Solicitation 6973GH-23-R-00152-.pdf

SOLICITATION, OFFER

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" means "bid" and "bidder"

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED BID (RFP)

AC-23-03535

AAQ-730 FAC. & AVIATION SAFETY ACQ

PO BOX 25082

BLDG 014-AHQ, ROOM 233A

OKLAHOMA CITY OK 73125

AAQ730-AFN

Niamalika Glover 405-954-7831 x 90

PURCHASE REQUEST NO.

6973GH-23-R-00152

10. THE CONTRACT AUTHORITY REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

11. The Contractor shall begin performance within

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award notice to proceed. The performance period is mandatory, negotiable. (See ________________________________________________ .)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and is not required.is, B. An offer guarantee

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers must be publicly opened at that time . Sealed envelopes containing offers shall be marked to show the offeror's name and address. The solicitation number, and the date and time offers are due.

D. Offers providing less than

12B. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in item 12B.)

0 0 calendar days and complete it within ________________ ________________ calendar days after receiving x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Contract Authority acceptance after the date offers are due will not be considered and will _________________ be rejected.

The Procurement is 100% Set-Aside for competition limited to Small Businesses.

July 21, 2023

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Contract Authority in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13D. Failure to insert any number means the offeror accepts the minimum in item 13D.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (MUST BE FULLY COMPLETED BY OFFEROR)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Contract Authority)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Contract Authority solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE 30C. DATE 31B. CONTRACT AUTHORITY 31C. AWARD DATE

BY

2PAGE OF

AAQ-730 FAC. & AVIATION SAFETY ACQ

PO BOX 25082

BLDG 014-AHQ, ROOM 233A

OKLAHOMA CITY OK 73125

AAQ730-AFN

Niamalika R. Glover

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.)

Continued...

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 90

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

6973GH-23-R-00152

(A) (B) (C) (D) (E) (F)

00001 FY23 Electrical Construction Contractor IDIQ

Contracts

Electronic & IT: 03

Section B - Supplies or Services/Prices Section B - Schedule

The contractor shall furnish all labor, facilities, materials, services, transportation, preservation, packaging, packing and marking required to furnish and supply the services/data/information/documentation set forth below all in accordance with (IAW) the terms, conditions, and provisions set forth herein. Detailed descriptions of the supplies or services to be furnished can be found in the Statement of Work, found in Section J. Construction services ordered shall be negotiated on a project-by-project basis. See Section H, Clauses H.2 through H.6 for ordering procedures.

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) Contract with Firm Fixed Priced task orders and applicable clauses and provisions. Other than the minimum obligation under this contract; the precise number of projects are unknown and will be ordered as needed with the issuance of Task and Delivery Orders. Estimated requirements are not a representation to an offeror or contractor that the estimated quantity as shown in the schedule will be ordered, or that conditions affecting requirements will be stable or normal. Line item requirements will be fulfilled by placing orders with the contractor. The only person authorized to either issue or modify delivery/task orders under this IDIQ is the Contracting Officer.

The minimum obligation under this contract will be satisfied within the base year of each awarded contract. Each contractor will be issued one (1) task order IAW Clauses H.2 through H.6. The Government shall order, in terms of dollars, the guaranteed minimum quantity of $2,000.00 per contract awarded, during the base period. The minimum guaranteed quantity applies to the base year only. The maximum dollar value per task order during the contract period shall not exceed $750,000.00. The contract ceiling, award amount is based off the Governments Estimate of $12,703,975.00, Section B.1 Schedule – Base Contract Period

B.1 Services/Supplies. The contractor shall furnish the services and supplies in accordance with all terms, conditions, and provisions set forth herein.

Below is a sample format of a typical price schedule that will accompany individual project specifications and drawings for competitive project bidding. This is only for informational purpose a bid is not due at this time.

ITEM SUPPLIES/SERVICES UNIT EST. TOTAL

PRICE

Base Bid

0001 (Brief description of project) FOR-THE-JOB $XXXXXXX

Optional Items [See Section H.9]

0002 (Brief description of option item(s), if any) FOR-THE-JOB $XXXXXXX

Allowances [See Section H.12]

0003 OCAT-required Contractors FOR-THE-JOB $XXXXXXX

Clause List

The remainder of this page has been intentionally left blank.

Section C - Description/Specifications Scope of Work

C.1 STATEMENT OF WORK (SOW)

The contractor shall furnish all labor, tools, materials, equipment, and supplies, necessary to accomplish the construction project, in accordance with the Task Statement of Work (TSOW) and drawings, that shall be provided with each Request for Proposal and the other terms, conditions, and provisions as set forth herein.

C.2 BID VS. OFFER

References to the terms “bid”, “bidder”, etc. throughout the specification are intended to mean “offer”, “offeror”, etc.

C.3 SPECIFICATIONS AND/OR DRAWINGS

The Statement of Work (SOW) attached (with appendices) to this SIR (Section J, List of Attachments) is applicable to all task orders and will not be issued with each project’s request for proposal (RFP).

(a) Applicable FAA Drawings and/or specifications will accompany RFP.

Clause List

AC4563 EMERGENCY SITUATIONS AND EXERCISES DURING CONTRACT PERFORMANCE

AT THE MIKE MONRONEY AERONAUTICAL CENTER (MMAC) (NOV 2015)

(a) Emergency situations and exercises are temporary exceptions to the prohibition of contractor personnel being subject to the direction and control of Government personnel when performing non-personal contract services in Government facilities.

(b) All contractor personnel at a Government work site or facility during an actual emergency must conform to the procedures posted or directed by Government officials responsible for emergency response at that site or facility.

Such officials include evacuation wardens/monitors, security personnel, Emergency Readiness Officers, management, Contracting Officer’s Representative (COR), etc.

(c) Contractor personnel must participate in all emergency exercises, including evacuations, as part of performance under this contract. On rare occasions, based on advance arrangements that are then announced at the time of an exercise, contractor personnel may be excused from evacuations.

(d) Contractor management/site supervisors must ensure that each contractor employee assigned to work in Government facilities possesses a general awareness of emergency and evacuation procedures at all locations where the employees might be during an emergency or exercise. Contractor Management/Site Supervisors are responsible for accounting for their employees during an actual emergency or exercise, and are subsequently required to report this information to their COR as soon as practical based on the situation. Information on emergency procedures may be requested from the COR or a designated Government contact point at the work site.

(e) When there are disruptions to Government operations at the Mike Monroney Aeronautical Center, Contractor Management/Site Supervisor should ensure that all employees are aware of the following methods of obtaining the Center’s status:

The Center Status website: https://employees.faa.gov/org/centers/mmac/employee_services/facility_status/

Status Phone number; 954-0040, and local TV/Radio news channels.

(f) If the Center is OPEN during inclement weather, it’s business as usual. Any need for unscheduled leave is between the contractor employee and their contractor management, not the FAA.

(g) When the Center is OPEN with a Delayed Arrival Time, contractors may allow their employees to arrive at the worksite in accordance with the Delayed Arrival Time under which the Center is operating. However, the government will not pay for hours not worked on other than firm fixed price type contracts and discussions on accounting for time on any other contract type should be between Contractor Management/Site Supervisor and COR or CO.

(h) When the Center is CLOSED, contractor employees should not report to the Center unless they have been informed in advance that they are considered ‘mission critical’ employees or their contractor management/site supervisor has provided other direction. The government will not pay for hours not worked on other than firm fixed price type contracts. Any discussions on accounting for time on any other contract type should be between the contractor management/site supervisor and the COR or CO.

(i) If an alternative duty location is activated that includes contractor employees, all contractor employees will be made aware of that location through their contractor management/site supervisor.

Section D - Packaging and Marking Clause List

Section E - Inspection and Acceptance Clause List

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:

https://fast.faa.gov/contractclauses.cfm.

(End of clause)

3.10.4-10 INSPECTION OF CONSTRUCTION (SEP 2009)

3.10.4-11 INSPECTION - DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS

(APR 1996)

(a) Unless otherwise designated by the specifications, all workmanship performed under the contract is subject to Government inspection at all times and places where dismantling or demolition work is being performed. The Contractor shall furnish promptly and without additional charge all reasonable facilities, labor, and materials necessary for safe and convenient inspection by the Government. The Government shall perform inspections in a manner that will not unduly delay the work.

(b) The Contractor is responsible for damage to property caused by defective workmanship. The Contractor shall promptly segregate and remove from the premises any unsatisfactory facilities, materials, and equipment used in contract performance, and promptly replace them with satisfactory items. If the Contractor fails to proceed at once in a workmanlike manner with performance of the work or with the correction of defective workmanship, the Government may:

(1) by contract or otherwise, replace the facilities, materials, and equipment or correct the workmanship and charge the cost to the Contractor and

(2) terminate for default the Contractor's right to proceed.

The Contractor and any surety shall be liable, to the extent specified in the contract for any damage or cost of repair or replacement.

(End of clause)

Section F - Deliveries or Performance Clause List

F.1 WORKING HOURS

(a)The contract work must be conducted from 7:00 a.m. to 4:30 p.m. No work must occur at night, or on Saturdays, Sundays and regular holidays unless a special order or permit is given by the Contracting Officer to do so or if specified by specific tasking. Eight (8) hours must constitute 1 day of work, and the Contractor must observe all state laws and City Ordinances governing the hours of work.

(b) Alternate work schedules may be established by individual task order based on project requirements.

F.2 UTILITY OUTAGES AND SHUTDOWN

Utility outages and shutdown shall be coordinated with the Contracting Officer and Project Manager. Outages affecting FAA operations are required to be accomplished at night, on weekends or designated government holidays. Prior to any outage or shutdown, five (5) working days notification must be made to coordinate scheduling of any work to be performed during any hours.

F.3 CONTRACTOR USE OF PREMISES

(a) As specified in individual project specifications

(b) General: Limit use of site and premises to allow:

(1) Owner occupancy

(2) Work by others

F.4 CONTRACTOR’S CONSTRUCTION SCHEDULE AND MATERIAL SUBMITTALS

(a) The contractor shall prepare and submit the construction work schedule to the Contracting Officer (CO) for approval within [to be established for each Task Order] days of the date established for “Commencement of Work” in accordance with Clause 3.2.2.3-56, which is incorporated by reference.

(b) Refer to the Statement of Work, for additional information on preparation and submission of the construction schedule as well as other material submittals.

(c) The need for a Schedule of Values will be determined on a case-by-case basis. The requirement for a Schedule of Values will be included in the applicable Request for Proposals. Some projects will require the Schedule of Values to be submitted in an electronic format.

(d) American Institute of Architects (AIA) -style Schedule of Values may be required for certain projects and will be specified in the applicable Request for Proposals.

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at:

https://fast.faa.gov/contractclauses.cfm.

(End of clause)

3.10.1-11 GOVERNMENT DELAY OF WORK (APR 1996)

3.10.1-24 NOTICE OF DELAY (MAR 2009)

AC0168 AUTHORIZED PERFORMANCE (JUL 2015)

The execution of a contract shall not constitute authority for the contractor to commence performance. Performance shall be ordered by the issuance of a formal delivery order by an authorized Contracting Officer of the Mike Monroney Aeronautical Center. Orders issued orally or by written telecommunications shall reference a formal delivery order number and shall be confirmed by issuance of the formal delivery order.

AC1604 CONTRACT PERIOD (JUN 2015)

The effective period of this contract is 1 year and 4 Option Periods from TBD.

AC1817 ACCELERATED DELIVERY (JAN 1997)

Any Schedule for delivery or performance may be expedited at the contractor's option, if without additional expense to the Government.

Section G - Contract Administration Data Clause List

G.1 DELIVERY OF GOVERNMENT-FURNISHED MATERIAL

Government-furnished material (GFM) may be provided to the contractor(s) for use in the performance of individual task orders issued under this contract.

3.10.1-22 CONTRACTING OFFICER'S REPRESENTATIVE (APR 2012)

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

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

(End of Clause)

3.10.1-23 CONTRACTING OFFICER'S REPRESENTATIVE-CONSTRUCTION CONTRACTS (APR

2012)

(a) The Contracting Officer may appoint other Government personnel to accomplish certain contract administration matters. While there shall be various titles and divisions of duties for these individuals, generically they are known as Contracting Officer's Representatives (CORs). The Contracting Officer will provide written notice of COR appointment(s), setting forth the authorities and limitations, to the Contractor within [Enter number of days] calendar days prior to the notice to proceed. COR duties may include, but are not limited to:

(1) Perform as the authorized representative of the Contracting Officer for technical matters, including interpretation of specifications and drawings, and inspection and review of work performed.

(2) Perform as the authorized representative of the Contracting Officer for administrative matters, including reviewing payments, and updated delivery schedules.

(b) These representatives are authorized to act for the Contracting Officer in all specifically delegated matters pertaining to the contract, except:

(1) contract modifications that change the contract price or cost, technical requirements or time for performance, unless delegated field change order authority;

(2) suspension or termination of the Contractor's right to proceed, either for default or for convenience;

(3) final decisions on any matters subject to appeal, e.g., disputes under the "Contract Disputes" clause; and

(4) final acceptance under the contract.

(End of clause)

AC1227 RELEASE FORM (JAN 1997)

The contractor will be required to execute Contractor's Release Form DOT

F 4220.4 (2-71) prior to final payment under the contract. (Note: A copy of

Form DOT F 4220.4 (2-71) is attached hereto for information purposes.)

AC4550 DELIVERIES TO THE MIKE MONRONEY AERONAUTICAL CENTER (MMAC) (JUL

2015)

(a) Security procedures at the MMAC require that all mail, materials, packages or parcels of any kind be delivered to a central screening point, for inspection by the FAA. This affects mail and other deliveries destined for all organizations located on MMAC property, including government organizations, contractors and permit holders.

After passing security inspection, the mail or material may be handled and delivered by the FAA. FAA will make every reasonable effort to conduct inspections and handle items in a careful manner so as to avoid damage or delay.

(b) This inspection is for the benefit of the FAA only. The FAA makes no representation that any material passing inspection is without hazard, poses no threat, or that it conforms in form, fit, function or quantity to the expectations of the intended recipient.

(c) The FAA shall not be liable for any 1) loss, damage or shortage of any mail or materials, 2) injury, or 3) delay in performance resulting from such inspection and handling, unless liable under the Federal Tort Claims Act (28 U.S.C. 2671-2680).

(d) Any item destined for the contractor that fails to pass inspection remains the property of the contractor, who is responsible for its disposition and coordination with law enforcement agencies as necessary.

Section H - Special Contract Requirements Clause List

H.1 SPECIAL DELIVERY REQUIREMENTS

All delivery trucks entering staffed FAA facilities must be dedicated delivery, contain only equipment for that facility, third party cargo is not allowed on delivery trucks entering FAA facility secure perimeters.

H.2 TASK/DELIVERY ORDER PROCESSING—MULTIPLE AWARD CONTRACT

(a) Work under this contract will be ordered by written Task Orders to the contractor by the Contracting Officer.

(b) Each award as a result of this solicitation will cite an individual contract number. Individual Task Orders will be placed in a sequential numbering system, which relate back to the basic contract and their assigned Task Order Number.

(c) The Government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed Task Orders. Requests for proposals will indicate funds availability. The Government may request proposals with no assurance of funding and provides no assurance that task orders will be issued.

(d) Task Orders will be firm fixed price and clearly define the specific services to be performed or the performance desired. Each Task Order may contain additional, site or project specific, provisions. Any such additional provisions shall be a part of the Task Order Request for Proposal (TO RFP).

(e) Task Orders may be issued under this contract by the Contracting Officer at any time within the term of this contract or any extension under the option clause.

(f) Task Orders may be modified by the Contracting Officer. Modifications to task orders will be issued on Standard Form (SF) 30 and cite the Task Order Number.

(g) Contractors are required to contact the Contracting Officer within two days after receipt of Task Order Request for Proposal (TO RFP) if a contractor will not participate in the walk-through/site visit or submit a proposal on a Task Order.

H.3 TASK ORDER AWARD

a) Contractors awarded contracts as a result of this SIR/RFO will compete for subsequent Task Orders. These contractors are encouraged to participate in all site visits and submit proposals. Failure by contract awardees to¿¿ participate responsibly in site visits and submit proposals may result in the Government not exercising the option to extend the contract or exclusion of the contractor from further competition.

b) The Contracting Officer will provide fair opportunity among contract awardees to determine task order award.

The CO will act with broad discretion in determining procedures for awardees to receive a fair opportunity to be considered for each order.

(c) Except under, but not limited to the conditions specified in this clause; as task requirements are identified the Contracting Officer reserves the right to award a Task Order without competition based upon a determination that:

(1) The agency need for such services is of such urgency that providing such opportunity would result in unacceptable delays.

(2) The order should be issued on a single source basis, in the interest of economy and efficiency, as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(3) The order should be issued on a single source basis, in the interest of economy and efficiency, when an awardee is already mobilized and currently performing under a previously issued order.

(4) The order should be issued on a single source basis, in the interest of economy and efficiency, when a rational basis has been established and documented.

(5) The order should be issued after exclusion of awardees based on one of the following circumstances:

(i) If an awardee’s performance under recent orders under the contract raises questions regarding that awardee’s ability to perform at an acceptable level, that awardee need not be given an opportunity to compete.

(ii) Where information is available to indicate that an awardee has a conflict of interest with the work anticipated under the order, or does not have the capacity to perform a particular order at the level of quality required or within the time required due to the volume or complexity of ongoing work, that awardee need not be given an opportunity to compete.

(iii) Other circumstances that in the judgment of the Contracting officer that provides a sufficient basis for excluding an awardee from a particular order, when a rational basis has been established and documented.

(d) Whenever, in the opinion of the Contracting Officer, the need for services is compelling and of unusual urgency, the Contracting Officer may issue a task order, with a copy of the applicable project documents attached, directing the contractor to proceed with performance of the work specified. Such task order will be issued in accordance with AMS. T3.3.3-7, Letter and Ceiling Priced Contracts, and will specify a not-to-exceed price. The contractor will proceed with performance of the work required by the task order. The contractor will submit a definitization task proposal within 10 days from the date of receipt of the task order. Following receipt of the contractor’s task proposal, negotiations, if required, will be conducted to establish a new firm-fixed-price.

H.4 DESCRIPTION OF SUBSEQUENT TASK ORDERS

Miscellaneous electrical construction services are required, throughout the term of the contract, for alteration, extension, conversion, and/or modernization of existing facilities, as well as new construction. These services will be required for commercial, industrial, and utility type of facilities located at, or in support of the Mike Monroney Aeronautical Center, the Federal Aviation Administration (FAA) and other tenants. The contractor shall provide all labor, materials, and equipment required for all work as described in the applicable contract documents.

Task orders may be issued to the electrical construction contractors whom were awarded the basic contract. Each basic contract will be for a 1-year base period, with four (4) 1-year option periods to be exercised at the sole discretion of the Government. The Task Orders will be placed against the basic contracts to fund projects throughout the year. Requirements under these contracts may range from $2,000-$750,000. Each electrical construction task order will be accompanied with appropriate support documentation.

Site visits will often be scheduled within 2 days of issuance of TO RFPs. Contractors must be able to respond to requests for meetings, site visits, TO RFPs, task order mobilization, etc. with very little notice. Typical response time for task order proposals is from 7 to 14 days.

The Government will review and respond to submittals in response to TO RFPs within 10 calendar days from receipt. If a submittal is rejected and re-submitted, the Government will have an additional 10 days to review and this review period is not a basis for a contractor request for equitable adjustment (REA).

Regular meetings between contractors and the FAA will be scheduled at the post-award conference for each Task Order.

H.5 SUBSEQUENT TASK ORDER EVALUATION CRITERIA

Subsequent Task Orders may be awarded on price, past performance, best value, performance price tradeoff process or lowest price, technically acceptable basis. If the Government decides to issue the Task Order as a best value using the tradeoff process, award factors will vary depending on the unique requirements of each Task Order. The following sample criteria may be evaluated, in addition to price or cost:

(a) Past Performance - Task Order past performance or prior past performance on other contracts

(b) Quality of Deliverables

(c) Ability to Meet Schedule Requirements

(d) Relevant Experience

(e) Cost Control

(f) Potential impact on other orders placed with the contractor

(g) Current workload

(h) Design

(i) The contractor’s technical understanding of the work

(j) The most efficient and effective plan to accomplish the work

(k) Rationale for proposed materials, type and quantities

(l) Sustainable design features

(m) Socioeconomic business category

H.6 TASK ORDER AWARDS < $10,000

(a) The Government, for efficiency, may implement simplified ordering procedures for efforts that are anticipated to be under or up to $10,000. These orders may or may not be competed based upon the broad discretion of the Contracting Officer as authorized by AMS T3.2.2.5(g)(2), and guidance outlined herein.

(b) The Contractor will be required to make minor modifications to buildings, equipment, facilities, and systems upon receipt of a task order. The aforementioned list is not comprehensive. The work request will denote the work required and the standards, specifications, and drawings or sketches to be followed. Work called for may require multi-crafts. Special requirements for coordination or time schedule for performance of work will be noted.

(c) The Government may or may not specify a date for the Contractor to commence work; however, it will specify an expected completion date on the work/task order request. Under unusual circumstances, the Government may find it necessary to specify a start-work date. The aforementioned types of efforts may require quick turn-around times (TAT). In most circumstances, the contractor will be responsible for providing pricing within 24-48 hours and completion of work may also be required within the same 24-48 hours, or as specified in the work order and task order. However, each Task Order will dictate the required TAT, but the expectation is for these efforts to be quick TAT, and generally not exceed more than 10 working days. However, in the event of any discrepancy, the Task Order requirement for TAT governs.

H.7 SUBCONTRACTING RESPONSIBILITIES

The contractor shall be responsible for the management and performance of all subcontractors. The contractor shall ensure Task Orders are completed within the stated requirements.

H.8 NOTICE OF CONSTRUCTIVE CHANGES

No order, statement or direction of the Contracting Officer, an authorized representative of the Contracting Officer whether or not acting within the limits of his authority, or any other representatives of the Government, shall constitute a change order under the “Changes” clause of this contract of the price or delivery schedule, unless such a change is issued in writing and signed by the Contracting Officer.

H.9 OPTIONAL ITEM(S)

The Government may add the work called for in the schedule, under optional item(s), at the unit price(s) proposed in response to the Request for Proposal (RFP). The Contracting Officer may exercise the option(s) at the time of task order award, or by written notice to the contractor within the number of calendar days specified in the schedule, after issuance of Notice to Proceed. Delivery of the added item(s) shall be within the time specified under in the task order.

H.10 LOCATION PREFERENCE FOR PROPOSAL SUBMITTAL

Contractors MUST be able to respond physically within a 20 to 30 minute timeframe to the Mike Monroney Aeronautical Center. It will be required to detail how this shall be accomplished i.e. address of office or staging area.

H.11 CONTRACT SUPERINTENDENT

The contractor shall provide a full-time superintendent to oversee the requirements of the tasks and coordinate the activities of the contractor’s subcontracts. A superintendent must be on the Mike Monroney Aeronautical Center (MMAC) while tasks are under active construction. Also, see AMS Clause 3.2.2.3-46, Supervising the Contract Work.

H.12 OCAT Contractor

(a) Certain categories of work; e.g., external gas lines, will be required to be performed by a contractor selected by the Oklahoma City Airport Trust (OCAT) and assigned to the applicable project’s Contractor. The project's contractor shall coordinate with, and schedule the services of, the OCAT-approved contractor.

(b) Notwithstanding the fact that the contractor is selected by the Oklahoma City Airport Trust (OCAT), the prime contractor will be responsible for the work of the OCAT-selected contractor. Accordingly, the contractual relationship between the OCAT-contractor is the same as that with any other subcontractor of the prime.

H.13 DAVIS BACON ACT-WAGE RATE DECISIONS

(a) Individual task orders will be subject to the applicable Wage Determination(s) as the work dictates at the time of Task Order award (see Wage Determination(s) in Section J, List of Attachments).

(b) Contractors will be required to comply with the applicable Wage Determinations as provided on individual Task Orders. See AMS Clause 3.6.2-18, Section I.

H.14 SUBMISSION OF CONTRACT PERFORMANCE AND PAYMENT BONDS

(The below clause is applicable when contract price exceeds $150,000, or any other amount when in the best interest of the Government.)

(a) Pursuant to AMS Clauses 3.4.1-4, Performance Bond Requirements, and 3.4.1-5, Payment Bond Requirements, incorporated herein by reference, the contractor shall within 15 calendar days after the award of the contract deliver to the Contracting Officer -

(1) A Performance Bond on Standard Form 25 (in duplicate) in a penal sum equal to 100 percent of the contract price, and

(2) A Payment Bond on Standard Form 25-A (in duplicate) in a penal sum equal to 100 percent of the contract price.

(b) Copies of Standard Form 25 and Standard Form 25-A are attached and listed at Section J.

(c) Each bond shall also be accompanied by a Power of Attorney (also in duplicate) whereby the surety company authorized the execution of the bond by its agent or employee.

(d) Each bond shall remain in full force and effect through the entire term of the contract, including extensions and warranty/guarantee periods, if any.

H.15 ACCIDENT AND FIRE REPORTING

(a) The Contractor shall report to the Contracting Officer any accident or fire occurring at the site of the work which causes:

(1) A fatality or as much as one lost workday on the part of any employee of the Contractor or subcontractor at any tier;

(2) Damage of $1,000 or more to Federal property, either real or personal;

(3) Damage of $1,000 or more to Contractor or subcontractor owned or leased motor vehicles or mobile equipment; or

(4) Damage for which a contract time extension may be requested.

(b) Accident and fire reports required by paragraph (a) above shall be accomplished by the following means:

(1) Accidents or fires resulting in a death, hospitalization of five or more persons, or destruction of Federal property (either real or personal), the total value of which is estimated at $100,000 or more, shall be reported immediately by telephone to the Contracting Officer or his/her authorized representative and shall be confirmed by telegram or facsimile transmission within 24 hours to the Contracting Officer. Such telegram or facsimile transmission shall state all known facts as to extent of injury and damage and as to cause of the accident or fire.

(2) Other accident and fire reports required by paragraph (a) above may be reported by the Contractor using a state, private insurance carrier, or Contractor accident report form which provides for the statement of:

(i) The extent of injury; and

(ii) The damage and cause of the accident or fire. Such report shall be mailed or otherwise delivered to the Contracting Officer within 48 hours of the occurrence of the accident or fire.

(c) The Contractor shall assure compliance by subcontractors at all tiers with the requirements of this clause.

H.16 HEALTH AND SAFETY PLAN - POST AWARD SUBMITTAL (BASE CONTRACT)

All Awardees issued a Base IDIQ Contract will Submit a Health and Safety Plan for FAA approval. The Health and Safety Plan will contain the following:

(a) Submit plans that are thorough, complete, and fully address potential safety conditions related to the seed project.

(b) Submit evidence of a Health and Safety management system.

(c) Designate a competent person responsible for and capable of implementing the safety and health program/plan.

(d) Submit Experience Modification Rate (EMR or EMOD) for the past three (3) calendar years.

(e) Submit Total Recordable Incident Rate (TRIR) for the past three (3) calendar years if company has greater than ten (10) employees.

3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2020)

(a) The Electronic Signatures in Global and National Commerce Act (E-SIGN) establishes a legal equivalence between:

(1) Contracts written on paper and contracts in electronic form;

(2) Pen-and-ink signatures and electronic signatures; and

(3) Other legally-required written records and the same information in electronic form.

(b) With the submission of an offer, the offeror acknowledges and accepts the utilization of electronic commerce as part of the requirements of this solicitation and the resultant contract.

(c) Certain documents may need to be provided or maintained in original form, such as large-scale drawings impractical to convert to electronic format or a document with a raised seal signifying authenticity. This clause does not change or affect any other requirements that a document must be in paper format to satisfy legal requirements such as for certain real estate transactions.

(d) The use of electronic signature technology is authorized under this solicitation and the resulting contract.

(e) Contractors must not digitally sign any documents with software that uses the Secure Hash Algorithm 1 (SHA- 1). All digitally signed documents and contracts sent to the FAA must use a SHA-256 or higher hash algorithm. This is based on the National Institute of Standards and Technology (NIST) Policy Statement on Hash Functions dated August 5, 2015. Further guidance on the use of SHA-256 is in NIST Special Publication (SP) 800-57 Part 1, section

5.6.2 as amended and SP 800-131A, Revision 1 dated November 6, 2015. Additional guidance on the use of SHA-3 is in NIST SP 800-185 as amended.

(f) Contractors do not have to update documents previously digitally signed using SHA-1 hash algorithms unless the document requires updating. The FAA and contractors may continue to use SHA-1 for the following applications:

Verifying old digital signatures and time stamps, generating and verifying hash-based message authentication codes (HMACs), key derivation functions (KDFs), and random bit/number generation.

(End of Clause)

3.2.5-7 DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JAN 2022)

(a) Definitions.

(1) "The Act," as used in this clause, means section 1352, title 31, United States Code.

(2) "Agency," as used in this clause, means executive agency, within the meaning of 5 U.S.C. 101, 102, and 104(I), and any wholly owned Government corporation within the meaning of 31 U.S.C. 9101.

(3) "Covered Federal action," as used in this clause, means any of the following Federal actions:

(i) The awarding of any Federal contract.

(ii) The making of any Federal grant.

(iii) The making of any Federal loan.

(iv) The entering into of any cooperative agreement.

(v) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(4) "Indian tribe" and "tribal organization," as used in this clause, have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304) and include Alaskan Natives.

(5) "Influencing or attempting to influence," as used in this clause, means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

(6) "Local government," as used in this clause, means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

(7) "Officer or employee of an agency," as used in this clause, includes the following individuals who are employed by an agency:

(i) An individual who is appointed to a position in the Government under title 5, United States Code, including a position under a temporary appointment.

(ii) A member of the uniformed services, as defined in subsection 101(3), title 37, United States Code.

(iii) A special Government employee, as defined in section 202, title 18, United States Code.

(iv) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, United States Code, appendix 2.

(8) 'Person,' as used in this clause, means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

(9) 'Reasonable compensation,' as used in this clause, means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

(10) 'Reasonable payment,' as used in this clause, means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

(11) 'Recipient,' as used in this clause, includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

(12) 'Regularly employed,' as used in this clause, means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person must be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

(13) 'State,' as used in this clause, means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and multi- State, regional, or interstate entity having governmental duties and powers.

(b) Prohibitions. The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that:

(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement;

(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal action) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the screening information request (SIR), the offeror must complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and

(3) He or she will include the language of this clause in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $150,000 must disclose accordingly.

(4) This certification and disclosure is a prerequisite for making or entering into this contract imposed by the Act.

Any person who makes a prohibited expenditure or fails to file or amend a disclosure form, must be subject to a civil penalty of not less than $10,000 and not more than $100,000, for each such failure.

(c) The prohibitions of the Act do not apply under the following conditions:

(1) Agency and legislative liaison by its own employees.

(i) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action if the payment is for agency and legislative liaison activities not directly related to a covered Federal action.

(ii) For purposes of subdivision (c)(1)(i) of this clause, providing any information specifically requested by an agency or Congress is permitted at any time.

(iii) The following agency and legislative liaison activities are permitted at any time where they are not related to a specific solicitation for any covered Federal action:

(A) Discussing with an agency the qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities.

(B) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.

(iv) The following agency and legislative liaison activities are permitted where they are prior to Screening Information Request (SIR) of any covered Federal action:

(A) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(B) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(C) Capability presentations by persons seeking awards from an agency pursuant to the provisions of a law authorizing such actions;

(v) Only those services expressly authorized by subdivision (c)(1)(i) of this clause are permitted under this clause.

(2) Professional and technical services.

(i) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of:

(A) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of submittal/offer or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(B) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any submittal/offer or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(ii) For purposes of subdivision (c)(2)(i) of this clause, 'professional and technical services' must be limited to advice and analysis directly applying any professional or technical discipline. For example, drafting of a legal document accompanying a submittal/offer by a lawyer is allowable.