RFOplaygroundrestoration.pdf

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

Screening Information Request (SIR) Request for Offer

SOLICITATION PACKAGE

For: Resoration of the Child Care Center Miami, FL

Location: Miami, Florida

Solicitation # DTFASA-17-R-00660

Issue Date: June 5, 2017

Submit Offers To: DOT/Federal Aviation Administration Attn: Susan Newcomb, Contracting Officer FAA, Eastern Logistics (AAQ-511 Boston) Acquisition Management Branch 1200 District Avenue Burlington, MA 01803

Submit By: 5:00 PM Local Time on June 29, 2017

Special Features:

• Insurance is required

• Payment and Performance Bonds are required

This acquisition is [X] conducted under the FAA’s Acquisition Mgmt System [X] conducted under Screening Information Request (SIR) Request for Offer (RFO) procedures [X] Full and Open Competition [X} North American Industry Classification System (NAICS) code 238990 - $15 Million

SOLICITATION, OFFER

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

NOTE: In sealed bid solicitations "offer" and "offeror" means "bid" and "bidder"

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED BID (RFP)

ES-17-02679

FEDERAL AVIATION ADMINISTRATION

EASTERN SERVICE AREA

AAQ-510-BOS ACQUISITION GROUP

1200 DISTRICT AVENUE

AAQ510BOS-AFN

BURLINGTON MA 01803

Susan Newcomb 781-238-7659

106/02/2017 48

PURCHASE REQUEST NO.

DTFASA-17-R-00660

10. THE CONTRACT AUTHORITY REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

SCOPE: Provide all labor, materials, equipment and supervision necessary to Replace

Child Care Center Playground Base at the Miami Air Route Traffic Control Center, Miami, Florida.

You must provide an Offer Breakdown, consisting of how you calculated the pricing of your proposal. i.e. labor, materials, overhead, profit, etc. If you fail to submit an offer breakdown, your proposal runs the risk of being nonresponsive to the

Solicitation requirements, and could be disqualified from further consideration.

IN ORDER TO DO BUSINESS WITH THE FEDERAL GOVERNMENT YOU MUST BE REGISTERED IN THE

SYSTEM FOR AWARD MANAGEMENT (SAM). SEE CLAUSE 3.3.1-33 “SYSTEM FOR AWARD

MANAGEMENT”: (OCTOBER 2016).

The FAA, as the Federal Government, is tax exempt. The awarded contractor will be responsible for any/all local, state, and/or federal taxes.

All submittals must be submitted electronically in PDF format.

Continued ...

11. The Contractor shall begin performance within

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

award notice to proceed. The performance period is mandatory, negotiable. (See ________________________________________________ .)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and is not required.is, B. An offer guarantee

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.

(date). 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.

D. Offers providing less than

12B. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in item 12B.)

10 60 calendar days and complete it within ________________ ________________ calendar days after receiving

1 1700

06/29/2017 x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Contract Authority acceptance after the date offers are due will not be considered and will _________________ be rejected.

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 Contract Authority in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13D. Failure to insert any number means the offeror accepts the minimum in item 13D.)

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

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (MUST BE FULLY COMPLETED BY OFFEROR)

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

AMENDMENT NO

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Contract Authority)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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 Contract Authority 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)

30B. SIGNATURE 30C. DATE 31B. CONTRACT AUTHORITY 31C. AWARD DATE

BY

2PAGE OF

FEDERAL AVIATION ADMINISTRATION

EASTERN SERVICE AREA

AAQ-510-BOS ACQUISITION GROUP

1200 DISTRICT AVENUE

AAQ510BOS-AFN

BURLINGTON MA 01803

Susan Newcomb

28. NEGOTIATED AGREEMENT 29. AWARD

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.

copies to issuing office.)

Continued...

1 Job Lump Sum $_______________________

DTFASA-17-R-00660

Section B - Supplies or Services/Prices

Section B – Schedule

SCOPE: Provide all labor, materials, equipment and supervision necessary to Replace Child Care Center Playground Base at the Miami Air Route Traffic Control Center, Miami, Florida.

The Prime Contractor is responsible for all items of work identified in the attached FAA Specifications and provisions of the Contract as described in Section J.

A site visit has been scheduled on Wednesday June 14, 2017 at 1:00 p.m. offerors are strongly urged and expected to attend. Due to security requirements, all attendees must have a valid photo ID., i.e. state driver’s license. All prospective attendees must submit a list of attendance 48 prior to the site visit to Susan.Newcomb@faa.gov

The remainder of this page has been intentionally left blank.

Section C - Description/Specifications

Scope of Work:

Specification: Miami Air Route Traffic Control Center, Miami, Florida – Replace Child Care Center Playground Base Specifications dated April 12, 2017

Drawings as listed in Specifications

Clause List

Section D - Packaging and Marking

N/A

Section E - Inspection and Acceptance

Clause List

3.10.4-10 INSPECTION OF CONSTRUCTION (SEP 2009)

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

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

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

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

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

(3) Constitute or imply acceptance; or

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

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

(e) The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer.

The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

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

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

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

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

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

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

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

(End of clause)

Section F - Deliveries or Performance

Clause List

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.

3.10.1-11 GOVERNMENT DELAY OF WORK (APR 1996)

3.10.1-24 NOTICE OF DELAY (MAR 2009)

Section G - Contract Administration Data

Clause List

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 10 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)

G.1 INDEX FOR SPECIFICATIONS

If an index or table of contents is furnished in connection with specifications, it is understood that such index or table of contents is for convenience only. Its accuracy and completeness is not guaranteed, and it is not to be considered as part of the specification. In case of discrepancy between the index or table of contents and specifications, the specifications shall govern.

G.2 PAYMENTS

The Contractor shall submit an application for payment monthly, or at more frequent intervals if determined by the Contracting Officer. The application for payment shall be submitted to the COR for approval. The COR will forward the payment application to the Contracting Officer for payment processing. The application for payment shall be broken down to include a schedule of values. Also, in accordance with Clause no. 3.3.1-2 entitled “Payments under Fixed Price Construction Contracts”, applications for payments submitted require the certification stated in paragraph (c) of this clause. Requests for payment that do not contain the required certification will not be processed for payment

Section H - Special Contract Requirements

Clause List

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 digital signature.

(End of Clause)

H.1 WAGE RATE DETERMINATION

In accordance with Clause No. 3.6.2-18 entitled “Davis-Bacon Act”, for any laborer or mechanic that is employed in a classification that is not listed in the following wage determination, after contract award the contractor is required to submit to the Contracting Officer, Standard Form 1444, Request for Authorization of Additional Classification and Rate. The request shall contain the proposed additional classification and minimum wage rate including any fringe benefit payments.

WAGE RATE DETERMINATION:

The applicable Building, wage rate determination is U.S. Department of Labor General Decision Number FL20160260: including Modification 0-3, Miami-Dade County, attached hereto, and made a part thereof.

Section I - Contract Clauses

Clause List

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)

3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (AUG 1997)

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)

3.2.2.3-56 SCHEDULES FOR CONSTRUCTION CONTRACTS (JUL 2004)

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

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

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

3.2.2.3-68 SAFETY AND HEALTH (OCT 2014)

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)

3.2.5-1 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)

3.2.5-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE FAA (APR 1996)

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)

3.3.1-15 ASSIGNMENT OF CLAIMS (APR 1996)

3.3.1-19 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

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

2012)

3.3.1-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD MANAGEMENT

(AUG 2012)

3.4.1-6 ADDITIONAL BOND SECURITY (APR 1996)

3.4.1-7 NOTICE TO PROCEED (APR 1996)

3.4.1-9 DEPOSIT OF ASSETS INSTEAD OF SURETY BONDS (APR 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)

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

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)

3.6.2-1 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 (APR 2017)

3.6.2-19 WITHHOLDING-LABOR VIOLATIONS (APR 1996)

3.6.2-20 PAYROLLS AND BASIC RECORDS (APRIL 2017)

3.6.2-21 APPRENTICES, TRAINEES, AND HELPERS (APRIL 2017)

3.6.2-22 SUBCONTRACTS (LABOR STANDARDS) (APRIL 2017)

3.6.2-23 CERTIFICATION OF ELIGIBILITY (APRIL 2017)

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)

3.6.3-7 WASTE MANAGEMENT AND POLLUTION PREVENTION (APRIL 2017)

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)

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

3.6.3-24 ASBESTOS NESHAP COMPLIANCE (OCT 2015)

3.6.3-25 AEROSOLS (OCT 2016)

3.6.3-26 FOAMS (OCT 2016)

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

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

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)

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

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)

3.13-11 PLAIN LANGUAGE (JUL 2006)

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

3.14-2 Contractor Personnel Suitability Requirements (July 2016)

1. No contractor employee, subcontractor, or consultant will be granted unescorted access without possessing a valid FAA Identification Card.

2. Consistent with FAA Order 1600.72, the FAA Servicing Security Element (SSE) must approve designated risk levels for the positions under the contract. Those risk levels are:

Position Risk Level: LOW RISK – ESCORT REQUIRED

3. For all contractor employees, subcontractors, or consultants requiring a FAA Identification Card, the contractor will:

a. Submit to the SSE a point of contact (POC) who will enter applicant data into the Vendor Applicant Process (VAP) system (vap.faa.gov)

b. The Contractor's VAP POC is responsible for entering all contractor employee information into the system.

4. Authorization for the contractor to begin work will be an interim or final suitability notification from the SSE.

5. If an employee has had a previous U. S. Government conducted background investigation which meets, at the minimum, the investigative requirements FAA Order 1600.72 and Federal Information Processing Standards Publication 201 (FIPS-201) series, it will be accepted by the FAA. However, the FAA reserves the right to conduct further investigations, if necessary.

a. If a prior investigation exists and there has not been a two-year break in service by the applicant, the SSE will notify the contractor that no investigation is required and that final suitability is approved.

b. The contract may include positions that are temporary, seasonal, or under escort only as defined by FAA Order 1600.72. [In such cases, an OPM Position Designation Tool (PD Tool) for each specific position will be established as the minimum investigative requirements may differ from the NACI.]

6. If no previous investigation exists, the SSE will:

a. Send the applicant an e-mail (this step may be delegated to VAP POC) stating that no previous investigation exists and the applicant must complete a form through the Electronic Questionnaires for Investigations Processing (eQIP) system;

b. Instruct the applicant how to enter and complete the eQIP form;

c. Provide where to send/fax signature and release pages and other applicable forms;

d. Provide instructions regarding fingerprinting.

e. The applicant must complete the eQIP form and submit other required material within 15-calendar-days of receiving the e-mail from the SSE.

f. For items to be submitted outside eQIP, the contractor must submit the required information, referencing the contract number, as follows:

Regional and Center Contracts:

(Puerto Rico, Florida, NC, SC):

William J. Cuesta, Risk Management Specialist Joint Security and Hazardous Materials Office, East, 11410 NW 20th Street Suite # 250

(305) 305-716-3330 Ext 206 FAX : (305) 716- 3344 E-mail : william.cuesta@faa.gov

7. The CO will provide notice to the contractor within 24-hours after receipt of a determination that the contractor or its employee has not complied with any security related contract requirements, any security related FAA Order, or if a contractor employee's conduct is objectionable or contrary to the public interest, or inconsistent with the best interest of national security. The notice will instruct the contractor to remove its employee's access to FAA premises or networks, or otherwise remedy the contractor's performance.

8. The contractor must immediately comply with the CO direction to remedy its security performance at the contractor's expense, including removing the employee from FAA premises and networks. If the contractor employee is working under an interim suitability authorization, the contractor must take appropriate action, including the removal of the contractor employee form working on this FAA contract, at their own expense. Once action has been taken, the contractor will report the action via the VAP within the timeframe prescribed in paragraph 10 of this clause.

9. No contract employee will work in a high, moderate, or low risk position unless the SSE has authorized the contractor employee to begin work. This authorization comes only in the form of an Interim or Final Suitability e-mail/letter notification from FAA/ASH/SSE.

10. The Contractor must update the VAP within twenty-four (24) hours after any contractor employee is terminated/transferred from performance on the contract. If the FAA issued the contract employee an identification card, the contractor must collect the card and return it to the SSE within five-business-days of the employee's termination or transfer.

11. Monthly, the Contractor's VAP POC will request a report within the VAP that provides a list of all contractors for each contract the POC oversees. Within twenty-four (24) hours, the Contract VAP POC must correct the VAP to address any discrepancies identified in the monthly report.

12. After coordination with the SSE, the CO may require contractor employees to submit any other security information (including additional fingerprinting) deemed reasonably necessary to protect the interests of the FAA. In this event, the contractor must provide, or cause each of its employees to provide, such security information to the

SSE.

13. The contractor and/or subcontractor(s) must contact the CO, COR, SSE (Joint Security and Hazardous Materials Safety Office, East (781) 238-7701) or AIN-420 at Headquarters within one-business-day in the event an employee is arrested (i.e., taken into custody by law enforcement for any offenses, other than minor traffic offenses) or is involved in theft of government property or the Contractor becomes aware of any information that may raise a question about the suitability of a contractor employee.

14. Failure to submit information required by this clause within the time required may be determined by the CO a material breach of the contract, and may result in suspension or revoked access to FAA assets for the Contractor's employee.

15. If subsequent to the effective date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in direct contract costs or otherwise affect any other term or condition of this contract, the contract will be subject to an equitable adjustment.

mailto:william.cuesta@faa.gov

16. The contractor agrees to insert terms that conform substantially to the language of this clause, excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access and where the exceptions under FAA Order 1600.72 do not apply.

(End of Clause)

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

(a) Definition. "Foreign National" is any citizen or national of a country other than the United States who has not immigrated to the United States. and is not a Legal Permanent Resident (LPR) of the United States.

(b) Each contractor or subcontractor employee under this contract having access to FAA facilities, sensitive information, or resources must be a citizen of the United States, or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card Form I-151, or who presents other evidence from the U.S. Citizenship and Immigration Service that employment must not affect his/her immigration status.

(c) Aliens and foreign nationals proposed under this contract must meet the following conditions in accordance with FAA Order 1600.72A, chapter 5, paragraph 7 & 8:

(1) Must have resided within the United States for three (3) of the last five (5) years unless a waiver of this requirement is requested and approved in accordance with the requirements stated in FAA Order 1600.72A, chapter 5, paragraph 9;

(2) A risk or sensitivity level designation can be made for the position; and

(3) The appropriate security-related background investigation/inquiry can be adequately conducted.

(d) Foreign nationals proposed under this contract must meet the following additional conditions:

(1) Provide a current passport and Place of Birth in order to successfully pass a Security background check in accordance with the FAA Order 1600.74, Visitor Policy, and

(2) Successfully pass an export control review as outlined in FAA Order 1240.13 FAA Export Control Compliance.

(e) Interim suitability requirements may not be applied unless the position is low/moderate in risk, and/or temporary, and/or is not in a critical area position.

(End of Clause)

3.14-4 Access to FAA Systems and Government Issued-Property (November 2016)

1. It may become necessary for the Government to grant access to FAA systems or issue government property to contractor employees. Prior to or upon completion or termination of the work under the contract, the contractor must return all such government issued property to the Contracting Officer's Representative (COR).

2. When contractor employees who have been issued such items are terminated or no longer required to perform the work, or will not be accessing FAA systems for 30 or more calendar days, the government-issued property must be returned to the Government and the employee status in the Vendor Application Process (VAP) System must be updated within 24-hours after the Contractor employee no longer needs access.

3. Improper use, possession or alteration of government-issued property is subject to penalties under Title 18, USC 499, 506, 701, and 1030.

4. In the event such government issued property is lost, stolen, or not returned, the contractor understands and agrees that the Government may, in addition to any other withholding provision of the contract, withhold $100 for each item of government issued property not returned. If the government issued property is not returned within 30-calendar-days from the date the withholding action was initiated, any amount so withheld is forfeited by the contractor. Regarding FAA Personally Identifiable Information (PII) contained within portable devices that are lost.

stolen, or not returned, the contractor must additionally report such a loss, theft, or non-return within one (1) hour to the FAA Security Operations Center (phone 1(866)-580-1852(Option 1) or email 9-AWA-SOC@faa.gov).

5. Access to aircraft ramp/hangar areas is authorized only to those persons displaying a flight line identification card and for vehicles, with a current ramp permit issued pursuant to Title 49, Part 1542, Code of Federal Regulations.

6. The Government retains the right to inspect inventory, or audit government property issued to the contractor in connection with the contract and do so at the convenience of the Government. Any items not accounted for, to the satisfaction of the Government, will be assumed to be lost and the provisions of section (4) of this clause apply.

7. All government-issued property must be approved by the COR who will require the Contractor employee to sign a receipt for each item. Lost or stolen government-issued property must immediately be reported concurrently to the Contracting Officer (CO), COR, and the FAA SOC at the telephone number and email address listed under section

(4) above.

8. Each Contract employee, during all times of on-site performance at the FAA facility must prominently display his/her current and valid FAA Identification card on the front portion of his/her body between the neck and waist.

Each FAA Identification cardholder must not affix pins, stickers, or other decorations to the card.

9. Prior to any contractor employee obtaining a FAA Identification Card or other government property, IAW FAA Order 1600.78 the contractor is required to:

a. Enter data for each employee into the VAP as described in AMS clause 3.14-2, Contractor Personnel Suitability Requirements.

b. The Servicing Security Element (SSE) will determine whether final suitability can be granted due to:

i. Existence of a previous investigation, or:

ii. Initiate the contractor applicant into the Electronic Questionnaires for Investigations Processing (eQIP) system so that the applicant can complete the investigative forms.

c. Interim suitability cannot be granted until the eQIP form is completed, and fingerprints and signature pages are submitted to the SSE.

d. Authorization for the contractor employee to begin work will be an Interim or Final Suitability notification from the SSE.

10. To obtain a FAA Identification Card, IAW FAA Order 1600.78 Contractor employee must:

a. Submit an identification Card Application (DOT 1681) using the automated system located at https://idms.faa.gov/1681. The application must be approved by the CO or to the COR.

b. The contractor employee will be notified when the identification card application has been approved and is ready for processing by the FAA Identification Card issuer (e.g., PIV Administrator).

c. The contractor must contact the SSE (Joint Security and Hazardous Materials Safety Office, East at (781) 238- 7728) to obtain the procedures for obtaining their FAA Identification Card.

11. The contractor is responsible for ensuring final out-processing is accomplished for all departing contractor employees:

mailto:9-AWA-SOC@faa.gov https://idms.faa.gov/1681

a. Final out-processing must be accomplished by close of business the final workday of the contractor employee.

b. The COR must be notified in writing and ensure that all government issued property is returned to the COR within 30 calendar days.

c. VAP is updated within twenty-four (24) hours for the departing employee.

12. All contractors and subcontractor employees with access to FAA systems must have a FAA-issued Personal Identity Verification (PIV) card and must use the PIV card to authenticate to the FAA system. Approved contactor equipment or software in accordance with clause 3.10.3-9 "Use of Contractor Equipment or Software - Permitted" that connects to FAA systems must be configured to accept and use FAA-issued PIV cards. The contractor must provide the appropriate equipment for the PIV card, while the FAA will furnish and configure the PIV software.

13. The contractor must insert this clause in all subcontracts under the contract.

3.14-5 Sensitive Unclassified Information (SUI) (July 2013)

(a) Sensitive Unclassified Information ("SUI") is unclassified information in any form, including print, electronic, visual, or aural forms, which must be protected from uncontrolled release to persons outside the FAA and indiscriminate dissemination within the FAA. It includes aviation security, homeland security, and protected critical infrastructure information. SUI may include information that may qualify for withholding from the public under the Freedom of Information Act (FOIA).

All information that is SUI must be protected in accordance with the terms of this clause and FAA Order 1600.75, "Protecting Sensitive Unclassified Information (SUI)," whether or not the information is marked as SUI.

(b) Sensitive information must be restricted to specific contractors and personnel who:

(1) Have a need "to know" to perform contract tasks;

(2) Are authorized to receive the SUI;

(3) Meet personnel suitability security requirements to access sensitive information; and

(4) Successfully complete a Document Security Notice and SUI Request Form.

(c) The contractor must develop and implement procedures to ensure that sensitive information is handled in accordance with FAA requirements and at a minimum, must address:

(1) Procedures for distributing, receiving, and retaining signed Document Security Notice and SUI Request Forms from each subsequent recipient of the SUI (to include subcontractors, suppliers, etc.);

(2) Steps to minimize risk of access by unauthorized persons during business and non-business hours to include storage capability;

(3) Procedures for safeguarding during electronic transmission (voice, data, fax) mailing or hand carrying;

(4) Procedures for protecting against co-mingling of information with general contractor data system/files;

(5) Procedures for marking documents with both the protective marking and the distribution limitation statement as needed;

(6) Procedures for the reproduction of subject material;

(7) Procedures for reporting unauthorized access; and

(8) Procedures for the destruction and/or sanitization of such material.

(d) Federal Business Opportunities (FedBizOpps): Except for those items noted by the CO, SUI will be made available to offerors through FedBizOpps. FedBizOpps provides a secure environment for the distribution of SUI information to vendors.

(1) FedBizOpps can be found at www.fbo.gov.

(2) Vendors will utilize FedBizOpps to download SUI information (to include plans, specifications, equipment specifications, etc.), or the vendor will utilize the site to download a request form to send to the CO for SUI information unavailable in electronic formats.

(3) Before receiving access to the SUI information or forms, the offeror is required to electronically certify to SUI policy and standards in FedBizOpps.

(4) As FedBizOpps uses the System for Award Management (SAM) for a portion of the vendor authentication process, offerors must be successfully register and designate a Marketing Partner Identification Number (MPIN) in SAM(www.sam.gov) prior to seeking access to SUI through FedBizOpps.

(5) Instructions and guides on usage of FedBizOpps can be found at www.fbo.gov.

3.2.2.3-41 PERFORMING WORK (JUL 2004)

The Contractor (you) must perform, using your own organization, work equivalent to at least 25% 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.

(End of clause)

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

(MAR 2009)

(a) If either the specifications or the drawings (but not both) mention tasks, the Contractor (you) must assume that the tasks are in both. If the drawings and specifications differ, the specifications govern. If there is a discrepancy in the figures, in the drawings, or in the specifications, submit the matter promptly to the Contracting Officer (CO), who will promptly determine which governs, and notify you in writing. Any adjustment you make without the CO's determination is at your own risk and expense. From time to time the CO will provide necessary detailed drawings and other information, unless otherwise provided.

(b) Wherever in the specifications or the drawings FAA (we, our) uses "directed," "required," "ordered," "designated," "prescribed," or similar words, they refer to the CO's requirements. Similarly, "approved," "acceptable," "satisfactory," or similar words refer to the CO's approval, unless otherwise expressly stated. You must have a complete set of plans and specifications on site and available for our use.

(c) Where we use "as shown," "as indicated," "as detailed," or similar words, they refer to the drawings accompanying this contract, unless stated otherwise. The word "provided" means "provided and installed."

(d) Omissions from the drawings and specifications or the erroneous description of details of work which are necessary to carry out the intent of the drawings and specifications, or which are customarily performed, does not relieve you from performing those omitted or erroneously described details of the work. You must perform them as if fully and correctly set forth and described in the drawings and specifications.

(e) You must check all drawings we provide to you before starting work and must promptly notify the CO of any discrepancies. In general you should follow figures marked on drawings, rather than scale measurements. In general, large scale drawings have precedence over small scale drawings. You must compare all drawings and verify the figures before laying out the work. If you do not verify the figures, you will be responsible for any errors you might have avoided had you verified them.

(f) "Shop drawings" means drawings, you or any subcontractor submit to us under a construction contract, showing in detail the proposed fabrication and assembly of structural elements and the installation (that is, form, fit, and attachment details) of materials or equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials you provided to explain in detail specific portions of the work the contract requires.

FAA may duplicate, use, and disclose in any manner and for any purpose shop drawings you deliver under this contract.

(g) If this contract requires material offers (for example, shop drawings, catalog cuts, certificates of conformance), you must coordinate all of your offers, and review them for accuracy, completeness, and compliance with contract requirements. You must provide evidence that you approve the submittals. If you submit materials to us without this evidence, we may return them and ask you to resubmit them. The CO will indicate whether he or she approves or disapproves your offer, and if the CO does not approve it as submitted, will indicate our reasons for rejecting it. Any work done before the CO's approval is at your risk. The CO's approval does not relieve you from responsibility for any errors or omissions in the submittals, nor from responsibility for complying with the contract requirements, except as described under (h).

(h) If you submittals vary from the contract requirements, you must describe the variations in writing, separate from the submittal, when you submit them. Send this description, a copy of the offer, and a proposal to incorporate it into the contract directly to the CO. If the CO approves a variation, the CO must issue an appropriate contract modification, unless the variation is minor or does not involve a change in price or in time of performance.

(i) You must submit to the CO for approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. The CO will keep three sets (unless otherwise indicated) of all offers and will return one set to you.

(j) You must insert this clause, with appropriate changes in the designation of the parties, in all subcontracts.

(k) When you finish the work under this contract, you must provide [CO insert number] complete reproducible sets of all shop drawings as we finally approve them. These drawings must show all changes and revisions made up to the time you finish the work and we accept it.

(End of clause)

3.2.2.3-62 PRECONSTRUCTION CONFERENCE (JUL 2004)

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

(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 10 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 60 calendar days. The time allowed for completion must include final cleanup of the premises.

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

ALTERNATE I (JUL 2004)

The Contractor (you) must

(a) begin work under this contract within 10 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 60 calendar days. The time allowed for completion must include final cleanup of the premises.

(d) The completion date assumes that the successful offeror will receive the notice to proceed by June 15, 2017. The CO will extend the completion date by the number of calendar days after the above date that you receive the notice to proceed, except to the extent that the delay in issuing the notice to proceed results from your failure to execute the contract and give the required performance and payment bonds to FAA within the time specified.

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).

http://fedgov.dnb.com/webform%3B

(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.