RFO DTFASA-17-R-00834.pdf
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- Attached to
- AMENDMENT 0002: ROOF REPLACEMENT PROJECT AT ANCHORAGE AIR ROUTE TRAFFIC CONTROL CENTER IN ANCHORAGE, ALASKA
- Solicitation number
- DTFASA-17-R-00834
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OMB Control No. 2120-0595 (SF-1442) FAA Template No. 3 (8/97)
SOLICITATION, OFFER, AND
AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
DTFASA-17-R-00834
2. TYPE OF SOLICITATION
FFP
3. DATE ISSUED
8/17/2017
PAGE OF PAGES
IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
n/a
5. REQUISITION/PURCHASE REQUEST NO.
WS-17-02855
6. PROJECT NO.
7. ISSUED BY
Federal Aviation Administration Western Service Area 1601 Lind Ave. SW Renton, WA 98057
8. ADDRESS OFFER TO
cindi.tjelde@faa.gov
9. FOR INFORMATION
CALL:
A. NAME
Cindi Tjelde
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
425-227-2690
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, Identifying no., date):
Anchorage ARTCC Roof Replacement Project - see attached RFO for details.
11. The Contractor shall begin performance within 5 calendar days and complete it within 90 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable.
12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If “YES,” indicate within how many calendar days after award in Item 12B.)
YES NO
12B. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by 5:00 PM (hour) local time 10/16/2017 (date): Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee is, is not required.
C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
OMB Control No. 2120-0595 (SF-1442) FAA Template No. 3 (Reverse) (8/97)
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)
15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14)
CODE FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Offerors providing less than the calendar days indicated here for Government acceptance after the date offers are due will not be considered and offer will be rejected.)
AMOUNTS
Materials $ Labor $ Total $
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each.)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN (Type or print)
20B. SIGNATURE 20C. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. RESERVED.
26. ADMINISTERED BY
27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
28. NEGOTIATED AGREEMENT Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract.
The rights and obligations of the parties to this contract shall be governed by
(a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consist of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO
SIGN (Type or print)
31A. NAME OF CONTRACTING OFFICER (Type or print)
30B. SIGNATURE 30C. DATE
31B. UNITED STATES OF AMERICA
BY
31C. AWARD
DATE
cindi tjelde Highlight cindi tjelde Highlight
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 | Tech‐Ops | Wing | Roof | at | the | |
| Anchorage | Air | Route | Traffic | Control | Center | (ARTCC) | located | at | 700 | N. | Boniface | Parkway | in | |
| Anchorage, | 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.
| 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. | BOND | REQUIREMENTS. | Performance | and | payment | bonds | are | required | on | this | contract | and | |
| must | be | submitted | within | 14 | calendar | days | from | contract | award | date. |
| A | proposal | guarantee | in | a | penal | amount | equal | to | 20% | of | the | proposal | price | (CLIN | 001) | is |
| required | at | time | of | proposal | submission. |
| See | Contract | Clauses | 3.4.1‐1 | Proposal | Guarantee, | 3.4.1‐4 | Performance | Bond | Requirements, | |||||
| and | 3.4.1‐5 | Payment | Bond | Requirements, | in | Section | I | of | this | Request | for | Offers | (RFO) | for |
| detailed | information | regarding | bond | requirements. |
| B004. | NO | SET‐ASIDE | DETERMINATION. | This | procurement | is | open | to | ALL | business | sizes; | it | will | |||
| be | solicited | with | full | and | open | competition | to | ensure | that | a | sufficient | number | of | contractors | will | |
| submit | offers, | that | the | FAA | will | contract | with | a | highly | qualified | contractor, | and | that | the | FAA | will |
| obtain | a | fair | and | reasonable | price. | Small | businesses, | SBA | 8(a)’s, | and | Service | Disabled | Veteran | |||
| Owned | Small | Businesses | are | encouraged | to | submit | an | offer. |
| APPLICABLE | NAICS | CODE: | 238160 | – | Roofing | Contractors, | with | a | small | business | size | standard | of |
| $15.0 | Million. |
| B005. | PERIOD | OF | PERFORMANCE. | 90 | calendar | days | after | issuance | of | Notice | to | Proceed | (NTP). | ||||
| NTP | is | expected | to | be | mid‐May | 2018, | dependent | upon | when | the | snow | has | melted | in | the | Anchorage | |
| area. | Contractor | will | be | expected | to | have | all | materials | ready | and | all | submittals | approved | by | the | ||
| FAA | by | mid‐May | so | the | project | can | begin | timely | in | Spring. |
| B006. | SITE | VISIT. | A | site | visit | for | this | project | will | be | held | on | Thursday, | September | 21, | 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 | James | Gentry | at | james.gentry@faa.gov | or | (907)271‐3377 | by | 2:00 | p.m. | (Alaska | ||||||||
| Time) | on | Tuesday, | September | 19, | 2017. | Any | attempts | to | RSVP | past | the | deadline | date | may | not | be |
approved.
| B007. | 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 $500,000 AND $1,000,000
Section C ‐ Description/Specifications
See Attachment 1 – Specifications.
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)
3.10.1‐24 NOTICE OF DELAY (MAR 2009)
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)
The remainder of this page has been intentionally left blank.
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 | and | scanned | original | signatures. | Microsoft | Word | computer | generated | |||||
| signatures | will | not | 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 |
| On‐site | Superintendent |
(End of clause)
The remainder of this page has been intentionally left blank.
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)
3.2.2.3‐60 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)
3.3.1‐17 PROMPT PAYMENT (JAN 2017)
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)
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)
3.5‐1 AUTHORIZATION AND CONSENT (JAN 2009)
3.5‐2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JAN
2009)
| 3.6.1‐3 | UTILIZATION | OF | SMALL, | SMALL | DISADVANTAGED | AND | WOMEN‐OWNED, | AND |
| SERVICE‐DISABLED | VETERAN | OWNED | SMALL | BUSINESS | CONCERNS | (MAR | 2009) |
3.6.1‐15 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)
3.6.2‐10 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTS (NOV 1997)
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)
3.6.3‐14 USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS (OCT 2016)
3.6.3‐16 DRUG FREE WORKPLACE (MAR 2009)
3.6.3‐23 DELIVERY OF ELECTRONIC AND PAPER DOCUMENTS (OCT 2016)
3.6.4‐10 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JAN 2010)
3.7‐1 PRIVACY ACT NOTIFICATION (NOV 2016)
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)
3.10.6‐1 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, | nor | from | responsibility | for | complying | with | the | |||
| contract | requirements, | except | as | described | under | (h). |
| (h) | If | you | submittals | vary | from | the | contract | requirements, | you | must | describe | the | variations | in | ||||
| writing, | separate | from | the | submittal, | when | you | submit | them. | Send | this | description, | a | copy | of | the | |||
| offer, | and | a | proposal | to | incorporate | it | into | the | contract | directly | to | the | CO. | If | the | CO | approves | a |
| variation, | the | CO | must | issue | an | appropriate | contract | modification, | unless | the | variation | is | minor | or | ||||
| does | not | involve | a | change | in | price | or | in | time | of | performance. |
| (i) | You | must | submit | to | the | CO | for | approval | four | copies | (unless | otherwise | indicated) | of | all | shop |
| drawings | as | called | for | under | the | various | headings | of | these | specifications. | The | CO | will | keep | three | |
| sets | (unless | otherwise | indicated) | of | all | offers | and | will | return | one | set | to | you. |
(j) You must insert this clause, with appropriate changes in the designation of the parties, in all subcontracts.
| (k) | When | you | finish | the | work | under | this | contract, | you | must | provide | four | (4) | 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: | |||
| falls, | 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 | not | later | than | 90 | calendar | days | after | issuance | of | the |
Notice to Proceed (NTP). 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.
(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. |
| (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. |
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