RFO DTFAWN-16-R-00097 R4 Sections D E F G H.doc

PART I - SECTION D

PACKAGING AND MARKING

D0001.

Unless otherwise specified, standard commercial packaging and markings must be used where applicable.

PART I - SECTION E

INSPECTION AND ACCEPTANCE

3.1-1 Clauses and Provisions Incorporated by reference (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)

3.10.4-2 Inspection of Supplies - Fixed Price (November 1997)

3.10.4-15 Certificate of Conformance (April 1996)

3.10.4-16 Responsibility for Supplies (April 1996)

Warranty of Supplies

1) Contractor warrants that all supplies furnished under this contract shall have a standard commercial warrant of not less than one year or better after final installation and acceptance by the FAA.

2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor’s liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor’s plant, and return.

3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty with respect to supplies or parts thereof, shall be equal in duration to that in paragraph E2.1 of this clause and shall run from the date of delivery of the corrected or replaced supplies.

PART I - SECTION F

DELIVERIES OR PERFORMANCE

3.1-1 Clauses and Provisions Incorporated by reference (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)

3.10.1-9 Stop-Work Order (October 1996)

3.2.2.8-7 Desired and Required Time of Delivery (November 1997)

(a) The Government desires delivery to be made according to the following schedule:

1.

DESIRED DELIVERY SCHEDULE

CONTRACT LINE ITEM B0001AND B0002, IN THE AGGREGATE AS SHOWN WITHIN THE SCHEDULE TO BE DESIGNED, FABRICATED, PACKAGED AND DELIVERIED FOUR (4) WEEKS AFTER THE DATE OF CONTRACT.

If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. However, the Offeror’s proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government's required delivery schedule below:

2.

REQUIRED DELIVERY SCHEDULE

CONTRACT LINE ITEM B0001 AND B002 IN THE AGGREGATE AS SHOWN WITHIN THE SCHEDULE TO BE DESIGNED, FABRICATED, PACKAGED, DELIVERIED AND OFF LOADED AT DESTINATION NO LATER THAN JULY 31, 2016.

Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, may be rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply.

3.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (i) five calendar days for delivery of the award through the ordinary mails, or (ii) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term 'working day' excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer may be rejected.

(End of clause) 3.11-34 F.O.B. Destination (April 1999)

(a) The term "f.o.b. destination," as used in this clause, means--

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the Contractor uses rail carrier or freight forwarded for less than carload shipments, the Contractor shall ensure that the carrier will furnish tailgate delivery, when required if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall--

(1) (i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of clause)

3.2.2.8-2 Variation in Quantity (April 1996)

(a) A variation in the quantity of any contract item will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation shall be limited to: 0% increase and 0% decrease this permissible variation shall be limited to no CLIN.

(End of clause)

F0001.

Responsibility of the Design Contractor

(a) The Contractor (you) are responsible for the professional quality, technical accuracy, and coordination of all designs, drawings, specifications, and other services you provide under this contract. You must, at no additional cost to us, correct or revise any errors or deficiencies in your designs, drawings, specifications, and other services.

(b) FAA's (we, our) review, approval or acceptance of, or payment for, the services this contract requires are not a waiver of our rights under this contract or of any cause of action arising out of performing this contract. You remain liable to us under applicable law for damages resulting from your negligent performance of any of the services provided under this contract.

(c) The rights and remedies this contract gives FAA are in addition to any other rights and remedies the law provides.

(d) If you are comprised of more than one legal entity, each entity is be jointly and severally liable under this clause.

(End of clause)

PART I - SECTION G

CONTRACT ADMINISTRATION DATA

3.10.1-22 Contracting Officer's Representative (April 2012)

(a) The Contracting Officer may designate other Government personnel (known as the Contracting Officer's Representative (COR)) to act as his or her authorized representative for contract administration functions which do not involve changes to the scope, price, schedule, or terms and conditions of the contract. The designation will be in writing, signed by the Contracting Officer, and will set forth the authorities and limitations of the representative(s) under the contract. Such designation will not contain authority to sign contractual documents, order contract changes, modify contract terms, or create any commitment or liability on the part of the Government different from that set forth in the contract.

(b) The Contractor shall immediately contact the Contracting Officer if there is any question regarding the authority of an individual to act on behalf of the Contracting Officer under this contract.

(End of Clause)

G0001. Invoicing: Contractors must submit certified request for payment(s) to the COR for verification that the supplies or services to be paid are complete and proper for the period billed; after which the COR forwards the request for payment to the Contracting Officer.

NOTE. THE GOVERNEMNT RESERVES THE RIGHT TO MODIFY THE PROCESS FOR SUBMITTING INVOICES AS NEEDED.

G0002. Correspondence: Proper routing and distribution of correspondence is required to insure that the Contracting Officer has knowledge of pertinent action taken relating to the contract. The Contractor shall furnish to the contracting Officer copies of ALL written correspondence provided to the Contracting Officer’s Representative (COR), including transmittal letters. Submittals accompanying transmittal letter to the COR shall not be forwarded to the Contracting Officer.

DOT, Federal Aviation Administration

AAQ-530 Acquisition Group

ATTN: Clarence Davis

1601 Lind Avenue, S.W.

Renton, Washington 98057-3356

PART I - SECTION H

SPECIAL CONTRACT REQUIREMENTS

3.1-1 Clauses and Provisions Incorporated by reference (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)

3.1.9-1 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 by digital signatures embedded in the Signature Blocks as required in Part IV – Section L , Instructions and Notices to Offerors.

(End of Clause)

H0001.

Applicable Minimum Hourly Rates of Wages

Walsh Healey Public Contracts Acts is included by reference and applies to federal contracts for materials, etc., which exceeds $10,000.00.

H0002.

Occupancy: The facility will be occupied during construction. The Contractor must at all times keep the work area, including storage areas, free from accumulations of waste materials.

H0003.

Contractor Acquired Insurance – Does not apply when making deliveries or short visits to the site.

a. The Contractor must comply with the requirements of contract clauses 3.4.1-12, Insurance Work on a Government Installation. The Contractor must procure and maintain during the entire period of performance under this contract the following minimum insurance:

Type

Amount

Automobile Liability

Bodily Injury Liability

$200.000 per person

$1,000,000 per occurrence

Property Damage

$200,000 per occurrence

Comprehensive General Liability

Bodily Injury

$5,000,000 per occurrence

Worker’s Comprehensive and Employers Liability

Worker’s Compensation and Occupational Disease

Statutory

Employer’s Liability

$5,000,000

b. The Contractor must comply with the requirements of contract clauses 3.4.1-12, Insurance Work on a Government Installation.

c. Notice of Cancellation and Changes – Insurance policies other than Errors and Omission must contain an endorsement to the effect that a cancellation of or material change in policy that adversely affects the interest of the FAA should not be effective until at least 30 days after the written notice of cancellation or change is given to the Contracting Officer.