VCT Sweeper RFB for Court_Updated KC Comments.pdf

INVITATION FOR BIDS (IFB)

Airport Sweeper Acquisition

County of Victoria

Victoria Regional Airport (VCT)

Victoria, Texas

609 Foster Field Drive

Victoria, Texas 77904

Issued: July 2026

Proposal Due Date: August 25, 2026 @ 3:00 PM

TABLE OF CONTENTS

SECTION 1 – No�ce To Bidders

SECTION 2 – Bid Instruc�ons, Requirements, and Terms & Condi�ons

SECTION 3 – Bid Form

SECTION 4 – Bid Affidavit

SECTION 5 – Federal Contract Provisions (REQUIRES SIGNATURES)

SECTION 6 – Airport Pavement Sweeper Specifica�ons

ATTACHMENT A – Addi�onal Vendor Cer�fica�ons

ATTACHMENT B – Specifica�ons Checklist

**Read all sections of RFB closely. Sections 3, 4, 5, and Attachments A and B each contain documents that require filling out and/or signatures for a responsive bid**

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SECTION 1 – NOTICE TO BIDDERS

FOR AIRPORT PAVEMENT SWEEPER

COUNTY OF VICTORIA - VICTORIA REGIONAL AIRPORT

The Commissioners’ Court of Victoria, Texas and the Victoria Regional Airport (VCT) are accepting bids for the following:

One (1) New Airport Pavement Sweeper

Copies of this IFB containing equipment specifications, bid proposal forms, and bid requirements may be obtained from The Victoria Regional Airport Office at 609 Foster Field Drive, Victoria, Texas

77904 or online at https://www.vctx.org/page/business.bids or https://flyvictoriatx.com/master-plan/.

The bidder shall use unit pricing.

The method of payment shall be from Airport Operating Funds.

No bidder’s bond required.

Bids shall be received by Vinicio “Lenny” Llerena, Airport Executive Director, 609 Foster Field Drive, Victoria, Texas, 77904, until Tuesday, August 25, 2026 at 3:00 P.M. Bids can be submitted by hand delivery or by mail to the airport address.

Late submissions will not be accepted under any circumstances. The phone system in the Office of the Airport Executive Director shall be the official time of receipt. Responses received after the deadline will be returned unopened.

The outside of the envelope or email subject line shall be plainly marked:

“County of Victoria – Victoria Regional Airport – ONE (1) NEW AIRPORT PAVEMENT SWEEPER”

Bids will be held unopened until Tuesday, August 25, 2026 at 4:00 P.M., when they will be opened and the Respondent’s name and Bid Amount will be read aloud during a public meeting. The public meeting will be held in the Victoria County Commissioner’s Courtroom, located at 115 N. Bridge St., Room 241, Victoria, Texas 77901. Formal action on bids will be considered at a future meeting at

Victoria County Commissioners Court. All Bids shall include all requirements of the County of Victoria

- Victoria Regional Airport – One (1) New Airport Pavement Sweeper.

No bids may be withdrawn for a period of 150 days subsequent to the opening of the bids without the consent of the County. The County reserves the right to reject any and/or all bids and to accept any bid deemed by the County as providing the best value for and being most beneficial to the

County, and to waive all formalities in the bid process.

Publish on:

08/02/26

Adrienne Willis CTCD, CTCM Procurement Specialist

08/09/26

SECTION 2 - BID INSTRUCTIONS, REQUIREMENTS, AND TERMS & CONDITIONS

Bidders are urged to promptly review the requirements of this specification and submit questions for resolution as early as possible during the bid period. Questions or concerns must be submitted in writing via email to Vinicio “Lenny” Llerena (vllerena@vctx.org) no later than

August 17, 2026 at 5:00 P.M. (Central Time). Otherwise, this will be construed as acceptance by the bidders that the intent of the specifications is clear and the competitive bids may be obtained as specified herein. Protests with regard to the specification documents will not be considered after bid are opened.

1. Read the entire bid, including all terms, conditions, and specifications.

2. Bids are mailed only as a courtesy. The County of Victoria (The County) does not assure responsibility for failure of bidders to receive bids. Bidders should rely only on advertisements in the local paper (The Victoria Advocate) and should personally pick up bids and specifications. Full information may be obtained, or any questions answered, by contacting the Victoria Regional Airport at 361-578-2704. Additionally, copies of this IFB may be obtained from The Victoria Regional Airport Office at 609 Foster Field Drive, Victoria, Texas 77904 or online at https://www.vctx.org/page/business.bids or https://flyvictoriatx.com/master-plan/.

3. The Bid title: “County of Victoria – Victoria Regional Airport – One (1) New Airport

Pavement Sweeper”, bidders name, address and bid opening date should be clearly printed or typed on the outside of the bid envelope. Only one bid will be accepted from each bidder. Alternates will not be accepted unless specifically requested in the proposal.

Submission of more than one bid or alternates not requested may be grounds for rejection of all bids by the bidder.

4. The method of delivery of bids is the responsibility of the bidder. All bids must be received by the Victoria Regional Airport on or before the specified bid opening date and time. Late bids will not be considered under any circumstances. Bids may be delivered in person to the Victoria Regional Airport Administration Office, or by Express Mail or delivery service to:

Vinicio “Lenny” Llerena

Victoria Regional Airport

Airport Executive Director

609 Foster Field Drive

Victoria, TX 77904

The outside of the envelope subject line shall be plainly marked:

“County of Victoria – Victoria Regional Airport – ONE (1) NEW AIRPORT PAVEMENT

SWEEPER”

5. Failure to deliver within the time specified in the bid will constitute a default and may cause cancellation of the contract. Where the County has determined the contractor to be in default, the County reserves right to purchase any or all products or services covered by the contract on the open market and to charge the contractor with cost in excess of the contract price. Until such assessed charges have been paid, no subsequent bid from the defaulting contractor will be considered.

6. The County specifically reserves the right to evaluate bids and award items separately, grouped or on an all or none basis, to accept the bid which is in the best interest of the

County, and to reject all proposals if that is in the best interest of the County.

7. Altered or incomplete bids (including non-acknowledgement of addenda issued, if any), or the use of substitute forms or documents, shall render the bid non-responsive and subject to rejection.

8. All bids must be typed or written in ink. Any erasures, strikeover and/or changes to prices should be initialed by the bidder. Failure to initial may be cause for rejection of the bid as non-responsive.

9. All bids must be manually signed by a properly authorized party. Failure to do so shall cause the bid to be rejected as non-responsive.

10. Where one or more vendor’s exact products or typical workmanship is designated as the level of quality desired or equivalent, the County reserves the right to determine the acceptability of any equivalent offered.

11. Detailed factory specifications, illustrative literature and any deviations should be submitted with bid as required by the specifications or on the bid form. Representative samples shall be submitted upon request, if appropriate. Bidders proposing an equivalent brand or model should submit with the bid information (such as illustrations, descriptive literature, and technical data) sufficient for the County to evaluate quality, suitability, and compliance with the specifications in the solicitation.

12. Written addenda issued prior to bid opening which modifies the bid shall become a part of the bid and shall be incorporated within the purchase order and/or contract. Only a written interpretation or correction by Addendum shall be binding. Bidders shall not rely upon any interpretation or correction given by any other method. Failure to acknowledge receipt of addenda (if any) shall render the bid non- responsive and subject to rejection.

13. Delivery of items must be made on time to County final destination within the Victoria

Regional Airport. All freight charges shall be prepaid by vendor. Late deliveries or unsatisfactory performance may be cause to cancel the Purchase Order or contract.

14. All prices in bid shall remain in effect for a period of at least 150 days. County purchases are excluded from state and local taxes.

15. Acceptance of award by vendor, either in writing or by shipment of any article described herein, shall effectuate a contract between the County and vendor for the materials described herein, and no additional conditions or amendments shall have any effect unless approved in writing by the County.

16. The County is an equal opportunity employer and does not discriminate against anyone on the basis of race, sex, creed, color, religion, national origin, ancestry, reprisal, disability, sexual orientation, marital status or political affiliation.

17. Bids must conform to all provisions contained in Section 5 – Federally Required Provisions provided in this bid packet

18. Terms and Conditions: This solicitation contains all terms and conditions with respect to the purchase of the goods and/or services specified herein. Submittal of any contrary terms and conditions may cause your bid to be rejected. By signing and submitting a bid, vendor agrees that contrary terms and conditions which may be included in their bid are nullified; and agrees that this contract shall be construed in accordance with this solicitation and governed by the laws of the State of Texas.

19. Certification of no suspension or debarment. By signing and submitting any bid for

$25,000 or more, the bidder certifies that their company, any subcontractors, or principals are not suspended or debarred by the general services administration (GSA) in

“Audit Requirements In subpart F of the Office of Management and Budget’s uniform administrative requirements, cost principles, and audit requirements for federal awards”

(Formerly OMB circular a-133). A list of parties who have been suspended or debarred can be viewed via the internet at http://www.sam.gov.

20. Bid prices shall include delivery of all items F.O.B. destination or as otherwise provided.

Bids containing “Payment in Advance” or “C.O.D.” requirements may be rejected.

Payment is to be made within 30 days after receipt of properly executed invoice or delivery, whichever is later.

21. Bidders may attend the bid opening, but no information or opinions concerning the ultimate contract award will be given at the bid opening or during the evaluation process.

Bids may be examined within 72 hours after bid opening. Written bid Tabulations can be accessed at: https://www.vctx.org/page/business.bids or https://flyvictoriatx.com/master-plan/.

22. Successful bidder agrees, upon receipt of written notice of a claim or action, to defend the claim or action, or take other appropriate measure, to indemnify, and hold harmless, the County, its agents and employees from and against all claims and actions for bodily injury, death or property damages caused by fault of the contractor, its officers, its agents, or its employees. Contractor is obligated to indemnify only to the extent of the fault of the contractor, its officers, its agents, or its employees.

23. Vendors submitting signed bids agree to EEOC compliance and certify that they agree to adhere to the mandates dictated by Title VI and VII of the Civil Right Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Executive Order 11246, the

Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran’s Readjustment

Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Act of

1975, and agrees to abide by the requirements of the Americans with Disabilities Act of

1990.

Bidders must agree to keep informed of and comply with all federal, state and local laws, ordinances and regulations which affect their employees or prospective employees.

24. CONTRACT: This bid, when properly accepted by Victoria County, shall constitute a contract equally binding between the successful bidder and Victoria County. No different or additional terms will become part of this contract with the exception of a Change

Order.

25. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the County.

26. ADDENDA: Any interpretations, corrections, or changes to this Invitation for Bid and

Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the office of the Airport Executive Director. Addenda will be mailed to all who are known to have received a copy of this Invitation for Bid. Additionally, addenda will be posted at: https://www.vctx.org/page/business.bids or https://flyvictoriatx.com/master-plan/ . Bidders shall acknowledge receipt of all addenda in order for a bid to be considered responsive.

27. TERMINATION FOR DEFAULT: Victoria County reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the County in the event of breach or default of this contract. Victoria County reserves the right to terminate the contract immediately in the event the successful bidder fails to:

1. meet delivery or completion schedules, or

2. otherwise perform in accordance with these specifications.

Breach of contract or default authorizes the County to award to another bidder, purchase elsewhere, and charge the full increase in cost and handling to the defaulting successful bidder.

28. PATENTS/COPYRIGHTS: The successful bidder agrees to protect Victoria County from claims involving infringements of patents and/or copyrights.

29. PURCHASE ORDER: A purchase order(s) shall be generated by Victoria County to the successful bidder. The purchase order number must appear on all itemized invoices and packing slips. Victoria County will not be held responsible for any orders placed/delivered without a valid current purchase order number.

30. PACKING SLIPS or other suitable shipping documents shall accompany each shipment and shall show: (a) name and address of successful bidder, (b) name and address of receiving department and/or delivery location, (c) Victoria County Purchase Order number, and (d) descriptive information as to the vehicles delivered, including product code, model number, item number, serial number, quantity, etc.

31. INVOICES shall show all information as stated above and shall be mailed directly to

Victoria County, 115 N. Bridge St., Room 122, Victoria, Texas 77901.

32. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Victoria County, Texas.

33. ASSIGNMENT: The successful bidder shall not sell, assign, transfer, or convey this contract, in whole or in part, without the prior written consent of Victoria County.

34. SILENCE OF SPECIFICATION: The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

35. BIDS MUST COMPLY with all federal, state, county, and local laws concerning this type of item(s). The equipment shall contain all standard safety, emission, and noise control equipment required for this type and size of equipment at the time of its manufacture and all extra equipment specified. All materials, equipment, and/or parts not specifically stated herein but necessary to render the unit(s) complete and operational per the specifications are to be included in the bid price. Bidder may be required to furnish evidence that each unit, as bid, will meet or exceed these requirements. An inspection of the equipment shall be made before acceptance.

36. CONFLICT OF INTEREST QUESTIONNAIRE (FORM CIQ): In accordance with Chapter 176 of the Texas Local Government Code, “Disclosure of Certain Relationships with Local

Government Officers,” persons, or their agents who seek to who seek to contract for the sale or purchase of property, goods, or services with the County of Victoria/Victoria

Regional Airport, shall file a Conflict of Interest Questionnaire (Form CIQ) with the County

Auditor if the vendor has a business relationship as defined by Section 176.001(1-a) with the County of Victoria/Victoria Regional Airport and the vendor meets requirements under Section 176.006(a).

Form CIQ is available from the Texas Ethics Commission by accessing the following web address: htps://www.ethics.state.tx.us/filinginfo/conflict_forms.htm

The Conflict of Interest Questionnaire (Form CIQ) is required to be filed within 7 business days of:

a. Beginning of discussions or negotiations to enter into a contract with the City; or

b. Submission of an application, response to an Invitation for Bids correspondence or other writing related to a potential agreement with the County of Victoria.

If requested in the solicitation document, all Respondents are to submit a completed

Conflict of Interest Questionnaire (Form CIQ) with their response. CERTIFICATE OF

INTERESTED PARTIES (FORM 1295): A proponent that will be awarded a contract that is greater than $25,000 is required to electronically create a Certificate of Interested Parties

Form 1295 through the Texas Ethics Commission (“TEC”) website:

htps://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm and submit a signed and copy of the form to the County of Victoria/Victoria Regional

Airport prior to the award of the contract. A contract, including a County-issued purchase order, will not be enforceable or legally binding until the County receives and acknowledges receipt of the properly completed Form 1295 from the vendor.

37. ANY QUESTION concerning this process should be directed to the Airport Executive

Director, 609 Foster Field Drive, Victoria, Texas 77904, (361) 578-2704.

SECTION 3 – BID FORM

COUNTY OF VICTORIA, TEXAS

VENDOR’S NAME AND ADDRESS: ______________________________________________________

VENDOR’S PHONE NUMBER: ______________________________________________________

BID DUE DATE: Tuesday, August 25, 2026 @ 3:00 PM

Item Estimated Unit Total

No. Description Units Quantity Price Price

Price to Furnish Fully Functional and

Operational Airport Pavement

Sweeper as specified

EA 1

Total Bid Amount $ _______________

(Numerical)

ACKNOWLEDGEMENT OF ADDENDUMS (IF ANY):

Addendum # _______________ Acknowledged _____________ (Initial on the line)

Addendum # _______________ Acknowledged _____________ (Initial on the line)

DELIVERY SCHEDULE:

___________ STATE MAXIMUM NUMBER OF DELIVERY DAYS AFTER RECEIPT OF ORDER

F.O.B.: DESTINATION – PAYMENT TERMS: NET 30

THIS IS A QUOTATION FORM ONLY AND DOES NOT REPRESENT AN ORDER FOR A PURCHASE BY VICTORIA COUNTY

BID PROPOSAL FOR ONE (1) NEW AIRPORT PAVEMENT SWEEPER FOR THE VICTORIA

REGIONAL AIRPORT

SECTION 4 – BID AFFIDAVIT

The specifications referenced require the doing of all things necessary, proper for or incidental to the furnishing of said equipment. All items of design and equipment not listed in these specifications, but involved in carrying out their intent are required to be furnished by the vendor, the same as if these items were specifically mentioned and described in these specifications.

Manufacturer’s standard equipment on all components of unit must be included with this proposal even though they may not be formally called out in these specifications. The equipment must be fully assembled and tested prior to delivery by a dealer representative.

FIRM/BIDDER:

PREPARED BY:

ADDRESS:

PHONE:

BIDDER MUST SIGN BID AFFIDAVIT AS PART

OF THIS BID. RETURN SPECIFICATIONS AND

BID SHEETS OF BID PACKAGE WITH ALL

DOCUMENTATION REQUIRED.

STATE OF }{

COUNTY OF }{

AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the following, who, upon oath, says:

I am the Manager, Secretary or other agent or officer or the principal of the Bidder in the matter of the bids to which this affidavit is attached, and I have full knowledge of the relations of the Bidder with the other firms in this same line of business, and the Bidder is not a member of any trust, pool or combination to control the price of supplies bid on, or to influence any person to bid or not to bid thereon.

I further affirm that the Bidder has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted bid.

Affiant

SWORN TO AND SUBSCRIBED BEFORE ME by the above Affiant, who, on oath states that the facts contained in the above are true and correct, this day of , 20 .

Notary Public in and for

County, Name of Bidder

Signed by

(Sign Name in Writing) (Title)

Address

(Zip Code)

Telephone Number Date

NOTE: BIDS NOT ACCOMPANIED BY THIS AFFIDAVIT WILL NOT BE CONSIDERED

The County of Victoria does not discriminate on the basis of race, color, national origin, sex, religion, age, and disability in employment or the provision of services.

SECTION 5 – FEDERAL CONTRACT PROVISONS

“As a matter of bid responsiveness, the bidder, where required, must complete, sign, date, insert a checkmark, or letter X, and submit the following section along with their bid.”

Federal Contract Provisions for Airport Improvement Program

Funded Projects and Equipment

The requirements of 49 CFR part 26 apply to this contract. It is the policy of Victoria Regional

Airport to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership.

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.

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY

1. The Offeror’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the

“Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetables

Goals for minority participation for each trade: 0%

Goals for female participation in each trade: 0%

These goals are applicable to all of the Contractor’s construction work (whether or not it is

Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and nonfederally involved construction.

The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-

4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the

Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to

Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-

4. Compliance with the goals will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director of the Office of Federal

Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is Victoria, Victoria County, Texas.

BREACH OF CONTRACT TERMS

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

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

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 must correct the breach. Owner may proceed with termination of the contract if the Contractor 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.

FAA BUY AMERICAN PREFERENCE

The Contractor certifies that its bid/offer is in compliance with 49 USC § 50101, BABA and other related Made in America Laws,1 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.

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 USC § 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 () or the letter “X”.

Bidder or offeror hereby certifies that it will comply with 49 USC § 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;

1 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.

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 USC § 50101(a) but may qualify for a Type 3 waiver under

49 USC § 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.

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.

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

GENERAL CIVIL RIGHTS PROVISIONS

In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent

Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.

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

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

Title VI Solicitation Notice:

The Victoria Regional Airport, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, [select businesses, or disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award.

Title VI List of Pertinent Nondiscrimination Acts and Authorities

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

Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin);

49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of

Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42

USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the

Basis of Disability in Programs or Activities Receiving Federal Financial Assistance);

The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);

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

The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms

“programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are

Federally funded or not);

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

The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

Executive Order 12898, Federal Actions to Address Environmental Justice in Minority

Populations and Low-Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);

Executive Order 13166, Improving Access to Services for Persons with Limited English

Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with

Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087 (2005)];

Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq).

Compliance with Nondiscrimination Requirements:

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

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

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

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

Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and

Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the

Contractor will so certify to the Sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

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

a. Withholding payments to the Contractor under the contract until the

Contractor complies; and/or

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

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

Sponsor to enter into any litigation to protect the interests of the Sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

CLEAN AIR AND WATER POLLUTION CONTROL

Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC §§ 7401-7671q) and the Federal Water Pollution Control

Act as amended (33 USC §§ 1251-1387). The Contractor agrees to report any violation to the

Owner immediately upon discovery. The Owner assumes responsibility for notifying the

Environmental Protection Agency (EPA) and the Federal Aviation Administration.

Contractor must include this requirement in all subcontracts that exceed $150,000.

CERTIFICATION OF OFFEROR/BIDDER REGARDING DEBARMENT

By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.

CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT

The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a

“covered transaction”, must confirm each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally-assisted project. The successful bidder will accomplish this by:

1. Checking the System for Award Management at website: http://www.sam.gov.

2. Collecting a certification statement similar to the Certification of Offeror/Bidder

Regarding Debarment, above.

3. Inserting a clause or condition in the covered transaction with the lower tier contract. If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.

TEXTING WHEN DRIVING

In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging

While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant.

In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $10,000 that involve driving a motor vehicle in performance of work activities associated with the project.

EQUAL OPPORTUNITY

During the performance of this contract, the Contractor agrees as follows:

1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation;

and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

4. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers’ representative of the

Contractor’s commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The Contractor will furnish all information and reports required by Executive Order 11246 of

September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive

Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.