RFO DTFAWN-16-R-00097 R4 Sections I J.doc

PART II - SECTION I

CONTRACT CLAUSES

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)

3.1.7-2 Organizational Conflicts of Interest (August 1997)

3.2.2.3-83 Prohibition Against Contracting with Inverted Domestic Corporations (October 2015)

3.2.2.7-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (April 2011)

3.2.2.7-8 Disclosure of Team Arrangements (April 2008)

3.2.2.8-1 Material Requirement (April 2009)

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)

3.3.1-1 Payments (April 1996)

3.3.1-20 Providing Accelerated Payment to Small Business Subcontractors (October 2012)

3.3.1-34 Payment by Electronic Funds Transfer- System for Award Management (August 2012)

3.3.2-1 FAA Cost Principles (January 2016)

3.4.1-12 Insurance (July 1996)

3.6.1-1 Notice of Total Small Business Set Aside

3.6.2-2 Convict Labor (April 1996) 3.6.2-4 Walsh-Healey Public Contracts Act (April 1996)

3.6.2-9 Equal Opportunity (August 1998)

3.6.2-11 Notification of Visa Denial (April 1996)

3.6.2-13 Affirmative Action for Workers With Disabilities (October 2010) 3.6.2-39 Trafficking in Persons (October 2015)

3.6.3-16 Drug Free Workplace (March 2009)

3.6.3-23 Delivery of Electronic and Paper Documents (October 2014)

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)

3.10.1-12 Changes - Fixed-Price (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 the Government (Fixed Price) (October 1996)

3.10.6-4 Default (Fixed-Price Supply and Service) (October 1996)

3.13-5 Seat Belt Use by Contractor Employees (October 2001)

3.13-13 Contractor Policy to Ban Text Messaging While Driving (January 2011)

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 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.

(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)

3.6.1-1 Notice of Total Small Business Set-Aside (January 2010)

(a) Definition. Small business concern, as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the North American Industry Classification System (NAICS) standards in this Screening Information Request (SIR) at the time of submission of offer.

(b) General.

(1) Information and/or offers are requested only from small business concerns. Information and/or offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this SIR will be made to a small business concern.

(c) Agreement. A manufacturer or regular dealer submitting information and/or an offer in its own name agrees to furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. However, this requirement does not apply in connection with construction or service contracts.

(End of clause)

3.6.1-7 Limitations on Subcontracting (April 2016)

By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for:

(a) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel must be expended for employees of the prime contractor.

(b) Supplies (other than procurements from a regular dealer in such supplies). The prime contractor must perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(c) General construction. The prime contractor must perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(d) Construction by special trade contractors. The prime contractor must perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

Compute small business subcontracting labor cost percentages as follows:

Contractor Subcontractor Direct Labor $ ________ $ ________ Allowable Overhead ________ ________ Subtotal (A) ________ (B) ________ Labor G&A @_____% ________ ________ Total Labor Costs (C) ________ (D) ________

To calculate the subcontracting percentage, first add Direct Labor and Allowable Overhead and enter the figures for the contractor in space (A) and for the subcontractor (if available)* in space (B).

Next, calculate Labor G & A by multiplying the G & A rate by the subtotal figure in space (A). Calculate subcontractor Labor G & A by multiplying the subcontractor's G & A rate by figure (B). Add the Labor G & A to the Subtotal and record that figure in the spaces for Total Labor Costs (C) and (D).

Now, using the formula (D)/(C) + (D), calculate the subcontracting labor cost percentage.

*You need to be comparing as like figures as possible; therefore, if you have a breakdown of the subcontractor's costs, use it in the formulation above. If you do not have a breakdown of the subcontractors' costs, you should use the Total Subcontracting Amount for item (D), though you should still breakdown the contractor's costs.

(End of clause)

PART III - SECTION J

LIST OF ATTACHMENTS

* The attached Business Declaration Form must be completed and returned with your proposal. It is especially important to accurately complete all entries as they relate to your status as a Small Business concern. The NAICS code used for this procurement is 237130 – Communication Antenna, please see Part II – Section I for the size standard. This information will be used to confirm your status as a small business concern.

Planning Document

For Other than Simplified Acquisitions

Program/Project Title: Design, Fabricate and Deliver Two – Thirty Foot Self Supporting, Eight Arm RTR Communication Antenna for use at the Cedar City, Utah ARSR Facility.

Contracting Officer: Clarence Davis AAQ-530, Acquisition Group

Project Engineer: Maximo Flores, AJW-2W13B, Communication Engineering Group

Program Office/Contracting Officer Representative (COR):

Estimated Dollar Value (including options):

I.

Procurement Background

A.

Description of Requirement/Statement of Need: The manufacturer/production shop shall furnish all labor, tools, parts, materials and facilities necessary to design, fabricate, and delivery of two (2) self-supporting antenna tower as required in accordance with the specifications contained in this section.

NOTE: Erection of tower and construction of foundations will be accomplished by the Government or its Construction Contractor. (Recommend adding as an alternate proposal item) Contractor must have no less than 5 years’ experience in design, fabrication and construction of steel antenna towers, Contractor shall also have experience in design of concrete supporting foundations based on sound geotechnical information. Wiring all components and associated equipment and be capable and experienced in transporting antennas to active FAA facilities using specialized trucks, trailers and cranes. The contractor shall be regularly engaged in the fabrication of antenna towers with existing plant facilities equipped for year around antenna manufacturing.

B.

Background and Contracting History: There is no recent known history of exact or similar requirements, including previous contract type and dollar value.

C.

Funding: Funding in the amount of _______ received on Procurement Request No. NM-16-01296. The funding type is F&E. The funds are available for award, and are fiscal year (FY) 2016. There are no known statutory limitations noted.

D.

Delivery or Performance Period: The contract performance period is in two phases: 1) Design, fabricate and deliver two tower between the period of 05-01-2016 and 06-30-2016, and 2) Erection of towers and construction of concrete foundations. Notice to Proceed will be issued as soon as a contractor is selected.

II.

Plan of Action

On or about 4/13/2016, a requirement was received from the Communication Engineering Group, Seattle, Washington requesting the design services of an Communication Antenna Engineering/Manufacturer to design, fabricate and deliver two (2) thirty 30 foot self-supporting eight (8) arm Remote Transmitter Receiver (RTR) communication antennas for use at the Cedar City ARSR Facility, Cedar City, Utah. The unique thing about this requirement is the Project Engineer (PE) elected to separate the project into two phases as noted above. Shortly after, a Market Survey announcement was posted on the FAACO web site. Six responses were received and the project (RFP DTFAWN-16-R-00097) was set aside for small business. Three of the respondents were small businesses, two were woman owned (one of which did not qualify) and one service disable veteran owned small business. Two of the small businesses recommended including both parts of the solicitation into one procurement. The PE resisted because of the lead time of six to eight weeks after receipt of order for delivery of phase 1. The PE felt that the construction and site work could not start until the towers were delivered. It was suggested that if one contractor got the job, erection and site work would be less of an issue than if it was awarded in two phases.

The CO suggested adding the erection and site work as an alternative offer items with August 31, 2016 being the Required Completion Date for both phases of the work.

The CO also indicated that the project would be posted by June 3, 2016 and would close on June 15, 2016. The CO felt strong about the short turn-around because the SOW for the design and erection of the towers were posted and the contractors most of what was needed to prepare their proposals.

The PE was reluctant, but agreed to include the erection of the towers and site work as an alternate offer item.

Clarence Davis

Maximo Flores

Contracting Officer

Project Engineer