PAC RFP Unarmed Security.pdf

REQUEST FOR PROPOSALS (RFP)

Peninsula Airport Commission

Newport News/Williamsburg International Airport (PHF) RFP No. 2026-01

Unarmed Security Services Issue Date: October 15, 2026 Questions Due: October 29, 2026 Proposal Due: November 18, 2026 (Late submissions will not be accepted.)

Submit Through: Virginia eVA Procurement Portal or in accordance with Section 9 Procurement Contact Jenna Coyle Executive Assistant / Procurement Peninsula Airport Commission 900 Bland Boulevard Newport News, VA 23602 Email: jcoyle@newportnewsairport.com Phone: 757-877-0221 Brief Description The Peninsula Airport Commission is seeking qualified firms to provide unarmed security services at Newport News/Williamsburg International Airport in accordance with the Scope of Services and all terms and conditions contained in this Request for Proposals.

The Peninsula Airport Commission reserves the right to reject any or all proposals and to waive informalities in accordance with the Virginia Public Procurement Act.

mailto:jcoyle@newportnewsairport.com

REQUEST FOR PROPOSALS

Unarmed Security Services The Peninsula Airport Commission is seeking proposals from firms capable of providing overnight unarmed security services at a certified commercial airport. The purpose of this solicitation is to identify qualified firms able to furnish DCJS-trained security personnel to maintain an overnight security presence during periods of reduced airport staffing. Services will support airport operations, public safety, and security through camera monitoring, routine patrols, incident observation, documentation, reporting, and timely notification of appropriate airport or emergency personnel. Security personnel shall serve in an observe-and-report capacity only and shall not exercise law enforcement authority. All notifications and requests for response shall be made in accordance with established airport procedures.

Scope:

The contractor shall:

• Provide two (2) unarmed security officers per shift for coverage generally during the hours of 2000 to 0430.

• With at least 24 hours prior notice, at the request of the airport, provide additional staffing as needed.

• Monitor cameras and surveillance systems and promptly report suspicious, unsafe, or unauthorized activity.

• Conduct routine and irregular patrols of airport property and the terminal area complex using vehicle patrols, foot patrols and all available cameras to deter trespassing, theft, vandalism, and other security concerns.

• All assigned personnel must successfully pass required airport background checks before being placed on duty.

• Maintain an observe-and-report posture and document incidents, unusual activity, and patrol findings in a timely and professional manner.

• Provide consistent communication, maintain shift accountability, and ensure all incidents are escalated in accordance with site and airport procedures.

• Maintain sufficient number of prequalified backup personnel

• Ensure backup personnel have completed required background checks

• Ensure those personnel have completed airport provided orientation/training

• Be able to fill call-outs with pre-qualified personnel within a 2 hour timeframe for same shift emergencies and within 24 hours for planned staffing shortages.

• Immediately notify designated personnel of incidents involving suspicious activity, unsecured doors or gates, alarm activations, trespassing, safety hazards, medical emergencies, or any situation requiring airport response.

• Maintain continuous communication capability through radio or cellular communication devices, or other communication methods established by the airport.

• Provide properly marked, lighted and insured patrol vehicles suitable for airport operations unless otherwise approved by the airport.

EMERGENCY OPERATIONS

During emergencies, special events, weather incidents, or airport operational disruptions, contract personnel may be required to assist with traffic control, perimeter security, evacuation support, scene preservation, or other non-law enforcement support functions as directed by airport personnel.

CONTRACTOR QUALIFICATIONS

• Interested firms shall provide the following information:

• Company Background and experience

• Experience providing airport security services

• Staffing and supervision capabilities

• Employee training compliance programs

• Relevant licenses and certifications

• References for similar contracts

• Ability to respond to changing operational needs.

• Description of reporting systems and quality assurance processes

• Description of staffing retention and continuity practices

TRAINING REQUIREMENTS

Contract personnel shall receive training appropriate for airport operations, including but not limited to:

• Airport security awareness

• Incident reporting procedures

• Emergency notification and escalation procedures

• Security Identification Display Area (SIDA) Training

• Non-Movement Area Driver Training

OPTIONAL SERVICES

• Enhanced reporting systems

• Emergency management support

• Drone detection or related security technologies

• Other value added security services

• Movement Area Driver Training

EVALUATION CRITERIA

Proposals will be evaluated based on the following factors. A numerical scoring system will be used, with the point values assigned to each factor as shown below (with a possible total of 100 points):

• Relevant experience providing unarmed security services, preferably in airport or other critical infrastructure environments ([20] points)

• Demonstrated ability to recruit, staff, supervise, and retain qualified personnel ([15] points)

• Training programs, compliance procedures, and applicable certifications ([10] points)

• Past performance on similar contracts ([15] points)

• Ability to respond to operational changes, special events, or emergency requirements ([10] points)

• Quality, completeness, and professionalism of the response ([5] points)

• Price (Exhibit C – Pricing Form) ([10] points)

• Staffing continuity and response capabilities ([15] points)

SELECTION AND AWARD

The Commission will select two or more Offerors deemed to be fully qualified and best suited among those submitting proposals, on the basis of the factors stated above, including price, and will conduct negotiations with each Offeror so selected. Price will be considered, but need not be the sole or primary determining factor. After negotiations have been conducted with each Offeror so selected, the Commission will select the Offeror which, in its opinion, has made the best proposal and provides the best value, and will award the contract to that Offeror. Should the Commission determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that Offeror.

NOTICE OF AWARD; PROTESTS

The Commission will give public notice of the award, or of the announcement of its decision to award, by posting such notice on eVA. Any Offeror who desires to protest the award or decision to award must submit the protest in writing to the Procurement Contact identified on the cover page no later than ten (10) days after the award or the announcement of the decision to award, whichever occurs first. The written protest must include the basis for the protest and the relief sought. Protests will be handled in accordance with Virginia Code § 2.2-4360.

COMPLIANCE AND INSURANCE REQUIREMENTS

The selected contractor shall comply with all applicable federal, state, and local laws, regulations, and airport requirements related to security services. Contractor personnel shall possess all required licenses, certifications, and training credentials necessary to perform the work. The selected firm shall also maintain appropriate insurance coverage, including general liability, workers’ compensation, automobile liability if vehicle patrol is required, and any other coverage required by the airport.

The contractor shall provide certificates of insurance, naming the Peninsula Airport Commission as an additional insured upon request.

CONTRACT TERM

The contract term shall be up to one year. The Commission may terminate the contract for convenience in accordance with Special Term 3 (Cancellation of Contract). Repeated staffing failures, performance deficiencies, or failure to comply with airport procedures may constitute grounds for termination.

RESPONSES

Offerors should respond to Rob Gay by email at rgay@newportnewsairport.com. The Point of Contact is Rob Gay. Please limit response to no more than 2 pages. The question period will be open until October 29, 2026 at 2pm.

Offerors shall include pricing in the following format, using Exhibit C – Pricing Form:

Hourly rate per officer Hourly supervisory rate Holiday rate Overtime rate Additional officer rate Vehicle cost Annual estimated total cost The Peninsula Airport Commission reserves the right to refine the scope of services and negotiate final service requirements with the Offerors selected for negotiation in accordance with the Selection and Award provisions above.

Special Terms and Conditions

1. AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commission, whichever is sooner. The Commission and its authorized agents shall have full access to and the right to examine any of said materials during said period.

2. AWARD: Award will be made in accordance with the Selection and Award provisions of this RFP. The Commission reserves the right to reject any and all proposals in whole or in part and to waive any informality.

3. CANCELLATION OF CONTRACT: The Commission reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the contractor. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation. Upon any termination of this contract, whether for convenience or for cause, the Commission shall pay the contractor for services satisfactorily performed through the effective date of termination, less any amounts withheld or owed to the Commission under this contract, and the contractor shall not be entitled to anticipated profit on unperformed services.

4. eVA ORDERS AND CONTRACTS: The solicitation/contract will result in 1 purchase order(s) with the applicable eVA transaction fee assessed for each order.

Vendors desiring to provide goods and/or services to the Commission shall participate in the eVA eProcurement Program and agree to comply with the following: If this solicitation is for a term contract, failure to provide an electronic catalog (price list) or Punch-Out Catalog for items awarded will be just cause for the Commission to reject your bid/offer or terminate this contract for default. The format of this electronic catalog shall conform to the eVA Catalog and/or Punch- Out Catalog Specification. For further information and details please email eVA-catalog-manager@dgs.virginia.gov.

5. RENEWAL OF CONTRACT: This contract may be renewed by the Commission upon written agreement of both parties for one year)/(1 successive one year period), under the terms of the current contract, and at a reasonable time (approximately 90 days) prior to the expiration.

6. PROPOSAL ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for 60 days. At the end of the days the bid may be withdrawn at the written request of the bidder.

If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

7. CONTRACTOR/SUBCONTRACTOR LICENSE REQUIREMENT: By my signature on this solicitation, I certify that this firm/individual and subcontractor is properly licensed for providing the goods/services specified. Furthermore, the contractor and subcontractors shall maintain the required license throughout the term of the contract. The contractor or their subcontractor shall immediately notify the Commission in writing in the event the license has been revoked.

Contractor Name: ________________ License # ___________________ Type

Subcontractor Name: ______________________ License # ___________________ Type

8. DELIVERY: Delivery of goods or performance of services shall be within the number of calendar days stated below after receipt of order (ARO) by the bidder/offeror. The Agency requires the (bidder/offeror) to deliver within a reasonable time after ARO. If the bidder/offeror mailto:eVA-catalog-manager@dgs.virginia.gov mailto:eVA-catalog-manager@dgs.virginia.gov mailto:eVA-catalog-manager@dgs.virginia.gov does not insert a stated delivery time in the blank below, the (bidder/offeror) will be deemed to offer delivery in accordance with the Agency’s desired delivery time as stated below:

Agency’s desired delivered time: 30 calendar days ARO

BIDDER’S/OFFEROR’S STATED DELIVERY TIME: ____ CALENDAR DAYS

ARO

9. IDENTIFICATION OF BID/PROPOSAL ENVELOPE: If the proposal is not submitted through the Virginia eVA Procurement Portal, and if a special envelope is not furnished, or if return in the special envelope is not possible, the signed bid/proposal should be returned in a separate envelope or package, sealed and identified as follows:

From:

Name of Bidder/Offeror Due Date Time Street or Box Number IFB No./RFP No.

City, State, Zip Code IFB/RFP Title DSBSD-certified Micro Business or Small Business No. _______________ Name of Contract/Purchase Officer or Buyer ________________________

10. INSPECTION OF JOB SITE: My signature on this solicitation constitutes certification that I have inspected the job site and am aware of the conditions under which the work must be accomplished. Claims, as a result of failure to inspect the job site, will not be considered by the Commission.

11. LIABILITY, INDEMNIFICATION, AND SECURITY: To the maximum extent permitted by applicable law, the contractor will not be liable under this contract for an indirect, incidental, special or consequential damages, or damages from loss of profits, revenue, data or use of the supplies, equipment and/or services delivered under this contract.

This limitation of liability will not apply, however, to liability arising from: (a) personal injury or death; (b) defect or deficiency caused by willful misconduct or negligence on the part of the contractor; or (c) circumstances where the contract expressly provides a right to damages, indemnification or reimbursement.

To the fullest extent permitted by law, Offeror will defend, indemnify and hold the Commission, its officers, and its employees (collectively “Indemnitees”) harmless from and against any and all claims, actions, damages, expenses (including reasonable attorneys’ fees), losses or liabilities incurred by or asserted against the Commission or any of its Indemnitees arising from the performance of Offeror’s obligations under the Contract and any and all fees, costs or penalties incurred by the Commission or any of its Indemnitees, to the extent that such claims, actions, damages, expenses, losses, liabilities, fees, costs or penalties are caused by or arise out of Offeror’s performance; provided that Offeror shall not be required to indemnify the Commission or any of its Indemnitees for any loss or claim to the extent such loss or claim is due to the negligence or willful misconduct of the Commission or any of its Indemnitees.

Offeror acknowledges that the Commission is subject to strict federal security regulations limiting access to secure areas of the airport. Offeror may need access to these secure areas to complete the work required by this Agreement. Offeror therefore agrees, in addition to the other indemnification and assumption of liability provisions set out above, to indemnify and hold harmless the Commission and its commissioners, officers and employees, from any duty to pay any fine or assessment or to satisfy any punitive measure imposed on the Commission by the FAA or any other governmental agency for breaches of security rules and regulations by Offeror, its agents, employees, subcontractors, or invitees.

Offeror further acknowledges that its employees and agents may be required to undergo background checks and take Airport Security and Access Procedures (“S.I.D.A”) training before receiving an Airport Security Identification Badge.

Immediately upon the completion of any work requiring airport security access under this Agreement, or upon the resignation or dismissal or conclusion of any work justifying airport security access under this Agreement, or upon the resignation or dismissal or conclusion of any work justifying airport security access to any agent, employee, subcontractor, or invitee of the Offeror, Offeror will notify the Airport's Police Department that the Offeror's access authorization or that of any of Offeror's agents, employees, subcontractor or invitees has changed. Offeror will confirm that notice, by written confirmation on company letterhead, within twenty-four (24) hours of providing initial notice to the Airport's Police Department.

Upon termination of this Agreement, or the resignation or dismissal of any employee or agent, or conclusion of any work justifying airport security access to any agent, employee, subcontractor, or invitee of the Offeror, Offeror will surrender any Airport Security Identification Badge held by the Offeror or by Offeror's agents, employees, subcontractors, or invitees. If Offeror fails to surrender these items within five (5) days, the Offeror may be assessed a fee of per identification badge not returned. This fee will be billed to the Offeror or deducted from outstanding invoices.

12. PRIME CONTRACTOR RESPONSIBILITIES: The contractor shall be responsible for completely supervising and directing the work under this contract and all subcontractors that he may utilize, using his best skill and attention. Subcontractors who perform work under this contract shall be responsible to the prime contractor. The contractor agrees that he is as fully responsible for the acts and omissions of his subcontractors and of persons employed by them as he is for the acts and omissions of his own employees.

The Offeror will not assign the Contract between the Commission and the Offeror, in whole or in part, without the written consent of the Commission.

13. REFERENCES: Bidders shall provide a list of at least 3 references where similar goods and/or services have been provided. Each reference shall include the name of the organization, the complete mailing address, the name of the contact person and telephone number.

ORANIZATION ADDRESS CONTACT PERSON TELELPHONE

1._____________ ______________ _______________________________

2.____________ ____________ _______________________________

3.____________ _____________ _______________________________

14. SECURITY LICENSE: In accordance with Code of Virginia § 9.1-139 the bidder/offeror or their subcontractor shall be licensed by the Department of Criminal Justice Services for solicitations which include the following work: installation, service, maintenance, or design of security equipment; security officer service; and/or private investigator service. Licenses must be obtained prior to submitting a bid/offer. Furthermore, the contractor or their subcontractor shall maintain the required license throughout the course of the contract term. The contractor or their subcontractor shall immediately notify the contracting agency in writing in the event the license has been revoked.

The bidder/offeror shall place their license number or their subcontractor’s license number in the space provided below:

Bidder/Offeror Private Security Services Business License

Number:______________________________ Subcontractor Private Security Services Business License

Number:

For assistance, bidders/offerors may contact the Department of Criminal Justice Services at 804-786-4700.

15. CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION: The contractor assures that information and data obtained as to personal facts and circumstances related to patients or clients will be collected and held confidential, during and following the term of this agreement, and unless disclosure is required pursuant to court order, subpoena or other regulatory authority, will not be divulged without the individual’s and the agency’s written consent and only in accordance with federal law or the Code of Virginia. Contractors who utilize, access, or store personally identifiable information as part of the performance of a contract are required to safeguard this information and immediately notify the agency of any breach or suspected breach in the security of such information. Contractors shall allow the agency to both participate in the investigation of incidents and exercise control over decisions regarding external reporting. Contractors and their employees working on this project may be required to sign a confidentiality statement.

16. CONTINUITY OF SERVICES:

a.) The Contractor recognizes that the services under this contract are vital to the Commission and must be continued without interruption and that, upon contract expiration, a

Wills, Benjamin A.

Make sure numbering is accurate throughout successor, either the Commission or another contractor, may continue them. The Contractor agrees:

(i) To exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor;

(ii) To make all Commission-owned facilities, equipment, and data available to any successor at an appropriate time prior to the expiration of the contract to facilitate transition to successor; and

(iii) That the Commission’s Contracting Officer shall have final authority to resolve disputes related to the transition of the contract from the Contractor to its successor.

b) The Contractor shall, upon written notice from the Contract Officer, furnish phase-in/phase-out services for up to ninety (90) days after this contract expires and shall negotiate in good faith a plan with the successor to execute the phase-in/phase-out services. This plan shall be subject to the Contract Officer’s approval.

c) The Contractor shall be reimbursed for all reasonable, pre-approved phase-in/phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract. All phase-in/phase-out work fees must be approved by the Contract Officer in writing prior to commencement of said work.

17. E-VERIFY PROGRAM: As a condition of this contract, and consistent with Code of Virginia, § 2.2-4308.2, any employer with more than an average of 50 employees for the previous 12 months entering into a contract in excess of $50,000 with the Commission to perform work or provide services pursuant to such contract shall register and participate in the E-Verify program to verify information and work authorization of its newly hired employees performing work pursuant to such public contract. Any such employer who fails to comply with these provisions shall be in material breach of this contract. If requested, the employer shall present a copy of their Maintain Company page from E-Verify to prove that they are enrolled in E-Verify.

18. CERTIFICATION OF INTERNAL CONTROLS: The contractor shall have clearly delineated processes and procedures for the internal control of sensitive data and processes, which are any data and processes of which the compromising of confidentiality, integrity, and/or availability could have a material adverse effect on the Commission’s interests, the conduct of Commission programs, or to the privacy of which individuals are entitled, when such sensitive data or processes are related to the goods and/or services provided pursuant to this agreement.

The contractor shall provide evidence of compliant and ongoing internal control of sensitive data and processes through a standard methodology, such as but without limitation the American Institute of Certified Public Accountant (AICPA) Service Organization Control (SOC) Reports. The evidence of compliance shall be contained in a report describing the effectiveness of the contractor’s internal controls. The most recent version of the report shall be provided to the purchasing office upon request. Trade secrets or proprietary information contained within the report shall not be subject to public disclosure under the Virginia Freedom of Information Act;

however, the contractor must invoke the protection of Code of Virginia, § 2.2-4342F, in writing, prior to or upon submission of the report, and must identify the data or other materials to be protected and state the reasons why protection is necessary.

If deficiencies in the contractor’s internal control processes and procedures are described in the most recent version of the report, the contractor shall automatically submit the report to the purchasing office within a timely manner and shall describe the corrective actions to be put into place by the contractor to remedy the deficiencies. Failure to report and/or repair deficiencies in a timely manner shall be cause for the Commission to make a determination of breach of contract.

The contractor’s obligations for certification of internal controls shall survive and continue after completion of this agreement unless the contractor certifies the destruction of the sensitive data at the end of the contract term.

19. FEDERALLY IMPOSED TARIFFS: In the event that the President of the United States, the United States Congress, Customs and Border Protection, or any other federal entity authorized by law, imposes an import duty or tariff (a “tariff”), on an imported good that results in an increase in contractor’s costs to a level that renders performance under the Agreement impracticable, the Commission may agree to an increase to the purchase price for the affected good. No increase in purchase price may exceed 25% of the additional tariff imposed on the goods imported or purchased by the contractor that are provided to the Commission under this Agreement.

Prior to the Commission agreeing to a price increase pursuant to this Section, the contractor must provide to the Commission, the following documentation, all of which must be satisfactory to the Commission:

- evidence demonstrating: (i) the unit price paid by contractor as of the date of award for the good or raw material used to furnish the goods to the Commission under this Agreement, (ii) the applicability of the tariff to the specific good or raw material, and

(iii) contractor’s payment of the increased import duty or tariff (either directly or through an increase to the cost paid for the good or raw material). The evidence submitted shall be sufficient in detail and content to allow the Commission to verify that the tariff is the cause of the price change.

- a certification signed by contractor that it has made all reasonable efforts to obtain the good or the raw materials comprising the good procured by the Commission at a lower cost from a different source located outside of the country against which the tariff has been imposed.

- a certification signed by contractor that the documentation, statements, and any other evidence it submits in support of its request for a price increase under this

Section are true and correct, and that the contractor would otherwise be unable to perform under this Agreement without such price increase.

- as requested by the Commission, written instructions authorizing the Commission to request additional documentation from individuals or entities that provide the good or the raw materials to verify the information submitted by contractor.

If the Commission agrees to a price increase pursuant to this Section, the parties further agree to add the following terms to this Agreement:

- During the Term and for five (5) years after the termination of this Agreement, contractor shall retain, and the Commission and its authorized representatives shall have the right to audit, examine, and make copies of, all of contractors books, accounts, and other records related to this Agreement and contractor’s costs for providing goods to the Commission, including, but not limited to those kept by the contractor’s agents, assigns, successors, and subcontractors.

- Notwithstanding anything to the contrary in this Agreement, the Commission shall have the right to terminate this Agreement for the Commission’s convenience upon 15 days’ written notice to contractor.

In the event the import duty or tariff is repealed or reduced prior to termination of this Agreement, the increase in the Commission’s contract price shall be reduced by the same amount and adjusted accordingly.

- Any material misrepresentation of fact by contractor relating in any way to the Commission’s payment of additional sums due to tariffs shall be fraud against the taxpayer’s of the Commonwealth and subject contractor to treble damages pursuant to the Virginia Fraud Against Taxpayers Act.

20. NONDISCRIMINATION: During the performance of this contract, the contractor agrees as follows: (a) the contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor.

The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause, (b) the contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer, and (c) notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. The contractor will include the provisions of the foregoing paragraphs (a), (b) and (c) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

21. IMMIGRATION REFORM AND CONTROL ACT OF 1986: The contractor does not, and shall not during the performance of this contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

22. AUTHORIZATION TO TRANSACT BUSINESS IN VIRGINIA: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law, and shall not allow its existence to lapse or its certificate of authority or registration to be revoked or cancelled at any time during the term of the contract. An Offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 shall include in its proposal the identification number issued to it by the State Corporation Commission. Any Offeror that is not required to be so authorized shall include in its proposal a statement describing why the Offeror is not required to be so authorized. The Commission may void the contract if the contractor fails to remain in compliance with this provision.

Further, (i) individual contractors must provide their social security numbers and (ii) proprietorships, partnerships, and corporations must provide their federal employer identification numbers.

23. DRUG-FREE WORKPLACE: During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition;

(iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with this contract, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

24. PAYMENT OF SUBCONTRACTORS: Within seven (7) days after receipt of amounts paid to the contractor by the Commission for work performed by a subcontractor under this contract, the contractor shall either (i) pay the subcontractor for the proportionate share of the total payment received from the Commission attributable to the work performed by the subcontractor under this contract, or (ii) notify the Commission and the subcontractor, in writing, of its intention to withhold all or a part of the subcontractor’s payment, with the reason for nonpayment. The contractor shall pay interest to the subcontractor on all amounts owed by the contractor that remain unpaid after seven (7) days following receipt by the contractor of payment from the Commission for work performed by the subcontractor under this contract, except for amounts withheld as allowed above. Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent per month. The contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor. The contractor’s obligation to pay an interest charge to a subcontractor shall not be construed to be an obligation of the Commission. A contract modification shall not be made for the purpose of providing reimbursement for the interest charge, and a cost reimbursement claim shall not include any amount for reimbursement for the interest charge.

25. CONTRACTUAL CLAIMS: Contractual claims, whether for money or other relief, shall be submitted in writing to the Procurement Contact no later than sixty (60) days after final payment; however, written notice of the contractor’s intention to file a claim shall be given at the time of the occurrence or beginning of the work upon which the claim is based. Pendency of claims shall not delay payment of amounts agreed due in the final payment. The Commission’s [Executive Director] or designee will issue a final written decision on the claim within ninety (90) days after its submission. The contractor may not institute legal action prior to receipt of the Commission’s final written decision on the claim unless the Commission fails to render a decision within that time, in which case the failure shall be deemed a final decision denying the claim. The Commission’s decision shall be final and conclusive unless the contractor appeals within six (6) months of the date of the final decision by instituting legal action as provided in Virginia Code § 2.2-4364. This procedure is established pursuant to Virginia Code § 2.2-4363.

General Terms and Conditions FAA Required Terms

ACCESS TO RECORDS AND REPORTS

The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Commission, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.

BREACH OF CONTRACT TERMS

Any violation or breach of terms of this contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.

Commission will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the contract.

Commission reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Commission elects to terminate the contract. The Commission’s notice will identify a specific date by which the Contractor must correct the breach. Commission may proceed with termination of the contract if the Contractor fails to correct the breach by the deadline indicated in the Commission’s notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.

GENERAL CIVIL RIGHTS PROVISIONS

In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin, creed, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.

This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.

The Commission, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex , age, or disability in consideration for an award.

Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252)

(prohibits discrimination on the basis of race, color, national origin);

• 49 CFR Part 21 (Non-discrimination in Federally-Assisted programs of the

• Department of Transportation—Effectuation of Title VI of the Civil Rights Act of

1964)

• including amendments thereto;

• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of

• 1970, (42 U.S.C. § 4601) (prohibits unfair treatment of persons displaced or whose

• property has been acquired because of Federal or Federal-aid programs and projects);

• Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance);

• The Age Discrimination Act of 1975, as amended (42 .U.S.C. § 6101 et seq.)

(prohibits discrimination on the basis of age);

• Airport and Airway Improvement Act of 1982 (49 U.S.C. § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex);

• The Civil Rights Restoration Act of 1987 (P.L. 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

• Titles II and III of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR Parts 37 and 38;

• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.

§ 1681, et seq).

Compliance with Nondiscrimination Requirements:

During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:

1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin), creed, sex, age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21 including amendments thereto.

3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non-discrimination provisions of this contract, the Sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:

a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or

b. Cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Sponsor to enter into any litigation to protect the interests of the Sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

CLEAN AIR AND WATER POLLUTION CONTROL

Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). The Contractor agrees to report any violation to the Commission immediately upon discovery. The Commission assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.

CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS

1. Overtime Requirements.

No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; Liability for Unpaid Wages; Liquidated Damages.

In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $33 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.

3. Withholding for Unpaid Wages and Liquidated Damages.

The Federal Aviation Administration (FAA) or the Commission shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause.

4. Subcontractors.

The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause.

COPELAND “ANTI-KICKBACK” ACT

To the extent applicable, Contractor must comply with the requirements of the Copeland “Anti- Kickback” Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Commission, a weekly statement on the wages paid to each employee performing on covered work during the prior week. Commission must report any violations of the Act to the Federal Aviation Administration.

DAVIS-BACON REQUIREMENTS

To the extent applicable, Contractor shall comply with the following:

1. Minimum Wages.

(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under regulations implementing the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.

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