (JUL 2010)

3.6.4-8 BUY AMERICAN ACT - NAFTA IMPLEMENTATION ACT - BALANCE OF PAYMENTS PROGRAM (OCT 2014)

3.6.4-10 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JAN 2010)

3.6.4-21 EXPORT CONTROL (JUL 2014)

3.6.5-1 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN OWNED ECONOMIC ENTERPRISES (MAR 2009)

3.9.1-1 CONTRACT DISPUTES (OCT 2011)

3.9.1-2 PROTEST AFTER AWARD (AUG 1997)

3.10.1-7 BANKRUPTCY (APR 1996)

3.10.1-8 SUSPENSION OF WORK (SEP 1998)

3.10.1-15 CHANGES-CONSTRUCTION, DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS (JUL 1996)

3.10.1-16 CHANGES AND CHANGED CONDITIONS (APR 1996)

3.10.1-20 WARRANTY-CONSTRUCTION (JUL 1996)

3.10.1-25 NOVATION AND CHANGE-OF-NAME AGREEMENTS (OCT 2007)

3.10.1-26 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (APR 2013)

3.10.2-1 SUBCONTRACTS (FIXED-PRICE CONTRACTS) (APR 1996)

3.10.2-5 COMPETITION IN SUBCONTRACTING (JAN 1998)

3.10.4-19 GOVERNMENT INDUSTRY DATA EXCHANGE PROGRAM (GIDEP) (JAN 2002)

3.10.4-23 CONTRACTOR AND SUBCONTRACTOR COMPLIANCE WITH FASTENER ACT (NOV 1997)

3.10.6-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (OCT 1996)

3.10.6-6 DEFAULT (FIXED PRICE CONSTRUCTION) (OCT 1996)

3.10.6-7 EXCUSABLE DELAYS (OCT 1996)

3.13-5 SEAT BELT USE BY CONTRACTOR EMPLOYEES (OCT 2001)

3.13-13 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (JAN 2011)

3.13-14 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2012)

3.14-3 FOREIGN NATIONALS AS CONTRACTOR EMPLOYEES (APR 2014)

3.14-5 SENSITIVE UNCLASSIFIED INFORMATION (SUI) (JUL 2013)

3.2.2.3-37 NOTIFICATION OF OWNERSHIP CHANGES (JUL 2004)

(a) The Contractor (you) must notify FAA in writing within 30 days when you become aware that a change in ownership has occurred or will occur and that the change could affect the value of your capitalized assets in the accounting records, asset valuations, or cause any other cost changes.

(b) You must:

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the Contracting Officer (CO) access to the records on request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of your ownership changes; and

(4) Retain and maintain depreciation and amortization schedules based on the asset records maintained before each ownership change.

(c) You must include the substance of this clause in all subcontracts under this contract with a value exceeding $1,000,000 and that require cost and price data. (End of clause)

3.2.2.3-41 PERFORMING WORK (JUL 2004)

The Contractor (you) must perform, using your own organization, work equivalent to at least 15 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.

3.2.2.3-44 PHYSICAL DATA (JUL 2004)

Data and information the FAA (we, us) provides or refers to below is for the Contractor's (your) information. We are not responsible for your interpretation of or conclusions based on the data or information. Further, we do not warrant construction methodology which may be included in these documents.

(a) The descriptions of physical conditions on the drawings and in the specifications are the result of site investigations by (contractor to consult the technical specification, or other technical materials when applicable. FAA may clarify upon request).

(b) Other relevant information [same as "(a)" above]. (End of clause)

3.2.2.3-71 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (JUL 2004)

The Contractor (you) must

(a) begin work under this contract within 5 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 180 calendar days from the notice to proceed date . The time allowed for completion must include final cleanup of the premises.

(End of clause)

3.2.5-15 ATTORNEY-CLIENT PRIVILEGE (JAN 2016)

(a) During performance of the contract, the Contractor may be required to attend meetings at which FAA employees seek and receive legal advice from FAA attorneys. The FAA intends, and the Contractor agrees, that such advice must be treated as confidential legal advice, that the Contractor must not discuss with or otherwise disclose such legal advice to any person, that such advice must not be included in notes (electronic or otherwise), written reports, or minutes of such meetings, and that such advice must not be redistributed, forwarded or otherwise transmitted. For the purposes of asserting the Attorney-Client privilege with regard to such information, the Contractor and its employees must be considered agents of the FAA.

(b) During performance of this Contract, the Contractor also may encounter, come into possession of or otherwise become aware of documents or other communications and/or their contents which reflect legal advice from FAA attorneys. The FAA intends, and the Contractor agrees, that such advice must be treated as confidential legal advice, that the Contractor must not discuss with or otherwise disclose such legal advice to any person, that such advice must not be included in notes (electronic or otherwise), written reports, or minutes of such meetings, and that such advice must not be redistributed, forwarded or otherwise transmitted. For the purposes of asserting the Attorney- Client privilege with regard to such information, the Contractor and its employees must be considered agents of the FAA.

(c) Employees of the Contractor may be asked to participate as witnesses in judicial or administrative meetings, litigation or other proceedings where Contractor employees participation is necessary. In such proceedings involving third parties to which the Contractor is not a named party, the Contractor must support the FAA by promptly providing to the FAA any documents requested which the Contractor may have in its possession and by making Contractor employees available to assist FAA attorneys. This clause does not preclude the Contractor or the Contractor employees from being represented by Counsel retained by the Contractor or the Contractor employee, provided such representation is at no direct cost to the FAA.

(d) The contractor must consider any and all other communications between attorney and client it encounters, however denominated, as communications that are part of the FAA deliberative process, attorney-client or attorney- work product, all of which are privileged and not subject to disclosure outside the Agency or to the public.

(e) If the Contractor believes it cannot or will not comply with the obligations set forth in this clause, it has an affirmative obligation immediately to notify the Contracting Officer. Any failure by the Contractor to ensure compliance by its employees with this clause will be considered by the FAA to be a material breach of the contract. The obligations set forth in this clause survive the contract.

(End of clause)

3.3.1-33 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

(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. If registered in SAM as a Service-Disabled Veteran-Owned Small Business (SDVOSB), by submission of an offer, the offeror acknowledges that they are designated as a SDVOSB by the Department of Veterans Affairs, and this designation appears as such on the Veteran Affairs website, https://www.vip.vetbiz.gov.

(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:

(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.

(End of Clause)

3.6.2-14 EMPLOYMENT REPORTS ON VETERANS (JAN 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,…