RFO DTFASA-17-R-00799.pdf
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- Attached to
- AMENDMENT 0004: MAJOR MECHANICAL UPGRADE PROJECT AT FAA'S SEATTLE ARTCC FACILITY IN AUBURN, WA
- Solicitation number
- DTFASA-17-R-00799
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| U.S. | Department | of | Transportation |
| Federal | Aviation | Administration |
Request for Offers (RFO) Cover Letter
Solicitation Package
Project Name:
Location:
Solicitation No.:
Issue Date:
Major Mechanical Upgrades Project
Auburn, Washington
DTFASA‐17‐R‐00799
August 22, 2017
Submit Offers to: cindi.tjelde@faa.gov
Submit Offers by: Wednesday, October 11, 2017, 5:00 PM (Pacific time)
Special Instructions:
| 1) Insurance | is | required | (See | Contract | Clause | 3.4.1‐12 | Insurance | (Jul | 1996) | for |
| required | coverage | limits). |
| 2) Payment, | Performance, | and | Proposal | Guarantee | Required | (See | Contract | Clauses |
| 3.4.1‐5 | Payment | Bond | Requirements, | 3.4.1‐4 | Performance | Bond | Requirements, | and |
| 3.4.1‐1 | Proposal | Guarantee). |
3) Set Aside: This procurement is being set aside exclusively for a small business.
| 4) NAICS | Code: | 236220 | Commercial | and | Institutional | Building | Construction, | which | as | |
| a | small | business | size | standard | of | $36.5 | Million. |
| 5) Site | Visit: | A | site | visit | for | this | project | will | be | held | on | Wednesday, | September | 13, | ||
| 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, | and | amount | of | work | required. | The | contractor | is | responsible | for | ensuring | |||||
| that | their | offer | reflects | all | work | and | time | required | to | accomplish | this | project. | The | |||
| dimensions, | measurements, | and | quantities | of | materials | listed | in | the | specification | |||||||
| 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 | Ken | Bloom | at | ken.bloom@faa.gov | or | (253)351‐3776 | by | 3:00 | p.m. | |||||||
| (Pacific | Time) | on | Monday, | September | 11, | 2017. | Any | attempts | to | RSVP | past | the | ||||
| deadline | date | may | not | be | approved. |
Section B ‐ Supplies or Services/Prices
Clause List
3.2.4‐29 EVALUATION EXCLUSIVE OF OPTIONS (April 1996)
| The | Government | will | evaluate | offers | for | award | purposes | by | including | only | the | price | for | the | basic |
| requirement; | i.e., | options | will | not | be | included | in | the | evaluation | for | award | purposes. |
(End of provision)
| 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 | major | mechanical | project | at | the | Seattle | Air | Route | Traffic | Control | |
| Center | (ARTCC), | located | at | 3101 | Auburn | Way | South | in | Auburn, | Washington, | in | accordance | with | the |
| specifications, | drawings, | contract | clauses, | and | applicable | wage | rates. |
| Contract | Line |
| Item | (CLIN) |
Description Total
1 Job
Deduct Alternate 1
| 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.
| 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. | PERIOD | OF | PERFORMANCE. | The | contractor | will | have | 365 | calendar | days, | after | the | Notice | |||||
| to | Proceed | (NTP) | is | issued, | to | complete | the | work. | NTP | issuance | date | is | estimated | for | March | 2018. | ||
| Prior | to | the | issuance | of | the | NTP, | it | is | estimated | that | it | will | take | approximately | 4 | months | for | the |
| submittal | process. | After | physical | work | is | completed, | it | is | estimated | that | it | will | take | up | to | 60 | ||
| calendar | days | for | the | closeout | process. | Total | contract | timeframe | expected | is | approximately | 18 |
months.
ESTIMATED PRICE RANGE FOR THIS PROJECT IS BETWEEN $5,000,000 AND $10,000,000.
Section C ‐ Description/Specifications
See Attachment 1 – Specifications.
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Section D ‐ Packaging and Marking
Not used.
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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)
3.10.1‐24 NOTICE OF DELAY (MAR 2009)
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Section G ‐ Contract Administration Data
Clause List
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)
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Section H ‐ Special Contract Requirements
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)
3.1.9‐1 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: | Adobe | digital | signatures | or | ||
| scanned | original | signatures. | No | Microsoft | Word | computer‐generated | signatures | will | be | accepted. |
(End of Clause)
3.8.2‐17 KEY PERSONNEL AND FACILITIES (MAY 1997)
| (a) | The | personnel | and/or | facilities | as | specified | below | are | considered | essential | to | the | work | being | performed | ||
| hereunder | and | may, | with | the | consent | of | the | contracting | parties, | be | changed | from | time | to | time | during | the |
| course | of | the | contract. |
| (b) | Prior | to | removing, | replacing, | or | diverting | any | of | the | specified | personnel | and/or | facilities, | the | Contractor | |
| shall | notify | in | writing, | and | receive | consent | from, | the | Contracting | Officer | reasonably | in | advance | of | the | action |
| and | shall | submit | justification | (including | proposed | substitutions) | in | sufficient | detail | to | permit | evaluation | of | |||
| the | impact | on | this | contract. |
(c) No diversion shall be made by the Contractor without the written consent of the Contracting Officer.
(d) The key personnel and/or facilities under this contract are:
Project Manager Superintendent Quality Control Manager
(End of clause)
3.13‐15 CONFIDENTIALITY OF DATA AND INFORMATION (NOV 2016)
| (a) | In | performance | of | this | contract, | the | contractor | and | any | of | its | subcontractors, | may | need | access | to | and | use |
| various | data | and | information | in | the | possession | of | the | Government. | This | data | and | information | may | have | been | ||
| obtained | under | conditions | which | restrict | the | Government's | right | to | use | and | disclose | this | data | and | ||||
| information | or | which | may | be | adverse | to | the | interests | of | the | Government | or | other | parties | if | it | is | disseminated |
| or | used | in | a | capacity | other | than | in | performance | of | this | contract. | Therefore, | the | contractor | and | its | ||
| subcontractors | agree | to | abide | by | any | restrictive | use | conditions | on | such | data | and | not | to: | (1) | knowingly | ||
| disclose | such | data | and | information | to | others | without | written | authorization | from | the | Contracting | Officer, | |||||
| unless | it | is | already | publically | available; | or | (2) | use | for | any | purpose | other | than | the | performance | of | this | contract |
| any | data | or | information | which | bears | a | restrictive | marking | or | legend | which | the | contractor | has | gained | access | ||
| to | through | the | performance | of | this | contract, | or | information | that | should | be | marked | according | to | FAA | Order | ||
| 1600.75 | "Protecting | Sensitive | Unclassified | Information | (SUI)". | For | the | sole | purpose | of | this | clause, | ||||||
| "information" | means | any | communication | or | representation | of | knowledge | such | as | facts, | data, | or | opinions | in | ||||
| any | medium | or | form, | including | textual, | numerical, | graphic, | cartographic, | narrative | or | visual | form. |
| (b) | In | the | event | the | work | required | to | be | performed | under | this | contract | requires | access | to | proprietary | data | |
| and | information | of | other | companies, | the | contractor | must | obtain | agreement | from | such | other | companies | for | ||||
| such | use | unless | such | data | are | provided | or | made | available | to | the | contractor | by | the | Government. | Two | copies | of |
| such | company‐to‐company | agreements | must | be | furnished | promptly | to | the | Contracting | Officer | for | information | ||||||
| only. | These | agreements | must | prescribe | the | scope | of | authorized | use | and | disclosure | of | the | proprietary | data | and | ||
| information | as | well | as | any | other | terms | and | conditions | to | be | agreed | upon | between | the | parties | thereto. | It | is |
| agreed | by | the | contractor | that | any | such | data | or | information, | whether | obtained | by | the | contractor | pursuant | to | ||
| the | aforesaid | agreement | or | from | the | Government, | must | be | protected | from | unauthorized | use | by | or | ||||
| unauthorized | disclosure | to | any | individual, | corporation, | or | organization | so | long | as | it | remains | proprietary. |
| (c) | The | contractor | agrees | to | conduct | formal | training | to | make | employees | aware | of | the | requirement | to | ||
| maintain | confidentiality | of | data | and | information | as | required | above. | The | contractor | must | obtain | from | each | |||
| employee | in | connection | with | this | contract | a | signed | Non‐Disclosure | Agreement. | This | agreement | must | provide | ||||
| that | the | employee | will | not, | during | employment | or | anytime | thereafter, | disclose | or | use | for | current | or | future | |
| benefit | of | any | party | any | of | the | data | (to | include | any | form | of | Sensitive | Unclassified | Information | (SUI) | described |
| in | FAA | Order | 1600.75) | or | information | not | publically | available | received | in | connection | with | the | work | under | the |
contract.
| (d) | The | contractor | agrees | to | hold | the | Government | harmless | and | indemnify | the | Government | as | to | any | |
| cost/loss | resulting | from | the | unauthorized | use | or | disclosure | of | third | party | data | or | software | by | the | contractor, |
| its | employees, | subcontractors, | or | agents. |
| (e) | The | contractor | agrees | to | include | the | substance | of | this | clause | in | all | subcontracts | awarded | under | this |
| contract. | The | Contracting | Officer | will | consider | case‐by‐case | exceptions | to | this | requirement | for | individual | ||||
| subcontracts | in | the | event | that: | (1) | the | contractor | considers | this | clause | to | be | inappropriate | and | unnecessary | |
| in | the | case | of | a | particular | subcontract; | (2) | the | contractor | provides | a | written | statement | affirming | absolute | |
| unwillingness | of | a | subcontractor | to | perform, | absent | some | relief | from | the | substance | of | this | prohibition | and | the |
| reason | why; | (3) | use | of | an | alternate | subcontract | source | would | unreasonably | detract | from | the | quality | of | effort; |
| and | (4) | the | contractor | provides | the | Contracting | Officer | timely | written | advance | notice | of | these | and | any | other |
| extenuating | circumstances. |
| (f) | Except | as | the | Contracting | Officer | specifically | authorizes | in | writing, | upon | completion | of | all | work | under | this |
| contract, | the | contractor | must | return | all | such | data | and | information | described | above | obtained | from | the | ||
| Government, | including | all | copies, | modifications, | adaptations, | or | combinations | thereof, | to | the | Contracting | |||||
| Officer. | Data | obtained | from | another | company | must | be | disposed | of | in | accordance | with | the | contractor's | ||
| agreement | with | that | company, | or | if | the | agreement | makes | no | provision | for | disposition, | must | be | returned | to |
| that | company. | The | contractor | must | further | certify | in | writing | to | the | CO | that | all | copies, | modifications, | |
| adaptations, | or | combinations | of | such | data | or | information | which | cannot | reasonably | be | returned | to | the | ||
| Contracting | Officer | (or | to | the | appropriate | company), | have | been | deleted | from | the | contractor's | (and | any | ||
| subcontractor's) | records | and | destroyed. | The | FAA | reserves | the | right | to | audit | the | deletion. | The | FAA | must | |
| provide | notice | of | the | audit | 10 | calendar | days | prior | to | the | audit. |
| (g) | These | restrictions | do | not | limit | the | contractor's | (or | subcontractor's) | right | to | use | and | disclose | any | data | and |
| information | obtained | from | another | source | without | restriction. |
(End of clause)
| H001. | CLEAN | UP | AND | WASTE | DISPOSAL. | The | work | site, | including | storage | areas, | must | be | kept | clean | and | ||
| orderly | during | the | progress | of | this | project. | The | contractor | must | collect | all | waste | materials, | debris, | and | trash, | ||
| and | dispose | of | them | in | an | on‐site | enclosed | container, | supplied | by | the | contractor. | See | Specifications, | Section | 01 | ||
| 74 | 23‐Final | Cleaning, | PART | 3, | for | detailed | specifics | on | routine | cleanliness | of | the | work | area | and | final | cleanup |
instructions.
| H002. | Applicable | Minimum | Hourly | Rates | of | Wage | ||||||||||
| (a) The | wage | determination | decision | of | the | Secretary | of | Labor | in | this | contract | specifies | the | |||
| minimum | hourly | rates | of | wages | which | shall | be | paid | to | laborers | and | mechanics | employed | or | ||
| working | upon | the | site | of | the | work. | These | rates | have | been | determined | by | the | Secretary | of | Labor |
| in | accordance | with | the | provisions | of | the | Davis‐Bacon | Act, | as | amended, | to | be | the | prevailing | rates | |
| for | the | corresponding | classes | of | laborers | employed | on | contracts | of | a | similar | character | in | the | ||
| locality | where | this | work | is | to | be | performed. |
| (b) While | the | wage | rates | given | in | the | decision | are | the | minimum | rates | required | to | be | paid | during | |
| the | life | of | the | contract, | it | is | the | responsibility | of | bidders | to | inform | themselves | as | to | local | labor |
| conditions | such | as | the | prevailing | wage | rates, | the | length | of | the | work | day | and | work | week, | overtime | |
| compensation | fringe | benefit | payments, | available | labor | supply, | and | prospective | changes | or | |||||||
| adjustment | to | wage | rates. | The | contractor | shall | abide | by | and | conform | to | all | applicable | laws, | |||
| Executive | Orders, | and | rules, | regulations | and | orders | of | the | Secretary | of | Labor. | No | increase | in | the | ||
| contract | price | shall | be | allowed | or | authorized | on | account | of | the | payment | of | wage | rates | in | excess | of |
| those | listed | in | the | contract | wage | determination | decision. |
| (c) The | wage | determination | decision | of | the | Secretary | of | Labor | in | the | contract | is | solely | for | the | |
| purpose | of | setting | forth | the | minimum | hourly | wage | rates | required | to | be | paid | during | the | life | of |
| the | contract | is | not | to | be | accepted | as | a | guarantee, | warranty | or | representation | as | the | wage | rates |
indicated.
| NOTE: | THE | DAVIS‐BACON | ACT | IS | APPLICABLE | (SEE | CONTRACT | CLAUSES). | REFERENCE | THE | ATTACHED | |
| GENERAL | WAGE | DECISION | NO. | WA170036, | DATED | 7/21/2017, | FOR | KING | COUNTY | IN | THE | STATE |
| OF | WASHINGTON | (SEE | SECTION | “J”). | THIS | WAGE | DECISION | IS | HEREBY | INCORPORATED | INTO | THIS |
| REQUEST | FOR | OFFERS | (RFO) | AND | WILL | BE | A | PART | OF | ANY | RESULTANT | CONTRACT. |
H003. Submittals/Schedule
| See | Attachment | 1 | – | Specifications, | for | required | submittals | and | the | submittal | process. | The | total | |||
| timeframe | for | the | submittal | process | is | estimated | to | take | approximately | four | (4) | months | after | |||
| contract | award. | The | contractor | must | provide | an | acceptable | schedule | before | the | Notice | to | Proceed | |||
| is | issued. | The | contractor | must | use | a | standard | scheduling | software | program, | such | as | Primavera, | for | ||
| the | project. | FAA | must | approve | the | software | program. | The | contractor | will | be | required | to | provide | ||
| the | FAA | with | notice | if | the | contractor | makes | logic | changes | in | the | schedule | after | acceptance. |
| The | Notice | to | Proceed | (NTP) | will | not | be | issued | until | all | submittals, | including | the | schedule, |
| have | been | approved | by | the | FAA | and | the | submittal | process | is | complete. |
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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)
3.1.7‐5 DISCLOSURE OF CONFLICTS OF INTEREST (MAR 2009)
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)
3.2.2.3‐60 SPECIFICATIONS, DRAWINGS, AND MATERIAL OFFERS (MAR 2009)
3.2.2.3‐62 PRECONSTRUCTION CONFERENCE (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)
3.2.5‐8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 1996)
3.2.5‐13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)
3.2.5‐14 DISPLAY OF HOTLINE POSTER(S) (APR 2008)
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)
3.3.1‐38 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (APR 2014)
3.4.1‐6 ADDITIONAL BOND SECURITY (APR 1996)
3.4.1‐7 NOTICE TO PROCEED (APR 1996)
3.4.1‐10 INSURANCE ‐ WORK ON A GOVERNMENT INSTALLATION (JUL 1996)
3.4.1‐12 INSURANCE (JUL 1996)
3.4.2‐8 FEDERAL, STATE, AND LOCAL TAXES ‐ FIXED PRICE CONTRACT (APR 2013)
3.5‐4 PATENT INDEMNITY ‐ CONSTRUCTION CONTRACTS (JAN 2009)
3.6.1‐1 NOTICE OF TOTAL SMALL BUSINESS SET‐ASIDE (JAN 2010)
| 3.6.1‐3 | UTILIZATION | OF | SMALL, | SMALL | DISADVANTAGED | AND | WOMEN‐OWNED, | AND | SERVICE‐ |
| DISABLED | VETERAN | OWNED | SMALL | BUSINESS | CONCERNS | (MAR | 2009) |
| 3.6.1‐4 | SMALL, | SMALL | DISADVANTAGED, | WOMEN‐OWNED | AND | SERVICE‐DISABLED | VETERAN | OWNED |
| SMALL | BUSINESS | SUBCONTRACTING | PLAN | (AUG | 2012) |
3.6.1‐7 LIMITATIONS ON SUBCONTRACTING (APR 2016)
3.6.1‐9 MENTOR PROTEGE PROGRAM (APR 2016)
3.6.1‐11 MENTOR‐PROTEGE REQUIREMENTS AND EVALUATION (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)
3.6.2‐44 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (JAN 2012)
| 3.6.3‐9 | OZONE | DEPLETING | SUBSTANCES | AND | HIGH | GLOBAL | WARMING | POTENTIAL |
| HYDROFLUOROCARBONS | (OCT | 2016) |
| 3.6.3‐13 | AFFIRMATIVE | PROCUREMENT | OF | RECYCLED | CONTENT | AND | PRODUCTS | UNDER | SERVICE | AND |
| CONSTRUCTION | CONTRACTS | (OCT | 2016) |
3.6.3‐14 USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS (OCT 2016)
3.6.3‐16 DRUG FREE WORKPLACE (MAR 2009)
3.6.3‐17 EFFICIENCY IN ENERGY‐CONSUMING PRODUCTS (OCT 2016)
| 3.6.3‐19 | AFFIRMATIVE | PROCUREMENT | OF | BIOBASED | PRODUCTS | UNDER | SERVICE | AND |
| CONSTRUCTION | CONTRACTS | (OCT | 2016) |
3.6.3‐21 EFFICIENCY IN WATER CONSUMING PRODUCTS AND SERVICES (OCT 2016)
3.6.3‐23 DELIVERY OF ELECTRONIC AND PAPER DOCUMENTS (OCT 2016)
3.6.3‐24 ASBESTOS NESHAP COMPLIANCE (OCT 2015)
3.6.3‐25 AEROSOLS (OCT 2016)
3.6.3‐26 FOAMS (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)
3.10.4‐23 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)
3.13‐5 SEAT BELT USE BY CONTRACTOR EMPLOYEES (OCT 2001)
3.13‐13 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (JAN 2011)
3.13‐14 REPORTING EXECUTIVE COMPENSATION AND FIRST‐TIER SUBCONTRACT AWARDS (OCT
2012)
3.14‐3 FOREIGN NATIONALS AS CONTRACTOR EMPLOYEES (APR 2014)
3.2.2.3‐41 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)
3.2.2.3‐60 SPECIFICATIONS, DRAWINGS, AND MATERIAL OFFERS (MAR 2009) ‐ ALTERNATE II (JUL 2004)
| (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 | or | ||
| 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 | four | complete | 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)
3.2.2.3‐68 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: | Asbestos | ||||
| containing | materials; | mold | impacted | materials; | lead | paint; | silica | dust | exposure; | fluorescent | lamps | ||||||
| and | polychlorinated | biphenyl | (PCB) | ballasts; | mercury | containing | devices; | falling | objects; | tripping | |||||||
| hazards; | electrical | hazards, | 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 | not | later | than | 365 | calendar | days | after | the | notice | to | proceed | is |
| issued. | 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)
3.4.1‐1 PROPOSAL GUARANTEE (JAN 2017)
| (a) | Offerors | must | furnish | a | proposal | guarantee | in | the | form | of | a | proposal | bond, | a | postal | money | order, | a |
| certified | or | cashier's | check, | an | irrevocable | letter | of | credit, | or | United | States | bonds | or | notes | with | a | maturity | of |
| less | than | five | years. |
(b) The required amount of the proposal guarantee is 20% of the proposal amount (not to exceed $3.0 Million).
(c) The Contracting Officer will return proposal guarantees, other than proposal bonds:
(1) To unsuccessful offerors as soon as possible after an award decision is made; and
(2) To the successful offeror after it signs the contract and submits acceptable bonds required under the contract.
| (d) | If | the | successful | offeror | fails | to | sign | the | contract | or | submit | the | required | bonds | within | the | time | specified | by |
| the | Contracting | Officer, | the | contract | may | be | terminated | for | default. |
| (e) | If | the | contract | is | terminated | for | default, | the | offeror | is | liable | for | any | cost | of | acquiring | the | work | in | excess | of |
| its | proposed | price, | and | the | guarantee | is | available | to | offset | the | difference. | However, | the | guarantee | is | not | an | ||||
| exclusive | remedy. |
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; | and | if | the | contract | price | increases, | an | additional | amount | equal | to100 | percent | of | the |
increase.
| (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 | percent | of | the | contract |
| price; | and | if | the | contract | price | increases, | an | additional | amount | equal | to100 | percent | of | the | increase, | ||||
| 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: | 7.2% |
| 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 |
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