Revised RFO DTFAWN-14-R-00112.pdf

DTFAWN-14-R-00112

PART I - SECTION B

SUPPLIES/SERVICES & PRICE/COST

THE CONTRACTOR SHALL FURNISH ALL BADGES, LABOR, MATERIALS (EXCEPT GOVERNMENT

FURNISHED), SERVICES, EQUIPMENT, TRANSPORTATION, BONDS, INSURANCE, SECURITY

NOTIFICATIONS, LICENSES, PERMITS, FEES, TESTING, REPORTING, SUBMITTALS, AND

SUPERVISION NECESSARY TO PERFORM ALL WORK ASSOCIATED WITH THE REPLACEMENT OF

THE RUNWAY 3 GLIDE SLOPE FACILITY AT LANAI AIRPORT, IN ACCORDANCE WITH THE

SPECIFICATIONS, DRAWINGS, CONTRACT CLAUSES AND WAGE RATES.

B001

Contract Line Item Description Quantity Total

Installation/Relocation of runway 3 GS Facility at Lanai Airport

1 JOB

Relocation of the existing Weather Equipment

1 JOB $____________________

Total $___________________

The offered price shall encompass all costs related to (a) direct and indirect labor, fringe benefits, overhead, G&A expenses, profit, material, equipment, other direct costs, insurance, freight, handling, transportation, inspection, testing, operation and maintenance manuals, bonds, etc., (b) federal, state, and local taxes, (c) all applicable fees permits, licenses, and (d) any miscellaneous charges.

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 shall procure and maintain during the entire period of performance under this contract the following minimum insurance. Vendor should check with Airport Authority to determine if additional insurance is required:

Type Amount

Automobile Liability $ 200,000 per person

Bodily Injury Liability $ 500,000 per occurrence

Property Damage $ 200,000 per occurrence

Comprehensive General Liability

Bodily Injury $ 500,000 per occurrence

Workers’ Compensation and Employers’ Liability

Workers’ Compensation and occupational Disease Statutory, but see below

Employer’s Liability $100,000

B003. SMALL BUSINESS. This procurement is being set aside exclusively for competition among ALL Small Business Concerns. Small businesses competing for this acquisition shall certify their status on the Business Declaration form inserted following Part IV, Section K. SBA 8(a) and Service Disabled Veteran Owned Small Businesses are encouraged to submit an offer. The applicable North American Industry Classification System (NAICS) Code is: 237130 – Power and Communication Line and Related Structures Construction with a size standard of $33.5 million.

B004. PERIOD OF PERFORMANCE. 40 calendar days from issuance of Notice-to-Proceed (NTP).

B005. SITE VISIT. No site visit will be scheduled under this solicitation.

B006. BADGES, Offeror is responsible for obtaining all necessary badges prior to NTP.

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.

THE ESTIMATED PRICE RANGE FOR THIS PROJECT IS BETWEEN $100,000.00 AND $500,000.00

DAVIS BACON WAGE RATES APPLY - SEE SECTION “J”.

OFFERS SHALL INCLUDE ALL APPLICABLE STATE AND LOCAL TAXES.

FAXED/EMAILED PROPOSALS ARE NOT ACCEPTABLE.

SUBMIT OFFERS TO: SEE SECTION “L”

PROPOSALS ARE DUE NO LATER THAN 1:00 PM LOCAL TIME, ON FRIDAY MA Y 23, 2014.

THIS IS A REQUEST FOR OFFERS, THUS NO FORMAL BID OPENING WILL O CCUR AND

RESULTS WILL NOT BE AVAILABLE BY TELEPHONE. DO NOT CALL FOR RESU LTS!

PART I - SECTION C

SCOPE OF WORK

Please see Specifications.

PART I - SECTION D

PACKAGING AND MARKING

N/A

PART I - SECTION E

INSPECTION AND ACCEPTANCE

3.1-1 Clauses and Provisions Incorporated by refere nce (July 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 (September 2009) 3.10.4-11 Inspection - Dismantling, Demolition, or Removal of Improvements (April 1996)

PART I - SECTION F

DELIVERIES OR PERFORMANCE

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 (April 1996)

PART I - SECTION G

CONTRACT ADMINISTRATION DATA

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)

3.2.2.3-62 Preconstruction Conference (July 2004)

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

(End of clause)

3.10.1-19 Modification Cost Proposal - Price Breakdown (Const ruction) (July 1996)

(a) The contractor, in connection with any proposal it makes for a contract modification, shall furnish a price breakdown, itemized as required by the Contracting Officer. The breakdown shall be in enough detail to permit an analysis of all material, labor, equipment, subcontract, and overhead costs, as well as profit, and shall cover all work involved in the modification, whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by similar price breakdowns from those subcontractors.

(b) In addition, if the proposal includes a time extension, a justification thereof shall also be furnished.

Notwithstanding any other provisions of this contract, it is mutually understood that the time extension for changes in the work will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of work. The contract completion dates will be extended only for those specific elements so delayed and the remaining contract completion dates for all other portions of the work will not be altered.

(c) The proposal, together with the price breakdown and time extension justification, shall be furnished by the date specified by the Contracting Officer.

(End of clause)

3.10.1-23 Contracting Officer's Representative-Cons truction Contracts (April 2012)

(a) The Contracting Officer may appoint other Government personnel to accomplish certain contract administration matters. While there shall be various titles and divisions of duties for these individuals, generically they are known as Contracting Officer's Representatives (CORs). The Contracting Officer will provide written notice of COR appointment(s), setting forth the authorities and limitations, to the Contractor within __5__ 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)

G001. Correspondence

Proper routing and distribution of correspondence is required to insure that the Contracting Officer has knowledge of pertinent actions taken relating to the contract. The Contractor shall furnish to the Contracting Officer copies of ALL written correspondence provided to the Contracting Officer’s Technical Representative (COTR), including transmittal letters. Submittals accompanying transmittal letter to the COTR shall not be forwarded to the Contracting Officer.

Federal Aviation Administration Western Logistic Service Area ATTN: Cindi Tjelde, AAQ-530 1601 Lind Avenue, S.W.

Renton, Washington 98057-3356

G002. Invoice Submission

Partial payments based on actual project completion are authorized under this contract. Payment will be made at a rate of 100% of progress, without retainage, until the project has reached 90% of the project value. The remainder will be paid upon project completion and acceptance.

Payrolls must be submitted along with any application for payment. Fringe benefits paid, if any, must be clearly identified.

G003. Subcontract Acknowledgement

Within ten (10) calendar days after contract award of any tier subcontract for performance or work at the construction site, the contractor shall deliver to the Contacting Officer an executed SF 1413, Statement and Acknowledgement form by which the contactor and the subcontractor acknowledges that the labor standard clauses of this contract have been included in the subcontract and in any lower tier subcontract awarded by her/him for work under this contract (also reference contract clause 3.6.2-22 Subcontracts (Labor standards)). The Contracting Officer shall furnish copies of the form to the contractor. Nothing contained in this contract shall create any contractual relation between a subcontractor and the Government.

G004. Bond Requirement:

Bid, Performance and Payment bonds are required and shall be submitted within ten (10) calendar days of written notice of contract award. The penal sums are as follows:

a. The contractor is required to submit a performance bond in a penal amount equal to 100% of the contract price within the time stated above.

b. The contractor is required to submit a payment bond in a penal amount equal to 100% of the contract price within the time stated above.

c. The contractor is required to submit a bid bond in a penal amount equal to 20% of the contract price at the time of proposal submission.

PART I - SECTION H

SPECIAL CONTRACT REQUIREMENTS

3.1-1 Clauses and Provisions Incorporated by reference (July 2011) 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 (on this web page, select "Search and View Clauses").

3.1.9-1 Electronic Commerce and Signature (July 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: scanned signatures.

(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:

Contractor’s Project Manager and On-Site Superinten dent

H001. Clean Up

The Contractor shall at all times keep the work area, including storage areas, free from accumulation of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government.

Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

H002. FAA Facility Regulations

Contractor personnel, including employees of subcontractors, suppliers, etc., working on or visiting an FAA facility shall abide by all appropriate traffic, parking, security, and airport regulations in effect at that facility.

H003. 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. HI140001 FOR MAUI COUNTY IN THE STATE OF

HAWAII (SEE SECTION “J”). THIS WAGE DECISION IS HEREBY INCORPORATED INTO THIS

SCREENING INFORMATION REQUEST (SIR) AND WILL BE A PART OF ANY RESULTANT

CONTRACT.

H004. Warranty

The warranty provisions of FAA AMS clause 3.10.1-20 Warranty-Construction (July 1996) are hereby incorporated into the subject contract as presenting the minimum period of coverage and terms under the contract. This minimum coverage period does NOT represent the extended warranty period applicable and required for certain items and deliverables as covered in the specifications. In the event of any discrepancy between warranty coverage as set forth in the specifications and the warranty provisions of the above referenced clause, under no circumstances shall the warranty period be interpreted to be less than one (1) year, not the rights and remedies available to the government be any less than as provided by FAA AMS clause 3.10.1-20.

H005. Material Submittals

See the Scope of Work for required submittals.

PART II - SECTION I

CONTRACT CLAUSES

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 (August 1997) 3.2.2.3-33 Order of Precedence (March 2009) 3.2.2.3-42 Differing Site Conditions (July 2004) 3.2.2.3-43 Site Investigation and Conditions Affecting the Wor k (July 2004) 3.2.2.3-45 Material and Workmanship (July 2004) 3.2.2.3-46 Supervising the Contract Work (July 2004) 3.2.2.3-47 Permits and Responsibilities (July 2004) 3.2.2.3-48 Other Contracts (March 2009) 3.2.2.3-49 Protecting Existing Vegetation, Structures, Equipme nt, Utilities, and Improvements (July 2004) 3.2.2.3-50 Property Protection (March 2009) 3.2.2.3-51 Operations and Storage Areas (April 2012) 3.2.2.3-52 Use and Possession Before the Proj ect is Complete (July 2004) 3.2.2.3-53 Cleaning Up and Roadway Maintenance (July 2004) 3.2.2.3-54 Preventing Accidents (July 2004) 3.2.2.3-56 Schedules for Construction Contrac ts (July 2004) 3.2.2.3-58 Layout of Work (March 2009) 3.2.2.3-60 Specifications, Drawings, and Material Offers (March 2009 3.2.2.3-68 Safety and Health (July 2004) 3.2.2.7-6 Protecting the Government's Interest when Subcontra cting with Contractors Debarred, Suspended, or Proposed for Debarment (April 2011) 3.2.2.7-8 Disclosure of Team Arrangements (April 2008) 3.2.5-1 Officials Not to Benefit (April 1996) 3.2.5-3 Gratuities or Gifts (January 1999) 3.2.5-4 Contingent Fees (October 1996) 3.2.5-5 Anti-Kickback Procedures (October 2010) 3.2.5-8 Whistleblower Protection for Contractor Employees (April 1996) 3.3.1-2 Payments under Fixed-Price Construction Contracts (April 1996) 3.3.1-19 Prompt Payment for Construction Contracts (September 2009) 3.3.1-20 Providing Accelerated Payment to Smal l Business Subcontractors (October 2012) 3.3.1-34 Payment by Electronic Funds Transfer- Central Cont ractor Registration (August 2012) 3.3.2-1 FAA Cost Principles (October 1996) 3.4.1-5 Payment Bond Requirements (April 1996) 3.4.1-12 Insurance (July 1996) 3.6.1-1 Notice of Total Small Business S et-Aside (January 2010) 3.6.2-39 Trafficking in Persons (January 2008) 3.6.3-13 Recycle Content and Environmentally Preferable Pro ducts (April 2009) 3.6.3-14 Use Of Environmentally Preferable Products (April 2009) 3.6.3-16 Drug Free Workplace (March 2009) 3.6.3-22 Construction Waste Management (July 2013) 3.6.4-3 Buy American Act - Construction Materials (October 2011) 3.6.4-10 Restrictions on Certain Foreign Purchases (January 2010)

3.9.1-1 Contract Disputes (October 2011) 3.9.1-2 Protest After Award (August 1997) 3.10.1-7 Bankruptcy (April 1996) 3.10.1-8 Suspension of Work (August 1998) 3.10.1-15 Changes-Construction, Dismantling, Demolition, or R emoval of Improvements (July 1996) 3.10.1-16 Changes and Changed Conditions (April 1996) 3.10.1-25 Novation and Change-Of-Name Agreements (October 2007) 3.10.2-1 Subcontracts (Fixed-Price Contracts) (April 1996) 3.10.6-1 Termination for Convenience of th e Government (Fixed Price) (October 1996) 3.10.6-6 Default (Fixed Price Construction) (October 1996) 3.13-5 Seat Belt Use by Contractor Employees (October 2001) 3.13-13 Contractor Policy to Ban Text Messaging While Drivi ng (January 2011)

3.2.2.3-41 Performing Work (July 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)

3.2.2.3-71 Starting, Performing and Completing Work (July 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 40 calendar days. The time allowed for completion must include final cleanup of the premises.

(End of clause)

3.3.1-33 System for Award Management (August 2012)

(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 CCR 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.

(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.ccr.gov/ or by calling 1-888-227-2423, or 269-961-5757.

(End of Clause)

3.6.1-3 Utilization of Small, Small Disadvantaged an d Women-Owned, and Service-Disabled Veteran Owned Small Business Concerns (March 2009)

(a) It is the policy of the Federal Aviation Administration that small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals shall be provided reasonable opportunities to participate in performing contracts it lets, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals.

(b) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the FAA as may be necessary to determine the extent of the Contractor's compliance with this clause.

(c) The terms "small disadvantaged business, and small business concern owned and controlled by socially and economically disadvantaged individuals" shall mean a small business concern

(1) Which is at least 51 percent unconditionally owned by one or more socially and economically disadvantaged individuals; or, in the case of any publicly owned business, at least 51 per centum of the stock of which is unconditionally owned by one or more socially and economically disadvantaged individuals; and

(2) Whose management and daily business operations are controlled by one or more of such individuals.

(3) This term also means a small business concern that is at least 51 percent unconditionally owned by an economically disadvantaged Indian tribe or Native Hawaiian Organization, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one of these entities which has its management and daily business controlled by members of an economically disadvantaged Indian tribe or Native Hawaiian Organization. The Contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian- Pacific Americans, Subcontinent Asian Americans, and other minorities, or any other individual found to be disadvantaged by the FAA. The Contractor shall presume that socially and economically disadvantaged entities also include Indian Tribes and Native Hawaiian Organizations.

(d) The term ``small business concern owned and controlled by women' shall mean a small business concern:

(1) Which is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women; and

(e) The term "service-disabled veteran owned small business concern" shall mean a small business that is 51% owned and controlled by a service-disabled veteran(s).

(f) Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as a small business concern, a small disadvantaged business concern, a small business concern owned and controlled by socially and economically disadvantaged individuals, a small business concern owned and controlled by women or a service-disabled veteran owned small business concern.

(End of clause)

3.6.1-4 Small, Small Disadvantaged, Women-Owned and Service-Disabled Veteran Owned Small Business Subcontracting Plan (August 2012)

(a) This clause does not apply to small business concerns.

(b) Definitions. As used in this clause- "Alaska Native Corporation (ANC)" means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C.

1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2).

"Commercial item" means a product or service that satisfies the definition of commercial item in Appendix C of the FAA Acquisition Management System Policy.

"Commercial plan" means a subcontracting plan (including goals) that covers the offeror's fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line).

"Electronic Subcontracting Reporting System (eSRS)" means the Governmentwide, electronic, web-based system for small business subcontracting program reporting. The eSRS is located at:

http://www.esrs.gov/.

"Indian tribe" means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e).

"Individual contract plan" means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror's planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.

"Master plan" means a subcontracting plan that contains all the required elements of an individual contract plan, except goals, and may be incorporated into individual contract plans, provided the master plan has been approved.

"Subcontract" means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.

(c) The offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business, small disadvantaged business, women-owned small business and service-disabled veteran-owned small business concerns. If the offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business, small disadvantaged business, women-owned small business, and service-disabled veteran-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the offeror ineligible for award of a contract.

(d) The offeror's subcontracting plan shall include the following:

(1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business, small disadvantaged business, women-owned small business and service-disabled veteran-owned small business concerns as subcontractors. The offeror shall include all sub-contracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C. 1626:

(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business (SDB) concerns, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe.

(ii) Where one or more subcontractors are in the subcontract tier between the prime contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals.

(A) In most cases, the appropriate Contractor is the Contractor that awarded the subcontract to the ANC or Indian tribe.

(B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor. The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract.

(C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the prime Contractor, and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award.

(D) If the Contracting Officer does not receive a copy of the ANC's or the Indian tribe's written designation within 30 days of the subcontract award, the Contractor that awarded the subcontract to the ANC or Indian tribe will be considered the designated Contractor.

(2) A statement of"

(i) Total dollars planned to be subcontracted for an individual contract plan; or the offeror's total projected sales, expressed in dollars, and the total value of projected subcontracts to support the sales for a commercial plan;

(ii) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes);

(iii) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes);

(iii) Total dollars planned to be subcontracted to women-owned small business concerns; and

(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business concerns.

(3)A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to"

(i) Small business concerns;

(ii) Small disadvantaged business concerns;

(iii) Women-owned small business concerns; and

(iv) Service-disabled veteran-owned small business concerns.

(4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause.

(5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the System for Award Management (SAM), veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information

Division of the Minority Business Development Agency in the Department of Commerce, or small, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in SAM as an accurate representation of a concern's size and ownership characteristics for the purposes of maintaining a small, small disadvantaged, women-owned, and service-disabled veteran-owned small business source list. Use of SAM as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause.

(6) A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with"

(i) Small business concerns (including ANC and Indian tribes);

(ii) Small disadvantaged business concerns (including ANC and Indian tribes);

(iii) Women-owned small business concerns; and

(iv) Service-disabled veteran-owned small business concerns.

(7) The name of the individual employed by the offeror who will administer the offeror's subcontracting program, and a description of the duties of the individual.

(8) A description of the efforts the offeror will make to assure that small business, small disadvantaged business, women-owned small business, and service-disabled veteran-owned small business concerns have an equitable opportunity to compete for subcontracts.

(9) Assurances that the offeror will include the clause of this contract entitled "Utilization of Small Business Concerns" in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $650,000 ( $1,500,000 for construction of any public facility) with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of this clause.

(10) Assurances that the offeror will"

(i) Cooperate in any studies or surveys as may be required;

(ii) Submit periodic reports so that the Government can determine the extent of compliance by the offeror with the subcontracting plan;

(iii) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (l) of this clause using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov/. The reports shall provide information on subcontract awards to small business concerns, small disadvantaged business concerns, women-owned small business concerns, service-disabled veteran-owned small business concerns, and Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with this clause, or as provided in agency regulations;

(iv) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using eSRS;

(v) Provide its prime contract number, its DUNS number, and the e-mail address of the Government or Contractor official responsible for acknowledging or rejecting the reports, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their reports; and

(vi) Require that each subcontractor with a subcontracting plan provide the prime contract number, its own DUNS number, and the e-mail address of the Government or Contractor official responsible for acknowledging or rejecting the reports, to its subcontractors with subcontracting plans.

(11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offeror's efforts to locate small business, small disadvantaged business, women-owned small business, and service-disabled veteran-owned small business concerns, and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated):

(i) Source lists (e.g., SAM), guides, and other data that identify small business, small disadvantaged business, women-owned small business concerns, and service-disabled veteran-owned small business.

(ii) Organizations contacted in an attempt to locate sources that are small business, small disadvantaged business, women-owned small business or service-disabled veteran-owned small business concerns.

(iii) Records on each subcontract solicitation resulting in an award of more than $100,000, indicating"

(A) Whether small business concerns were solicited and, if not, why not;

(B) Whether small disadvantaged business concerns were solicited and, if not, why not;

(C) Whether women-owned small business concerns were solicited and, if not, why not;

(D) Whether service-disabled veteran-owned small business concerns were solicited and, if not, why not; and

(E) If applicable, the reason award was not made to a small business concern.

(iv) Records of any outreach efforts to contact"

(A) Trade associations;

(B) Business development organizations;

(C) Conferences and trade fairs to locate small, small disadvantaged, and women-owned small business sources; and

(D) Veterans service organizations.

(v) Records of internal guidance and encouragement provided to buyers through"

(A) Workshops, seminars, training, etc.; and

(B) Monitoring performance to evaluate compliance with the program's requirements.

(vi) On a contract-by-contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having commercial plans need not comply with this requirement.

(e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions:

(1) Assist small business, small disadvantaged business, women-owned small business, and service-disabled veteran-owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor's lists of potential small business, small disadvantaged business, women-owned small business, and service-disabled veteran-owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time.

(2) Provide adequate and timely consideration of the potentialities of small business, veteran-owned small business, small disadvantaged business, women-owned small business, and service-disabled veteran-owned small business concerns in all "make-or-buy" decisions.

(3) Counsel and discuss subcontracting opportunities with representatives of small business, small disadvantaged business, women-owned small business, and service-disabled veteran-owned small business firms.

(4) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, small disadvantaged, women-owned small business, or service-disabled veteran-owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor's subcontracting plan.

(f) A master plan on a plant or division-wide basis that contains all the elements required by paragraph

(d) of this clause, except goals, may be incorporated by reference as a part of the subcontracting plan required of the offeror by this clause; provided"

(1) The master plan has been approved;

(2) The offeror ensures that the master plan is updated as necessary and provides copies of the approved master plan, including evidence of its approval, to the Contracting Officer; and

(3) Goals and any deviations from the master plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth in the individual subcontracting plan.

(g) A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial items. The commercial plan shall relate to the offeror's planned subcontracting generally, for both commercial and Government business, rather than solely to the Government contract. Once the Contractor's commercial plan has been approved, the Government will not require another subcontracting plan from the same Contractor while the plan remains in effect, as long as the product or service being provided by the Contractor continues to meet the definition of a commercial item. A Contractor with a commercial plan shall comply with the reporting requirements stated in paragraph (d)(10) of this clause by submitting one SSR in eSRS for all contracts covered by its commercial plan. This report shall be acknowledged or rejected in eSRS by the Contracting Officer who approved the plan. This report shall be submitted within 30 days after the end of the Government's fiscal year.

(h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract.

(i) A contract may have no more than one plan. The goals associated with a modification or option exercised shall be added to those in the existing subcontract plan.

(j) Subcontracting plans are not required from subcontractors when the subcontractor provides a commercial item subject to the clause at 3.10.2-6, Subcontracts for Commercial Items and Commercial Components, under a prime contract.

(k) The failure of the Contractor or subcontractor to comply in good faith with"

(1) The clause of this contract entitled "Utilization Of Small Business Concerns;" or

(2) An approved plan required by this clause, shall be a material breach of the contract.

(l) The Contractor shall submit ISRs and SSRs using the web-based eSRS at:

http://www.esrs.gov/.

Purchases from a corporation, company, or subdivision that is an affiliate of the prime Contractor or subcontractor are not included in these reports. Subcontract award data reported by prime Contractors and subcontractors shall be limited to awards made to their immediate next-tier subcontractors. Credit cannot be taken for awards made to lower tier subcontractors, unless the Contractor or subcontractor has been designated to receive a small business or small disadvantaged business credit from an ANC or Indian tribe.

(1) ISR. This report is not required for commercial plans. The report is required for each contract containing an individual subcontract plan and shall be submitted to the Administrative Contracting Officer (ACO) or Contracting Officer, if no ACO is assigned.

(i) The report shall be submitted semi-annually during contract performance for the periods ending March 31 and September 30. A report is also required for each contract within 30 days of contract completion. Reports are due 30 days after the close of each reporting period, unless otherwise directed by the Contracting Officer. Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or the previous reporting period.

(ii) When a subcontracting plan contains separate goals for the basic contract and each option, the dollar goal inserted on this report shall be the sum of the base period through the current option; for example, for a report submitted after the second option is exercised, the dollar goal would be the sum of the goals for the basic contract, the first option, and the second option.

(iii) The authority to acknowledge receipt or reject the ISR resides"

(A) In the case of the prime Contractor, with the Contracting Officer; and

(B) In the case of a subcontract with a subcontracting plan, with the entity that awarded the subcontract.

(2) SSR.

(i) Reports submitted under individual contract plans"

(A) This report encompasses all subcontracting under prime contracts and subcontracts with the awarding agency, regardless of the dollar value of the subcontracts.

(B) The report may be submitted on a corporate, company or subdivision (e.g. plant or division operating as a separate profit center) basis, unless otherwise directed by the agency.

(C) If a prime Contractor and/or subcontractor is performing work for more than one executive agency, a separate report shall be submitted to each…