CITY OF WICHITA FALLS

REQUEST FOR PROPOSALS

RFQ # 01-26

Regional Airport

Project Consultant Services

SUBMITTAL DEADLINE: OCTOBER 16, 2026 – 4:00 PM CST

CITY OF WICHITA FALLS

OFFICE OF THE PURCHASING MANAGER

1300 7th St., Room 2B18

WICHITA FALLS, TX 76301

(940) 761-7466

REQUEST FOR STATEMENTS OF QUALIFICATIONS AND EXPERIENCE FOR PROVIDING

PROFESSIONAL AIRPORT CONSULTANT SERVICES TO THE CITY OF WICHITA FALLS,

TEXAS

The City of Wichita Falls, is accepting Statements of Qualifications and Experience from interested aviation consultant firms for various projects for the next five (5) years at the Wichita Falls Regional Airport (SPS) and Kickapoo Downtown Airport (CWC). Each project could have separate sources of funding, such as grants from the Federal Aviation Administration (FAA), Texas Department of Transportation – Aviation Division, and local funds. The tasks to be undertaken by the planning consultant shall be on a task order basis, with the fee for each project or task to be determined by a work order identifying specific scope of work and costs at the time of the request by the Airport.

Project planning will be required for a variety of projects. Special services may also be included, as identified in FAA Advisory Circular 150/5100-14E. Projects will be initiated as funding becomes available or imminent and may include the following:

• Pavement Improvement of Aprons & Taxiway

• Renovation of Fuel Farm

• Hangar Construction

• Renovation of FBO Facilities

GENERAL INFORMATION

SUBMISSION

Interested persons, entities or teams, submitting proposals, must submit one (1) original and three (3) bound copies of their Statements of Qualifications. Submissions must be in a sealed envelope marked “RFQ 01-26 Regional Airport Project Consultant Services” and shall be received no later received on or before 4:00 P.M. C.S.T. on Friday, October 16, 2026, at the address below. Faxed and Electronic submissions WILL BE REJECTED.

Office of the Purchasing Manager

City of Wichita Falls 1300 7th St, Room 2B18

Wichita Falls, Texas 76301

Please note that submissions must be received at the designated location by the deadline shown.

Submissions received in the Purchasing Manager’s office after the stated deadline will be returned unopened and will be considered void and unacceptable.

The City of Wichita Falls is not responsible for lateness of mail, carrier, or any method of delivery.

Delivery by fax is not acceptable. The time/date stamp in the Purchasing Manager’s Office shall be the official time of receipt.

Responses must include the proposing party’s company name and contact information including the mailing address, email address and phone number.

Unless expressly allowed by a written authorization from the City, no submission may be changed, amended, or modified in any manner after it is delivered to the City; however, a submission may be withdrawn and resubmitted any time prior to the deadline set for receipt thereof.

REQUESTS FOR CLARIFICATION or inquiries for additional information shall be directed to Jennifer

Babineaux, the City of Wichita Falls’ Purchasing Manager. Questions shall be submitted in writing via email: jennifer.babineaux@wichitafallstx.gov or fax: (940) 761-7688. All inquiries must be submitted to the Purchasing Manager no later than 2:00 P.M., Wednesday, October 7, 2026.

Answers will be issued in the form of an addendum and posted on the City’s website. Please ensure you are registered to receive notification of postings:

http://www.wichitafallstx.gov/list.aspx?Mode=Subscribe#bids

It is the proposing agency’s responsibility to check the website for any new information regarding this project.

EVALUATION CRITERIA

The Selection Criteria to be applied to the Submissions are as follows:

Evaluation Factors and Weighting of Those Factors

The Submissions received from the Respondents will be reviewed, evaluated, and ranked by the City based upon the application of the following evaluation criteria and weighing factors.

1. Experience & Qualifications 40%

2. Past Performance / References 30%

3. Project Approach / Technical Proposal 20%

4. Project Schedule & Capacity 10%

Additional evaluation sub-elements to the weighted criteria are:

1) Professional Qualifications and Experience of the Firm

2) Professional Qualifications and Experience of the Key Project Personnel, including their knowledge of FAA regulations, policies and procedures; reputation, competence and professional integrity

3) Recent Relevant Experience, including experience with military or joint-use facilities, Part 139 facilities, and general aviation facilities

4) Ability to meet schedules and deadlines, including current workload of key personnel

5) Quality of projects previously undertaken and capability to complete projects without having major cost escalations or overruns

6) Familiarity with Wichita Falls’ airports and demonstrated understanding of their special concerns and key project issues

7) Qualifications and experience of sub-consultants regularly engaged by the consultant under consideration.

mailto:jennifer.babineaux@wichitafallstx.gov http://www.wichitafallstx.gov/list.aspx?Mode=Subscribe#bids

8) Ability to furnish qualified inspectors for construction inspection if applicable

9) References from airport sponsors with relevant projects completed within the last three (3) years

10) Qualification and experience of anticipated sub-consultants and their demonstrated capability to perform assigned disciplines

11) Ability to comply with the City’s DBE Goal

12) Capability to conduct a Value Engineering (VE) study for projects that are particularly complex or have unique features.

Consultant selection will be conducted in accordance with FAA Advisory Circular AC 150/5100-14E (§ 2.7.1) and Texas Government Code, Chapter 2254, Professional and Consulting Services. A panel compromised of representatives from City staff will review each submittal. The City reserves the right to determine if formal interviews of short-listed firms will be required. After any necessary interviews, the panel will recommend a consultant for approval to the Wichita Falls City Council.

Statement of Qualifications and Experience shall be brief and concise, but sufficient information as may be necessary to satisfy the evaluation criteria outlined above. Interested firms are requested to limit their statements to relevant qualifications and experience applicable to the requirements of the projects listed in this request.

The City of Wichita Falls, Texas accepts no responsibility for any expense related to the preparation or delivery of submittals or travel. The City reserves the right to reject any or all submittals to waive technical errors and informalities, and to accept the submittal which, in its judgment, best serves the public interest. Following selection, negotiations will be conducted in accordance with FAA Advisory Circular AC150/5100-14E and Texas Government Code, Chapter 2254, Professional and Consulting Services.

EVALUATION OF SUBMISSIONS

Only the information included in the Responses to the Request for Qualifications will be used to rank and select the Finalists who will be offered the opportunity to interview. It is highly recommended that Responses provide information on work performed on projects of similar size and scope.

The City may select up to three qualified Respondents to interview.

The Interview discussion may include “value engineering” options during design to bring the finished project in line with budget estimates.

The City shall select the Finalist based upon the determination of the Submissions offering the best value for the City on the basis of the evaluation criteria and weighting factors set out in this RFQ and Interview Process.

The City shall first attempt to negotiate a contract with the selected Finalist. If the City is unable to negotiate a satisfactory contract with the selected Finalist, the City shall formally, and in writing, end negotiations with the selected Finalist. The City shall then proceed to negotiate with the next Finalist in the order of the Interview evaluation ranking until a contract is reached or negotiations with all ranked Finalists end.

City does not assume, and hereby specifically disclaims, any responsibility or obligation of any nature, to any of the persons or entities responding to this RFQ and will make no payment or reimbursement of any cost, fee, or other expenditure whatsoever associated with the preparation of a submission.

The contracts awarded will be governed by the laws of the State of Texas, and is (are) deemed payable and performable in Wichita County, Texas. The venue for all disputes shall lie in Wichita County, Texas.

SPECIAL CONDITIONS

TERMINATION FOR DEFAULT

The City of Wichita Falls reserves the right to terminate the contract immediately in the event the successful vendor fails to meet delivery or completion schedules, or otherwise perform in accordance with the contract.

HOLD HARMLESS

Vendor shall protect, indemnify and hold the City harmless from and against any damage, cost or liability for any injuries to persons or property arising from acts or omissions of vendor, his employees, managers or sub-contractors, howsoever caused.

INSURANCE REQUIREMENTS

The successful bidder shall furnish certificates of insurance issued by an insurance company authorized to do business in the State of Texas. The certificate shall provide that the coverage not be reduced or cancelled without thirty (30) days advance written notice to the City, and shall provide the following coverage:

PROFESSIONAL LIABILITY INSURANCE:

The selected Consultant shall obtain and maintain Professional Liability Insurance, also known as Errors and Omissions Insurance, with minimum limits of $1,000,000 per claim and $2,000,000 annual aggregate.

Coverage shall apply to claims arising from negligent acts, errors or omissions in the performance of professional services under the contract.

The Consultant shall maintain coverage throughout the contract term and for a minimum of two years following completion of professional services.

If coverage is provided on a claims-made basis, the retroactive date shall precede the commencement of professional services under the contract. The Consultant shall maintain continuous coverage or purchase an extended reporting period sufficient to satisfy the required coverage period.

The awarded Consultant shall provide a certificate of insurance evidencing the required coverage before commencing work.

The City reserves the right to require higher professional liability limits for individual projects based on their scope, complexity and associated risks.

Certification of No Boycott

Effective Date: 9/1/2021

No Boycott Israel

If Contractor/Vendor is a “Company”, as that term is defined in Section 808.001 of the Texas Government Code and is not a sole proprietorship, then Contractor/Vendor certifies and verifies that it: (i) does not boycott Israel and (ii) will not boycott Israel during the term of the Purchase Order or Contract this Certification is attached to and incorporated into; or (iii) that it meets the requirements of an exception listed below.

Form requirements:

• This certification is required by Texas Government Code § 2271.002.

• This form is required to be attached to and is incorporated into all Purchase Orders (goods) and Contracts (services) with a value of $100,000 or more that is paid in whole or in part with state funds with a company with 10 or more full time employees. The campus department making the purchase of goods or contracting for services is responsible for obtaining the form from the Vendor or Contractor.

Texas Government Code §808.001 states that "Boycott Israel" means “refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes”. Furthermore, Texas Government Code §808.001 states that the term “Company” means a “for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit”, provided however that Texas Government Code §2271.001(2) excludes sole proprietorships from this definition of “Company”.

Vendor/Contractor Name or Company Name

Street Address

City

State

Zip Code

Phone Number

Printed Name of Authorized Representative

Title of Authorized Representative

Signature of Authorized Representative

Date

ONLY COMPLETE THIS SECTION IF YOU BELIEVE YOU ARE NOT REQUIRED TO PROVIDE THE

CERTIFICATION - No Boycott Israel - FOR THE REASONS CITED BELOW

My business is not required to provide the certification listed above because (select one):

My business is not a for-profit “Company” as defined above, pursuant to Texas Government Code §808.001 and §2271.001.

My Company has less than 10 full-time employees This is not an agreement for goods or services to be provided to the City.

Name Signature Date

Effective Date: 9/1/2021

No Boycott Energy Company

If Contractor/Vendor is a “Company”, as that term is defined in Section 809.001 of the Texas Government Code and is not a sole proprietorship, then Contractor/Vendor certifies and verifies that it: (i) does not boycott energy companies and (ii) will not boycott energy companies during the term of Purchase Order or Contract this Certification is attached to and incorporated into; or (iii) that it meets the requirements of an exception listed below.

Form requirements:

• This certification is required by Texas Government Code § 2274.002.

• This form is required to be attached to and is incorporated into all Purchase Orders (goods) and Contracts (services) with a value of $100,000 or more that is paid in whole or in part with state funds with a company with 10 or more full time employees. The campus department making the purchase of goods or contracting for services is responsible for obtaining the form from the Vendor or Contractor.

Texas Government Code §809.001(1) states that "Boycott energy company" means “without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A)”. Furthermore, Texas Government Code §809.001(2) states that the term “Company” means a “for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit”, provided however that Texas Government Code §2274.001(2) excludes sole proprietorships from this definition of “Company”.

Vendor/Contractor Name or Company Name

Street Address

City

State

Zip Code

Phone Number

Printed Name of Authorized Representative

Title of Authorized Representative

Signature of Authorized Representative

Date

ONLY COMPLETE THIS SECTION IF YOU BELIEVE YOU ARE NOT REQUIRED TO PROVIDE THE

CERTIFICATION – No Boycott Energy Company - FOR THE REASONS CITED BELOW

My business is not required to provide the certification listed above because (select one):

My business is not a for-profit “Company” as defined above, pursuant to Texas Government Code §809.001(2) and §2274.001(2).

My Company has less than 10 full-time employees

Effective Date: 9/1/2021

No Discrimination against Firearm and Ammunition Industries

If Contractor/Vendor is a “Company”, as that term is defined in Section 2274.001 of the Texas Government Code and is not a sole proprietorship, then Contractor/Vendor certifies and verifies that it: (i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (ii) will not discriminate against a firearm entity or firearm trade association during the term of the Purchase Order or Contract this Certification is attached to and incorporated into; or (iii) that it meets the requirements of an exception listed below.

Form requirements:

• This certification is required by Texas Government Code § 2274.002

• This form is required to be attached to and is incorporated into all Purchase Orders (goods) and Contracts (services) with a value of $100,000 or more that is paid in whole or in part with state funds with a company with 10 or more full time employees. The campus department making the purchase of goods or contracting for services is responsible for obtaining the form from the Vendor or Contractor.

Texas Government Code §2274.001(3) states that " discriminate against a firearm entity or firearm trade association " means “with respect to the entity or association, to: (i) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (ii) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (iii) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association”. Furthermore, Texas Government Code §2274.001(2) states that the term “Company” means a “a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or associations that exists to make a profit. The term does not include a sole proprietorship.”

Vendor/Contractor Name or Company Name

Street Address

City

State

Zip Code

Phone Number

Printed Name of Authorized Representative

Title of Authorized Representative

Signature of Authorized Representative

Date

ONLY COMPLETE THIS SECTION IF YOU BELIEVE YOU ARE NOT REQUIRED TO PROVIDE THE

CERTIFICATION –No Discrimination against Firearm and Ammunition Industries-

FOR THE REASONS CITED BELOW

My business is not required to provide the certification listed above because (select one):

My business is not a for-profit “Company” as defined above, pursuant to Texas Government Code §2274.001(2).

My Company has less than 10 full-time employees

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 12/22/2017

FORM 1295CERTIFICATE OF INTERESTED PARTIES

OFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLOFFICE USE ONLYYYYY

6 UNSWORN DECLARATION

My name is _______________________________________________________, and my date of birth is _______________________________.

My address is ________________________________________________, ___________________, _______, __________, ______________.

(street) (city) (state) (zip code) (country)

I declare under penalty of perjury that the foregoing is true and correct.

Executed in ___________________ County, State of ______________ , on the _______ day of _______________, 20______.

(month) (year)

Signature of authorized agent of contracting business entity

(Declarant)

ADD ADDITIONAL PAGES AS NECESSARY

Name of Interested Party

Nature of Interest (check applicable) City, State, Country

(place of business) Controlling Intermediary

Name of governmental entity or state agency that is a party to the contract for which the form is being filed.

3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract.

Complete Nos. 1 - 4 and 6 if there are interested parties.

Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.

1 Name of business entity filing form, and the city, state and country of the business entity's place of business.

Check only if there is NO Interested Party.

Mus t fi le on lin e a t w ww.et hic s.s tat e.t x.u s/F ile

Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects

Issued on March 17, 2026 Page 9

A P P E N D I X A – CONTRACT PROVISIONS

A 1 A C C E S S T O R E C O R D S A N D R E P O R T S

A 1 . 1 S O U R C E

2 CFR § 200.334

2 CFR § 200.337

FAA Order 5100.38

A 1 . 2 A P P L I C A B I L I T Y

2 CFR § 200.334 requires a Sponsor to retain records pertinent to a Federal award for a period of three years from submission of final closure documents. 2 CFR § 200.337 establishes that Sponsors must provide Federal entities the right to access records pertinent to the Federal award. FAA policy applies these requirements to the Sponsor’s contracts and subcontracts of AIP funded projects.

Contract Types – The Sponsor must include this provision in all contracts and subcontracts of AIP funded projects.

Use of Provision – No mandatory language provided. The following language is acceptable to the FAA with meeting the intent of this requirement. If the Sponsor prefers to use different language, the

Sponsor’s language must fully satisfy the requirements of 2 CFR §§ 200.334 and 200.337.

A 1 . 3 M O D E L C O N T R A C T C L A U S E

ACCESS TO RECORDS AND REPORTS

The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, 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.

Issued on March 17, 2026 Page 10

A 2 B R E A C H O F C O N T R A C T T E R M S

A 2 . 1 S O U R C E

2 CFR Part 200, Appendix II(A)

A 2 . 2 A P P L I C A B I L I T Y

This provision requires Sponsors to incorporate administrative, contractual or legal remedies in the event that a contractor violates or breaches contract terms. The Sponsor must also include appropriate sanctions and penalties.

Contract Types – This provision is required for all contracts that exceed the simplified acquisition threshold as stated in 2 CFR Part 200, Appendix II (A). This threshold is occasionally adjusted for inflation and is $350,000.

Use of Provision – No mandatory language provided. The following language is acceptable to the FAA as meeting the intent of this requirement. If the Sponsor uses different language, the Sponsor’s language must fully satisfy the requirements of 2 CFR Part 200. Select either “contractor” or “consultant” as applicable.

A 2 . 3 M O D E L C O N T R A C T C L A U S E

BREACH OF CONTRACT TERMS

Any violation or breach of terms of this contract on the part of the [Contractor | Consultant] 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.

Owner will provide [Contractor | Consultant] written notice that describes the nature of the breach and corrective actions the [Contractor | Consultant] must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to Contractor until such time the

Contractor corrects the breach or the Owner elects to terminate the contract. The Owner’s notice will identify a specific date by which the [Contractor | Consultant] must correct the breach. Owner may proceed with termination of the contract if the [Contractor | Consultant] fails to correct the breach by the deadline indicated in the Owner’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.

Issued on March 17, 2026 Page 11

A 3 B U Y A M E R I C A N P R E F E R E N C E

A 3 . 1 S O U R C E

Title 49 U.S.C. § 50101

Executive Order 14005, Ensuring the Future is Made in All of America by All of America’s Workers

Infrastructure Investment and Jobs Act (IIJA) (P.L. No. 117-58), Build America, Buy America (BABA)

A 3 . 2 A P P L I C A B I L I T Y

The Buy American Preference incorporates statutory requirements and policies outlined in the in 49

U.S.C. § 50101, Executive Order 14005, and BABA.

Section 50101 of 49 U.S.C. requires that all steel and manufactured goods used on AIP projects be produced in the United States. This section also gives the FAA the ability to issue a waiver to a Sponsor to use non-domestic material on an AIP funded project subject to meeting certain conditions. A Sponsor may request that the FAA issue a waiver from the Buy American Preference requirements if the FAA finds that:

1) Applying the provision is not in the public interest.

2) The steel or manufactured goods are not available in sufficient quantity or quality in the United

States.

3) The cost of components and subcomponents produced in the United States is more than

60 percent of the total components of a facility or equipment procured, and final assembly has taken place in the United States. Items that have an FAA standard specification item number

(such as specific airport lighting equipment) are considered the equipment.

4) Applying this provision would increase the cost of the overall project by more than 25 percent.

Executive Order 14005 advances the Administration’s priority to use terms and conditions of Federal financial assistance awards to maximize the use of goods, products, and materials produced in, and services offered in, the United States. The Order directs, to the extent appropriate and consistent with applicable law, agencies shall partner with the Hollings Manufacturing Extension Partnership (MEP) to conduct supplier scouting in order to identify American companies that are able to produce goods, products, and materials in the United States that meet Federal procurement needs, prior to consideration of using non-domestic products.

The Infrastructure Investment and Jobs Act (IIJA), Build America, Buy America (BABA) Act strengthens

Made in America Laws and bolsters America’s industrial base, protects national security, and supports high-paying jobs. Under BABA, iron, steel and certain construction materials are required to be 100% produced in the United States.

Under the Infrastructure Investment and Jobs Act (IIJA) (P. L. No. 117-58), BABA three waivers are available for iron and steel, manufactured products, and construction materials when a Federal agency finds that –

Issued on March 17, 2026 Page 12

1) Applying the domestic content procurement preference would be inconsistent with the public interest (a “public interest waiver”);

2) Types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality (a “nonavailability waiver”); or

3) The inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent (an “unreasonable cost waiver”).

BABA defines construction materials, items that are or consists primarily of non-ferrous metals, plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), lumber or drywall.

Items that consist of two or more of the aforementioned materials that have been combined through a manufacturing process, and items that include at least one of the listed materials combined with a material that is not listed through a manufacturing process should be treated as manufactured products, rather than as construction materials. For example, a plastic framed sliding window should be treated as a manufactured product while plate glass should be treated as a construction material.

The Buy America Preference requirements flow down from the Sponsor to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are also in compliance.

Note: The Buy American Preference does not apply to temporary equipment a contractor uses as a tool of its trade, and which does not remain as part of the project.

Note: Section 768 of the FAA Reauthorization Act of 2024 (Public Law 118-63), which became effective on May 16, 2024, establishes specific requirements for the procurement of certain rolling stock using

FAA grant funds. The provision prohibits airports from using Federal financial assistance to procure buses or rail car vehicles rolling stock from covered entities.

Required Documentation

The FAA Buy American Requests. All applications (requests) for an FAA Buy American Preference

Waiver includes, at minimum, a completed Content Percentage Worksheet and Final Assembly

Questionnaire. Additional information may be requested from the applicant by the FAA. Airport

Sponsors, consultants, construction contractors, or equipment manufacturers are responsible for completing and submitting waiver applications. The FAA is unable to make a determination on waiver requests with incomplete information. Sponsors must confirm with the bidder or offeror to assess the adequacy of the waiver request and associated information prior to forwarding a waiver request to the

FAA for action. All FAA waivers forms are available from the FAA Buy American Requirements webpage.

Proprietary Confidentiality. Exemption 4 of the Freedom of Information Act protects "trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential.

Proprietary manufacturing and design information submitted to the Federal Aviation Administration for the purposes of receiving a Buy American Waiver shall not be disclosed outside the FAA. The FAA will provide a written notification to the Airport Sponsor, manufacturer(s), contractor(s) or supplier(s) when a waiver determination is complete.

Issued on March 17, 2026 Page 13

Timing of Waiver Requests. Sponsors desiring a Type 2 waiver should submit their waiver request, with justification, before issuing a solicitation for bids or a request for proposal for a project.

The Sponsor must submit a Type 2, Type 3, or Type 4 waiver request prior to executing the contract.

The FAA will generally not consider waiver requests after execution of the contract except where extraordinary and extenuating circumstances exist.

The Buy American Notice of Determination (NOD) Process. The FAA Reauthorization Act of 2024 requires that all approved waivers must be posted to the FAA’s website and remain posted for public comment for 10 days, before becoming effective. All FAA waivers must complete the NOD process.

Sponsors are encouraged to wait until approved waivers become effective before executing AIP projects.

Buy American Conformance Lists. The FAA Office of Airports maintains listings of projects and products that have received a waiver from the Buy American Preference requirements for project specific and nationwide use. Each of these conformance lists is available online at www.faa.gov/airports/aip/buy_american/. Products listed on the FAA Nationwide Buy American

Conformance list do not require additional submittal of domestic content information. Nationwide waivers expire five years from the date issued, unless revoked earlier by the FAA.

Facility Waiver Requests. For construction of a facility, the Sponsor may submit the waiver request after bid opening, but prior to contract execution. Examples of facility construction include terminal buildings, terminal renovation, and snow removal equipment buildings.

Contract Types –

Construction and Equipment – The Sponsor must meet the Buy American Preference requirements of 49 USC § 50101 and BABA for all AIP funded projects that require materials that are or consists primarily of iron, steel or manufactured goods and construction materials.

Professional Services – Professional service agreements (PSAs) do not normally result in a deliverable that meets the definition of a manufactured product. However, the emergence of various project delivery methods has created situations where task deliverables under a PSA may include a manufactured product. If a PSA includes providing a manufactured good as a deliverable under the contract, the Sponsor must include the Buy American Preference provision in the agreement.

Property – Most land transactions do not involve acquiring a manufactured product. However, under certain circumstances, a property acquisition project could result in the installation of a manufactured product. For example, the installation of property fencing, gates, doors and locks, etc. represent manufactured products acquired under an AIP funded land project that must comply with Buy American Preferences.

Use of Provisions – No mandatory language provided. The following language is acceptable to the FAA and meets the intent of this requirement. If the Sponsor uses different language, the Sponsor’s revised language must fully comply with 49 U.S.C. § 50101 and BABA.

http://www.faa.gov/airports/aip/buy_american/

Issued on March 17, 2026 Page 14

There are two types of FAA Buy American certifications. The Sponsor must incorporate the appropriate certifications of compliance with FAA Buy American Preference in the solicitation:

• Construction Projects involving the replacement, rehabilitation, reconstruction of airfield surfaces such as on runways, taxiways, taxilanes, aprons, roadways, parking lots, etc. – Insert the Certificate of compliance to FAA Buy American Preference based on Construction Projects.

• Equipment and Buildings Projects involving and including the acquisition of equipment such as snow removal equipment, navigational aids, wind cones, and the construction of buildings such as hangars, terminal development, lighting vaults, aircraft rescue & firefighting buildings, etc. -

Insert the Certificate of Compliance with FAA Buy American Preference Based on

Equipment/Building Projects.

A 3 . 3 M O D E L S O L I C I T A T I O N C L A U S E S

A 3 . 3 . 1 C e r t i f i c a t i o n o f C o m p l i a n c e w i t h F A A B u y A m e r i c a n P r e f e r e n c e S t a t e m e n t

FAA BUY AMERICAN PREFERENCE

The Contractor certifies that its bid/offer is in compliance with 49 U.S.C. § 50101, BABA and other related Made in America Laws,2 U.S. statutes, guidance, and FAA policies, which provide that Federal funds may not be obligated unless all iron, steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition

Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list.

The bidder or offeror must complete and submit the certification of compliance with FAA’s Buy

American Preference, BABA and Made in America laws included herein with their bid or offer. The

Airport Sponsor/Owner will reject as nonresponsive any bid or offer that does not include a completed certification of compliance with FAA’s Buy American Preference and BABA.

The bidder or offeror certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass

(including optic glass); lumber; or drywall used in the project are manufactured in the U.S.

2 Per Executive Order 14005 “Made in America Laws” means all statutes, regulations, rules, and Executive Orders relating to federal financial assistance awards or federal procurement, including those that refer to “Buy America” or

“Buy American,” that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, and manufactured products offered in the United

States.

Issued on March 17, 2026 Page 15

The bidder or offeror certifies procurement of certain rolling stock using FAA grant funds will prohibit airports from using Federal financial assistance to procure buses or rail car vehicle rolling stock from covered entities.

Issued on March 17, 2026 Page 16

A 3 . 3 . 2 C e r t i f i c a t i o n o f C o m p l i a n c e w i t h F A A B u y A m e r i c a n P r e f e r e n c e – C o n s t r u c t i o n P r o j e c t s

As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with its proposal. The bidder or offeror must indicate how it intends to comply with 49 U.S.C. § 50101, BABA and other related Made in America Laws, U.S. statutes, guidance, and

FAA policies, by selecting one of the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (i.e., not both) by inserting a checkmark (ü) or the letter

“X”.

Bidder or offeror hereby certifies that it will comply with 49 U.S.C. § 50101, BABA and other related U.S. statutes, guidance, and policies of the FAA by:

a) Only installing iron, steel and manufactured products produced in the United States;

b) Only installing construction materials defined as: an article, material, or supply – other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber or drywall that have been manufactured in the United States.

c) Installing manufactured products for which the Federal Aviation Administration (FAA) has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy

American Waivers Issued listing; or

d) Installing products listed as an Excepted Article, Material or Supply in Federal

Acquisition Regulation Subpart 25.108.

By selecting this certification statement, the bidder or offeror agrees:

a) To provide to the Airport Sponsor or the FAA evidence that documents the source and origin of the iron, steel, and/or manufactured product.

b) To faithfully comply with providing U.S. domestic products.

c) To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.

d) Certify that all construction materials used in the project are manufactured in the U.S.

The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American

Preferences of 49 U.S.C. § 50101(a) but may qualify for a Type 3 or Type 4 waiver under 49 USC

§ 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees:

a) To the submit to the Airport Sponsor or FAA within 15 calendar days of being selected as the responsive bidder, a formal waiver request and required documentation that supports the type of waiver being requested.

Issued on March 17, 2026 Page 17

b) That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination that may result in rejection of the proposal.

c) To faithfully comply with providing U.S. domestic products at or above the approved

U.S. domestic content percentage as approved by the FAA.

d) To furnish U.S. domestic product for any waiver request that the FAA rejects.

e) To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.

Required Documentation

Type 2 Waiver (Nonavailability) - The iron, steel, manufactured goods or construction materials or manufactured goods are not available in sufficient quantity or quality in the United States. The required documentation for the Nonavailability waiver is

a) Completed Content Percentage Worksheet and Final Assembly Questionnaire

b) Record of thorough market research, consideration where appropriate of qualifying alternate items, products, or materials including;

c) A description of the market research activities and methods used to identify domestically manufactured items capable of satisfying the requirement, including the timing of the research and conclusions reached on the availability of sources.

Type 3 Waiver – The cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components and subcomponents of the “facility/project.” The required documentation for a Type 3 waiver is:

a) Completed Content Percentage Worksheet and Final Assembly Questionnaire including;

b) Listing of all manufactured products that are not comprised of 100 percent U.S. domestic content (excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non-domestic products in their entirety).

c) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly and installation at project location.

d) Percentage of non-domestic component and subcomponent cost as compared to total “facility” component and subcomponent costs, excluding labor costs associated with final assembly and installation at project location.

Type 4 Waiver (Unreasonable Costs) - Applying this provision for iron, steel, manufactured goods or construction materials would increase the cost of the overall project by more than 25 percent. The required documentation for this waiver is:

a) A completed Content Percentage Worksheet and Final Assembly Questionnaire from

b) At minimum two comparable equal bids and/or offers;

c) Receipt or record that demonstrates that supplier scouting called for in Executive Order 14005, indicates that no domestic source exists for the project and/or component;

d) Completed waiver applications for each comparable bid and/or offer.

Issued on March 17, 2026 Page 18

False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the

Federal Aviation Administration and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code.

Date Signature

Company Name Title

Issued on March 17, 2026 Page 19

A 3 . 3 . 3 C e r t i f i c a t i o n o f C o m p l i a n c e w i t h F A A B u y A m e r i c a n P r e f e r e n c e – E q u i p m e n t / B u i l d i n g P r o j e c t s

As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 U.S.C. § 50101, and other Made in America Laws, U.S. statutes, guidance, and FAA policies by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a checkmark (ü) or the letter “X”.

Bidder or offeror hereby certifies that it will comply with 49 U.S.C. § 50101, BABA and other related U.S. statutes, guidance, and policies of the FAA by:

a) Only installing steel and manufactured products produced in the United States;

b) Only installing construction materials defined as: an article, material, or supply – other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber or drywall that have been manufactured in the United States.

c) Installing manufactured products for which the Federal Aviation Administration (FAA) has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy

American Waivers Issued listing; or

d) Installing products listed as an Excepted Article, Material or Supply in Federal

Acquisition Regulation Subpart 25.108.

By selecting this certification statement, the bidder or offeror agrees:

a) To provide to the Airport Sponsor or FAA evidence that documents the source and origin of the steel and manufactured product.

b) To faithfully comply with providing U.S. domestic product.

c) To furnish U.S. domestic product for any waiver request that the FAA rejects.

d) To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.

The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American

Preferences of 49 U.S.C. § 50101(a) but may qualify for a Type 3 waiver under 49 U.S.C. §

50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees:

a) To submit to the Airport Sponsor or FAA within 15 calendar days of being selected as the responsive bidder, a formal waiver request and required documentation that supports the type of waiver being requested.

b) That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination that may result in rejection of the proposal.

Issued on March 17, 2026 Page 20

c) To faithfully comply with providing U.S. domestic products at or above the approved

U.S. domestic content percentage as approved by the FAA.

d) To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.

Required Documentation

Type 2 Waiver (Nonavailability) - The iron, steel, manufactured goods or construction materials are not available in sufficient quantity or quality in the United States. The required documentation for the

Nonavailability waiver is:

a) Completed Content Percentage Worksheet and Final Assembly Questionnaire

b) Record of thorough market research, consideration where appropriate of qualifying alternate items, products, or materials including;

c) A description of the market research activities and methods used to identify domestically manufactured items capable of satisfying the requirement, including the timing of the research and conclusions reached on the availability of sources.

Type 3 Waiver – The cost of the item components and subcomponents produced in the United States is more that 60 percent of the cost of all components and subcomponents of the “item”. The required documentation for a Type 3 waiver is:

a) Completed Content Percentage Worksheet and Final Assembly Questionnaire including;

b) Listing of all product components and subcomponents that are not comprised of 100 percent U.S. domestic content (Excludes products listed on the FAA Nationwide Buy

American Waivers Issued listing and products excluded by Federal Acquisition

Regulation Subpart 25.108 (products of unknown origin must be considered as non-domestic products in their entirety).

c) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture.

d) Percentage of non-domestic component and subcomponent cost as compared to total

“item” component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture.

Type 4 Waiver (Unreasonable Costs) - Applying this provision for iron, steel, manufactured goods or construction materials, would increase the cost of the overall project by more than 25 percent. The required documentation for this waiver is:

a) Completed Content Percentage Worksheet and Final Assembly Questionnaire from

b) At minimum two comparable equal bidders and/or offerors;

c) Receipt or record that demonstrates that supplier scouting called for in Executive Order

14005, indicates that no domestic source exists for the project and/or component;

d) Completed waiver applications for each comparable bid and/or offer.

Issued on March 17, 2026 Page 21

False Statements: Per 49 U.S.C. § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code.

Date Signature

Company Name Title

Issued on March 17, 2026 Page 22

A 4 C I V I L R I G H T S - G E N E R A L

A 4 . 1 S O U R C E

49 U.S.C. § 47123

A 4 . 2 A P P L I C A B I L I T Y

There are two separate civil rights provisions that apply to projects:

1. FAA General Civil Rights Provision and,

2. Title VI provisions, which are addressed in Appendix A5.

Contract Types – The General Civil Rights Provisions found in 49 U.S.C. § 47123, derived from the Airport and Airway Improvement Act of 1982, Section 520, apply to all Sponsor contracts regardless of funding source.

Use of Provision – MANDATORY TEXT. Each contract must include two civil…