RFO DTFASA-17-R-00685.pdf
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- DTFASA-17-R-00685
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Section B ‐ Supplies or Services/Prices
| B001. | PRICES/COSTS: | The | Contractor | is | required | to | furnish | all | labor, | tools, | materials, | services, | ||
| equipment, | transportation, | insurance, | bonds, | security | notifications, | submittals, | supervision, | |||||||
| licenses, | permits, | state | sales | taxes | and | fees | in | accordance | with | applicable | federal, | state, | and | local |
| regulatory | requirements | for | the | demolition | and | replacement | of | the | head | bolt | heater | outlets, | HBO, | |
| existing | exterior | lighting | conduits, | supporting | underground | conduits, | and | electrical | systems | |||||
| necessary | to | accomplish | the | work | required | at | the | Fairbanks | Automated | Flight | Service | Station | ||
| (AFSS) | located | at | 3811 | University | Avenue | South, | Fairbanks, | Alaska, | in | accordance | with | the | ||
| specifications, | drawings, | contract | clauses, | and | applicable | wage | rates. |
Contract Line
Item Description Total
1 Job
| The | offered | price | must | 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.
| In | the | event | of | any | disparity | between | the | CLIN | price | and | the | breakdown | in | pricing, | the | CLIN |
| price | will | be | deemed | correct. | The | breakdown | in | pricing | is | for | information | only | and | will | be | |
| utilized | to | assist | in | evaluating | offers | against | the | Independent | Government | Cost | Estimate |
(IGCE).
| Effective | April | 1, | 1996, | the | Federal | Aviation | Administration | (FAA) | began | operating | under | the | new | FAA |
| Acquisition | Management | System. | The | 1996 | DOT | Appropriation | Act, | Public | Law | 104‐50, | mandated | that | ||
| the | FAA | rewrite | its | acquisition | regulations | and | granted | legislative | relief | from | certain | laws. | The | |
| Federal | Acquisition | Regulations | (FAR), | Federal | Acquisition | Streamlining | Act | of | 1994, | Small | Business | |||
| Act, | and | Competition | in | Contracting | Act, | are | three | of | these | laws. |
B002. FAA INSURANCE REQUIREMENTS: Worker’s compensation and employer’s liability.
| a. | The | Contractor | is | to | procure | and | maintain | during | the | entire | period | of | performance | under | this |
| contract | the | following | minimum | insurance. |
Type Amount
Automobile Liability $ 200,000 per person
Bodily Injury Liability $ 500,000 per occurrence
Property Damage $ 20,000 per occurrence
Comprehensive General Liability
Bodily Injury $100,000/$500,000
Workers’ Compensation and Employers’ Liability
Workers’ Compensation and Occupational Disease Statutory
Employer’s Liability $100,000
B003. SET‐ASIDE DETERMINATION:
| This | procurement | is | being | set | aside | exclusively | for | competition | among | ALL | Small | Business | |||
| Concerns. | Offerors’ | business | size | will | be | verified | by | NAICS | code | and | through | their | System | for | |
| Award | Management | (SAM.gov) | account. | SBA | 8(a) | and | Service | Disabled | Veteran | Owned | Small | ||||
| Businesses | are | encouraged | to | submit | an | offer. |
| APPLICABLE | NAICS | CODE: | 238210 | – | Electrical | and | Other | Wiring | Installation | Contractors, | with | |
| a | size | standard | of | $15.0 | Million. |
| B004. | PERIOD | OF | PERFORMANCE. | 30 | calendar | days | after | issuance | of | Notice | to | Proceed | (NTP). | |||
| NTP | is | expected | to | be | mid‐May | 2018, | dependent | upon | when | the | ground | is | fully | thawed | in | the |
spring.
| B005. | SITE | VISIT. | A | site | visit | for | this | project | will | be | held | on | Wednesday, | August | 30, | 2017, | at | |||
| 10:00 | a.m. | The | site | visit | is | not | mandatory, | but | highly | encouraged, | so | that | the | offeror | and | potential | ||||
| subcontractors | can | verify | existing | conditions, | quantities | of | materials | required, | time/distance/cost | |||||||||||
| to | the | facility, | and | amount | of | work | required. | The | contractor | is | responsible | for | ensuring | that | their | |||||
| offer | reflects | all | work | required | to | accomplish | this | project. | The | dimensions, | measurements, | and | ||||||||
| quantities | of | materials | listed | in | the | specifications | and | on | the | construction | drawings | are | estimated | |||||||
| and | are | presented | to | give | the | contractor | an | idea | of | the | total | scope | of | work. | Please | RSVP | for | the | site | |
| visit | by | contacting | RJ | Vassar | at | richard.vassar@faa.gov | or | (907)271‐5280 | by | 2:00 | p.m. | (Alaska | ||||||||
| Time) | on | Monday, | August | 28, | 2017. | Any | attempts | to | RSVP | past | the | deadline | date | may | not | be |
approved.
| B006. | Per | clause | 3.2.2.3‐41 | Performing | Work | (July | 2004), | the | Prime | Contractor | is | required | to | |||
| perform | 15% | of | the | work | with | their | own | forces. | See | Section | I | for | the | complete | details. |
ESTIMATED PRICE RANGE FOR THIS PROJECT IS BETWEEN $250,000 AND $500,000.
The remainder of this page has been intentionally left blank.
Section C ‐ Description/Specifications
See Attachment 1 – Specifications and 1(a) Drawings.
The remainder of this page has been intentionally left blank.
Section D ‐ Packaging and Marking
Not used.
The remainder of this page has been intentionally left blank.
Section E ‐ Inspection and Acceptance
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)
3.10.4‐10 INSPECTION OF CONSTRUCTION (SEP 2009)
| 3.10.4‐11 | INSPECTION | ‐ | DISMANTLING, | DEMOLITION, | OR | REMOVAL | OF | IMPROVEMENTS |
| (APR | 1996) |
The remainder of this page has been intentionally left blank.
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. |
(End of clause)
3.10.1‐11 GOVERNMENT DELAY OF WORK (APR 1996)
The remainder of this page has been intentionally left blank.
Section G ‐ Contract Administration Data
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)
3.10.1‐22 CONTRACTING OFFICER'S REPRESENTATIVE (APR 2012)
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 | 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)
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 | : |
ONLY.
(End of Clause)
3.8.2‐17 KEY PERSONNEL AND FACILITIES (MAY 1997)
| (a) | The | personnel | and/or | facilities | as | specified | below | are | considered | essential | to | the | work | being | |
| performed | hereunder | and | may, | with | the | consent | of | the | contracting | parties, | be | changed | from | time | to |
| time | during | the | course | of | the | contract. |
| (b) | Prior | to | removing, | replacing, | or | diverting | any | of | the | specified | personnel | and/or | facilities, | the |
| Contractor | shall | notify | in | writing, | and | receive | consent | from, | the | Contracting | Officer | reasonably | in | |
| advance | of | the | action | and | shall | submit | justification | (including | proposed | substitutions) | in | sufficient | ||
| detail | to | permit | evaluation | of | the | impact | on | this | contract. |
(c) No diversion shall be made by the Contractor without the written consent of the Contracting Officer.
(d) The key personnel and/or facilities under this contract are:
On‐site Superintendent
(End of clause)
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)
3.2.2.3‐55 AVAILABILITY AND USE OF UTILITY SERVICES (JUL 2004)
3.2.2.3‐56 SCHEDULES FOR CONSTRUCTION CONTRACTS (JUL 2004)
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)
3.2.2.3‐66 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)
3.2.5‐8 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)
3.3.1‐31 PROGRESS PAYMENTS (NOV 2000) ‐ ALTERNATE I (NOV 1997)
| 3.3.1‐34 | PAYMENT | BY | ELECTRONIC | FUNDS | TRANSFER‐ | SYSTEM | FOR | AWARD | MANAGEMENT |
| (AUG | 2012) |
3.3.2‐1 FAA COST PRINCIPLES (JAN 2016)
3.4.1‐7 NOTICE TO PROCEED (APR 1996)
3.4.1‐10 INSURANCE ‐ WORK ON A GOVERNMENT INSTALLATION (JUL 1996)
3.4.1‐12 INSURANCE (JUL 1996)
3.4.2‐8 FEDERAL, STATE, AND LOCAL TAXES ‐ FIXED PRICE CONTRACT (APR 2013)
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) |
3.6.1‐7 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)
3.6.2‐18 DAVIS BACON ACT (APR 2017)
3.6.2‐20 PAYROLLS AND BASIC RECORDS (APR 2017)
3.6.2‐21 APPRENTICES, TRAINEES, AND HELPERS (APR 2017)
3.6.2‐22 SUBCONTRACTS (LABOR STANDARDS) (APR 2017)
3.6.2‐23 CERTIFICATION OF ELIGIBILITY (APR 2017)
3.6.2‐35 PREVENTION OF SEXUAL HARASSMENT (AUG 1998)
3.6.2‐39 TRAFFICKING IN PERSONS (OCT 2015)
| 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)
3.6.3‐23 DELIVERY OF ELECTRONIC AND PAPER DOCUMENTS (OCT 2016)
3.6.4‐10 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JAN 2010)
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)
3.10.6‐1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (OCT
1996)
3.10.6‐6 DEFAULT (FIXED PRICE CONSTRUCTION) (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) |
3.2.2.3‐41 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. |
(End of clause)
3.2.2.3‐68 SAFETY AND HEALTH (OCT 2014) ‐ ALTERNATE I (JUL 2004)
(a) Before beginning work, the Contractor (you) must:
| (1) | Perform | a | hazards | analysis | of | the | work | specified | in | this | contract. | Consider | both | the | site | and |
| adjacent | conditions. | Identify | all | significant | hazards. | Some | of | the | hazards | you | might | encounter | are | |||
| falls, | electrical | hazards, | power | tools, | etc. |
| (2) | Submit | a | safety | plan | for | dealing | with | each | specific | hazard | identified, | whether | you | or | FAA |
| identified | it. |
| (3) | Meet | with | the | CO's | representatives | during | the | preconstruction | conference | to | discuss | and | to |
| develop | a | mutual | understanding | about | the | content | and | implementation | of | the | plan. |
| (4) | The | CO | or | her | or | his | representatives | may | require | other | hazards | to | be | added | to | the | plan. | If | the |
| CO | determines | that | your | planned | hazard | avoidance | measures | are | insufficient, | the | CO | or | a | ||||||
| designated | representative | may | require | you | to | revise | the | plan. | You | may | not | begin | work | involving | |||||
| identified | hazards | unless | you | have | submitted | adequate | plans | to | the | CO | and | the | CO | has | reviewed | ||||
| them. | This | approval | does | not | relieve | you | of | your | liability | for | safe | performance. |
(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 | within | 30 | calendar | days. | The | time | allowed | for |
| completion | must | include | final | cleanup | of | the | premises. |
(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)
3.4.1‐4 PERFORMANCE BOND REQUIREMENTS (JAN 2017)
| (a) | The | contractor | is | required | to | submit | a | performance | bond | in | a | penal | amount | equal | to | 100 |
| percent | of | the | contract | price. |
| (b) | The | bond | must | be | executed | on | specified | forms, | and | sureties | must | be | acceptable | to | the | Federal | |
| Aviation | Administration. | Corporate | sureties | must | appear | on | the | list | in | Treasury | Circular | 570, | and | ||||
| the | amount | of | the | bond | may | not | exceed | the | underwriting | limit | stated | for | the | surety | on | that | list. |
(c) Failure to submit an acceptable bond may be cause for termination of the contract for default.
(End of clause)
3.4.1‐5 PAYMENT BOND REQUIREMENTS (JAN 2017)
| (a) | The | contractor | is | required | to | submit | a | payment | bond | in | the | penal | amount | of | 100% | of | the |
| contract | price | within | the | time | required | by | the | Contracting | Officer. |
| (b) | The | bond | must | be | executed | on | the | forms | attached | to | this | SIR, | and | sureties | must | be | acceptable | to |
| the | Federal | Aviation | Administration. | Corporate | sureties | must | appear | on | the | list | in | Treasury | ||||||
| Circular | 570, | and | the | amount | of | the | bond | may | not | exceed | the | underwriting | limit | stated | for | the | ||
| surety | on | that | list. |
(c) Failure to submit an acceptable bond may be cause for termination of the contract for default.
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, | regulations, | or | orders | of | the |
| Secretary | of | Labor. |
(End of clause)
3.6.2‐24 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (OCT
2010)
(a) Definitions.
| (1) | "Employer | identification | number," | as | used | in | this | clause, | means | the | last | four | digits | of | the |
| Federal | Social | Security | number | used | on | the | employer's | quarterly | federal | tax | return, | U.S. | Treasury | ||
| Department | Form | 941. |
(2) "Minority," as used in this clause, means
(i) Black (all persons having origins in any of the black African racial groups not of Hispanic origin);
| (ii) | Hispanic | (all | persons | of | Mexican, | Puerto | Rican, | Cuban, | Central | or | South | American, | or | other |
| Spanish | culture | or | origin, | regardless | of | race); |
| (iii) | Asian | and | Pacific | Islander | (all | persons | having | origins | in | any | of | the | original | peoples | of | the | Far |
| East, | Southeast | Asia, | the | Indian | Subcontinent, | or | the | Pacific | Islands); | and |
| (iv) | American | Indian | or | Alaskan | Native | (all | persons | having | origins | in | any | of | the | original | peoples | of |
| North | America | and | maintaining | identifiable | tribal | affiliations | through | membership | and | |||||||
| participation | or | community | identification). |
| (b) | If | the | Contractor, | or | a | subcontractor | at | any | tier, | subcontracts | a | portion | of | the | work | involving |
| any | construction | trade, | each | such | subcontract | in | excess | of | $10,000 | shall | include | this | clause, | |||
| including | the | goals | for | minority | and | female | participation | stated | herein. |
| (c) | The | goals | for | minority | and | female | participation, | expressed | in | percentage | terms | for | the | |||
| Contractor's | aggregate | work | force | in | each | trade | on | all | construction | work | in | the | covered | area, | are | as |
follows:
| Goals | for | minority | participation: | 8.7% |
| Goals | for | female | participation: | 6.9% |
Compliance with the goals will be measured against the total work hours performed.
| (d) | The | Contractor | shall | provide | written | notification | to | the | Office | of | Federal | Contract | Compliance | ||
| Programs | (OFCCP) | area | office | within | 10 | working | days | following | award | of | any | construction | |||
| subcontract | in | excess | of | $10,000 | at | any | tier | for | construction | work | under | the | contract | resulting | from |
| this | screening | information | request. | The | notification | shall | list | the: |
(1) Name, address, and telephone number of the subcontractor,
(2) Employer identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
| (e) | The | Contractor | shall | implement | the | affirmative | action | procedures | in | subparagraphs | (f)(1) | ||||||
| through | (7) | of | this | clause. | The | goals | stated | in | this | contract | are | expressed | as | percentages | of | the | total |
| hours | of | employment | and | training | of | minority | and | female | utilization | that | the | Contractor | should | ||||
| reasonably | be | able | to | achieve | in | each | construction | trade | in | which | it | has | employees | in | the | covered | |
| area. | If | the | contractor | performs | construction | work | in | a | geographical | area | located | outside | of | the | |||
| covered | area, | it | shall | apply | the | goals | established | for | the | geographical | area | where | that | work | is | ||
| actually | performed. | The | Contractor | is | expected | to | make | substantially | uniform | progress | toward | its | |||||
| goals | in | each | craft. |
(f) The contractor shall take affirmative action steps at least as extensive as the following:
| (1) | Ensure | a | working | environment | free | of | harassment, | intimidation, | and | coercion | at | all | sites, | and | in |
| all | facilities | where | the | Contractor's | employees | are | assigned | to | work. | The | Contractor, | if | possible, | will | |
| assign | two | or | more | women | to | each | construction | project. | The | Contractor | shall | ensure | foremen, | ||
| superintendents, | and | other | on‐site | supervisory | personnel | are | aware | of | and | carry | out | the | |||
| Contractor's | obligation | to | maintain | such | a | working | environment, | with | specific | attention | to | minority | |||
| or | female | individuals | working | at | these | sites | or | facilities. |
| (2) | Immediately | notify | the | OFCCP | area | office | when | the | union | or | unions, | with | which | the | Contractor |
| has | a | collective | bargaining | agreement, | has | not | referred | back | to | the | Contractor | a | minority | or | woman |
| sent | by | the | Contractor, | or | when | the | Contractor | has | other | information | that | the | union | referral | |
| process | has | impeded | the | Contractor's | efforts | to | meet | its | obligations. |
| (3) | Develop | on‐the‐job | training | opportunities | and/or | participate | in | training | programs | for | the | area | ||
| that | expressly | include | minorities | and | women, | including | upgrading | programs | and | apprenticeship | ||||
| and | trainee | programs | relevant | to | the | Contractor's | employment | needs, | especially | those | programs | |||
| funded | or | approved | by | the | Department | of | Labor. | The | Contractor | shall | provide | notice | of | these |
| programs | to | the | sources | compiled | under | subparagraph | (f)(2) | above. |
| (4) | Review, | at | least | annually, | the | Contractor's | equal | employment | policy | and | affirmative | action | |||||
| obligations | with | all | employees | having | responsibility | for | hiring, | assignment, | layoff, | termination, | or | ||||||
| other | employment | decisions. | Conduct | reviews | of | this | policy | with | all | on‐site | supervision, | personnel | |||||
| prior | to | initiation | of | construction | work | at | a | job | site. | A | written | record | shall | be | made | and | maintained |
| identifying | the | time | and | place | of | these | meetings, | persons | attending, | subject | matter | discussed, | and | ||||
| disposition | of | the | subject | matter. |
| (5) | Disseminate | the | Contractor's | equal | employment | policy | externally | by | including | it | in | any |
| advertising | in | the | news | media, | specifically | including | minority | and | female | news | media. | Provide |
| written | notification | to, | and | discuss | this | policy | with, | other | Contractors | and | subcontractors | with |
| which | the | Contractor | does | or | anticipates | doing | business. |
| (6) | Conduct, | at | least | annually, | an | inventory | and | evaluation | at | least | of | all | minority | and | female |
| personnel | for | promotional | opportunities. | Encourage | these | employees | to | seek | or | to | prepare | for, | |||
| through | appropriate | training, | etc., | opportunities | for | promotion. |
| (7) | Maintain | a | record | of | solicitations | for | subcontracts | for | minority | and | female | construction |
| contractors | and | suppliers, | including | circulation | of | solicitations | to | minority | and | ‐female | contractor | |
| associations | and | other | business | associations. |
| (g) | The | Contractor | is | encouraged | to | participate | in | voluntary | associations | that | may | assist | in | fulfilling | |||
| one | or | more | of | the | affirmative | action | obligations | contained | in | subparagraphs | (f)(1) | through | (7). | ||||
| The | efforts | of | a | contractor | association, | joint | contractor‐union, | contractor‐community, | or | similar | |||||||
| group | of | which | the | contractor | is | a | member | and | participant, | may | be | useful | in | achieving | one | or | more |
| of | its | obligations | under | subparagraphs | (f)(1) | through | (7). |
| (h) | A | single | goal | for | minorities | and | a | separate | single | goal | for | women | shall | be | established. | The |
| Contractor | is | required | to | provide | equal | employment | opportunity | and | to | take | affirmative | action | for | |||
| all | minority | groups, | both | male | and | female, | and | all | women, | both | minority | and | non‐minority. | |||
| Consequently, | the | Contractor | may | be | in | violation | of | Executive | Order | 11246, | as | amended, | if | a | ||
| particular | group | is | employed | in | a | substantially | disparate | manner. |
| (i) | The | contractor | shall | not | use | goals | or | affirmative | action | standards | to | discriminate | against | any |
| person | because | of | race, | color, | religion, | sex, | or | national | origin. |
| (j) | The | Contractor | shall | not | enter | into | any | subcontract | with | any | person | or | firm | debarred | from |
| Government | contracts | under | Executive | Order | 11246, | as | amended. |
| (k) | The | Contractor | shall | carry | out | such | sanctions | and | penalties | for | violation | of | this | clause | and | of | the |
| Nondiscrimination | and | Affirmative | Action | clause, | including | suspension, | termination, | and | |||||||||
| cancellation | of | existing | subcontracts, | as | may | be | imposed | or | ordered | under | Executive | Order | 11246, | ||||
| as | amended, | and | its | implementing | regulations, | by | the | OFCCP. | Any | failure | to | carry | out | these | |||
| sanctions | and | penalties | as | ordered | shall | be | a | violation | of | this | clause | and | Executive | Order | 11246, | as |
amended.
| (l) | Nothing | contained | herein | shall | be | construed | as | a | limitation | upon | the | application | of | other | laws |
| that | establish | different | standards | of | compliance. |
(End of clause)
3.6.2‐41 EMPLOYMENT ELIGIBILITY VERIFICATION (SEP 2009)
(a) Definitions:
| "Employee | assigned | to | the | contract" | means | an | employee | who | was | hired | after | November | 6, | 1986, | ||
| who | is | directly | performing | work, | in | the | United | States, | under | a | contract | that | is | required | to | include |
| the | Employment | Eligibility | Verification | clause. | An | employee | is | not | considered | to | be | directly | ||||
| performing | work | under | a | contract | if | the | employee‐‐ |
(1) Normally performs support work, such as indirect or overhead functions; and
(2) Does not perform any substantial duties applicable to the contract.
| "Subcontract" | means | any | contract | entered | into | by | a | subcontractor | to | furnish | supplies | or | services | |||
| for | performance | of | a | prime | contract | or | a | subcontract. | It | includes | but | is | not | limited | to | purchase |
| orders, | and | changes | and | modifications | to | purchase | orders. |
| "Subcontractor" | means | any | supplier, | distributor, | vendor, | or | firm | that | furnishes | supplies | or | services |
| to | or | for | a | prime | Contractor | or | another | subcontractor. |
| "United | States", | as | defined | in | 8 | U.S.C. | 1101(a)(38), | means | the | 50 | States, | the | District | of | Columbia, |
| Puerto | Rico, | Guam, | and | the | U.S. | Virgin | Islands. |
(b) Enrollment and verification requirements.
| (1) | If | the | Contractor | is | not | enrolled | as | a | Federal | Contractor | in | Department | of | Homeland | Security's |
| Employment | Eligibility | Verification | system | ("E‐Verify") | at | time | of | contract | award, | the | Contractor |
shall‐‐
| (i) | Enroll. | Enroll | as | a | Federal | Contractor | in | the | E‐Verify | program | within | 30 | calendar | days | of |
| contract | award; |
| (ii) | Verify | all | new | employees. | Within | 90 | calendar | days | of | enrollment | in | the | E‐Verify | program, | begin | |
| to | use | E‐Verify | to | initiate | verification | of | employment | eligibility | of | all | new | hires | of | the | Contractor, | |
| who | are | working | in | the | United | States, | whether | or | not | assigned | to | the | contract, | within | 3 | business |
| days | after | the | date | of | hire | (but | see | paragraph | (b)(3) | of | this | section); | and |
| (iii) | Verify | employees | assigned | to | the | contract. | For | each | employee | assigned | to | the | contract, | initiate | |
| verification | within | 90 | calendar | days | after | date | of | enrollment | or | within | 30 | calendar | days | of | the |
| employee's | assignment | to | the | contract, | whichever | date | is | later | (but | see | paragraph | (b)(4) | of | this |
section).
| (2) | If | the | Contractor | is | enrolled | as | a | Federal | Contractor | in | E‐Verify | at | time | of | contract | award, | the |
| Contractor | shall | use | E‐Verify | to | initiate | verification | of | employment | eligibility | of‐‐ |
(i) All new employees.
(A) Enrolled 90 calendar days or more.
| The | Contractor | shall | initiate | verification | of | all | new | hires | of | the | Contractor, | who | are | working | in | the | |
| United | States, | whether | or | not | assigned | to | the | contract, | within | 3 | business | days | after | the | date | of | hire |
| (but | see | paragraph | (b)(3) | of | this | section); | or |
| (B) | Enrolled | less | than | 90 | calendar | days. | Within | 90 | calendar | days | after | enrollment | as | a | Federal | |
| Contractor | in | E‐verify, | the | Contractor | shall | initiate | verification | of | all | new | hires | of | the | Contractor, | ||
| who | are | working | in | the | United | States, | whether | or | not | assigned | to | the | contract, | within | 3 | business |
| days | after | the | date | of | hire | (but | see | paragraph | (b)(3) | of | this | section); | or |
| (ii) | Employees | assigned | to | the | contract. | For | each | employee | assigned | to | the | contract, | the | Contractor | |
| shall | initiate | verification | within | 90 | calendar | days | after | date | of | contract | award | or | within | 30 | calendar |
| days | after | assignment | to | the | contract, | whichever | date | is | later | (but | see | paragraph | (b)(4) | of | this |
section).
| (3) | If | the | Contractor | is | an | institution | of | higher | education | (as | defined | at | 20 | U.S.C. | 1001(a)); | a | State | or |
| local | government | or | the | government | of | a | Federally | recognized | Indian | tribe; | or | a | surety | performing | ||||
| under | a | takeover | agreement | entered | into | with | a | Federal | agency | pursuant | to | a | performance | bond, | ||||
| the | Contractor | may | choose | to | verify | only | employees | assigned | to | the | contract, | whether | existing | |||||
| employees | or | new | hires. | The | Contractor | shall | follow | the | applicable | verification | requirements | at | ||||||
| (b)(1) | or | (b)(2), | respectively, | except | that | any | requirement | for | verification | of | new | employees | ||||||
| applies | only | to | new | employees | assigned | to | the | contract. |
| (4) | Option | to | verify | employment | eligibility | of | all | employees. | The | Contractor | may | elect | to | verify | all |
| existing | employees | hired | after | November | 6, | 1986, | rather | than | just | those | employees | assigned | to | the | |
| contract. | The | Contractor | shall | initiate | verification | for | each | existing | employee | working | in | the | United | ||
| States | who | was | hired | after | November | 6, | 1986, | within | 180 | calendar | days | of‐‐ |
(i) Enrollment in the E‐Verify program; or
| (ii) | Notification | to | E‐Verify | Operations | of | the | Contractor's | decision | to | exercise | this | option, | using | the |
| contact | information | provided | in | the | E‐Verify | program | Memorandum | of | Understanding | (MOU). |
| (5) | The | Contractor | shall | comply, | for | the | period | of | performance | of | this | contract, | with | the |
| requirements | of | the | E‐Verify | program | MOU. |
| (i) | The | Department | of | Homeland | Security | (DHS) | or | the | Social | Security | Administration | (SSA) | may | |||
| terminate | the | Contractor's | MOU | and | deny | access | to | the | E‐Verify | system | in | accordance | with | the | ||
| terms | of | the | MOU. | In | such | case, | the | Contractor | will | be | referred | to | a | suspension | or | debarment |
| official | by | the | terminating | agency. |
| (ii) | During | the | period | between | termination | of | the | MOU | and | a | decision | by | the | suspension | or | ||
| debarment | official | whether | to | suspend | or | debar, | the | Contractor | is | excused | from | its | obligations | ||||
| under | paragraph | (b) | of | this | clause. | If | the | Contractor | is | suspended | or | debarred | as | a | result | of | the |
| MOU | termination, | the | contractor | is | not | eligible | to | participate | in | E‐Verify | during | the | period | of | its | ||
| suspension | or | debarment. | If | the | suspension | or | debarment | official | determines | not | to | suspend | or | ||||
| debar | the | Contractor, | then | the | Contractor | must | reenroll | in | E‐Verify. |
| (c) | Web | site. | Information | on | registration | for | and | use | of | the | E‐Verify | program | can | be | obtained | via |
| the | Internet | at | the | Department | of | Homeland | Security | Web | site: | http://www.dhs.gov/E‐Verify. |
| (d) | Individuals | previously | verified. | The | Contractor | is | not | required | by | this | clause | to | perform |
| additional | employment | verification | using | E‐Verify | for | any | employee‐‐ |
(1) Whose employment eligibility was previously verified by the Contractor through the E‐Verify program;
| (2) | Who | has | been | granted | and | holds | an | active | U.S. | Government | security | clearance | for | access | to |
| confidential, | secret, | or | top | secret | information | in | accordance | with | the | National | Industrial | Security | |||
| Program | Operating | Manual; | or |
| (3) | Who | has | undergone | a | completed | background | investigation | and | been | issued | credentials |
| pursuant | to | Homeland | Security | Presidential | Directive | (HSPD)‐12, | Policy | for | a | Common | |
| Identification | Standard | for | Federal | Employees | and | Contractors. |
| (e) | Subcontracts. | The | Contractor | shall | include | the | requirements | of | this | clause, | including | this | |
| paragraph | (e) | (appropriately | modified | for | identification | of | the | parties), | in | each | subcontract | that | is |
| for | Noncommercial | services | or | construction | with | a | value | greater | than | $3,000 | and | includes | work |
| that | is | performed | inside | of | the | United | States. |
3.6.3‐12 ASBESTOS ‐ FREE CONSTRUCTION (APR 2017)
| (a) | In | performing | this | contract, | the | Contractor | must | not | use | asbestos | or | asbestos‐containing |
| building | materials | during | construction, | renovation, | and/or | modernization | of | this | facility. |
| (b) | The | Contractor | must | provide | to | the | Contracting | Officer | (CO) | a | signed | statement | with | their | final |
| invoice | and | closeout | documentation | indicating | that | no | asbestos | or | asbestos‐containing | building | |||||
| materials | were | used | during | construction, | renovation, | and/or | modernization | of | this | facility. | The | ||||
| Contractor's | certification | under | this | clause | is | considered | to | be | a | material | requirement | of | the | ||
| contract | and | the | FAA | may | withhold | payment | pending | submittal | and | receipt | of | an | acceptable |
certification.
| (c) | The | FAA | retains | the | right | to | conduct | sampling | of | contractor | building | materials | used | during | |
| construction, | renovation, | and/or | modernization | of | this | facility | to | verify | that | they | are | asbestos‐free. | |||
| If | asbestos‐containing | material | is | found, | the | Contractor | must | bear | the | expense | of | the | sampling | ||
| conducted | by | the | FAA, | remove | and | replace | the | asbestos‐containing | material | and | decontaminate | the | |||
| site | of | asbestos | contamination | caused | by | the | Contractor | at | no | additional | cost | to | the | Government. | In |
| addition, | the | Contractor | must | bear | the | expense | of | all | testing | (bulk | sampling | and | air | sampling | |
| conducted | by | the | contactor | and | the | FAA) | to | determine | that | the | asbestos | removal | and | site | |
| decontamination | are | satisfactorily | completed. | The | Contractor | must | follow | all | applicable | federal, | |||||
| state, | and | local | asbestos | regulatory | requirements | as | well | as | applicable | FAA | Orders | with | respect | to | |
| asbestos | abatement | when | the | Contractor | is | required | to | remove | asbestos | materials | they | have |
installed.
(End of clause)
3.6.3‐22 CONSTRUCTION WASTE MANAGEMENT (APR 2017)
| (a) | In | performance | of | this | contract, | the | Contractor | must | establish | a | program | to | minimize | waste |
| generation, | as | well | as | recycle, | reuse, | and | salvage | construction | and | demolition | (C&D) | debris | ||
| generated | to | the | maximum | extent | possible. | The | Contractor | must | divert | at | least | 50 | percent | weight |
| of | the | total | non‐hazardous | solid | waste | generated | by | the | work | from | landfills | and | incinerators. | |
| Before | commencing | work, | the | Contractor | must | submit | a | Waste | Management | Plan | to | the | ||
| Contracting | Officer | within | 15 | days | after | contract | award | prior | to | the | start | of | construction | activities. |
| This | plan | must | address | the | following: |
(1) General: Provide an overall strategy for managing C&D debris associated with the project.
| (2) | Waste | Identification: | Indicate | anticipated | types | and | quantities | by | weight | of | demolition, | site‐ | ||||||
| clearing | and | construction | waste | generated | by | the | Project. | Include | estimated | quantities | by | weight | ||||||
| and | assumptions | for | estimates. | A | site | assessment | may | be | necessary | to | estimate | the | types | of | ||||
| materials | that | will | be | generated | during | construction | and/or | demolition. | If | a | site | visit | is | needed, | the | |||
| Contractor | must | notify | the | FAA | of | this | as | soon | as | possible, | with | the | FAA | arranging | in | turn | for | the |
| contractor | site | visit | to | take | place | as | soon | as | possible. |
| (3) | Waste | Reduction | Work | Plan: | List | each | type | of | waste | and | whether | it | will | be | salvaged, | recycled, | or |
| disposed | of | in | landfill | or | incinerator. | Include | points | of | waste | generation, | estimated | total | weight | of | |||
| each | type | of | waste, | final | disposition | for | each | waste | type, | and | handling | and | transportation |
procedures.
| (4) | Salvaged | Materials: | For | each | type | of | material | that | is | salvaged | or | recycled, | describe | the | type | of |
| material, | source, | estimated | quantity, | and | receiving | entity. | Include | names, | addresses, | and | telephone | |||||
| numbers | for | the | receiving | individuals | and/or | organizations. |
| (5) | Disposed | Materials: | Indicate | how | and | where | materials | will | be | disposed | of. | Include | name, |
| address, | and | telephone | number | of | each | landfill | and | incinerator | facility. |
| (6) | Handling | and | Transportation | Procedures: | Include | method | that | will | be | used | for | separating |
| recyclable | waste | including | sizes | of | containers, | container | labeling, | and | designated | location | on | |
| Project | site | where | materials | separation | will | be | located. |
| (b) | This | plan | must | be | found | acceptable | by | the | FAA | Contracting | Officer's | Representative | (COR) | or | |
| the | COR's | designated | representative | prior | to | the | Contractor | receiving | a | Notice‐to‐Proceed. | The | ||||
| plan's | acceptability | will | be | promptly | determined | by | the | FAA | based | on | the | knowledge | of | the | site(s) |
| covered | under | the | Plan. | The | Contract | must | implement | the | approved | Waste | Management | Plan | |||
| during | the | term | of | the | contract. |
| (c) | The | Contractor | must | document | all | C&D | disposal | and | diversion | efforts | and | submit | a | Construction | |||
| and | Demolition | Debris | Diversion | Report | to | the | CO | and | COR | monthly. | A | copy | of | the | report | must | also |
| be | submitted | to | the | EOSH | Services | construction | waste | management | address | at | 9‐AJW‐ |
ConstructionWaste@faa.gov.
The monthly Construction and Demolition Debris Diversion Report must contain the following information:
(1) FAA facility name and address, report date and reporting period, contract number, and project name;
(2) Pick up date;
(3) Waste material type;
| (4) | Disposed | C&D | waste | weight | in | short | tons | less | container | weight, | method | of | waste | material |
| disposal, | and | reason | why | waste | was | not | diverted; |
(5) Recycled waste weight in short tons less container weight;
(6) Composted waste (off‐site) weight in short tons less container weight;
(7) Reused materials weight in short tons less container weight; and
| (8) | Total | weight | of | C&D | waste | (i.e., | sum | of | disposed, | recycled, | composted, | and | reused | waste) | in |
| short | tons | less | container | weight. |
| The | Contractor | must | ensure | that | facilities | used | for | recycling, | reuse, | and | disposal | are | authorized | for |
| the | intended | use | to | the | required | extent | by | federal, | state, | and | local | regulations. |
| If | the | value | of | this | contract | when | awarded | is | less | than | $100,000, | this | clause | does | not | take | effect | in |
| this | contract. |
(End of Clause)
3.6.4‐3 BUY AMERICAN ACT ‐ CONSTRUCTION MATERIALS (OCT 2014)
| (a) | The | Buy | American | Act | (41 | U.S.C. | Sec. | 8301‐8305) | and | Executive | Order | No. | 10582, | dated |
| December | 17, | 1954, | as | amended, | provide | that | the | Government | give | preference | to | domestic | ||
| construction | material. | The | restrictions | of | the | Buy | American | Act | do | not | apply | when | FAA | determines |
| use | of | a | particular | domestic | construction | material: | (i) | would | unreasonably | increase | the | cost; | (ii) | |
| would | be | impracticable; | or | (iii) | is | not | mined, | produced, | or | manufactured | in | sufficient | and | |
| reasonably | available | commercial | quantities | of | a | satisfactory | quality. | This | restriction | also | does | not | ||
| apply | to | information | technology | that | is | a | commercial | item | or | to | the | construction | materials | or |
| components | listed | by | the | Government | as | follows: |
None.
(b) Definitions:
| (1) | "Components," | as | used | in | this | clause, | means | those | articles, | materials, | and | supplies | incorporated |
| directly | into | construction | materials. |
| (2) | "Construction | material," | as | used | in | this | clause, | means | an | article, | material, | or | supply | brought | to | |
| the | construction | site | for | incorporation | into | the | building | or | work. | Construction | material | also | ||||
| includes | an | item | brought | to | the | site | pre‐assembled | from | articles, | materials | or | supplies. | However, | |||
| emergency | life | safety | systems, | such | as | emergency | lighting, | fire | alarm, | and | audio | evacuation | ||||
| systems, | which | are | discrete | systems | incorporated | into | a | public | building | or | work | and | which | are | ||
| produced | as | a | complete | system, | shall | be | evaluated | as | a | single | and | distinct | construction | material | ||
| regardless | of | when | or | how | the | individual | parts | or | components | of | such | systems | are | delivered | to | the |
| construction | site. |
| (3) | "Domestic | construction | material," | as | used | in | this | clause, | means | (i) | an | unmanufactured | ||||
| construction | material | mined | or | produced | in | the | United | States, | or | (ii) | a | construction | material |
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