2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable) /15/2016 NM

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1 AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable) /15/2016 NM ISSUED BY 7. ADMINISTRATED BY (If other than Item 6) Federal Aviation Administration Acquisition Management Branch, AAQ Lind Ave SW Renton, WA NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) 9A. AMENDMENT OF SOLICITATION NO. DTFANM-16-R B. DATED (SEE ITEM 11) 05/18/ A. MODIFICATION OF CONTRACT/ORDER NO. *TO BE COMPLETED BY VENDOR IF NOT COMPLETE 10B. DATED (SEE ITEM 13) CODE FACILITY CODE 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation on as amended, by one of the following methods: (a) By completing Item 8 and 15, and returning 1 copies of the amendment; (b) acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDG- MENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hours and date specified. 12. ACCOUNTING AND APPROPRIATION DATA (If required) 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT/ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTHER (Specify type of modification and authority) E. IMPORTANT: Contractor is not, is required to sign this document and return 1 copy to the issuing office. 14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.) The above referenced solicitation for the MAJOR MECHANICAL SUSTAINMENT MODIFICATION (MMS) PROJECT AT THE SALT LAKE CITY ARTCC, UTAH is amended as follows: 1) Provide a revised solicitation dated 06/15/2016, attached. Solicitation number remains the name. This version supersedes solicitation dated 05/18/2016. The changes made in this revision are specified in the list on page #2 of this amendment. Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect. 15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) ELAINA D. AUDETTE 15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED (Signature of person authorized to sign) BY (Signature of Contracting Officer) OMB Control No (SF-30) FAA Template No. 11 (8/97)

2 Amendment #0003 Page 2 List of Significant Changes to solicitation #DTFANM-16-R-00054: (16 items) 1) Clarified personnel for Phase I Design Assistance Phase from Key Personnel listed under Section L & M. There are separate personnel listings (See Section C vs. Section L & M) as there are separate functions. 2) B003 Changed option to include overhead and profit. 3) B003 Added clarification that the option (B003 - CLIN 005) is not subject to an incentive. 4) Section C Collaborative Discussions Added or equivalent and Signature authority for Prime Contractor in the matrix. 5) Section C 3.0 Phase I: Design Assistance Pre-Construction Services Changed FAA s budget to budget data/ceiling price 6) Section C Project Manager Clarified bachelor s degree. 7) Section C Cost Estimator Removed requirement for bachelor s degree. 8) Section C Mechanical Project Engineer Clarified bachelor s degree. 9) Section C Electrical Project Engineer Clarified bachelor s degree. 10) Section F - Clause (a) Provided clarification in verbiage to duration. 11) Section G Clause G001 Payments Added ceiling price of $75,000 and clarified verbiage regarding Schedule of Values: The Contractor will expected to develop a Schedule of Values that supports the work items billed and clearly demonstrate the percentage completion for progress payments. 12) Section H Clause H001 Fixed-Price Incentive (Successive Targets) Contract Clarified that CLIN 004 is subject to price revision and clarified verbiage that once the vendor receives the FAA s 100% design to provide their Total Firm Target Cost proposal for the construction work. 13) Section L, L001, 2) Mandatory Qualifications Provided clarification in verbiage that information shall demonstrate their experience with their offer. 14) In Section L, added clauses L002 Submission Date and Place and L003 Hand Carried Offers. 15) Section M, M004 Evaluation of Price Clarified that The lowest total final price proposal will receive one hundred percent (100%) of the points assigned to the price proposal. 16) Section M, M004 Evaluation of Price Emphasized that the FAA s ceiling price is $8M. (End of Changes)

3 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) 1. SOLICITATION NO. DTFANM-16-R TYPE OF SOLICITATION NEGOTIATED RFO 3. DATE ISSUED 06/15/2016 PAGE OF PAGES 1 of 77 IMPORTANT - The offer section on the reverse must be fully completed by offeror. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. NM PROJECT NO. 7. ISSUED BY FEDERAL AVIATION ADMINISTRATION WESTERN SERVICE AREA ACQUISITION GROUP AAQ ELAINA AUDETTE 1601 LIND AVENUE SW RENTON, WA ADDRESS OFFER TO SAME AS BLOCK 7 9. FOR INFORMATION A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) CALL: ELAINA AUDETTE THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, Identifying no., date): FURNISH ALL LABOR, MATERIALS, SERVICES, EQUIPMENT, INSURANCE, SECURITY NOTIFICATIONS, LICENSES, PERMITS, AND FEES IN ACCORDANCE WITH APPLICABLE FEDERAL, STATE AND LOCAL REGULATORY REQUIREMENTS FOR THE MAJOR MECHANICAL SUSTAINMENT MODIFICATION MMS) PROJECT AT THE SALT LAKE CITY ARTCC, UTAH IN ACCORDANCE WITH THE SPECIFICATIONS, DRAWINGS, CONTRACT CLAUSES AND APPLICABLE WAGE DETERMINATIONS. 11. The Contractor shall begin performance within 5 calendar days and complete it within 360 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. 12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If YES, indicate within how many calendar days after award in Item 12B.) YES NO 13. ADDITIONAL SOLICITATION REQUIREMENTS: 12B. CALENDAR DAYS See B007 1 A. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by 2:00 PM (hour) local time 06/24/2016 (date): 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. B. An offer guarantee is, is not required. 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.

4 OFFER (Must be fully completed by offeror) 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 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 Government in writing within calendar days after the date offers are due. (Offerors providing less than the calendar days indicated here for Government acceptance after the date offers are due will not be considered and offer will be rejected.) AMOUNTS SEE PART I - SECTION B 18. The offeror agrees to furnish any required performance and payment bonds. AMENDMENT NO. 19. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the solicitation - give number and date of each.) DATE 20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN (Type or print) 20B. SIGNATURE 20C. OFFER DATE 21. ITEMS ACCEPTED: AWARD (To be completed by Government) 22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA 24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. RESERVED. (4 copies unless otherwise specified) 26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE 28. NEGOTIATED AGREEMENT Contractor is required to sign this document and return copies to issuing office.) 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. 30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 29. AWARD (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 consist of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary. 31A. NAME OF CONTRACTING OFFICER (Type or print) ELAINA D. AUDETTE 30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA BY 31C. AWARD DATE

5 PART I - SECTION B SUPPLIES/SERVICES & PRICE/COST B001. PRICE/COST: The contractor must furnish all labor, materials, services, equipment, insurance, security notifications, licenses, permits, and fees in accordance with applicable Federal, State, and local regulatory requirements for the MAJOR MECHANICAL SUSTAINMENT MODIFICATION (MMS) MODIFICATION PROJECT at the Salt Lake ARTCC in Salt Lake City, Utah in accordance with the specifications, drawings, contract clauses and wage rates. B001. Proposal pricing for Design Assistance Phase (Phase I). Provide hourly rates for all specific personnel for the Design Assistance Phase listed below. If accepted, these rates are effective throughout the life of the contract. Rates must be fully loaded. When using these disciplines, additional markups (pools) are NOT authorized. DIRECT LABOR HOURLY RATES Project Manager (Prime) Project Superintendent (Prime) Cost Estimator (Prime) Mechanical Project Manager Electrical Project Manager Mechanical Foreman Electrical Foreman $ $ $ $ $ $ $ Note: The FAA will award a Time and Materials (T&M) contract not to exceed $75,000 for the Phase I - Design Assistance Phase of this contract. B002. PROPOSAL PRICING FOR CONSTRUCTION PHASE. This is an optional project element related to costs for the construction work. The CLINs listed in B002 WILL BE considered for evaluation purposes but will NOT be awarded until pre-construction services are completed and accepted and negotiations for the firm fixed price between the FAA and the contractor are successful and there is an availability of funds. Note: The FAA will award a Fixed Price Incentive (Successive Targets) contract for Phase II (Construction) phase of this contract as set forth in Section H. B002 Contract Line Item (CLIN) Description Total Price 001 Direct Cost of Construction* $ 002 General Conditions.* $ 3

6 003 Bonds and Insurance** $ 004 TOTAL - Evaluation Price (Initial Target Price) $ *See B004. **See B006 and B007. Note: The price identified in CLIN 004 shall include the initial target profit of 12%. B003 Contract Line Item (CLIN) 005 Description OPTION: Replace underground cooling tower water piping, including overhead and profit. Total Price $ The price in B003 is another optional project element related to the construction work which may or may not be awarded at the Government s option and will NOT be considered during evaluation of pricing. This item is not subject to an incentive. The Government will not consider an offer valid unless all CLIN items under B001, B002, and B003 are fully completed. AUTHORIZED SIGNATORY (PRINT NAME & TITLE): AUTHORIZED SIGNATORY (SIGNATURE): The total offered price shall encompass all costs related to (a) direct and indirect labor, fringe benefits, overhead, G&A expenses, profit, material, equipment, other direct costs, insurance, freight, handling, transportation, inspection, testing, operation and maintenance manuals, bonds, etc., (b) federal, state, and local taxes, (c) all applicable fees permits, licenses, and (d) any miscellaneous charges. B004. INSTRUCTIONS. The Offeror shall submit pricing as prescribed in PART I SECTION B of the Request for Offers (RFO). For B002 - PROPOSAL PRICING FOR CONSTRUCTION PHASE, the Offeror shall provide the following as described in Incentive Price Revision Successive Targets (October 1996): 1) The supplies or services identified in the "Schedule" [Section B, B002] as Item CLIN 004 are subject to price revision in accordance with clause Incentive Price Revision Successive Targets (October 1996); provided, that in no event shall the total final price of these items exceed the ceiling price of 8 million dollars ($8,000,000). 2) The prices of these items shown in the "Schedule" are the initial target prices, which include an initial target profit of 12% percent of the initial target cost. See Contract clause in Part II, Section I, for the full text. Definitions: 4

7 CLIN 001 Direct Cost of Construction: Those costs associated with all construction work, including any overhead and profit added by the subcontractors. CLIN 002 General Conditions: All other costs not associated with the direct cost of construction required for completion of the total scope of work associated with this contract. An offeror is required to provide a price for each labor category and every contract line item (CLIN). Failure to comply may result in the rejection of the subject offer. A single award shall be made. There shall be no split award. In the event that the CLIN price for any line item is materially unbalanced, the entire offer may be rejected without discussion with the offeror. In the event of any disparity between the CLIN price and the total offered price, the CLIN price shall be deemed correct, and the total offered amount shall be revised accordingly, unless available information indicates otherwise. Effective April 1, 1996, the Federal Aviation Administration (FAA) began operating under the new FAA Acquisition Management System. The l996 DOT Appropriation Act, Public Law , mandated that the FAA rewrite its acquisition regulations and granted legislative relief from certain laws. The Federal Acquisition Regulations (FAR), Federal Acquisition Streamlining Act of 1994, Small Business Act, and Competition in Contracting Act, are three of these laws. B005. THIS WILL BE A TIERED EVALUATION. A tiered evaluation of offers will be used in source selection for this contract, and offers from other-than small business concerns will only be considered after the determination that an insufficient number of offers from responsible small business concerns were received (see Part IV, Section M for details). The applicable North American Industry Classification System (NAICS) code for this project is , Commercial and Institutional Building Construction. Please note this code on your Business Declaration Form. B006. FAA INSURANCE REQUIREMENTS: Worker s compensation and employer s liability. a. The Contractor must procure and maintain during the entire period of performance under this contract the following minimum insurance: Type Automobile Liability Bodily Injury Liability Property Damage Amount $ 200,000 per person $ 500,000 per occurrence $ 200,000 per occurrence Comprehensive General Liability Bodily Injury $ 500,000 per occurrence Workers Compensation and Employers Liability 5

8 Workers Compensation and Occupational Disease Statutory, but see below Employer s Liability B007. COST OF PERFORMANCE AND PAYMENT BONDS: Offerors are instructed that they shall include their fee-quote for these bonds under B002, CLIN 003 Bonds and Insurance Performance Bond Requirements Payment Bond Requirements Bid, Performance and Payment bonds are required and shall be submitted and approved prior to the issuance of the Notice to Proceed (NTP) for construction. The penal sums are as follows: a. The contractor is required to submit a performance bond in a penal amount equal to 100 percent of the contract price within the time frame stated above. b. The contractor is required to submit a payment bond in a penal amount equal to 100 percent of the contract price within the time frame stated above. c. The contractor is required to submit a bid bond in a penal amount equal to 20 percent of the contract price at the time of proposal submission. Note: A proposal guarantee (bid bond) will be required in Phase II. B008. PERIOD OF PERFORMANCE: See Contract clause in Part II, Section I, Starting, Performing and Completing Work (July 2004). Period of Performance for Phase I Design Assist is 120 calendar days from issuance of the Design Assist Notice to Proceed (NTP) with an anticipated design assist start date of around AUGUST Period of Performance for Phase II Construction is 360 calendar days from issuance of Construction Notice to Proceed (NTP) with an anticipated construction start date of around MARCH B009. SOLICITATION QUESTIONS: All contractors proposing this project desiring an interpretation or clarification of the specifications, drawings, contract terms and conditions, etc., must make their request by to Elaina Audette at [email protected]. Telephone questions will not be accepted. The requestor shall provide a company name, point-of-contact name, address and telephone number; as well as a return address or FAX number. The Contracting Officer is the ONLY person authorized to make clarifications, interpretations, or changes to the solicitation. QUESTIONS ARE DUE BY: Thursday, June 8, 2016 at 2:00PM PACIFIC TIME. B010. SITE VISIT: Site Visit (April 1996) FAA highly recommends, urges and expects offerors to inspect the site where the work will be performed. There is ONE coordinated OPTIONAL recommended site visit on MAY 26, 2016 at 10:00AM LOCAL TIME. a. The meeting point address for the site visit: FAA Air Route Traffic Control Center (ARTCC) 6

9 2150 West 700 North Salt Lake City, UT b. To attend the site visit, advance notice is required no later than MAY 25, 2016 at 2:00 PM LOCAL TIME to the FAA POC identified below. You are required to provide your company name and representative(s) full name and contact phone number(s). There will be no substitutions or add-ons after the cutoff date. Notice to Attendees: Records of attendance are subject to public release. Mike Fitch, Resident Engineer (801) (office) c. All questions from the site visit must be submitted in writing according to the RFO s instructions in Section B, Clause B009 Solicitation Questions (above).the FAA assumes no responsibility for any conclusions or interpretations made by the contractor based on the information received by any means other than in writing from the Contracting Officer. The FAA does not assume responsibility for any understanding reached or representation made concerning conditions, which can affect the work, by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in the contract. ESTIMATED PRICE RANGE FOR THIS PROJECT: Between $5,000,000 - $10,000,000. DAVIS-BACON ACT APPLIES - SEE SECTION J. SERVICE CONTRACT ACT APPLIES SEE SECTION J. OFFERS SHALL INCLUDE ALL APPLICABLE STATE AND LOCAL TAXES. SUBMIT OFFERS TO: SEE PART IV, SECTION L. 7

10 PART I - SECTION C SCOPE OF WORK 1.0 SUMMARY. The Air Route Traffic Control Center (ARTCC) in Salt Lake City, UT is scheduled for a major upgrade to its chilled water plant and legacy mainframe computer room. The project will have two (2) specification/drawing packages, one of which will be for the Chiller/Cooling Tower Modernization work and the other for the Control Wing Basement Modernization work. The chilled water plant consists of two 330 ton chillers and a 3-cell cooling tower. The Control Wing basement contains a 5,300 square foot legacy mainframe computer room which will be modernized for electronic equipment space. Work includes all new architectural finishes, new raised access floor, and other alterations and repairs. There is a small amount of asbestos containing material associated with this project. The FAA will use collaborative project delivery in the pre-construction and construction phases. 2.0 GENERAL CONTRACT REQUIREMENTS. The contractor shall maintain a management staff and system that ensures flexibility, communication, and diversity of personnel necessary to successfully plan, provide constructability reviews and execute complex, multi-faceted, potentially simultaneous tasks. The contractor shall execute collaborative project delivery and use Lean Construction tools during the entire project. The FAA will provide training on the use of Lean Construction tools to the successful offeror prior notice to proceed. 2.1 COLLABORATIVE DELIVERY. The Contractor and its Subcontractors shall participate in collaborative delivery for both phases of this project. Collaborative Delivery is defined as follows: Owner (FAA) and Contractor working together to provide a product that meets FAA s requirements, honors good ideas, values Contractor input, encourages the elimination of waste, and improves planning to increase predictability and minimize risk. The Contractor shall make a good faith effort to incorporate collaborative delivery in all its interactions with the FAA. The FAA believes Collaborative delivery provides the ability to achieve a better quality product, at lower cost, with increased project reliability. The specific personnel required for collaboration and design-assist (Phase I) are defined as: at a minimum, the project manager, cost estimator, superintendent, mechanical subcontractor s foreman, and electrical subcontractor s foreman COLLABORATIVE DISCUSSIONS. The following matrix will be used for collaborative discussion/elevation of conflicts at the lowest possible level during performance of this contract: Specific Party Level FAA Prime Contractor 1 Resident Engineer (COR) Site Superintendent 2 Project Manager Project Manager 3 Eng. Svcs. Group Manager District Manager or equivalent 4 Eng. Svcs Center Manager Office Manager or equivalent 5 Contracting Officer Signature Authority for Prime 8

11 9 Contractor This collaborative effort shall be outside of the normal processes involving Requests for Information (RFI s) and/or Proposed Contract Changes (PCC s). A final collaboration ladder may be determined during the Kick-Off meeting between the Government and the Contractor. The Contracting Officer is the ONLY person authorized to make clarifications, interpretations, or changes to the contract and makes the final decision. 3.0 PHASE I: DESIGN ASSISTANCE PRE-CONSTRUCTION SERVICES A. Design Assistance: Throughout the development of the Design Documents, Contractor s personnel identified in Section B, B001 shall advise the FAA project team on proposed site use and improvements and selection of materials, systems, and equipment. Contractor shall also provide recommendations on constructability, availability of materials and labor, time requirements for procurement, installation and construction, and factors related to construction cost including, but not limited to, costs of alternative designs or materials, budget data/ceiling price, and possible cost reductions. Contractor shall: 1. Review specifications, drawings, schedule, and budget data/ceiling price. 2. Submit written comments and recommendations. 3. Discuss comments and recommendations at design review meetings. B. Project Kick-Off Meeting: The Contractor and key subcontractors shall attend the project kickof meeting anticipated to be held at the project site no later than 2 weeks after award. C. Progress Meetings: The Contractor shall attend a progress review teleconference midway through the 65% design review period. In addition, there will be weekly teleconferences 1 hour in duration. Contractor shall schedule meetings and distribute minutes in accordance with Section Project Management and Coordination. D. Design Reviews: Contractor s personnel for the Design Assistance Phase (Phase I), Project Manager (Prime), Mechanical Project Manager and Electrical Project Manager at a minimum shall attend the following design reviews and discuss comments and recommendations from FAA. Design review meetings will be conducted at the Project site, will be three (3) days in duration and will be conducted at the end of each design review period. Design reviews will be scheduled with the FAA project team at the Kick-Off meeting and shall follow the schedule of days noted below. The three design reviews are: 1. 65% design review Period of Performance (POP) is 60 calendar days duration after Notice to Proceed (NTP) for Phase I % design review POP is not to exceed 45 calendar days duration after FAA completion of the 65% design % design review POP is not to exceed 30 calendar days duration after FAA completion of the 90% design. E. Waste Management Plan: Contractor and FAA shall collaborate on the Waste Management Plan with a goal of redirecting 90% by weight, all non-hazardous solid waste from landfills. Contractor shall produce the plan as required in the Specifications by scheduling a waste management plan conference with the FAA and incorporating agreements into the plan.

12 10 DTFANM-16-R F. Project Plan: Contractor shall assist FAA in developing the Project Plan for implementation with a goal of minimizing scheduled outages and maximizing reliability of temporary facilities. Plan will address the following elements and must be completed prior to construction NTP. 1. Project Schedule. 2. Required outages. 3. Affected services and equipment. 4. Sequence of construction. 5. Temporary cooling. 6. Risks and mitigations. 3.1 LABOR CATEGORIES. Both blue-collar and white-collar labor categories will be required for performance under PHASE I of this contract. Labor categories will follow the Service Contract Act wage determinations in Section J, where applicable. The applicable and most current wage determination will be incorporated into the contract before construction begins. The contractor will provide fully burdened hourly rates (to include overhead & G&A costs) in their hourly rates in Section B001. No additional markups (pools) is authorized in invoices. The hourly rates established at the time the contract is awarded will not increase throughout the entire pre-construction phase work. Substitution or addition of personnel. See Contract clause in Part I, Section F, Substitution or Addition Of Personnel (October 2006). For the entire duration of contract performance, the Contractor shall not substitute personnel for the individuals whose resumes or other personal qualification were submitted with its offer. Any changes additional or substitution of personnel that must be made in accordance with the aforementioned AMS clause shall be made in writing to the Contracting Officer on company letterhead. Those changes that have been approved by the CO will be incorporated into the contract via a formal contract modification PHASE I DESIGN-ASSIST CONTRACTOR PERSONNEL REQUIREMENTS AND QUALIFICATIONS The minimum experience qualifications of certain personnel required for Phase I are set forth below. These qualifications, including current training as required by Federal and state agencies are the minimum standards for all personnel employed in these positions during the course of this contract. Personnel in other disciplines not listed will be required to have comparable qualifications in their fields of expertise. Contractor shall submit resumes for personnel changes during contract performance provided in Section F, Clause The contractor must ensure satisfactory standards of employee competency, conduct, appearance, and integrity. Each contractor employee is expected to adhere to standards of conduct that reflect favorably upon themselves, their employer, and the FAA. The Contracting Officer reserves the right to direct the contractor to remove an employee from the work site for failure to comply with the standards of conduct. Project Manager Program Manager shall be responsible for overall management of the contract including quality and production and shall be an employee of the prime contractor. The individual shall be competent,

13 11 DTFANM-16-R experienced and knowledgeable in specific activities identified in this contract. The position will act as a single point of contact for contract coordination with FAA. The individual shall hold periodic status meetings, manage implementation of all policy and procedures and take immediate corrective action when performance is not acceptable to FAA. The individual shall oversee management and coordination between contractor staff, subcontractors, and FAA; development and implementation of record keeping; administrative and quality control; and projects. The Program Manager shall have a bachelor s degree in any field and following, as a minimum: a) Construction experience in excess of 10 years. b) Construction experience on projects exceeding $3 million. c) Five (5) years in the same position with their current firm. Project Superintendent The Project Superintendent shall have responsibility and authority to direct work performed for the preconstruction services and under the work for construction. The Project Superintendent shall be responsible for management and execution of all site activities in accordance with approved work plan, and all federal, state, and local laws and regulations. Site Superintendent shall be a high school graduate and have at least five (5) years experience in task related job site supervision. Cost Estimator Cost Estimator collects and analyzes data in order to estimate the time, money, materials, and labor required to manufacture a product, construct a building, or provide a service. The Cost Estimator shall be an employee of the prime contractor. The Cost Estimator shall have five (5) years experience preparing construction cost estimates. Mechanical Project Manager The Mechanical Project Manager shall be responsible for management of the mechanical portion of the construction project through effective communication, negotiation, scheduling, tracking, document control, and forecasting of costs. This individual shall maintain working knowledge of general conditions, work scope and specifications of project contract, collaborate with field labor supervision to plan, organize and schedule project work including preparation of contract integrated project schedule, review contract drawings, detail drawings and specifications, and provide proactive, clear and timely communication to team members. The Mechanical Project Manager shall have a minimum of five (5) years experience as a mechanical project manager and at least a bachelor s degree in any field and as a minimum the following: a) Construction experience in excess of five (5) years. b) Construction experience on projects exceeding subcontracted amount of $1 million. c) Three (3) years in the same position with their current firm. Electrical Project Manager The Electrical Project Manager shall interpret technical statements of work and design documentation as it relates to project planning, budgeting, procurements, implementation, testing, training, and project completion. The Electrical Project Manager will work with a variety of documentation on any given project including: submittals, testing, training, implementation, change orders, purchase orders, and subcontracts to ensure high quality of work at a job site. This individual will plan, schedule, adjust, and maintain timelines in a fast paced construction/installation environment while maximizing resources and optimizing budgets. The Electrical Project Manager shall have a minimum of five (5) years experience as

14 an electrical project manager and at least a bachelor s degree in any field and the following experience, as a minimum: a) Construction experience in excess of five (5) years. b) Construction experience on projects exceeding subcontracted amount of $1 million. c) Three (3) years in the same position with their current firm. Mechanical Foreman The Mechanical Foreman supervises and coordinates the work of a crew of workers that execute the mechanical aspects of the project. The individual shall be competent, experienced and knowledgeable in reading and understanding specifications and drawings, and knowledgeable in specific activities identified in this contract. The individual shall be a good communicator and liaison with other discipline foremen to ensure the optimum utilization of available work, with the overall objective of successful completion of the project. Supervises and coordinates workers engaged in the installation of chillers and ancillary equipment. Commands respect of their workforce, and develops working relationships with all other contractors and FAA personnel. This individual shall be quick thinker and able to make quick onsite decisions. Mechanical Foreman shall be a minimum a high school graduate, have at least five (5) years experience as a foreman for mechanical construction projects over $1M and three (3) years in the same position with their current firm. Electrical Foreman The electrical foreman will be responsible for providing on-site direction and leadership for electrical workers on the project in order to complete jobs within specific guidelines that include quality standards, time requirements, and budget considerations. The Electrical foreman may be responsible for planning, customer relations, material management, and quality control. The individual shall coordinate with project managers, engineers and the FAA. The Electrical Foreman shall be at a minimum a high school graduate, must have completed an electrician apprenticeship and have at least five (5) years of experience as an electrician with a current electrician s license in addition to having at least five (5) years experience as an Electrical foreman for construction projects over $1M and three (3) years in the same position with their current firm. 4.0 PHASE II: CONSTRUCTION 4.1. PROJECT PLANNING AND SCHEDULE COORDINATION. A. The Prime Contractor and its subcontractors shall implement a project production planning system consisting of Master Scheduling, Phase Pull Planning, Make-Ready Look Ahead Planning, Weekly Work Planning, and Daily Communication collectively referred to as Pull Planning. The purpose of these activities will be to record, measure, and improve the reliability of project work production. A Pull Planning approach to scheduling the work is a collaborative effort by all those performing work during a given period working backwards from the end of that period and identifying where the work of one subcontractor is dependent upon the prior performance of another subcontractor, or other project participant (for example, the FAA). The subcontractor whose work follows shall request of and receive from the prior performer a commitment in terms of duration as to when the work to be handed off will be finished and the subcontractors shall agree on criteria for the reliable hand off of work. Pull Planning will be conducted periodically in advance of the work to be performed within the designated time periods. 1. The Master Schedule will set milestone dates for the entire project. 12

15 13 DTFANM-16-R Phase Pull Plans will be created during a project site meeting attended by all applicable project participants, including subcontractors, for phases of work leading to the milestones identified within the Master Schedule. 3. Make-Ready Look Ahead plans will be collaboratively developed weekly by each subcontractor performing work within the six week look-ahead window, identifying each item of work to be performed and completed during the given planning period, whether factors exist that would impede performance and completion, and the actions to be taken to resolve any such impediments. 4. Weekly Work Planning will be a collaborative effort by all those performing work in the upcoming week where: planning reliability from the previous week is tracked; root cause of variation assessed for continuous improvement; and subcontractors commit to and coordinate the specific work that will be completed to agreed-upon hand off criteria from tasks identified as constraint free from the make-ready six week look ahead plan. All subcontractors with work planned for the upcoming week are responsible for coming prepared to the meeting, which will be held at the project site, with a list of the work they have planned for the following week that is constraint free, a list of tasks they had planned for the following week that still have constraints, including the remaining constraints, and the status all tasks they committed to the previous week. 5. Daily Communication between subcontractors will take place to discuss what work was completed on the day before, any variation from what was promised, any revisions for the current day s work or the remainder of the weekly work plan, and what steps need to be taken to improve the work process as to any variations. All subcontractors that will perform work within the window being pulled are responsible for coming prepared to the sessions having carefully reviewed all activities in their scope that are scheduled to enter or be included in the window, including: (1) activities that it plans to perform; (2) all requirements it needs from others to perform those activities; (3) all make ready constraints; (4) any design or coordination questions; (5) any constructability concerns; and (6) any resource constraints. The Prime Contractor and all subcontractors shall carry in its pricing for their scopes all activities necessary to support and participate in the Pull Planning process for the duration of their scopes of work on the Project. For planning and budgeting purposes, the Prime Contractor and all subcontractors should take the following into account: At the beginning of the Project, the Pull Planning sessions will be longer in order to review the Master Schedule, establish the initial phase plans, populate the makeready look ahead plan, and establish the initial weekly work plans. Subsequent meetings will be required on a weekly basis to plan and coordinate the next weekly work plan, evaluate one week's work entering the look-ahead window, and identify constraints and variances. There also will be some longer sessions for additional Phase Pulls plans as phases of the work are planned and additional make ready look ahead plans are developed within those phases CHILLER/COOLING TOWER MODERNIZATION A. Work shall be performed in accordance with the attached Project Specifications and Drawings, with any modifications resulting from the Design Assistance phase of the contract. 4.3 CONTROL WING BASEMENT MODERNIZATION A. Work shall be performed in accordance with the attached Project Specifications and Drawings, with any modifications resulting from the Design Assistance phase of the contract.

16 4.4. ASBESTOS ABATEMENT. For asbestos abatement activities, see Specifications Section ASBESTOS ABATEMENT AND LCC DEMOLITION. (End of Scope of Work) 14

17 PART I - SECTION D PACKAGING AND MARKING This section not used. 15

18 PART I - SECTION E INSPECTION AND ACCEPTANCE Clauses and Provisions Incorporated by reference (July 2011) This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: (End of clause) Inspection - Time-and-Material and Labor-Hour (April 1996) Inspection of Construction (September 2009) 16

19 PART I - SECTION F DELIVERIES OR PERFORMANCE Clauses and Provisions Incorporated by reference (July 2011) This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: (End of clause) Notice of Delay (March 2009) Substitution or Addition Of Personnel (October 2006) (1) The Contractor must assign only those individuals whose resumes, personnel data, or personnel qualification statements have been submitted and determined by the Contracting Officer to meet the minimum requirements of the contract. The Contractor must not substitute or add personnel except in accordance with this clause. (2) Substitution of Personnel. (a) For the duration of contract performance, the Contractor must not substitute personnel for the individuals whose resumes or other personal qualification were submitted with its offer and that were determined by the Contracting Officer to be acceptable at the time of contract award, unless such substitutions are because of an individual's sudden illness, death, or termination of employment. In any of these events, the Contractor must promptly notify the Contracting Officer and propose substitute personnel as required by paragraph (4) below. (b) If an individual becomes, for whatever reason, unavailable for work under the contract for a continuous period exceeding thirty (30) working days, or is expected to devote substantially less effort to the planned work, the Contractor must propose a substitute personnel as required by paragraph (4) below. (3) Addition of Personnel. If an FAA requirement will increase the specified level of effort for a designated labor category, but not the overall level of effort of the contract, then the Contractor must notify the Contracting Officer to add personnel to the designated labor category. The Contractor must request added personnel as required by paragraph (4) below. (4) Request and Review. The Contractor must submit the request for substitute or added personnel in writing to the Contracting Officer at least 30 calendar days before the proposed date of substitution or addition. The Contractor's request must provide a detailed explanation of the circumstances causing the proposed substitution or addition, a complete resume for the proposed substitute or added personnel, and any additional information required by the Contracting Officer. Proposed substitutes and added personnel must have qualifications equal to or higher than those stated in the contract for the labor category. The Contracting Officer will evaluate the Contractor's request and promptly notify the Contractor of the decision to accept or reject the qualifications of the substitute or added personnel. (5) The Contracting Officer may terminate the contract if the Contractor has not made suitable, timely, and reasonably forthcoming replacement of personnel who have been reassigned or terminated or 17

20 otherwise become unavailable to work under the contract or the resulting loss of productive effort would impair the successful completion of the contract. Alternatively, if the Contracting Officer finds the Contractor to be at fault for the condition, then the Contracting Officer may equitably adjust (downward) the contract price or fixed fee to compensate the Government for any delay, loss or damage as a result of the Contractor's action. (End of clause) 18

21 PART I - SECTION G CONTRACT ADMINISTRATION DATA Clauses and Provisions Incorporated by reference (July 2011) This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: (End of clause) Contracting Officer's Representative-Construction Contracts (April 2012) (a) The Contracting Officer may appoint other Government personnel to accomplish certain contract administration matters. While there shall be various titles and divisions of duties for these individuals, generically they are known as Contracting Officer's Representatives (CORs). The Contracting Officer will provide written notice of COR appointment(s), setting forth the authorities and limitations, to the Contractor within 30 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) G001. Payments When requesting payment for work completed under Time & Materials (T&M) pre-construction services, the contractor is required to provide all supportive backup documentation supporting any T&M activities requested. Total payments shall not exceed the ceiling price of $75,

22 At the time this contract is converted to a firm-fixed-price Contract, the Contractor shall submit a schedule of values for the Work. Contractors will submit all invoices in accordance with payment clauses directly to the Contracting Officer s Representative (COR) with a copy to the Contracting Officer for each progress payment. All invoices must contain supporting documents as required by the contract. The Contractor will be expected to develop a Schedule of Values that supports the work items billed and clearly demonstrate the percentage completion for progress payments. 20

23 PART I - SECTION H SPECIAL CONTRACT REQUIREMENTS Clauses and Provisions Incorporated by reference (July 2011) This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: (End of clause) Electronic Commerce and Signature (July 2013) (a) The Electronic Signatures in Global and National Commerce Act (E-SIGN) establishes a legal equivalence between: (1) Contracts written on paper and contracts in electronic form; (2) Pen-and-ink signatures and electronic signatures; and (3) Other legally-required written records and the same information in electronic form. (b) With the submission of an offer, the offeror acknowledges and accepts the utilization of electronic commerce as part of the requirements of this solicitation and the resultant contract. (c) Certain documents may need to be provided or maintained in original form, such as large scale drawings impractical to convert to electronic format or a document with a raised seal signifying authenticity. This clause does not change or affect any other requirements that a document must be in paper format to satisfy legal requirements such as for certain real estate transactions. (d) The use of electronic signature technology is authorized under this solicitation and the resulting contract. Contractors may use the following means of electronic signature technology: Digital technology. (End of Clause) Key Personnel and Facilities (May 1997) (a) The personnel and/or facilities as specified below are considered essential to the work being performed hereunder and may, with the consent of the contracting parties, be changed from time to time during the course of the contract. (b) Prior to removing, replacing, or diverting any of the specified personnel and/or facilities, the Contractor shall notify in writing, and receive consent from, the Contracting Officer reasonably in advance of the action and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract. (c) No diversion shall be made by the Contractor without the written consent of the Contracting Officer. (d) The key personnel and/or facilities under this contract are: Project Manager, Quality Control Manager, Superintendent, Mechanical Subcontractor s Foreman, Electrical Subcontractor s Foreman. 21

24 Local office and job trailers. (End of clause) Confidentiality of Data and Information (October 2011) (a) The contractor and any of its subcontractors, in performance of this contract, may need access to and use of various types of data and information in the possession of the Government, which the Government obtained under conditions which restrict its right to use and disclose data and information or which may be of a nature that its dissemination or use, other than in the performance of this contract, would be adverse to the interests of the Government or other parties. Therefore, the contractor and its subcontractors agree to abide by any restrictive use conditions on such data and not to: (1) knowingly disclose such data and information to others without written authorization from the Contracting Officer, unless the Government has made data and information available to the public; and (2) use for any purpose other than the performance of this contract any data which bears a restrictive marking or legend. For the sole purpose of this clause, "information" means any communication or representation of knowledge such as facts, data, or opinions in any medium or form, including textual, numerical, graphic, cartographic, narrative or visual form. Data processed in such a way that it can increase the knowledge of the person who receives it. Information is the output, or finished goods, of information systems. (b) In the event the work required to be performed under this contract requires access to proprietary data and information of other companies, the contractor must obtain agreement from such other companies for such use unless such data are provided or made available to the contractor by the Government. Two copies of such company-to-company agreements must be furnished promptly to the Contracting Officer for information only. These agreements must prescribe the scope of authorized use of disclosure and other terms and conditions to be agreed upon between the parties thereto. It is agreed by the contractor that any such data, whether obtained by the contractor pursuant to the aforesaid agreement or from the Government, must be protected from unauthorized use or disclosure to any individual, corporation, or organization so long as it remains proprietary. (c) The contractor agrees to conduct formal training to make employees aware of the requirement to maintain confidentiality of data and information, as required above, to the end that they will be disciplined if the necessity to refrain from divulging either the proprietary data of other companies or data that are obtained from the Government to anyone except as authorized. The contractor must obtain from each employee engaged in any effort connected with this contract an agreement, in writing, which must in substance provide that such employee will not, during his/her employment by the contractor or anytime thereafter, disclose to others or use for his/her own benefit or the future benefit of any individual any trade secrets, confidential information, or proprietary/restricted data (to include Government "For Official Use Only") received in connection with the work under this contract. (d) The contractor agrees to hold the Government harmless and indemnify the Government as to any cost/loss resulting from the unauthorized use or disclosure of third party data or software by the contractor, its employees, subcontractors, or agents. (e) The contractor agrees to include the substance of this clause in all subcontracts awarded under this contract. The Contracting Officer will consider case-by-case exceptions to this requirement for individual subcontracts in the event that: (1) the contractor considers the application of the prohibition of this clause to be inappropriate and unnecessary in the case of a particular subcontract; (2) the contractor provides a written statement affirming absolute unwillingness of a subcontractor to perform, absent some relief from the substance of this prohibition; (3) use of an alternate subcontract source would unreasonably detract from the quality of effort; and (4) the contractor provides the Contracting Officer timely written advance notice of these and any other extenuating circumstances. 22

25 (f) Except as the Contracting Officer specifically authorizes in writing, upon completion of all work under this contract, the contractor must return all such data and information obtained from the Government, including all copies, modifications, adaptations, or combinations thereof, to the Contracting Officer. Data obtained from another company must be disposed of in accordance with the contractor's agreement with that company, or if the agreement makes no provision for disposition, must be returned to that company. The contractor must further certify in writing to the CO that all copies, modifications, adaptations, or combinations of such data or information which cannot reasonably be returned to the Contracting Officer (or to the appropriate company), have been deleted from the contractor's (and any subcontractor's) records and destroyed. (g) These restrictions do not limit the contractor's (or subcontractor's) right to use and disclose any data and information obtained from another source without restriction. (End of clause) H001. Fixed-Price Incentive (Successive Targets) Contract: The FAA will award a Fixed-Price Incentive (Successive Targets) Contract for Phase II Construction and will negotiate one (1) price revision for CLIN 004 in accordance with clause Incentive Price Revision Successive Targets before the Notice to Proceed (NTP) for construction. The FAA intends to negotiate one (1) target only. The purpose of the incentive contract is to enhance the ability of the contractor to increase both the amount and percentage of actual profit through cost reduction suggestions during Phase I Design Assistance portion of the project. After Phase I Design Assistance Phase is complete, within 15 calendar days after the end of the month in which the Contractor has completed receipt of the FAA s 100% design the Contractor shall submit the following data: (1) A proposed Total Firm Target Cost for the construction work to be performed to include; a) An estimate of costs of all supplies to be delivered and all services performed; b) Sufficient data to support the accuracy and reliability of the estimate; and c) An explanation of the differences between this estimate and the original estimate used to establish the initial target prices. (2) Upon the Contracting Officer s receipt of the required data as listed under (1), the Contracting Officer and the Contractor shall promptly establish a firm-fixed price (FFP) for determining final profit using the following: a.) Parties negotiate a Total Firm Target Cost based on the submitted data. b.) If Total Firm Target Cost is greater than Total Initial Target Cost, then the Total Initial Target Profit shall be decreased. c.) If Total Firm Target Cost is less than Total Initial Target Cost, then the Total Initial Target Profit shall be increased. d.) The Initial Target Profit shall be increased or decreased by 50 % of the difference between the Total Initial Target Cost and Total Firm Target Cost. The result is the Total Firm Target Profit. e.) The Contracting Officer shall limit the amount of Total Firm Target Profit to between 8 % and 16 % of the Total Initial Target Cost. 23

26 f.) If the Total Firm Target Cost plus the Total Firm Target Profit represent a reasonable price for performing that part of the contract subject to price revision under this clause, the parties may agree on a Firm Fixed Price. For example: If the awardee puts in a number of $7,100,000 under CLIN 004, in B002: Automatically, that means the following: Total Initial Target Cost = $6,339,285 (7,100,000/1.12) Total Initial Target Profit = $760,715 (6,339,285 x.12) If the Awardee submits a Total Firm Target Cost at 10% Higher: (i) Total Firm Target Cost = $6,973,214 (ii) Therefore, the Total Initial Target Profit shall be decreased. In this case the decrease shall be equal to 50% of the difference between the Total Initial Target Cost and Total Firm Target Cost. The math works out to this: (760,715 (.50(6,973,214-6,339,285))) = (760, ,965) = 443,750. (iii) But the Total Firm Target Profit has a floor: (.08(6,339,285) = 507,143. (iv) Therefore, the resulting Contract Firm Fixed Price would be: 6,973, ,143 = $7,480,357 If the Awardee submits a Total Firm Target Cost at 10% Lower: (i) Total Firm Target Cost = $5,705,357 (ii) Therefore, the Total Initial Target Profit shall be increased. In this case the increase shall be equal to 50% of the difference between the Total Initial Target Cost and Total Firm Target Cost. The math works out to this: (760,715 + (.50(6,339,285-5,705,357))) = (760, ,964) = 1,077,679. (iii) But the Total Firm Target Profit has a ceiling: (.16(6,339,285) = 1,014,286. (iv) Therefore, the resulting Contract Firm Fixed Price would be: 5,705, ,014,286 = $6,719,643 The calculations above demonstrate how a Total Firm Target Cost gets converted into the final firm-fixed price which then will be incorporated and awarded for into the contract for Phase II Construction. H002. Project Planning and Schedule Coordination: The Construction Manager and the Subcontractors shall participate in project planning using Lean Construction tools (referenced in Section C Scope of Work), including Milestone Pull Planning, Phase Pull Planning, Make-Ready Look Ahead Planning, and Weekly Work Planning for recording, measuring and improving the reliability of Project work production (all referred to as Pull Planning). A Pull Planning approach to scheduling the work is a collaborative effort by all those performing work during a given period working backwards from the end of that period and identifying where the work of one Subcontractor is dependent upon the prior performance of another Subcontractor, or other project participant. The Subcontractor whose work follows shall request of and receive from the prior performer a commitment in terms of duration as to when the work to be handed off will be finished and the Subcontractors shall agree on criteria for the reliable hand off of work. 24

27 Pull Planning will be conducted periodically in advance of the work to be performed within the designated time periods. Phase Pulls will be done by all applicable project participants for phases of work leading to interim or contractual milestones. Make-Ready Look Ahead plans will be developed by each Subcontractor performing work within the look-ahead window, identifying each item of work to be performed and completed during the given planning period, whether factors exist that would impede performance and completion, and the actions to be taken to resolve any such impediments. Weekly Work Planning will be a collaborative effort by all those performing work in the upcoming week where: planning reliability from the previous week is tracked; root cause of variation assessed for continuous improvement; and Subcontractors commit to and coordinate the specific work that will be completed to agreed-upon hand off criteria from tasks identified as constraint free from the make-ready look ahead plan. All Subcontractors with work planned for the upcoming week are responsible for coming prepared to the meeting with a list of the work they have planned for the following week that is constraint free, a list of tasks they had planned for the following week that still have constraints, including the remaining constraints, and the status all tasks they committed to the previous week. There should also be daily communication advising what work has been completed, any variation from what was promised, any revisions for the remainder of the work plan, and what steps need to be taken to improve the work process as to any variations. All Subcontractors that will perform work within the window being pulled are responsible for coming prepared to the sessions having carefully reviewed all activities in their scope that are scheduled to enter or be included in the window, including: (1) activities that it plans to perform; (2) all requirements it needs from others to perform those activities; (3) all make ready constraints; (4) any design or coordination questions; (5) any constructability concerns; and (6) any resource constraints. The Contractor and all Subcontractors shall include in their pricing all activities necessary to support and participate in the Pull Planning process for the duration of their scopes of work on the Project. For planning and budgeting purposes, the Contractor and all Subcontractors should take the following into account: At the beginning of the Project, the Pull Planning sessions will be longer in order to review the milestone plan, establish the initial phase plans, populate the make-ready look ahead plan, and establish the initial weekly work plans. Subsequent meetings will be required on a weekly basis to plan and coordinate the next weekly work plan, evaluate one week s work entering the look-ahead window, and identify constraints and variances. There also will be some longer sessions for additional Phase Pulls plans as phases of the work are planned and additional Make-Ready Look Ahead plans are developed within those phases. 25

28 PART II - SECTION I CONTRACT CLAUSES Clauses and Provisions Incorporated by reference (July 2011) This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: (End of clause) Organizational Conflicts of Interest (August 1997) Disclosure of Conflicts of Interest (March 2009) Cancellation, Rescission and Recovery of Funds for Illegal or Improper Activity (October 2014) Price or Fee Adjustment for Illegal or Improper Activity (October 2014) Differing Site Conditions (July 2004) Site Investigation and Conditions Affecting the Work (July 2004) Material and Workmanship (July 2004) Supervising the Contract Work (July 2004) Permits and Responsibilities (July 2004) Protecting Existing Vegetation, Structures, Equipment, Utilities, and Improvements (July 2004) Property Protection (October 2014) Operations and Storage Areas (April 2012) Cleaning Up and Roadway Maintenance (July 2004) Preventing Accidents (July 2004) Specifications, Drawings, and Material Offers (March 2009) Safety and Health (October 2014) Prohibition Against Contracting with Inverted Domestic Corporations (October 2015) Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (April 2011) Disclosure of Team Arrangements (April 2008) Fixed-Price Contracts with Economic Price Adjustment-Labor and Material (April 1996) Allowable Cost and Payment (January 2016) Limitation of Price and Contractor Obligations (April 1996) Cancellation of Items (April 1996) Award Fee (January 2004) Officials Not to Benefit (April 1996) Gratuities or Gifts (January 1999) Contingent Fees (October 1996) Anti-Kickback Procedures (October 2010) Whistleblower Protection for Contractor Employees (April 1996) Contractor Code of Business Ethics and Conduct (April 2010) Display of Hotline Poster(s) (April 2008) Payments under Fixed-Price Construction Contracts (April 1996) 26

29 27 DTFANM-16-R Payments under Time-and-Materials and Labor-Hour Contracts (May 2001) Limitation on Withholding of Payments (May 1997) Interest (September 2009) Availability of Funds (April 2014) Prompt Payment for Construction Contracts (September 2009) Providing Accelerated Payment to Small Business Subcontractors (October 2012) Progress Payments (November 2000) Alternate I Progress Payments (November 1997) Payment by Electronic Funds Transfer- System for Award Management (August 2012) Funding - Time-and-Materials and Labor-Hour Contracts (January 2015) FAA Cost Principles (January 2016) Performance Bond Requirements (October 2010) Payment Bond Requirements (April 1996) Additional Bond Security (April 1996) Notice to Proceed (April 1996) Insurance - Work on a Government Installation (July 1996) Insurance (July 1996) Taxes - Contracts Performed in U.S. Possessions or Puerto Rico (October 1996) Federal, State, and Local Taxes - Fixed Price Contract (April 2013) Notice of Total Small Business Set-Aside (January 2010) Limitations on Subcontracting (October 2011) Mentor Protégé Program (April 2014) Contract Work Hours and Safety Standards Act-Overtime Compensation (January 2012) Convict Labor (April 1996) Equal Opportunity (August 1998) Equal Opportunity for Veterans (January 2011) Affirmative Action for Workers With Disabilities (October 2010) Notice to the Government of Labor Disputes (April 1996) Davis Bacon Act (October 2010) Withholding-Labor Violations (April 1996) Payrolls and Basic Records (April 2011) Apprentices, Trainees, and Helpers (October 2010) Subcontracts (Labor Standards) (October 2010) Certification of Eligibility (April 1996) Service Contract Act of 1965, as Amended (October 2014) Prevention of Sexual Harassment (August 1998) Trafficking in Persons (October 2015) Refrigeration Equipment and Air Conditioners (April 2009) Recycle Content and Environmentally Preferable Products (April 2009) Use Of Environmentally Preferable Products (July 2013) Drug Free Workplace (March 2009) Efficiency in Energy-Consuming Products (July 2013) Efficiency in Water Consuming Products (July 2013) Delivery of Electronic and Paper Documents (October 2014) Asbestos NESHAP Compliance (October 2015) Buy American - Steel and Manufactured Products (July 2010)

30 Restrictions on Certain Foreign Purchases (January 2010) Privacy Act Notification (October 1996) Privacy Act (May 1997) Contract Disputes (October 2011) Protest After Award (August 1997) Notice of Intent To Disallow Costs (April 1996) Penalties for Unallowable Costs (October 1996) Bankruptcy (April 1996) Suspension of Work (September 1998) Changes - Time and Materials or Labor Hours (April 1996) Changes-Construction, Dismantling, Demolition, or Removal of Improvements (July 1996) Changes and Changed Conditions (April 1996) Novation and Change-Of-Name Agreements (October 2007) Contractor Performance Assessment Reporting System (April 2013) Subcontracts (Fixed-Price Contracts) (April 1996) Subcontracts (Time-and-Materials and Labor-Hour Contracts) (April 1996) Definitions (April 2012) Government Property - Basic Clause (October 2014) Government Industry Data Exchange Program (GIDEP) (January 2002) Contractor and Subcontractor Compliance with Fastener Act (November 1997) Termination for Convenience of the Government (Fixed Price) (October 1996) Termination (Cost-Reimbursement) (October 2014) Alternate IV Termination (Cost-Reimbursement) (January 2015) Default (Fixed Price Construction) (October 1996) Excusable Delays (October 1996) Seat Belt Use by Contractor Employees (October 2001) Plain Language (July 2006) Contractor Policy to Ban Text Messaging While Driving (January 2011) Reporting Executive Compensation and First-Tier Subcontract Awards (October 2012) Foreign Nationals as Contractor Employees (April 2014) Requirements for Certified Cost or Pricing Data or Other Information - Modifications (July 2010) (a) When there are price adjustments in the contract, the Contractor (you, your) must submit the following: (1) A certificate of current cost or pricing data (CCCPD) described in paragraph (e), or (2) For non-certified current cost or pricing data (CPD), a request for an exception to CCCPD. You must request this exception from the CO in writing with the following types of information or data that would establish the reasonableness of the prices you offer: (i) Information on an exception you received on earlier or repetitive acquisitions; (ii) Catalog price information including: 28

31 (A) A dated catalog with the prices; (B) The applicable catalog pages; or (C) A statement that the catalog is on file in the contracts office that will issue this contract modification; (iii) Information on the current discount policies and price lists (published or unpublished), for example wholesale, original equipment manufacturer, and reseller; (iv) Evidence of substantial sales to the general public for catalog items that exceed [Contracting Officer (CO) to insert extended value - not unit price]. Your evidence may consist of verifiable records such as a sales order, contract, shipment, invoice, actual recorded sales; or sales by your affiliates, other manufacturers or vendors when your price proposal is based on sales of essentially the same commercial item. You must also explain the relationship of the offered price to the (1) established catalog price, or (2) the price of recent and substantial sales of similar quantities of the items that were sold to the general public at prices that differ from catalog or list prices; (v) The basis for the market price including: (A) The source, date or period of the market quotation; (B) Any other basis for the market price, the base amount, and applicable discounts; (C). The nature of the market for the supply or service you are offering (should be the same as or similar to the market price supply or service); or (D) Data supporting substantial sales to the general public. (vi) Laws or regulations that establish your offered prices. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of a controlling document that you did not previously submit to the contracting office; (vii) Information on modifications of contracts or subcontracts for commercial items that relate to the offered price, as follows: (A) If you received an exception based on adequate price competition, catalog or market prices of commercial items, or prices set by law or regulation under the original contract or subcontract, and this modification is not covered by these exceptions, you must provide information to establish that the modification would not change the contract or subcontract from one for a commercial item to one for a non-commercial item; (B) For commercial items, you may provide information on selling prices of the same item or similar items in the commercial market; and (viii) Any other information the CO requests to support your request for an exception or to conclude that your price is fair and reasonable. (b) You give the CO the right to examine books, records, documents, or other directly pertinent records to verify your request for an exception under this clause or the reasonableness of price at any time before award. (c) The CO will not require you to provide access to cost or price information or other data that apply to 29

32 prices offered in the catalog or marketplace. (d) Submitting information to qualify for an exception does not mean that this is the only exception that may apply. (e) You must submit under paragraph (a): CERTIFICATE OF CURRENT COST OR PRICING DATA I certify that, to the best of my knowledge and belief, the cost or pricing data we submit, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative to support [*] are accurate, complete, and current as of [**]. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the us and the Government that are part of the proposal. [Contractor insert the following information.] Firm Signature Name Title Date of execution [*** ] *Contractor identify the proposal, request for price adjustment, or other submission involved, giving the appropriate identifying number (for example, SIR No.) ** Contractor insert the day, month, and year when price negotiations were concluded and price agreement was reached or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to the date of a price agreement. *** Contractor insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the parties agreed on the contract price. (End of certificate) (End of clause) Performing Work (July 2004) The Contractor (you) must perform, using your own organization, work equivalent to at least of 15% percent of the total amount of work under the contract on the site. The CO may modify this contract to reduce this percentage if you request a reduction and the CO determines that it would be to the Government's advantage to do so. (End of clause) Alternate I Property Protection (July 2009) 30

33 (h) Managing and disposing of hazardous wastes and materials may expose the Contractor (you) and FAA (we) to short- and long-term liabilities. To reduce these possible liabilities you must be fully aware of the hazards and regulatory requirements associated with the hazardous materials involved in this project. You must use qualified personnel to handle and transport hazardous materials. (i) Before commencing work, you must: (1) Do an environmental assessment of the work the contract requires, identifying tasks which involve using, handling or transporting hazardous materials or wastes. The following work items are known to involve such substances: Vinyl asbestos floor tile. (2) Submit an environmental plan identifying and dealing with each specific task involving the wastes. The plan must be specific enough to demonstrate a thorough understanding of the environmental risks and the appropriate method for dealing with them. The plan must also list the required permits and reference the regulations that govern the activities needed to deal with the materials or wastes. (3) Meet with the CO's representatives during the preconstruction conference to discuss and to develop a mutual understanding on implementing the plan. (4) The CO may require other tasks to be added to the plan. If the CO considers your planned methods for dealing with the risks insufficient, the CO may require you to revise the plan. Work involving hazardous materials or wastes must not start until we have approved your plan. Our review of your plan does not relieve you of liability for environmental law and regulatory compliance. (End of clause) Alternate I Specifications, Drawings, and Material Offers (March 2009) (k) When you finish the work under this contract, you must provide of 1 complete reproducible sets of all shop drawings as we finally approve them. These drawings must show all changes and revisions made up to the time you finish the work and we accept it. (End of clause) Alternate I Safety and Health (July 2004) (a) Before beginning work, the Contractor (you) must: (1) Perform a hazards analysis of the work specified in this contract. Consider both the site and adjacent conditions. Identify all significant hazards. Some of the hazards you might encounter are asbestos, lead paint, falling objects, tripping hazards, hazardous energy. (2) Submit a safety plan for dealing with each specific hazard identified, whether you or FAA identified it. (3) Meet with the CO's representatives during the preconstruction conference to discuss and to develop a mutual understanding about the content and implementation of the plan. (4) The CO or her or his representatives may require other hazards to be added to the plan. If the CO determines that your planned hazard avoidance measures are insufficient, the CO or a designated representative may require you to revise the plan. You may not begin work involving identified hazards 31

34 32 DTFANM-16-R unless you have submitted adequate plans to the CO and the CO has reviewed them. This approval does not relieve you of your liability for safe performance. (End of clause) Commencement, Prosecution, and Completion of Work (July 2004) The Contractor (you) must (a) begin work under this contract within 1 calendar days after the date you receive the notice to proceed, (b) perform the work diligently, and (c) complete the entire work ready for use not later than March 3, The time allowed for completion must include final cleanup of the premises. (End of clause) Alternate I Starting, Performing and Completing Work (July 2004) (d) The completion date assumes that the successful offeror will receive the notice to proceed by March 3, The CO will extend the completion date by the number of calendar days after the above date that you receive the notice to proceed, except to the extent that the delay in issuing the notice to proceed results from your failure to execute the contract and give the required performance and payment bonds to FAA within the time specified. (End of clause) Incentive Price Revision-Successive Targets (October 1996) (a) General. The supplies or services identified in the "Schedule" as Items CLIN 001, CLIN 002 and CLIN 003 are subject to price revision in accordance with this clause; provided, that in no event shall the total final price of these items exceed the ceiling price of 8 million dollars ($ 8,000,000 ). The prices of these items shown in the "Schedule" are the initial target prices, which include an initial target profit of 12% percent of the initial target cost. Any supplies or services that are to be (1) ordered separately under, or otherwise added to, this contract and (2) subject to price revision in accordance with this clause shall be identified as such in a modification to this contract. (b) Definition. Costs, as used in this clause, means allowable costs in accordance with the FAA's contract cost principles in effect on the date of this contract. (c) Submitting data for establishing the firm fixed price or a final profit adjustment formula. (1) Within 15 days after the end of the month in which the Contractor has completed acceptance of the 100% design by the FAA the Contractor shall submit the following data: (i) A proposed firm fixed price or total firm target price for supplies delivered and to be delivered and services performed and to be performed. (ii) A detailed statement of all costs incurred in the performance of this contract through the end of the month specified above with sufficient supporting data to disclose unit costs and cost trends for- (A) Supplies delivered and services performed; and (B) Inventories of work in process and undelivered contract supplies on hand (estimated to the extent

35 necessary). (iii) An estimate of costs of all supplies delivered and to be delivered and all services performed and to be performed under this contract, using the statement of costs incurred plus an estimate of costs to complete performance, together with- (A) Sufficient data to support the accuracy and reliability of the estimate; and (B) An explanation of the differences between this estimate and the original estimate used to establish the initial target prices. (2) The Contractor shall also submit, to the extent that it becomes available before negotiations establishing the total firm price are concluded- (i) Supplemental statements of costs incurred after the end of the month specified in subparagraph (1) above for- (A) Supplies delivered and services performed; and (B) Inventories of work in process and undelivered contract supplies on hand (estimated to the extent necessary); and (ii) Any other relevant data that the Contracting Officer may reasonably require. (3) If the Contractor fails to submit the data required by subparagraphs (1) and (2) above within the time specified and it is later determined that the Government has overpaid the Contractor, the Contractor shall repay the excess to the Government immediately. Unless repaid within 30 days after the end of the data submittal period, the amount of the excess shall bear interest, computed from the date the data were due to the date of repayment, at the rate established in accordance with the "Interest" clause. (d) Establishing firm fixed price or final profit adjustment formula. Upon the Contracting Officer's receipt of the data required by paragraph (c) above the Contracting Officer and the Contractor shall promptly establish either a firm fixed price or a profit adjustment formula for determining final profit, as follows: (1) The parties shall negotiate a total firm target cost, based upon the data submitted under paragraph (c) above. (2) If the total firm target cost is more than the total initial target cost, the total initial target profit shall be decreased. If the total firm target cost is less than the total initial target cost, the total initial target profit shall be increased. The initial target profit shall be increased or decreased by 50% percent of the difference between the total initial target cost and the total firm target cost. The resulting amount shall be the total firm target profit; provided, that in no event shall the total firm target profit be less than 8% percent or more than 16% percent of the total initial target cost. (3) If the total firm target cost plus the total firm target profit represent a reasonable price for performing that part of the contract subject to price revision under this clause, the parties may agree on a firm fixed price, which shall be evidenced by a contract modification signed by the Contractor and the Contracting Officer. (4) Failure of the parties to agree to a firm fixed price shall not constitute a dispute under the "Disputes" clause. If agreement is not reached, or if establishment of a firm fixed price is inappropriate, the Contractor and the Contracting Officer shall establish a profit adjustment formula under which the total 33

36 34 DTFANM-16-R final price shall be established by applying to the total final negotiated cost an adjustment for profit or loss, determined as follows: (i) If the total final negotiated cost is equal to the total firm target cost, the adjustment is the total firm target profit. (ii) If the total final negotiated cost is greater than the total firm target cost, the adjustment is the total firm target profit, less 50% percent of the amount by which the total final negotiated cost exceeds the total firm target cost. (iii) If the total final negotiated cost is less than the total firm target cost, the adjustment is the total firm target profit, plus 50% percent of the amount by which the total final negotiated cost is less than the total firm target cost. (iv) The total firm target cost, total firm target profit, and the profit adjustment formula for determining final profit shall be evidenced by a modification to this contract signed by the Contractor and the Contracting Officer. (e) Submitting data for final price revision. Unless a firm fixed price has been established in accordance with paragraph (d) above within 15 days after the end of the month in which the Contractor has delivered the last unit of supplies and completed the services specified by item number in paragraph (a) above, the Contractor shall submit - (1) A detailed statement of all costs incurred up to the end of that month in performing all work under the items; (2) An estimate of costs of further performance, if any, that may be necessary to complete performance of all work under the items; (3) A list of all residual inventory and an estimate of its value; and (4) Any other relevant data that the Contracting Officer may reasonably require. (f) Final price revision. Unless a firm fixed price has been agreed to in accordance with paragraph (d) above, the Contractor and the Contracting Officer shall, promptly after submission of the data required by paragraph (e) above, establish the total final price, as follows: (1) On the basis of the information required by paragraph (e) above, together with any other pertinent information, the parties shall negotiate the total final cost incurred or to be incurred for the supplies delivered (or services performed) and accepted by the Government and which are subject to price revision under this clause. (2) The total final price shall be established by applying to the total final negotiated cost an adjustment for final profit or loss determined as agreed upon under subparagraph (d)(4) above. (g) Contract modification. The total final price of the items specified in paragraph (a) above shall be evidenced by a modification to this contract, signed by the Contractor and the Contracting Officer. This price shall not be subject to revision, notwithstanding any changes in the cost of performing the contract, except to the extent that- (1) The parties may agree in writing, before the determination of total final price, to exclude specific elements of cost from this price and to a procedure for subsequent disposition of these elements; and

37 (2) Adjustments or credits are explicitly permitted or required by this or any other clause in this contract. (h) Adjustment of billing prices. (1) Pending execution of the contract modification (see paragraph (e) above), the Contractor shall submit invoices or vouchers in accordance with billing prices as provided in this paragraph. The billing prices shall be the initial target prices shown in this contract until firm target prices are established under paragraph (d) above. When established, the firm target prices shall be used as the billing prices. (2) If at any time it appears from information provided by the contractor under subparagraph (i)(1) below that the then-current billing prices will be substantially greater than the estimated final prices, the parties shall negotiate a reduction in the billing prices. Similarly, the parties may negotiate an increase in billing prices by any or all of the difference between the target prices and the ceiling price, upon the Contractor's submission of factual data showing that the final cost under this contract will be substantially greater than the target cost. (3) Any adjustment of billing prices shall be reflected in a contract modification and shall not affect the determination of any price under paragraph (d) or (f) above. After the contract modification establishing the total final price is executed, the total amount paid or to be paid on all invoices or vouchers shall be adjusted to reflect the total final price, and any resulting additional payments, refunds, or credits shall be made promptly. (i) Quarterly limitation on payments statement. This paragraph (i) shall apply until a firm fixed price or a total final price is established under subparagraph (d)(3) or (f)(2). (1) Within 45 days after the end of each quarter of the Contractor's fiscal year in which a delivery is first made (or services are first performed) and accepted by the Government under this contract, and for each quarter thereafter, the Contractor shall submit to the contract administration office (with a copy to the contracting office and the cognizant contract auditor) a statement, cumulative from the beginning of the contract, showing- (i) The total contract price of all supplies delivered (or services performed) and accepted by the Government and for which final prices have been established; (ii) The total cost (estimated to the extent necessary) reasonably incurred for, and properly allocable solely to, the supplies delivered (or services performed) and accepted by the Government and for which final prices have not been established; (iii) The portion of the total interim profit (used in establishing the initial contract price or agreed to for the purpose of this paragraph (i)) that is in direct proportion to the supplies delivered (or services performed) and accepted by the Government and for which final prices have not been establishedincreased or decreased in accordance with subparagraph (d)(4) above when the amount stated under subdivision (ii), immediately above, differs from the aggregate firm target costs of the supplies or services; and (iv) The total amount of all invoices or vouchers for supplies delivered (or services performed) and accepted by the Government (including amounts applied or to be applied to liquidate payments). (2) Notwithstanding any provision of this contract authorizing greater payments, if on any quarterly statement the amount under subdivision (1)(iv) above exceeds the sum due the Contractor, as computed in accordance with subdivisions (1)(i), (ii), and (iii) above, the Contractor shall immediately refund or credit to the Government the amount of this excess. The Contractor may, when appropriate, reduce this refund 35

38 36 DTFANM-16-R or credit by the amount of any applicable tax credits due the Contractor under 26 U.S.C and by the amount of previous refunds or credits effected under this clause. If any portion of the excess has been applied to the liquidation of payments, then that portion may, instead of being refunded, be added to the unliquidated payment account consistent with the payments clause. The Contractor shall provide complete details to support any claimed reductions in refunds. (3) If the Contractor fails to submit the quarterly statement within 45 days after the end of each quarter and it is later determined that the Government has overpaid the Contractor, the Contractor shall repay the excess to the Government immediately. Unless repaid within 30 days after the end of the statement submittal period, the amount of the excess shall bear interest, computed from the date the quarterly statement was due to the date of repayment, at the rate established in accordance with the "Interest" clause. (j) Subcontracts. No subcontract placed under this contract may provide for payment on a cost-plus-apercentage-of-cost basis. The Contractor shall- (1) Insert in each price redetermination or incentive price revision subcontract the substance of paragraph (i) above, and of this paragraph (j), modified to omit mention of the Government and to reflect the position of the Contractor as purchaser and of the subcontractor as vendor, and to omit that part of subparagraph (i)(2) above relating to tax credits; and (2) Include in each cost-reimbursement subcontract a requirement that each lower-tier price redetermination or incentive price revision subcontract contain the substance of paragraph (i) above, and of this paragraph (j), modified as required by subparagraph (j)(1), immediately above. (k) Disagreements. If the Contractor and the Contracting Officer fail to agree upon (1) a total firm target cost and a final profit adjustment formula or (2) a total final price, within 60 days (or within such other period as the Contracting Officer may specify) after the date on which the data required in paragraphs (c) and (e) above are to be submitted, the Contracting Officer shall promptly issue a decision in accordance with the "Contract Disputes" clause. (l) Termination. If this contract is terminated before the total final price is established, prices of supplies or services subject to price revision shall be established in accordance with this clause for (1) completed supplies and services accepted by the Government and (2) those supplies or services not terminated under a partial termination. All other elements of the termination shall be resolved in accordance with other applicable clauses of this contract. (m) Equitable adjustments under other clauses. If an equitable adjustment in the contract price is made under any other clause of this contract before the total final price is established, the adjustment shall be made in the total target cost and may be made in the maximum dollar limit on the total final price, the total target profit, or both. If the adjustment is made after the total final price is established, only the total final price shall be adjusted. (n) Exclusion from target price and total final price. If any clause of this contract provides that the contract price does not or will not include an amount for a specific purpose, then neither any target price nor the total final price includes or will include any amount for that purpose. (o) Separate reimbursement. If any clause of this contract expressly provides that the cost of performance of an obligation shall be at Government expense, that expense shall not be included in any target price or in the total final price, but shall be reimbursed separately. (p) Taxes. As used in the "Federal, State, and Local Taxes-Fixed Price Contract" clause or in any other

39 clause that provides for certain taxes or duties to be included in, or excluded from, the contract price, the term contract price includes the total target price or, if it has been established, the total final price. When any of these clauses requires that the contract price be increased or decreased as a result of changes in the obligation of the Contractor to pay or bear the burden of certain taxes or duties, the increase or decrease shall be made in the total target price or, if it has been established, in the total final price, so that it will not affect the Contractor's profit or loss on this contract. (End of clause) Option to Extend Services (October 2014) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule. (End of clause) System for Award Management (August 2012) (a) Definitions. As used in this clause "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. "Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4- character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts for the same parent concern. "Registered in the SAM database" means that the Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database. "System for Award Management (SAM) Database" means the primary Government repository for Contractor information required for the conduct of business with the Government. (b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The offeror shall enter, in Representations, Certifications and Other Statements of Offerors Section of the solicitation, the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database. (c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number 37

40 38 DTFANM-16-R (i) If located within the United States, by calling Dun and Bradstreet at or via the Internet at or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (2) The offeror should be prepared to provide the following information: (i) Company legal business. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company Physical Street Address, City, State, and ZIP Code. (iv) Company Mailing Address, City, State and ZIP Code (if different from physical street address). (v) Company Telephone Number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) If the offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer may proceed to award to the next otherwise successful registered offeror. (e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. (f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in AMS Procurement Guidance, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to: (A) change the name in the SAM database; (B) comply with the requirements of AMS regarding novation and change-of-name agreements; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide the Contracting Officer with the notification, sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(c) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims. Assignees

41 shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at (End of Clause) Employment Reports on Veterans (January 2011) (a) Unless the contractor is a State or local government agency, the contractor must report at least annually, as required by the Secretary of Labor, on: (1) The total number of employees in the contractor's workforce, by job category and hiring location, who are disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans, (2) The total number of new employees hired during the period covered by the report, and of the total, the number of disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans; and (3) The maximum number and minimum number of employees of the Contractor or subcontractor at each hiring location during the period covered by the report. (b) The above items must be reported by completing the form titled 'Federal Contractor Veterans' Employment Report VETS-100A.' (c) Reports shall be submitted no later than September 30 of each year. (d) The employment activity report required by paragraph (a)(2) of this clause must reflect total hires during the most recent 12-month period as of the ending date selected for the employment profile report required by paragraph (a)(1) of this clause. Contractors may select an ending date: (1) As of the end of any pay period during the period January through March 1st of the year the report is due, or (2) as of December 31, if the contractor has previous written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard Form 100). (e) The count of veterans reported according to paragraph (a) of this clause must be based on data known to the contractor when completing the VETS-100A..The Contractor's knowledge of veterans status may be obtained in a variety of ways, including an invitation to applicants to self-identify (in accordance with 41 CFR ), voluntary self-disclosure by employees, or actual knowledge of veteran status by the contractor. This paragraph does not relieve the employer of liability for a determination under 38 U.S.C (f) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. (End of clause) Affirmative Action Compliance Requirements for Construction (October 2010) 39

42 (a) Definitions. (1) "Employer identification number," as used in this clause, means the last four digits of the Federal Social Security number used on the employer's quarterly federal tax return, U.S. Treasury Department Form 941. (2) "Minority," as used in this clause, means (i) Black (all persons having origins in any of the black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). (b) If the Contractor, or a subcontractor at any tier, subcontracts a portion of the work involving any construction trade, each such subcontract in excess of $10,000 shall include this clause, including the goals for minority and female participation stated herein. (c) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as follows: Goals for minority participation: 6.0 Goals for female participation: 6.9 Compliance with the goals will be measured against the total work hours performed. (d) The Contractor shall provide written notification to the Office of Federal Contract Compliance Programs (OFCCP) area office within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this screening information request. The notification shall list the: (1) Name, address, and telephone number of the subcontractor, (2) Employer identification number of the subcontractor; (3) Estimated dollar amount of the subcontract; (4) Estimated starting and completion dates of the subcontract; and (5) Geographical area in which the subcontract is to be performed. (e) The Contractor shall implement the affirmative action procedures in subparagraphs (f)(1) through (7) of this clause. The goals stated in this contract are expressed as percentages of the total hours of employment and training of minority and female utilization that the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. If the contractor 40

43 41 DTFANM-16-R performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for the geographical area where that work is actually performed. The Contractor is expected to make substantially uniform progress toward its goals in each craft. (f) The contractor shall take affirmative action steps at least as extensive as the following: (1) Ensure a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities where the Contractor's employees are assigned to work. The Contractor, if possible, will assign two or more women to each construction project. The Contractor shall ensure foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at these sites or facilities. (2) Immediately notify the OFCCP area office when the union or unions, with which the Contractor has a collective bargaining agreement, has not referred back to the Contractor a minority or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (3) Develop on-the-job training opportunities and/or participate in training programs for the area that expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under subparagraph (f)(2) above. (4) Review, at least annually, the Contractor's equal employment policy and affirmative action obligations with all employees having responsibility for hiring, assignment, layoff, termination, or other employment decisions. Conduct reviews of this policy with all on-site supervision, personnel prior to initiation of construction work at a job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (5) Disseminate the Contractor's equal employment policy externally by including it in any advertising in the news media, specifically including minority and female news media. Provide written notification to, and discuss this policy with, other Contractors and subcontractors with which the Contractor does or anticipates doing business. (6) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities. Encourage these employees to seek or to prepare for, through appropriate training, etc., opportunities for promotion. (7) Maintain a record of solicitations for subcontracts for minority and female construction contractors and suppliers, including circulation of solicitations to minority and -female contractor associations and other business associations. (g) The Contractor is encouraged to participate in voluntary associations that may assist in fulfilling one or more of the affirmative action obligations contained in subparagraphs (f)(1) through (7). The efforts of a contractor association, joint contractor-union, contractor-community, or similar group of which the contractor is a member and participant, may be useful in achieving one or more of its obligations under subparagraphs (f)(1) through (7). (h) A single goal for minorities and a separate single goal for women shall be established. The Contractor is required to provide equal employment opportunity and to take affirmative action for all

44 minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of Executive Order 11246, as amended, if a particular group is employed in a substantially disparate manner. (i) The contractor shall not use goals or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. (j) The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts under Executive Order 11246, as amended. (k) The Contractor shall carry out such sanctions and penalties for violation of this clause and of the Nondiscrimination and Affirmative Action clause, including suspension, termination, and cancellation of existing subcontracts, as may be imposed or ordered under Executive Order 11246, as amended, and its implementing regulations, by the OFCCP. Any failure to carry out these sanctions and penalties as ordered shall be a violation of this clause and Executive Order 11246, as amended. (l) Nothing contained herein shall be construed as a limitation upon the application of other laws that establish different standards of compliance. (End of clause) Employment Eligibility Verification (September 2009) (a) Definitions: "Employee assigned to the contract" means an employee who was hired after November 6, 1986, who is directly performing work, in the United States, under a contract that is required to include the Employment Eligibility Verification clause. An employee is not considered to be directly performing work under a contract if the employee-- (1) Normally performs support work, such as indirect or overhead functions; and (2) Does not perform any substantial duties applicable to the contract. "Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders. "Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor. "United States", as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands. (b) Enrollment and verification requirements. (1) If the Contractor is not enrolled as a Federal Contractor in Department of Homeland Security's Employment Eligibility Verification system ("E-Verify") at time of contract award, the Contractor shall-- (i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award; (ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and 42

45 (iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee's assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section). (2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of-- (i) All new employees. (A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or (B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or (ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 calendar days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section). (3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2), respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract. (4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986, rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986, within 180 calendar days of-- (i) Enrollment in the E-Verify program; or (ii) Notification to E-Verify Operations of the Contractor's decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU). (5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU. (i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor's MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official by the terminating agency. (ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the Contractor is suspended or debarred as a result of the MOU termination, the contractor is not eligible to participate in E-Verify during the period of its suspension or debarment. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify. (c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: (d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee-- 43

46 (1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program; (2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or (3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors. (e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for identification of the parties), in each subcontract that is for Noncommercial services or construction with a value greater than $3,000 and includes work that is performed inside of the United States Hazardous Material Identification and Material Safety Data (April 2009) (a) Hazardous material, as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract). (b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract. Material (If none, insert None) Identification No. (c) The apparently successful offeror, by acceptance of the contract, certifies that the list in paragraph (b) of this clause is complete. This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous. (d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR (g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award. (e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause or the certification submitted under paragraph (c) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data. (f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property. (g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material. 44

47 45 DTFANM-16-R (h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows: (1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to- (i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials; (ii) Obtain medical treatment for those affected by the material; (iii) Have others use, duplicate, and disclose the data for the Government for these purposes. (2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data. (3) The Government is not precluded from using similar or identical data acquired from other sources. (i) Except as provided in paragraph (i)(2) the Contractor shall prepare and submit a sufficient number of Material Safety Data Sheets (MSDS's), meeting the requirements of 29 CFR (g) and the latest version of Federal Standard No. 313, for all hazardous materials identified in paragraph (b) of this clause. (1) For items shipped to consignees, the Contractor shall include a copy of the MSDS with the packing list or other suitable shipping document which accompanies each shipment. Alternatively, the Contractor is permitted to transmit MSDS's to consignees in advance of receipt of shipments by consignees, if authorized in writing by the Contracting Officer. (2) For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer supply centers, the Contractor shall provide one copy of the MSDS's in or on each shipping container. If affixed to the outside of each container, the MSDS must be placed in a weather resistant envelope. (End of clause) Asbestos - Free Construction (April 2009) (a) In performing this contract, the Contractor shall not use asbestos or asbestos-containing building materials during construction, renovation, and/or modernization of this facility and shall provide to the Contracting Officer (CO) a signed statement prior to payment of the final invoice indicating that to the best of its knowledge, no asbestos or asbestos-containing building materials were used during construction, renovation, and/or modernization of this facility. The Contractor's certification under this clause is considered to be a material requirement of the contract and the FAA may withhold payment pending submittal and receipt of an acceptable certification. (b) The FAA CO may authorize sample testing of contractor building materials used during construction, renovation, and/or modernization of this facility to verify that they are asbestos-free. The FAA will bear the expense of this testing unless the testing reveals that the Contractor used asbestos-containing building material in performing this contract. If asbestos-containing material is found, the Contractor shall remove and replace the asbestos-containing material and decontaminate the site of asbestos contamination caused by the Contractor at no additional cost to the Government. In addition, the Contractor shall bear the expense of the original testing and retesting to determine that the asbestos removal and site decontamination are satisfactorily completed.

48 (End of clause) Construction Waste Management (April 2015) (a) In performance of this contract, the Contractor must establish a program to minimize waste generation, as well as recycle, reuse, and salvage construction and demolition (C&D) debris generated to the maximum extent possible. The contractor must divert at least 50 percent weight of the total nonhazardous solid waste generated by the work from landfills and incinerators. Before commencing work, the Contractor must submit a Waste Management Plan to the Contracting Officer within15 days after contract award prior to the start of construction activities. This plan must address the following: (1) General: Provide an overall strategy for managing C&D debris associated with the project. (2) Waste Identification: Indicate anticipated types and quantities by weight of demolition, site-clearing and construction waste generated by the Project. Include estimated quantities by weight and assumptions for estimates. A site assessment may be necessary to estimate the types of materials that will be generated during construction and/or demolition. If a site visit is needed, the contractor must notify the FAA of this as soon as possible, with the FAA arranging in turn for the contractor site visit to take place as soon as possible. (3) Waste Reduction Work Plan: List each type of waste and whether it will be salvaged, recycled, or disposed of in landfill or incinerator. Include points of waste generation, estimated total weight of each type of waste, final disposition for each waste type, and handling and transportation procedures. (4) Salvaged Materials: For each type of material that is salvaged or recycled, describe the type of material, source, estimated quantity, and receiving entity. Include names, addresses, and telephone numbers for the receiving individuals and/or organizations. (5) Disposed Materials: Indicate how and where materials will be disposed of. Include name, address, and telephone number of each landfill and incinerator facility. (6) Handling and Transportation Procedures: Include method that will be used for separating recyclable waste including sizes of containers, container labeling, and designated location on Project site where materials separation will be located. (b) This plan must be found acceptable by the FAA Contracting Officer's Representative (COR) or the COR's designated representative prior to the contractor receiving a Notice-to-Proceed. The plan's acceptability will be promptly determined by the FAA based on the knowledge of the site(s) covered under the Plan. The contractor must implement the approved Waste Management Plan during the term of the contract. (c) The Contractor must document all C&D disposal and diversion efforts and submit a Waste Diversion Summary Report to the Contracting Officer and COR monthly. A copy of the report must also be submitted to the EOSH Services construction waste management address at 9-AJW- [email protected]. The monthly Construction and Demolition Report must contain the following information: (1) Project title, name of company completing report, and dates of period covered by report. (2) The total quantity by weight (in tons) of waste generated from the project. 46

49 (3) The total quantity by weight (in tons) of construction waste material landfilled from the project, the identity of the landfill, the total amount of tipping fees paid, transportation costs (if separate) and the total disposal cost. Attach manifests, weight tickets, receipts, and invoices as applicable. (4) The total quantity by weight (in tons or cubic yards) of each material type recycled, reused, or salvaged from the project, the date removed from the jobsite, the receiving party, the transportation costs, the amount of any money paid or received for the recycled or salvaged material, and the net total cost or savings of salvage or recycling each material. Attach manifests, weight tickets, receipts, and invoices as applicable. (5) The Contractor must ensure that facilities used for recycling, reuse, and disposal are authorized for the intended use to the required extent by federal, state, and local regulations. (d) If the value of this contract when awarded is less than $100,000, this clause does not take effect in this contract. (End of Clause) Buy American Act - Construction Materials (October 2014) (a) The Buy American Act (41 U.S.C. Â Â ) and Executive Order No , dated December 17, 1954, as amended, provide that the Government give preference to domestic construction material. The restrictions of the Buy American Act do not apply when FAA determines use of a particular domestic construction material: (i) would unreasonably increase the cost; (ii) would be impracticable; or (iii) is not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality. This restriction also does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: None (b) Definitions: (1) "Components," as used in this clause, means those articles, materials, and supplies incorporated directly into construction materials. (2) "Construction material," as used in this clause, means an article, material, or supply brought to the construction site for incorporation into the building or work. Construction material also includes an item brought to the site pre-assembled from articles, materials or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, which are discrete systems incorporated into a public building or work and which are produced as a complete system, shall be evaluated as a single and distinct construction material regardless of when or how the individual parts or components of such systems are delivered to the construction site. (3) "Domestic construction material," as used in this clause, means (i) an unmanufactured construction material mined or produced in the United States, or (ii) a construction material manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as the construction materials determined to be unavailable shall be treated as domestic. 47

50 (c) The Contractor agrees that only domestic construction material must be used by the Contractor, subcontractors, material men, and suppliers in the performance of this contract, except for foreign construction materials, if any, listed in this contract. (d) Request for determination of inapplicability of the Buy American Act: (1) Any Contractor request to use foreign construction material in accordance with paragraph(a) of this clause must include adequate information for Government evaluation of the request, including: (i) A description of the foreign and domestic construction materials; (ii) Unit of measure; (iii) Quantity; (iv) Price; (v) Time of delivery or availability; (vi) Location of the construction project; (vii) Name and address of the proposed supplier; and (viii) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (a) of this clause. A request based on unreasonable cost must include a reasonable survey of the market and a completed price comparison table in the format of paragraph (4) below. The price of construction material must include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued). Any Contractor request for a determination submitted after contract award must explain why the Contractor could not reasonably have foreseen the need for such a determination and could not have requested the determination before contract award. If the Contractor does not provide a satisfactory explanation, the Contracting Officer need not make a favorable determination. (2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. (3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act (4) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor must include the following information and any applicable supporting data based on the survey of suppliers: FOREIGN AND DOMESTIC MATERIAL PRICE COMPARISON Construction Material Unit of Measure Quantity Price ($)* 48

51 Item 1 Foreign Construction Material Domestic Construction Material Item 2 Foreign Construction Material Domestic Construction Material (List name, address, phone number, and contact for supplier surveyed. Attach copy of response, if oral, attach summary) *Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued). (End of clause) Subcontracts (Cost-Reimbursement and Ceiling Priced Contracts) (October 1996) (a) Subcontract, as used in this clause, includes but is not limited to purchase orders, and changes and modifications to purchase orders. The Contractor shall notify the Contracting Officer reasonably in advance of entering into any subcontract if: type; (1) The proposed subcontract is of the cost-reimbursement, time-and-materials, or labor-hour (2) The proposed subcontract is fixed-price and exceeds either $100,000 or 5 percent of the total estimated cost of this contract; (3) The proposed subcontract has experimental, developmental, or research work as one of its purposes; or (4) This contract is not a facilities contract and the proposed subcontract provides for the fabrication, purchase, rental, installation, or other acquisition of special test equipment valued in excess of $25,000 or of any items of facilities. (b) (1) In the case of a proposed subcontract that (i) is of the cost-reimbursement, time-and-materials, or labor-hour type and is estimated to exceed $25,000, including any fee, (ii) is proposed to exceed $100,000, or (iii) is one of a number of subcontracts with a single subcontractor, under this contract, for the same or related supplies or services that, in the aggregate, are expected to exceed $100,000, the advance notification required by paragraph (a) above shall include the information specified in subparagraph (2) below. (2) (i) A description of the supplies or services to be subcontracted. (ii) Identification of the type of subcontract to be used. (iii) Identification of the proposed subcontractor and an explanation of why and how the proposed subcontractor was selected, including the competition obtained. 49

52 (iv) The proposed subcontract price and the Contractor's cost or price analysis. (v) The subcontractor's current, complete, and accurate cost or pricing data and Certificate of Current Cost or Pricing Data, if required by other contract provisions. (vi) The subcontractor's Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract. (vii) A negotiation memorandum reflecting- (A) The principal elements of the subcontract price negotiations; prices; (B) The most significant considerations controlling establishment of initial or revised (C) The reason cost or pricing data were or were not required; (D) The extent, if any, to which the Contractor did not rely on the subcontractor's cost or pricing data in determining the price objective and in negotiating the final price; (E) The extent to which it was recognized in the negotiation that the subcontractor's cost or pricing data were not accurate, complete, or current; the action taken by the Contractor and the subcontractor; and the effect of any such defective data on the total price negotiated; (F) The reasons for any significant difference between the Contractor's price objective and the price negotiated; and (G) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered. (c) The Contractor shall obtain the Contracting Officer's written consent before placing any subcontract for which advance notification is required under paragraph (a) above. However, the Contracting Officer may ratify in writing any such subcontract. Ratification shall constitute the consent of the Contracting Officer. (d) If the Contractor has an approved purchasing system and the subcontract is within the scope of such approval, the Contractor may enter into the subcontracts described in subparagraphs (a)(1) and (a)(2) of this clause without the consent of the Contracting Officer. (e) Even if the Contractor's purchasing system has been approved, the Contractor shall obtain the Contracting Officer's written consent before placing subcontracts identified below: Mechanical Subcontractor Electrical Subcontractor (f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting Officer to any subcontract nor approval of the Contractor's purchasing system shall constitute a determination: 50

53 (1) of the acceptability of any subcontract terms or conditions, (2) of the allowability of any cost under this contract, or (3) to relieve the Contractor of any responsibility for performing this contract. (g) No subcontract placed under this contract shall provide for payment on a cost-plus-a-percentageof-cost basis. (h) The Contractor shall give the Contracting Officer immediate written notice of any action or suit filed and prompt notice of any claim made against the Contractor by any subcontractor or vendor that, in the opinion of the Contractor, may result in litigation related in any way to this contract, with respect to which the Contractor may be entitled to reimbursement from the Government. (i) (1)Reserved. (2) Additionally, the Contractor shall include in each cost- reimbursement subcontract under this contract a requirement that the subcontractor insert the substance of the appropriate modified subparagraph referred to in subparagraph (1) above in each lower tier price redetermination or incentive price revision subcontract under that subcontract. (j) To facilitate small business participation in subcontracting, the Contractor agrees to provide payments on subcontracts under this contract that are fixed-price subcontracts with small business concerns in conformity with the standards for customary payments, as in effect on the date of this contract. The Contractor further agrees that the need for such financing payments will not be considered a handicap or adverse factor in the award of subcontracts. (k) The Government reserves the right to review the Contractor's purchasing system. (End of clause) Contractor Personnel Suitability Requirements (October 2015) 1. No contractor employee, subcontractor, or consultant will be granted unescorted access without possessing a valid FAA Identification Card. 2. Consistent with FAA Order , the FAA Servicing Security Element (SSE) must approve designated risk levels for the positions under the contract. Critical-Sensitive 3. For all contractor employees, subcontractors, or consultants requiring a FAA Identification Card, the contractor will: a. Submit to the SSE a point of contact (POC) who will enter applicant data into the Vendor Applicant Process (VAP) system (vap.faa.gov) b. The Contractor's VAP POC is responsible for entering all contractor employee information into the system. 51

54 4. Authorization for the contractor to begin work will be an interim or final suitability notification from the SSE. 5. If an employee has had a previous U. S. Government conducted background investigation which meets, at the minimum, the investigative requirements FAA Order and Federal Information Processing Standards Publication 201 (FIPS-201) series, it will be accepted by the FAA. However, the FAA reserves the right to conduct further investigations, if necessary. a. If a prior investigation exists and there has not been a two-year break in service by the applicant, the SSE will notify the contractor that no investigation is required and that final suitability is approved. b. The contract may include positions that are temporary, seasonal, or under escort only as defined by FAA Order [In such cases, an OPM Position Designation Tool (PD Tool) for each specific position will be established as the minimum investigative requirements may differ from the NACI.] 6. If no previous investigation exists, the SSE will: a. Send the applicant an (this step may be delegated to VAP POC) stating that no previous investigation exists and the applicant must complete a form through the Electronic Questionnaires for Investigations Processing (eqip) system; b. Instruct the applicant how to enter and complete the eqip form; c. Provide where to send/fax signature and release pages and other applicable forms; d. Provide instructions regarding fingerprinting. e. The applicant must complete the eqip form and submit other required material within 15- calendar-days of receiving the from the SSE. f. For items to be submitted outside eqip, the contractor must submit the required information, referencing the contract number, as follows: For Headquarters Contracts: Manager, Contractor Operations Branch, AIN Independence Avenue, S.W., Room 315 Washington, D.C Regional and Center Contracts: FAA Northwest Mountain Regional Office, ANM-750 Attn: Chad Painter 1601 Lind Avenue SW Renton, WA The CO will provide notice to the contractor within 24-hours after receipt of a determination that the contractor or its employee has not complied with any security related contract requirements, any security related FAA Order, or if a contractor employee's conduct is objectionable or contrary to the public interest, or inconsistent with the best interest of national security. The notice will instruct the contractor 52

55 53 DTFANM-16-R to remove its employee's access to FAA premises or networks, or otherwise remedy the contractor's performance. 8. The contractor must immediately comply with the CO direction to remedy its security performance at the contractor's expense, including removing the employee from FAA premises and networks. If the contractor employee is working under an interim suitability authorization, the contractor must take appropriate action, including the removal of the contractor employee form working on this FAA contract, at their own expense. Once action has been taken, the contractor will report the action via the VAP within the timeframe prescribed in paragraph 10 of this clause. 9. No contract employee will work in a high, moderate, or low risk position unless the SSE has authorized the contractor employee to begin work. This authorization comes only in the form of an Interim or Final Suitability /letter notification from FAA/ASH/SSE. 10. The Contractor must update the VAP within twenty-four (24) hours after any contractor employee is terminated/transferred from performance on the contract. If the FAA issued the contract employee an identification card, the contractor must collect the card and return it to the SSE within five-business-days of the employee's termination or transfer. 11. Monthly, the Contractor's VAP POC will request a report within the VAP that provides a list of all contractors for each contract the POC oversees. Within twenty-four (24) hours, the Contract VAP POC must correct the VAP to address any discrepancies identified in the monthly report. 12. After coordination with the SSE, the CO may require contractor employees to submit any other security information (including additional fingerprinting) deemed reasonably necessary to protect the interests of the FAA. In this event, the contractor must provide, or cause each of its employees to provide, such security information to the SSE. 13. The contractor and/or subcontractor(s) must contact the CO, COR, SSE (Regional and/or Center Security Divisions) or AIN-420 at Headquarters within one-business-day in the event an employee is arrested (i.e., taken into custody by law enforcement for any offenses, other than minor traffic offenses) or is involved in theft of government property or the Contractor becomes aware of any information that may raise a question about the suitability of a contractor employee. 14. Failure to submit information required by this clause within the time required may be determined by the CO a material breach of the contract, and may result in suspension or revoked access to FAA assets for the Contractor's employee. 15. If subsequent to the effective date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in direct contract costs or otherwise affect any other term or condition of this contract, the contract will be subject to an equitable adjustment. 16. The contractor agrees to insert terms that conform substantially to the language of this clause, excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access and where the exceptions under FAA Order do not apply. (End of Clause) Access to FAA Systems and Government Issued Property (October 2015) 1. It may become necessary for the Government to grant access to FAA systems or issuance of government issued property to contractor employees. Prior to or upon completion or termination of the

56 work required hereunder, the contractor must return all such government issued property to the Contracting Officer's Representative (COR). 54 DTFANM-16-R When contractor employees who have been issued such items are terminated or no longer required to perform the work, or will not be accessing FAA assests for 30-calendar-days or more, the government issued property must be returned to the Government and update the employee status in the Vendor Application Process (VAP) System within 24-hours after the Contractor employee no longer needs access. 3. Improper use, possession or alteration of government issued property is subject to penalties under Title 18, USC 499, 506, 701, and In the event such government issued property is lost, stolen, or not returned, the contractor understands and agrees that the Government may, in addition to any other withholding provision of the contract, withhold $100 for each government issued property not returned. If the government issued property is not returned within 30-calendar-days from the date the withholding action was initiated, any amount so withheld must be forfeited by the contractor. 5. Access to aircraft ramp/hangar areas is authorized only to those persons displaying a flight line identification card and for vehicles, a current ramp permit issued pursuant to Title 49, Part 1542, Code of Federal Regulations. 6. The Government retains the right to inspect inventory, or audit government property issued to the contractor in connection with the contract at the convenience of the Government. Any items not accounted for, to the satisfaction of the Government, will be assumed to be lost and the provisions of section (4) of this clause apply. 7. All government issued property must be approved by the COR who will require the Contractor employee to sign a receipt for each item. Lost or stolen government issued property must immediately be reported concurrently to the Contracting Officer (CO), COR, and Chad Painter, Personnel Security Specialist, Northwest Mountain Region. 8. Each Contract employee, during all times of on-site performance at the Salt Lake City ARTCC (ZLC ARTCC) must prominently display his/her current and valid FAA Identification card on the front portion of his/her body between the neck and waist. Each FAA Identification cardholder must not affix pins, stickers, or other decorations to the card. 9. Prior to any contractor employee obtaining a FAA Identification Card or other government property, IAW FAA Order the contractor is required to: a. Enter data for each employee into the VAP as described in AMS clause , Contractor Personnel Suitability Requirements. b. SSE will determine whether final suitability can be granted due to: i. Existence of a previous investigation, or: ii. Initiate the contractor applicant into the Electronic Questionnaires for Investigations Processing (eqip) system so that the applicant can complete the investigative forms. c. Interim suitability cannot be granted until the eqip form is completed, and fingerprints and signature pages are submitted to the SSE.

57 d. Authorization for the contractor employee to begin work will be an Interim or Final Suitability notification from the SSE. 10. To obtain a FAA Identification Card, IAW FAA Order Contractor employee must: a. Submit an identification Card Application (DOT 1681) using the automated system located at The application must be approved by the CO or to the COR. The contractor employee will be notified when the identification card application has been approved and is ready for processing by the FAA Identification Card issuer (e.g., PIV Administrator). c. The contractor must contact the SSE to obtain the procedures for obtaining their FAA Identification Card. 11. The contractor is responsible for ensuring final out-processing is accomplished for all departing contractor employees: a. Final out-processing must be accomplished by close of business the final workday of the contractor employee. b. The COR must be notified in writing and ensure that all government issued property is returned to the COR. c. VAP is updated within twenty-four (24) hours for the departing employee. (End of Clause) 55

58 PART III - SECTION J LIST OF ATTACHMENTS Construction Specifications for Chiller/Cooling Tower Modernization...Attachment #1 Construction Drawings (as an attachment to the specifications) Attachment #1a Construction Specifications Control Wing Basement Modernization.Attachment #2 Construction Drawings (as an attachment to the specifications) Attachment #2a Service Contract Act Wage Rates for Utah Statewide.Attachment # Revision No. 17, dated 12/29/2015 Davis-Bacon Wage Rates.Attachment #4 To be attached after Phase I Design Assistance portion is complete 56

59 PART IV - SECTION K REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS Clauses and Provisions Incorporated by reference (July 2011) This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: (End of clause) Prohibition on Conducting Restricted Business Operations in Sudan Certification (July 2012) Independent Price Determination (October 1996) Disclosure Regarding Payments to Influence Certain Federal Transactions (October 2010) Type of Business Organization (July 2004) By checking the applicable box, the offeror (you) represents that-- (a) You operate as [ ] a corporation incorporated under the laws of the State of, [ ] an individual, [ ] a partnership, [ ] a nonprofit organization, [ ] a joint venture or [ ] other [specify what type of organization]. (b) If you are a foreign entity, you operate as [ ] an individual, [ ] a partnership, [ ] a nonprofit organization, [ ] a joint venture, or [ ] a corporation, registered for business in. (country) (End of provision) Taxpayer Identification (July 2004) (a) Definitions. (1) "Common parent," as used in this clause, means a corporate entity that owns or controls an affiliated group of corporations that files an offeror's (you, your) Federal income tax returns on a consolidated basis, and of which you are a member. (2) "Corporate status," as used in this clause, means a designation as to whether you are a corporate entity, an unincorporated entity (for example, sole proprietorship or partnership), or a corporation providing medical and health care services. (3) "Taxpayer Identification Number (TIN)," as used in this clause, means the number the Internal Revenue Service (IRS) requires you use in reporting income tax and other returns. (b) All offerors must submit the information required in paragraphs (c) through (e) of this provision to comply with reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M and implementing regulations 57

60 issued by IRS. The FAA will use this information to collect and report on any delinquent amounts arising out of your relation with the Federal Government, under Public Law , the Debt Collection Improvement Act of 1996, Section 31001(I)(3). If the resulting contract is subject to the reporting requirements and you refuse or fail to provide the information, the Contracting Officer (CO) may reduce your payments 31 percent under the contract. (c) Taxpayer Identification Number (TIN). [ ] TIN: [ ] TIN has been applied for. [ ] TIN is not required because: [ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not leave income effectively connected with the conduct of a trade or business in the U.S. and does not have an office or place of business or a fiscal paying agent in the U.S.; [ ] Offeror is an agency or instrumentality of a foreign government; [ ] Offeror is an agency or instrumentality of a Federal, state, or local government; [ ] Other--State basis.. (d) Corporate Status. [ ] Corporation providing medical and health care services, or engaged in the billing and collecting of payments for such services; [ ] Other corporate entity [ ] Not a corporate entity [ ] Sole proprietorship [ ] Partnership [ ] Hospital or extended care facility described in 26 CFR 501(c)(3) that is exempt from taxation under 26 CFR 501(a). (e) Common Parent. [ ] A common parent does not own or control the offeror as defined in paragraph (a). [ ] Name and TIN of common parent: Name TIN (End of provision) Prohibition Against Contracting with Inverted Domestic Corporations-Representation (October 2015) (a) Definition: "Inverted Domestic Corporation" and "subsidiary" are defined in AMS clause "Contracting with Inverted Domestic Corporations." (b) The FAA is not permitted to use appropriated or otherwise made available funds for contracts with either an inverted domestic corporation or a subsidiary of an inverted domestic corporation unless the requirement is waived in accordance with applicable AMS guidance) (c)representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one. (End of Provision) 58

61 Certification Regarding Responsibility Matters (January 2010) DTFANM-16-R (a)(1) The Offeror certifies, to the best of its knowledge and belief, that (i) The Offeror and/or any of its Principals- A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have [ ] have not [ ] within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws or receiving stolen property; and (C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision a)(1) (i)(b) of this provision. (D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2) Examples- (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (b) The Offeror has [ ] has not [ ] within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) 'Principals,' for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT 59

62 CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE. (c) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (d) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this SIR. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (e) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (f) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this SIR for default. (End of provision) Certification of Registration in System for Award Management (August 2012) In accordance with Clause , System for Award Management (SAM), offeror certifies that they are registered in the SAM Database and have entered all mandatory information including the DUNS or DUNS+4 Number. Name: Title: Phone Number: (End of provision) Certification of Nonsegregated Facilities (March 2009) (a) 'Segregated facilities,' as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise. (b) By the submission of this offer, the offeror certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The offeror agrees that a breach of this certification is a violation of the "Equal Opportunity" clause in the contract. (c) The offeror further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will-- 60

63 (1) Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the "Equal Opportunity" clause; (2) Retain the certifications in the files; and (3) Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods): NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract under which the subcontractor will be subject to the "Equal Opportunity" clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). Note: The penalty for making false statements in offers is prescribed in 18 U.S.C (End of provision) Previous Contracts and Compliance Reports (May 1997) The offeror represents that--(a) It [ ] has, [ ] has not, participated in a previous contract or subcontract subject either to the "Equal Opportunity" clause of this solicitation, the clause originally contained in Section 310 of Executive Order No , or the clause contained in Section 201 of Executive Order No ; (b) It [ ] has, [ ] has not, filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (End of provision) Buy American Act Certificate (July 1996) (a) The offeror certifies that each end product, except as listed below, is a domestic end product (as defined in the clause "Buy American Act-Supplies,") and components of unknown origin are considered to have been mined, produced, or manufactured outside the United States. Excluded End Product [list as necessary] Country of Origin (b) The offeror agrees to furnish any additional information as the Contracting Officer may request to verify the above information and to evaluate the offer. Offerors may obtain from the Contracting Officer lists of articles, materials, and supplies excepted from the Buy American Act. (End of provision) Certification Regarding Steel and Manufactured Products (April 2009) 61

64 In accordance with 49 USC Section 50101, the offeror/contractor certifies that: [Check one] The steel and manufactured goods, including components and subcomponents provided in accordance with this contract are entirely produced in United States (or deemed United States produced pursuant to International Agreement) The cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components of the facility or equipment and final assembly of the facility or equipment has occurred in the United States (End of provision) Prohibition Contracting with Entities Engaging in Certain Activities or Transactions Related to Iran- Representation and Certifications (April 2013) (a) Definitions. "Person" (1) Means (i) A natural person; (ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and (iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and (2) Does not include a government or governmental entity that is not operating as a business enterprise. "Sensitive Technology" (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically (i)to restrict the flow of free, unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict the speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to Section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). (3)The offeror must any questions concerning sensitive technology to the Department of State at [email protected]. (b) Certification. Except as provided in paragraph (c) of this provision or if a waiver has been granted in accordance with AMS Iran Sanctions Guidance, by submission of its offer, the offeror (1)Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (2) Certifies that the offeror, or any other entity owned or controlled by, or person controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act of These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and 62

65 (3) Certifies that the offeror, and any other entity owned or controlled by, or person controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act 50 USC 1701 et. seq. (see the Department of the Treasury's Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons List on their website). (c) The certification requirement of paragraph (b) of this provision does not apply if the acquisition is subject to the trade-related acts in AMS Trade Agreements Guidance. (End of provision) Contractor Identification Number - Data Universal Numbering System (DUNS) Number (August 2012) (a) Definitions. As used in this clause "Contractor Identification Number," as used in this provision, means "Data Universal Numbering System (DUNS) number, which is a nine-digit number assigned by Dun and Bradstreet Information Services, to identify unique business entities (taken from SAM clause) "Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4- character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer. (b) Contractor identification is essential for receiving payment and complying with statutory contract reporting requirements. Therefore, the offeror shall provide its DUNS or DUNS+4 number below. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database. DUNS OR DUNS+4 NUMBER: (c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number (i) If located within the United States, by calling Dun and Bradstreet at or via the Internet at or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (2) The offeror should be prepared to provide the following information: (i) Company legal business. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company Physical Street Address, City, State, and ZIP Code. (iv) Company Mailing Address, City, State and ZIP Code (if different from physical street address). (v) Company Telephone Number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). 63

66 (x) Company Headquarters name and address (reporting relationship within your entity). (End of provision) DTFANM-16-R

67 PART IV - SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS DTFANM-16-R Clauses and Provisions Incorporated by reference (July 2011) This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: (End of clause) False Statements in Offers (July 2004) Unnecessarily Elaborate Submittals (July 2004) Amendments to Screening Information Requests (July 2004) Submission of Information/Documentation/Offers (July 2004) Restricting, Disclosing and Using Data (July 2004) Preparing Offers (July 2004) Prospective Offeror's Requests for Explanations (March 2009) Contract Award (July 2004) Notice of Availability of Progress Payments Exclusively for Small Business Concerns (November 1997) Electronic Offers (July 2004) (a) The offeror (you) may submit responses to this SIR by the following electronic means: CD. Your offer must arrive at the place and by the time specified in the SIR. (b) Electronic offers must refer to this SIR and include, as applicable, the item or sub-items, quantities, unit prices, time and place of delivery, all representations and other information required and a statement specifying the extent of your agreement with all the FAA's (we) terms, conditions, and provisions.. (c) We may decline to consider electronic offers that do not include required information, or that reject any of the terms, conditions and provisions of the SIR. (d) We reserve the right to make award solely on the electronic offer. However, if the CO requests, you must promptly submit the complete original (hard copy) signed proposal. (e) Send your offer electronically to on a CD via mail to: FEDERAL AVIATION ADMINISTRATION WESTERN SERVICE AREA ACQUISITION GROUP ATTN: ELAINA AUDETTE, AAQ LIND AVE SW RENTON, WA (f) If you chose to send your offer electronically, we will not be responsible for any failure attributable to transmitting or receiving the offer. (End of provision) 65

68 Requirements for Certified Cost or Pricing Data or Other Information (July 2010) Offerors (you) may submit certificates of current cost or pricing data (CCCPD) or you may request an exception to this requirement. Depending on the option you use, you must submit either the CCCPD shown in paragraph (e) of clause , "Requirements for Certified Cost or Pricing Data or Information - Modifications" (the clause) or request an exception consistent with the information in the clause. Any information in the clause regarding the CCCPD or the exception that is relevant to an offer is incorporated into this provision. (End of provision) Type of Contract (April 1996) The FAA contemplates award of a Time and Materials (Phase I) line item and Fixed Price Incentive (Successive Targets) (Phase II) line item contract resulting from this Screening Information Request. (End of provision) North American Industry Classification System (NAICS) Code (January 2016) The North American Industry Classification System (NAICS) code for this procurement is: The small business size standard as defined by the Small Business Administration is the following: For NAICS codes based on annual receipts, the annual average receipts for the last three fiscal years cannot exceed $36.5 million. For NAICS codes based on the number of employees, the average number of employees over the last twelve-month period cannot exceed n/a. (End of provision) Protest (October 2011) AS A CONDITION OF SUBMITTING AN OFFER OR RESPONSE TO THIS SIR (OR OTHER SOLICITATION, IF APPROPRIATE), THE OFFEROR OR POTENTIAL OFFEROR AGREES TO BE BOUND BY THE FOLLOWING PROVISIONS RELATING TO PROTESTS: (a) Protests concerning Federal Aviation Administration Screening Information Requests (SIRs) or awards of contracts shall be resolved through the Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C and shall apply only to final agency decisions. A protestor may seek review of a final FAA decision only after its administrative remedies have been exhausted. (b) Offerors initially should attempt to resolve any issues concerning potential protests with the Contracting Officer. The Contracting Officer should make reasonable efforts to answer questions promptly and completely, and, where possible, to resolve concerns or controversies. The protest time limitations, however, will not be extended by attempts to resolve a potential protest with the Contracting Officer. (c) The filing of a protest with the ODRA may be accomplished by mail, overnight delivery, hand delivery, or by facsimile or if permitted by order of the ODRA, by electronic filing.. A protest is 66

69 considered to be filed on the date it is received by the ODRA during normal business hours. The ODRA's normal business hours are from 8:30 am to 5:00 pm Eastern Time. (d) Only an interested party may file a protest. An interested party is one whose direct economic interest has been or would be affected by the award or failure to award an FAA contract. Proposed subcontractors are not "interested parties" within this definition. (e) A written protest must be filed with the ODRA within the times set forth below, or the protest shall be dismissed as untimely: (1) Protests based upon alleged improprieties in a solicitation or a SIR that are apparent prior to bid opening or the time set for receipt of initial proposals shall be filed prior to bid opening or the time set for the receipt of initial proposals. (2) In procurements where proposals are requested, alleged improprieties that do not exist in the initial solicitation, but which are subsequently incorporated into the solicitation, must be protested not later than the next closing time for receipt of proposals following the incorporation. (3) For protests other than those related to alleged solicitation improprieties, the protest must be filed on the later of the following two dates: (i) Not later than seven (7) business days after the date the protester knew or should have known of the grounds for the protest; or (ii) If the protester has requested a post-award debriefing from the FAA Product Team, not later than five (5) business days after the date on which the Product Team holds that debriefing. (f) Protests shall be filed at: (1) Office of Dispute Resolution for Acquisition Federal Aviation Administration 800 Independence Ave., S.W. Room 323 Washington, DC Telephone: (202) Facsimile: (202) ; or (2) Other address as specified in 14 CFR Part 17. (g) At the same time as filing the protest with the ODRA, the protester shall serve a copy of the protest on the Contracting Officer and any other official designated in the SIR for receipt of protests by means reasonably calculated to be received by the Contracting Officer on the same day as it is to be received by the ODRA. The protest shall include a signed statement from the protester, certifying to the ODRA the manner of service, date, and time when a copy of the protest was served on the Contracting Officer and other designated official(s). (h) Additional information and guidance about the ODRA dispute resolution process for protests can be found on the ODRA Website at (End of provision) 67

70 L001. CONTENTS OF OFFER An offeror shall submit an offer in one (1) electronic copy on a CD and one (1) hard copy which shall include the following in two (2) separate documents: 1) BUSINESS PROPOSAL: 1a) Cover letter stating that no exceptions are taken to any specification requirements or contract terms and conditions, or a detailed summary of all exceptions taken. 1b) Signed SOLICITATION, OFFER, AND AWARD Form (SF-1442) and, if applicable, any AMENDMENTS to the RFO (SF-30) 1c) Signed Part I, Section B, PRICE SCHEDULE 1d) Part IV, Section K, REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS 1e) Part IV, Section K, Business Declaration Form 2) TECHNICAL PROPOSAL: (not to exceed 30 pages) 2a) Mandatory Qualifications. Offeror shall submit the following information demonstrating their experience with their offer. Provide information on relevant contracts that are similar in size, scope, complexity and type to the work described in this Request for Offers. Be specific and provide details for each project including: 1) Project title, description and contract number 2) Customer name (agency, company, etc.), address, phone number, and contact person 3) Relevant performance period; dates and number of calendar days. 4) Relevant dollar value. 5) Relevant size, scope, complexity and type of work performed 6) Relevant experience in subcontractor and/or supplier management 7) Relevant experience in schedule management 2b) Preferred Qualifications. Offeror shall submit the following information with their offer. Provide information on relevant contracts that are similar in size, scope, complexity and type to the work described in this Request for Offers. Be specific and provide details for each project including: 1) Collaborative delivery or integrated project experience such as use of advanced planning tools and Integrated Project Delivery (IPD). 2) Experience of key personnel of prime contractor assigned to this project, such as: Owner/president/CEO, QC manager, project manager, site engineer and superintendent. 3) Experience within the past three (3) years performing construction projects in critical operating facilities such as air traffic control facilities, data centers, hospitals and facilities with high security requirements such as military installations and correctional centers. 4) Local presence with an operations office within 50 miles of Salt Lake City limits; defined as a minimum, staffed with the QC manager and project manager. 5) Experience within the past three (3) years constructing facilities on sites with limited space and access requiring off-site staging, fabrication, and phasing of work. 68

71 2c) Financial Capability. The offeror MUST provide information to clearly demonstrate adequacy of financial resources. All submitted financial information will be considered proprietary data and will be utilized for evaluation purposes only and kept confidential. The following is applicable only if invited to the oral presentation: 3) ORAL PRESENTATION PROPOSAL: The Offeror shall submit the following on the day of the interview: 3a) One (1) copy of all media used shall be provided to the interview panel. 3b) One (1) copy of the written submission of your proposed electrical and mechanical subcontractors. L002. SUBMISSION DATE AND PLACE The due date for receipt of offers is FRIDAY, JUNE 24, 2016 at 2:00PM PACIFIC TIME. Offers shall be submitted electronically see the instructions in provision Electronic Offers and a hard copy through the U.S. Postal Service, Certified and Registered mail, Special Delivery, or U.S. Postal Express Mail shall be addressed to: FEDERAL AVIATION ADMINISTRATION WESTERN SERVICE AREA ACQUISITION GROUP ATTN: ELAINA AUDETTE, AAQ LIND AVE SW RENTON, WA L003. Hand Carried Offers, Modifications, And Withdrawals: HAND-CARRIED offers, modifications or withdrawals of offers, and modifications or withdrawals of bids, HAND DELIVERED by other types of express mail services (Commercial Carrier, e.g. Federal Express, United Parcel Service, Airborne Express, etc.) SHALL be HAND DELIVERED to: FEDERAL AVIATION ADMINISTRATION CUSTOMER SERVICE CENTER (FIRST FLOOR) WESTERN SERVICE AREA ACQUISITION GROUP ATTN: ELAINA AUDETTE, AAQ LIND AVE SW RENTON, WA THIS IS A REQUEST FOR OFFERS, THUS NO FORMAL BID OPENING WILL OCCUR AND RESULTS WILL NOT BE AVAILABLE BY TELEPHONE. DO NOT CALL FOR RESULTS! 69

72 PART IV - SECTION M EVALUATION FACTORS FOR AWARD Clauses and Provisions Incorporated by reference (July 2011) This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: (End of clause) Evaluation of Options (April 1996) Evaluation of Contractor Participation in the FAA Mentor Protégé Program (January 1999) M001. EVALUATION FACTORS FOR AWARD: This contract will use a collaborative team approach, with all involved contractors, subcontractors and FAA representatives working for the good of the project. This team will be structured to draw on the strengths of each organization, while implementing a collaborative form of construction management methods to identify and achieve goals, encourage communication, openness and trust between all parties. The objectives are effective and efficient contract performance, intended to achieve completion of the project within budget, on schedule, with minimal change orders and in accordance with the project requirements. The Government will make an award to the responsible offeror whose proposal conforms to the solicitation terms and conditions. The Government reserves the right to award on initial offers without discussions or to conduct one-on-one discussions with one or more offerors to clarify issues relating to scope, pricing and responsibility. Prospective offerors are required to submit a technical proposal as discussed herein. The FAA reserves the right to evaluate any and all available information to determine acceptability. M002. TIERED EVALUATION OF PROPOSALS: A tiered evaluation of offers will be used in this source selection. The FAA will evaluate a single tier of offers according to the order of precedence specified in this SIR. Offers from other-than small businesses will only be considered after the determination that an insufficient number of offers from responsible, small business concerns were received. At least two qualified offers in a given tier are required in order to consider an award. If no award can be made at the first tier, the evaluation will proceed to the next higher tier until award can be made. All responsible, competitive offers in a single tier will be considered equally for award. The tiered order of precedence for considering offers is (from first to last): a) Tier 1: Small businesses. b) Tier 2: Other-than small businesses and responsible, competitive offers from the previous tier (there is no set-aside clause for this business type). M003. TECHNICAL EVALUATIONS: 70

73 71 DTFANM-16-R The TECHNICAL EVALUATIONS will consist of two (2) phases, the Technical Proposal and the Oral Presentation. A prospective offeror must submit a complete proposal, which will encompass the content set forth herein. All qualification areas must be fully addressed in the proposal. A negative response is required in the event of no experience for a particular area. Any omission or partial and vague responses may lead to the removal of the offeror s proposal without discussions with offeror. Offeror bears the responsibility of explaining in detail how the comparable projects are equivalent to the experience desired by the Agency. Projects should be listed in chronological order, with recent projects first. Provide all relevant details and be thorough in demonstrating your experience of each project. Phase I: TECHNICAL PROPOSAL. Offerors are required to submit a qualifications proposal as discussed herein. Proposals will be technically evaluated as either Acceptable or Unacceptable on each of the following criteria unless stated otherwise: (1) Mandatory Qualifications (2) Preferred Qualifications (500 points total) (3) Financial capability (4) Past Performance Offerors MUST be rated acceptable on each of the mandatory qualifications to receive an invitation to Phase II of the procurement process. Preferred qualifications are not necessary for receiving an invitation to Phase II, but having those qualifications will provide additional points towards your total score. Mandatory Qualifications: 1. Successful completion of three (3) construction projects of similar size and scope as a prime contractor under a contract valued at more than $5,000, Successful completion of one (1) construction project demonstrating specialized experience installing raised floor systems greater than 1,000 square feet. 3. Successful completion of one (1) construction projects demonstrating specialized experience in asbestos abatement greater than 1,000 square feet of asbestos floor tile and 1,000 square feet of asbestos insulation. 4. Successful completion of two (2) mechanical projects demonstrating experience installing chillers AND cooling towers greater than $3,000, Successful completion of two (2) electrical projects of similar size and scope greater than $500,000. Standard for Evaluation: The standard is met when: The offeror has demonstrated all of the above mandatory qualifications with successful completion of projects similar in size and scope of this solicitation within the past three (3) years with a combination of prime and subcontractor experience. The use of subcontracted work for documentation of experience is acceptable. An Acceptable / Unacceptable rating will be given. An Acceptable rating is required for an offeror to be further evaluated under the preferred qualifications. Preferred Qualifications (500 points total)

74 72 DTFANM-16-R Collaborative delivery or integrated project experience such as advanced planning tools and Integrated Project Delivery (IPD). (150 points). Preferred Qualifications: a) Use of Pull Planning on construction projects exceeding $3 million and, b) Use of Integrated Project Delivery on construction projects exceeding $3 million. 2. Experience of key personnel of prime contractor assigned to this project, such as: Owner/president/CEO, QC manager, project manager, site engineer and superintendent. (125 points). Experience shall be of the prime contractor. Subcontractor experience cannot be used in lieu of prime contractor experience. Preferred Qualifications: a) Construction experience in excess of 10 years. b) Construction experience on projects exceeding $3 million. c) Five (5) years in the same position with their current firm. d) A submitted resume which includes relevant training, licensing, education and professional certifications for each key personnel. 3. Experience within the past three (3) years performing construction projects in critical operating facilities such as air traffic control facilities, data centers, hospitals and facilities with high security requirements such as military installations and correctional centers (100 points). 4. Local presence with an operations office within 50 miles of Salt Lake City limits; defined as a minimum, staffed with the QC manager and project manager (100 points). 5. Experience within the past three (3) years constructing facilities on sites with limited space and access requiring off-site staging, fabrication, and phasing of work. (25 points). Financial Capability The offeror MUST provide information to clearly demonstrate adequacy of financial resources. All submitted financial information will be considered proprietary data and will be utilized for evaluation purposes only and kept confidential. Documents will include as a minimum: (a) A complete set of financial statements (i.e. balance sheet, income, and cash flow statement) related to the last completed accounting period, inclusive of CPA's Audit Opinion (if applicable), and interim yearto-date financial statements if available. (b) Full disclosure of any unresolved or pending litigation actions. (c) Bank references and lines of credit. (d) Any other relevant information. Standard for Evaluation: To receive an acceptable rating, the Offeror has clearly demonstrated adequacy of financial resources required for this project. Past Performance:

75 73 DTFANM-16-R The satisfaction of the customers provided in the projects submitted under experience will be evaluated for past performance based on responses from provided references. The Government reserves the right to consider any references or items or sources to compile past performance history, including but not limited to: other listed references, other customer references, other Agency references, social media, PPIRS, etc. Other sources may be used in the calculation of a firm s relative ranking. Sources other than those provided by the Offeror for information with respect to past performance may also be consulted. These other sources may include telephone interviews, and FAA personnel with personal knowledge of the contractor s performance capability. Offerors will be provided with an opportunity to address any negative past performance information on which the Offeror has not previously had such an opportunity. The FAA will evaluate: a. Safety. b. Ability to manage project cost (i.e., minimize change orders). c. Ability to maintain project schedule (i.e., completion within allotted contract time). d. Administrative responsiveness (e.g., communication with Government, prompt payments to subcontractors, etc.). e. Ability to follow customer s rules and regulations (e.g., contract requirements, building codes, etc.). f. Overall customer satisfaction. Standard for Evaluation: To receive an acceptable rating, the offeror MUST have positive past performance history. Phase II: ORAL PRESENTATION (300 points) Only the offerors that meet all of the mandatory qualification requirements and receive an acceptable rating for past performance and financial capability will be invited to Phase II. All offerors who are not invited to Phase II will be notified by the Contracting Officer in writing. The oral presentation is an opportunity for offerors to fully demonstrate their experience, ability and willingness to formulate a cohesive, collaborative alliance with the FAA implementing integrated delivery / Lean Construction Institute methods consistently throughout the entire life of this project. The oral presentation/interviews are anticipated to start around July 2016 and will be conducted at the FAA s Salt Lake City ARTCC. The presentation shall be limited to one (1) hour broken up as follows: 30 minutes presentation, 15 minutes FAA questions and 15 minutes for wrap-up and closure. The presentation shall be limited to not more than five (5) individuals on the offeror s presentation team. The offeror may choose any form of presentation media they desire. One (1) copy of all media used shall be provided to the interview panel on the day of the interview. The offeror s presentation shall include the following: 1) Experience, understanding and readiness to use collaborative delivery/lean Construction Institute techniques and the challenges associated with this approach. 2) Approach to completing the project. 3) Approach to engaging the owner as a contract partner in previous projects. 4) Approach to overall project management and quality control measures, including means/methods for subcontractor/supplier performance management. 5) Approach for construction in a highly secure, operational and fully occupied facility. 6) A discussion regarding any unique approaches you would deploy for this project. 7) Proposed mechanical and electrical subcontractors. 8) Past performance of the mechanical and electrical subcontractors.

76 9) Resumes of key personnel for the mechanical and electrical subcontractors. Subcontractor Proposals: The success of this project will heavily rely on the relationship between the prime contractor, the subcontractors and FAA representatives from the onset of the work. As part of your oral presentation, the written identification of your proposed major subcontractors is required. If a mechanical contractor is the prime contractor then submit on the general contractor, if not self-performing the general construction. The prime contractor shall use their proposed subcontractors through the duration of the project. Any changes to the subcontractor that need to be made will require their experience, past performance and qualifications to be evaluated and approved by the Contracting Officer prior to bringing them onboard. Subcontractor Proposals will be technically evaluated as either Acceptable or Unacceptable on each of the following criteria: 1. Use supporting documentation to demonstrate the successful completion of a minimum of three (3) mechanical projects of similar size and complexity in installing chilled water plants greater than $3,000,000. Projects must include installation of chillers AND cooling towers. 2. Experience of key personnel for mechanical and electrical subcontractors teamed to this project such as: Owner/president/CEO, QC Manager, project manager, site foreman. Qualifications: a) Construction experience in excess of five (5) years for each key personnel. b) Mechanical subcontractor - Construction experience on projects exceeding subcontracted amount of $1 million for each key personnel. c) Electrical subcontractor - Construction experience on projects exceeding subcontracted amount of $1 million for each key personnel. d) Three (3) years in the same position with the current proposed firm for each key personnel. e) A submitted resume which includes relevant training, licensing, education and professional certifications for each key personnel. Past Performance of the proposed subcontractors will be evaluated upon the review of their past performance in the Past Performance Information Retrieval System (PPIRS). The Government reserves the right to use and evaluate any and all available pertinent information related to past performance history. If there is an insufficient amount of information in PPIRS, the Contracting Officer may request additional information in order to determine sufficient amount of past performance history. The proposed subcontractors shall have a positive past performance history. Offerors subcontractor proposals MUST be rated acceptable on each of the criteria to be eligible for award. Standard for Evaluation: The standard is met when: The Offeror has demonstrated their proposed subcontractors meet all of the above criteria. M004. EVALUATION OF PRICE: (300 points) The offeror shall submit pricing as prescribed in PART I SECTION B, B002 of the Request for Offers (RFO). 74

77 Each offeror is required to provide a price for each contract line item (CLIN), including the option line items. Failure to comply may result in the rejection of the subject offer. A single award shall be made. There shall be no split award. In the event that the CLIN price for any line item is materially unbalanced, the entire offer may be rejected without discussion with the offeror. The lowest total final price proposal will receive one hundred percent (100%) of the points assigned to price proposal. An offeror s unrealistic low-priced proposal may be considered as reflecting on an offeror's understanding of the project and/or risk associated with their proposal, and proposals may be eliminated from consideration based upon price alone, prior to technical evaluation. Remaining offerors will receive a deduction of the percentage difference between their proposal price extension and the price extension of the lowest proposal. For example: Offeror Price Offered Percent Difference Percentage of Points Awarded Points Awarded A $6,000, % 100% 300 B $6,330, % 94.5% C $6,900,000 15% 85% 255 The FAA s ceiling price for this project is $8M. Those offerors whose proposed prices exceed this ceiling will be considered unacceptable and therefore their proposals will be rejected from further consideration Evaluation of Options (April 1996) Except when it is determined not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of provision) M005. AWARD REVIEW AND SELECTION: Each of the criteria of the technical proposal, oral presentation and price shall be evaluated as Acceptable or Unacceptable or using points as described in each section above and is summarized below: Technical Proposal a. Mandatory Qualifications - Acceptable or Unacceptable b. Preferred Qualifications Maximum of 500 points c. Past Performance - Acceptable or Unacceptable d. Financial Capability - Acceptable or Unacceptable The FAA reserves the right to evaluate any and all available information to determine acceptability. Any proposal determined to be Unacceptable in any evaluated area, criteria, or sub-element thereof, will render the entire proposal to be unacceptable and therefore rejected from further consideration. Oral Presentation Maximum of 300 points Price Proposal - Maximum of 300 points Subcontractor Proposals - Acceptable or Unacceptable TOTAL POSSIBLE POINTS 1,100 Points Evaluation Panel: 75

78 The evaluation panel will score the written technical proposals using the evaluation criteria set forward in Section M003 above. The same panel will evaluate the oral presentations during the Oral Interview phase of the evaluation process. The evaluation panel will evaluate each area of the Preferred Qualifications and Oral Presentation using the evaluation criteria below, and will assign one of the following confidence ratings to the evaluation criteria: a) 80 to 100 Percent of Available Points = High Confidence: There is virtually no doubt that the Offeror Team will successfully perform the required effort. Little or no FAA intervention is expected to be required to meet the contract requirements. b) 60 to 79 Percent of Available Points = Significant Confidence: There is significant confidence that the Offeror Team will successfully perform the required effort. Little FAA intervention is expected to be required to meet the contract requirements. c) 40 to 59 Percent of Available Points = Confidence: There is confidence that the Offeror Team will successfully perform the required effort. Some FAA intervention is expected to be required to meet the contract requirements. d) 20 to 39 Percent of Available Points = Less Confidence: There is less confidence that the Offeror Team will successfully perform the required effort. FAA intervention is expected to be required to meet the contract requirements. e) 1 to 19 Percent of Available Points = Little Confidence: There is little confidence that the Offeror Team will successfully perform the required effort. Some FAA intervention will be required to meet the contract requirements. f) 0 to.99 Percent of Available Points = No Confidence: There is no confidence that the Offeror Team will successfully perform the required effort. Regardless of the degree of FAA intervention, successful performance is doubtful. The evaluation panel will multiply the confidence rating for each evaluation criterion by the total available points for a specific criterion. After evaluating each criterion, the total score for the preferred qualifications will be the addition of each individual calculated score. Tabulation of Evaluation Total Score: The scores for Preferred Qualifications, Oral Presentation and Price will be added together to identify the offeror with the most favorable score. A total of 1100 points is possible with the relative value of scoring in descending order of importance as follows: 500 points Preferred Qualifications 300 points Oral Presentation 300 points Price Proposal 1100 Total Possible Points The final ranked score will be determined by adding all of the points together (technical, oral and price) to determine the apparent highest ranked offeror for a Best Value award. The Government will make award to the responsible offeror whose proposal conforms to the solicitation terms and conditions, and represents the best value to the Government. The Government reserves the right to award on initial 76

79 offers without discussions or to conduct one-on-one discussions with one or more offerors to clarify statements or resolve issues relating to scope, pricing and responsibility. The Government may reject any and all proposals and waive informalities or irregularities in proposals. The Government reserves the right to use and evaluate any and all available pertinent information. The FAA reserves the right to adjust, increase, limit, suspend, or rescind any or all determination(s) based on subsequently learned information. The Government is seeking offers which provide the best combination of attributes, preferred qualifications, oral presentation and price in order to select the best value or best buy offer. Therefore, award may be made to other than the lowest priced offer. 77