DTFAWN-16-R-01856.pdf

DTFAWN-16-R-01856

PART I - SECTION B

SUPPLIES/SERVICES & PRICE/COST

This statement of work, together with the specifications, drawings, and FAA standards as indicated in the contract documents, covers the requirements for all work associated with the Federal Aviation Administration (FAA), Northwest Mountain Region, requirements for the renovation of the Control Wing Basement and upgrade to the Major Mechanical systems at the Oakland Air Route Traffic Control Center (ARTCC) located at 5125 Central Avenue, Oakland, CA 93456.

Category CSI Description Responsibility Quantity Units Unit Price Cost General Conditions

011000 Field Staff Subsistence for Construction Logistics 012000 Field Office & Supplies

013000 Temp. Construction & Clean-up

014000 Rental Equipment

015000 Temporary Utilities

016000 Inspection & Testing

Total General Conditions Abatement/Existing Conditions

01-00-00-00 General Requirements 02-00-00-00 Abate/Demo/Existing Conditions

Total Abatement Structural

03-00-00-00 Concrete 04-00-00-00 Masonry 05-00-00-00 Metals

Total Structural

Architectural 06-00-00-00 Woods and Plastics 07-00-00-00 Thermal and Moisture Protection 08-00-00-00 Openings/Glazed Curtain Walls 09-00-00-00 Finishes 10-00-00-00 Specialties

Total Architectural Special Construction

11-00-00-00 Equipment 12-00-00-00 Furnishings 13-00-00-00 Special Equipment 14-00-00-00 Conveying Equipment

Total Special Construction Building Mechanical

21-00-00-00 Fire suppression 22-00-00-00 Plumbing

23-00-00-00 HVAC

Total Building Mechanical Building Electrical

26-00-00-00 Electrical 27-00-00-00 Communications 28-00-00-00 Electronic Safety & Security

Total Building Electrical Site work

31-00-00-00 Earthwork 32-00-00-00 Exterior Improvements 33-00-00-00 Utilities 41-00-00-00 Material Processing & Handling 44-00-00-00 Pollution & Waste Control Equipment

Total Site Work

Construction Subtotal

Contractor Prof. Services:

Project/Procurement Management (Safety Mgr, Project Control Spec, Contracts/Procurement) Site Management (Site Construction Mgr, Superintendent) Commissioning (Fire System, Mechanical and Electrical System) Office Logistics Subsistence (Airfare, Per Diem, Lodging, Car Rental, Mileage)

Insurance & Bonds:

Builder’s Risk Insurance P&P Bond Overhead:

Profit:

TOTAL CONSTRUCTION COST

Optional Bid – FAA will notify offeror of acceptance within one (1) year from contract award

Notice: Offeror is required to provide cost proposal breakdown for contract line item.

If the ultrasonic test results indicate the 12-inch underground condenser water mains need not be replaced, the FAA will direct the Contractor within no more than 30 days after the FAA's receipt of the test results to restore the excavated area and initiate the Deduct Alternate

The Deduct Alternate Bid and Work consists of:

a. Not replacing the existing 12-inch underground condenser water mains; and

b. Not implementing full excavation and site restoration associated with to-be-deleted 12-inch underground condenser water mains replacement.

02 Deduct Alternative for 12" CTS Piping

02-00-00.00 EXISTING CONDITIONS _________

22-00-00.00 PLUMBING _________

23-00-00.00 HVAC _________

31-00-00.00 EARTHWORK _________

32-00-00.00 EXTERIOR IMPROVEMENTS _________

Grand Total of Option Items: _________

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.

The offeror is required to provide a price for each Contract Line Item (CLIN). Failure to comply may result in the rejection of the subject offer. A single award will be made. There will be no split award.

In the event that the CLIN price for any line item is materially unbalanced, the entire offer may be rejected without discussion with the offeror.

In the event of any disparity between the CLIN price and the total offered price, the CLIN price will be deemed correct, and the total offered amount will be revised accordingly, unless available information indicates otherwise.

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.

PART I - SECTION C

SCOPE OF WORK

1.1 SCOPE OF WORK: The Federal Aviation Administration (FAA), Northwest Mountain Region, has a requirement for the renovation of the Control Wing Basement and upgrade to the Major Mechanical systems at the Los Angeles Air Route Traffic Control Center (ARTCC) located at 5125 Central Avenue, Fremont, California 94536.

The work is at a critical facility that must remain operational 24 hours a day 7 days a week. The Contractor must not interfere with or disrupt air traffic operations. The work shall not discharge static electricity, damage, or interfere with other equipment at the facility, and shall not compromise security.

1.2 SUMMARY OF WORK: The work includes the abatement of hazardous materials (asbestos and lead containing coatings) in the ARTCC Control Wing's Basement, and demolition of and/or upgrades to existing partitions, ceilings, finishes, fixtures and appurtenances in the project area. The Work also includes demolition of Mechanical (HVAC), Plumbing, and Electrical power and lighting systems, equipment, and distribution components, both in the Control Wing Basement and outside at the Cooling Tower Plant.

The Project Area is comprised of the following rooms and areas:

Control Wing: Electronic Equipment Room B120, T-COMM B120, Utility Chase 1, Utility Chase 2, Mechanical Room B120F, HOST Equipment Room B134, Conference Room B134C, Break Room B134D, and Stair No. 3.

Administration Wing: HOST Mechanical Room B119, Motor Control Centers B118, Corridor B101, AT/AF LAN B101B, Offices B101E, B101H, B101K, B101L, B101M, B101N, Boiler Room B116 and adjacent areaway, Chiller Room B115, CCMS Room B117, and MCC Room B113B.

Miscellaneous: Engine Generator Room, Cooling Tower Plant/Yard.

Hazardous materials abatement work includes mudded fittings and elbows, and provisions for spot abatement of lead based paints.

The work includes new and/or extended mechanical, controls, plumbing, fire protection, and electrical distribution systems and components in the Control Wing Basement. New mechanical equipment includes chillers, boiler, cooling towers, pumps, filtration systems, electric water cooler, sanitary sump pump, air handlers, and associated piping, ductwork and controls, as well as provisions for a temporary cooling tower plant to maintain conditions within the facility during construction. New VFD's will be provided for the cooling towers. New BACnet System mechanical controls system, by Schneider will be provided for the new equipment in this project.

Electrical power panels and a transformer will be replaced in the Control Wing Basement project area and at the Cooling Tower Yard.

Fire Sprinkler system will be extended/modified to provide full coverage within the project area, and Fire Alarm will be adjusted as required to accommodate the demolition and new work.

Access floor and wall-mounted sound absorbing panel systems in the HOST Mechanical Room will be replaced and miscellaneous louvers, doors and hardware will be replaced. Walls in Electronic Equipment Room B120 will be furred-out to align with existing wall-mounted equipment on the walls and existing furred-out partitions at T-COMM B120. Provisions for foundations for temporary cooling tower plant and stairs and access/maintenance platforms for the new permanent cooling towers are also required. Offices at the at the Telco Wing built with combustible construction will be replaced with non-combustible construction.

The elevated walkway and stairs at the cooling tower plant will be demolished and two new sets of walkways and stairs will be constructed between the two pairs of new cooling towers.

All areas of the facility will remain occupied and functional throughout the project.

This summary does not cover all aspects of the work. See other specification sections and the drawings for more detailed information.

1.3 DEDUCT ALTERNATE

A. This Project's Base Bid and Work includes replacement of the existing 12-inch underground condenser water mains and associated excavation and site restoration from the cooling tower yard to inside the main building's Chiller Room. As an initial on site activity, the Contractor is to excavate a limited area on site as shown on the drawings for ultrasonic testing of the underground water main piping by a consultant testing firm provided by the FAA. The Contractor is to provide a 30-day prior notice to the COR before beginning the excavation and testing work. If the test results indicate the 12-inch underground condenser water mains need be replaced, the Base Work to do so will proceed. The FAA may elect to have the piping replaced even if the ultrasonic testing results show the piping to be in good condition.

C. If the ultrasonic test results indicate the 12-inch underground condenser water mains need not be replaced, the FAA will direct the Contractor within no more than 30 days after the FAA's receipt of the test results to restore the excavated area and initiate the Deduct Alternate.

D. The Deduct Alternate Bid and Work consists of:

a. Not replacing the existing 12-inch underground condenser water mains; and

b. Not implementing full excavation and site restoration associated with to-be-deleted 12-inch underground condenser water mains replacement.

PART I - SECTION D

PACKAGING AND MARKING

Not applicable to this contract.

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)

3.10.4-10 Inspection of Construction (September 2009) 3.10.4-11 Inspection - Dismantling, Demolition, or Removal of Improvements (April 1996) http://conwrite.faa.gov/

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

3.10.1-11 Government Delay of Work (April 1996) 3.10.1-24 Notice of Delay (March 2009)

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

3.10.1-23 Contracting Officer's Representative-Construction 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 Five (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.

PART I - SECTION H

SPECIAL CONTRACT REQUIREMENTS

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

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 EMAIL deana.galoway@faa.gov .

(End of Clause) mailto:deana.galoway@faa.gov

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

3.1.7-1 Exclusion from Future Agency Contracts (August 1997) 3.1.7-2 Organizational Conflicts of Interest (August 1997) 3.1.7-4 Organizational Conflict of Interest - Mitigation Plan Required (April 2012) 3.1.7-5 Disclosure of Conflicts of Interest (March 2009) 3.1.8-1 Cancellation, Rescission and Recovery of Funds for Illegal or Improper Activity (October 2014) 3.1.8-2 Price or Fee Adjustment for Illegal or Improper Activity (October 2014) 3.2.2.3-8 Audit and Records (July 2010) 3.2.2.3-25 Reducing the Price of a Contract or Modification for Defective Cost or Pricing Data (October 2011) 3.2.2.3-27 Subcontractor Cost or Pricing Data (July 2004) 3.2.2.3-29 Integrity of Unit Prices (July 2004) 3.2.2.3-30 Termination of Defined Benefit Pension Plans (July 2004) 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 Work (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, Equipment, Utilities, and Improvements (July 2004) 3.2.2.3-50 Property Protection (October 2014) 3.2.2.3-51 Operations and Storage Areas (April 2012) 3.2.2.3-53 Cleaning Up and Roadway Maintenance (July 2004) 3.2.2.3-54 Preventing Accidents (July 2004) 3.2.2.3-55 Availability and Use of Utility Services (July 2004) 3.2.2.3-56 Schedules for Construction Contracts (July 2004) 3.2.2.3-57 Quantity Surveys (July 2004) 3.2.2.3-58 Layout of Work (March 2009) 3.2.2.3-60 Specifications, Drawings, and Material Offers (March 2009) 3.2.2.3-66 Contractor's Daily Log (October 2014) 3.2.2.3-68 Safety and Health (October 2014) 3.2.2.3-69 Subcontracts - Construction (July 2004) 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) 3.2.5-1 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) 3.2.5-13 Contractor Code of Business Ethics and Conduct (April 2010) 3.2.5-14 Display of Hotline Poster(s) (April 2008) 3.3.1-2 Payments under Fixed-Price Construction Contracts (April 1996) 3.3.1-9 Interest (September 2009) 3.3.1-16 Prohibition of Assignment of Claims (April 1996) 3.3.1-19 Prompt Payment for Construction Contracts (September 2009) 3.3.1-20 Providing Accelerated Payment to Small Business Subcontractors (October 2012) 3.3.1-31 Progress Payments (November 2000) 3.3.1-34 Payment by Electronic Funds Transfer- System for Award Management (August 2012) 3.3.2-1 FAA Cost Principles (January 2016) 3.4.1-4 Performance Bond Requirements (October 2010) 3.4.1-5 Payment Bond Requirements (April 1996) 3.4.1-7 Notice to Proceed (April 1996) 3.6.2-9 Equal Opportunity (August 1998) 3.6.2-1 Davis Bacon Act (October 2010) 3.6.2-20 Payrolls and Basic Records (April 2011) 3.6.2-22 Subcontracts (Labor Standards) (October 2010) 3.6.2-35 Prevention of Sexual Harassment (August 1998) 3.6.2-39 Trafficking in Persons (October 2015) 3.6.3-13 Recycle Content and Environmentally Preferable Products (April 2009) 3.6.3-14 Use Of Environmentally Preferable Products (July 2013) 3.6.3-16 Drug Free Workplace (March 2009) 3.6.3-19 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (October 2013) 3.6.3-23 Delivery of Electronic and Paper Documents (October 2014) 3.6.3-24 Asbestos NESHAP Compliance (October 2015) 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 (September 1998) 3.10.1-15 Changes-Construction, Dismantling, Demolition, or Removal 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) 3.10.1-26 Contractor Performance Assessment Reporting System (April 2013) 3.10.2-1 Subcontracts (Fixed-Price Contracts) (April 1996) 3.10.6-1 Termination for Convenience of the Government (Fixed Price) (October 1996) 3.10.6-6 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 Driving (January 2011) 3.14-3 Foreign Nationals as Contractor Employees (April 2014)

3.2.2.3-37 Notification of Ownership Changes (July 2004)

(a) The Contractor (you) must notify FAA in writing within 30 days when you become aware that a change in ownership has occurred or will occur and that the change could affect the value of your capitalized assets in the accounting records, asset valuations, or cause any other cost changes.

(b) You must:

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the Contracting Officer (CO) access to the records on request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of your ownership changes; and

(4) Retain and maintain depreciation and amortization schedules based on the asset records maintained before each ownership change.

(c) You must include the substance of this clause in all subcontracts under this contract with a value exceeding $1,000,000 and that require cost and price data.

3.2.2.3-41 Performing Work (July 2004) The Contractor (you) must perform, using your own organization, work equivalent to at least fifteen (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 Commencement, Prosecution, and Completion of Work (July 2004) The Contractor (you) must

(a) begin work under this contract within by August 1, 2017, the date you will receive the notice to proceed,

(b) perform the work diligently, and

(c) complete the entire work ready for use not later than 465. 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 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.

http://fedgov.dnb.com/webform

(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.

3.6.2-24 Affirmative Action Compliance Requirements for Construction (October 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);

http://www.sam.gov/

(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: 25.6 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.

3.6.2-41 Employment Eligibility Verification (September 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.

(ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the Contractor is suspended or debarred as a result of the MOU termination, the contractor is not eligible to participate in E-Verify during the period of its suspension or debarment. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify.

(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.

(d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee--

(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program;

(2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or http://www.dhs.gov/E-Verify

(3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors.

(e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for identification of the parties), in each subcontract that is for Noncommercial services or construction with a value greater than $3,000 and includes work that is performed inside of the United States.

3.6.3-3 Hazardous Material Identification and Material Safety Data (April 2009)

(a) Hazardous material, as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert None) __________________________________ Identification No. __________________________________

(c) The apparently successful offeror, by acceptance of the contract, certifies that the list in paragraph (b) of this clause is complete. This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause or the certification submitted under paragraph (c) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material;

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(i) Except as provided in paragraph (i)(2) the Contractor shall prepare and submit a sufficient number of Material Safety Data Sheets (MSDS's), meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous materials identified in paragraph (b) of this clause.

(1) For items shipped to consignees, the Contractor shall include a copy of the MSDS with the packing list or other suitable shipping document which accompanies each shipment. Alternatively, the Contractor is permitted to transmit MSDS's to consignees in advance of receipt of shipments by consignees, if authorized in writing by the Contracting Officer.

(2) For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer supply centers, the Contractor shall provide one copy of the MSDS's in or on each shipping container. If affixed to the outside of each container, the MSDS must be placed in a weather resistant envelope.

3.6.3-12 Asbestos - Free Construction (April 2009)

(a) In performing this contract, the Contractor shall not use asbestos or asbestos-containing building materials during construction, renovation, and/or modernization of this facility and shall provide to the Contracting Officer (CO) a signed statement five (5) days after contract completion indicating that to the best of its knowledge, no asbestos or asbestos-containing building materials were used during construction, renovation, and/or modernization of this facility. The Contractor's certification under this clause is considered to be a material requirement of the contract and the FAA may withhold payment pending submittal and receipt of an acceptable certification.

(b) The FAA CO may authorize sample testing of contractor building materials used during construction, renovation, and/or modernization of this facility to verify that they are asbestos-free. The FAA will bear the expense of this testing unless the testing reveals that the Contractor used asbestos-containing building material in performing this contract. If asbestos-containing material is found, the Contractor shall remove and replace the asbestos-containing material and decontaminate the site of asbestos contamination caused by the Contractor at no additional cost to the Government. In addition, the Contractor shall bear the expense of the original testing and retesting to determine that the asbestos removal and site decontamination are satisfactorily completed.

3.6.3-22 Construction Waste Management (April 2015)

(a) In performance of this contract, the Contractor must establish a program to minimize waste generation, as well as recycle, reuse, and salvage construction and demolition (C&D) debris generated to the maximum extent possible. The contractor must divert at least 50 percent weight of the total non-hazardous solid waste generated by the work from landfills and incinerators. Before commencing work, the Contractor must submit a Waste Management Plan to the Contracting Officer within15 days after contract award prior to the start of construction activities. This plan must address the following:

(1) General: Provide an overall strategy for managing C&D debris associated with the project.

(2) Waste Identification: Indicate anticipated types and quantities by weight of demolition, site-clearing and construction waste generated by the Project. Include estimated quantities by weight and assumptions for estimates. A site assessment may be necessary to estimate the types of materials that will be generated during construction and/or demolition. If a site visit is needed, the contractor must notify the FAA of this as soon as possible, with the FAA arranging in turn for the contractor site visit to take place as soon as possible.

(3) Waste Reduction Work Plan: List each type of waste and whether it will be salvaged, recycled, or disposed of in landfill or incinerator. Include points of waste generation, estimated total weight of each type of waste, final disposition for each waste type, and handling and transportation procedures.

(4) Salvaged Materials: For each type of material that is salvaged or recycled, describe the type of material, source, estimated quantity, and receiving entity. Include names, addresses, and telephone numbers for the receiving individuals and/or organizations.

(5) Disposed Materials: Indicate how and where materials will be disposed of. Include name, address, and telephone number of each landfill and incinerator facility.

(6) Handling and Transportation Procedures: Include method that will be used for separating recyclable waste including sizes of containers, container labeling, and designated location on Project site where materials separation will be located.

(b) This plan must be found acceptable by the FAA Contracting Officer's Representative (COR) or the COR's designated representative prior to the contractor receiving a Notice-to-Proceed. The plan's acceptability will be promptly determined by the FAA based on the knowledge of the site(s) covered under the Plan.