**Page 1 (Front) of Model 0505 (OCT94)**

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<tbody>
<tr class="odd">
<td colspan="5"><strong>SOLICITATION, OFFER,</strong></td>
<td colspan="6">1. SOLICITATION NO.</td>
<td colspan="3">2. TYPE OF SOLICITATION</td>
<td>3. DATE ISSUED</td>
<td colspan="3">PAGE OF PAGES</td>
</tr>
<tr class="even">
<td colspan="5"><strong>AND AWARD</strong></td>
<td colspan="6">DTFAAC-08-R-57413</td>
<td colspan="3">NEGOTIATED <em><strong>(RFO)</strong></em></td>
<td>2/1/08</td>
<td colspan="3">1 of 26</td>
</tr>
<tr class="odd">
<td colspan="5"><em>(Construction, Alteration, or Repair)</em></td>
<td colspan="6"></td>
<td colspan="3"></td>
<td></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td colspan="18">IMPORTANT - THE "OFFER" SECTION ON THE REVERSE MUST BE
FULLY COMPLETED BY OFFEROR.</td>
</tr>
<tr class="odd">
<td colspan="5">4. CONTRACT NO.</td>
<td colspan="7">5. REQUISITION/PURCHASE REQUEST NO.</td>
<td colspan="6">6.PROJECT NO./WORK ORDER NO.</td>
</tr>
<tr class="even">
<td colspan="5"></td>
<td colspan="7">07-57413</td>
<td colspan="6"></td>
</tr>
<tr class="odd">
<td colspan="3">7. ISSUED BY</td>
<td colspan="2">CODE</td>
<td colspan="4"></td>
<td colspan="9">8. ADDRESS OFFER TO <em>(If other than Item 7)</em></td>
</tr>
<tr class="even">
<td colspan="9"></td>
<td colspan="9"></td>
</tr>
<tr class="odd">
<td colspan="9"><p>FAA, NAS Automation &amp; Facilities Contracting</p>
<p>Team (AMQ-210)</p></td>
<td colspan="9">FAA, Customer Service Desk (AMQ-100)</td>
</tr>
<tr class="even">
<td colspan="9">6500 South MacArthur Boulevard</td>
<td colspan="9">Room 313, Multi-Purpose Building</td>
</tr>
<tr class="odd">
<td colspan="9">P.O. Box 25082</td>
<td colspan="9">6500 South MacArthur Boulevard (Zip Code 73169)</td>
</tr>
<tr class="even">
<td colspan="9">Oklahoma City, OK 73125-4929</td>
<td colspan="9">P.O. Box 25082</td>
</tr>
<tr class="odd">
<td colspan="9"></td>
<td colspan="9">Oklahoma City, OK 73125-4933</td>
</tr>
<tr class="even">
<td colspan="9"></td>
<td colspan="9"></td>
</tr>
<tr class="odd">
<td colspan="4">9. FOR INFORMATION</td>
<td colspan="7">A. NAME</td>
<td colspan="7">B. TELEPHONE NO. <em>(Include area code) (NO COLLECT
CALLS)</em></td>
</tr>
<tr class="even">
<td colspan="4">CALL: <strong></strong></td>
<td colspan="7">Connie M. Houpt</td>
<td colspan="7">(405) 954-7820</td>
</tr>
<tr class="odd">
<td colspan="7"><h3 id="firm-fixed-price-construction">FIRM-FIXED-PRICE
CONSTRUCTION</h3></td>
<td colspan="4"><strong>SOLICITATION</strong></td>
<td colspan="7"><h3 id="replace-rcag-tower-sarasota-fl">Replace RCAG
Tower, Sarasota, FL</h3></td>
</tr>
<tr class="even">
<td colspan="18"></td>
</tr>
<tr class="odd">
<td colspan="18">11. TABLE OF CONTENTS</td>
</tr>
<tr class="even">
<td>()</td>
<td>SEC</td>
<td colspan="4">DESCRIPTION</td>
<td colspan="2">PAGE(S)</td>
<td>()</td>
<td>SEC</td>
<td colspan="6">DESCRIPTION</td>
<td colspan="2">PAGE(S)</td>
</tr>
<tr class="odd">
<td colspan="8">PART I - THE SCHEDULE</td>
<td colspan="10">PART II - CONTRACT CLAUSES</td>
</tr>
<tr class="even">
<td><strong></strong></td>
<td>A</td>
<td colspan="4">SOLICITATION/CONTRACT FORM</td>
<td colspan="2">1-1a</td>
<td><strong></strong></td>
<td>I</td>
<td colspan="6">CONTRACT CLAUSES</td>
<td colspan="2">12-18</td>
</tr>
<tr class="odd">
<td><strong></strong></td>
<td>B</td>
<td colspan="4">SUPPLIES OR SERVICES AND PRICES/COSTS</td>
<td colspan="2">2</td>
<td colspan="10">PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER
ATTACH.</td>
</tr>
<tr class="even">
<td><strong></strong></td>
<td>C</td>
<td colspan="4">DESCRIPTION/SPECS./WORK STATEMENT</td>
<td colspan="2">3</td>
<td><strong></strong></td>
<td>J</td>
<td colspan="6">LIST OF ATTACHMENTS</td>
<td colspan="2">19</td>
</tr>
<tr class="odd">
<td><strong></strong></td>
<td>D</td>
<td colspan="4">PACKAGING AND MARKING</td>
<td colspan="2">3</td>
<td colspan="10">PART IV - REPRESENTATIONS AND INSTRUCTIONS</td>
</tr>
<tr class="even">
<td><strong></strong></td>
<td>E</td>
<td colspan="4">INSPECTION AND ACCEPTANCE</td>
<td colspan="2">3-4</td>
<td><strong></strong></td>
<td>K</td>
<td colspan="6">REPRESENTATIONS, CERTIFICATIONS AND OTHER</td>
<td colspan="2"></td>
</tr>
<tr class="odd">
<td><strong></strong></td>
<td>F</td>
<td colspan="4">DELIVERIES OR PERFORMANCE</td>
<td colspan="2">5</td>
<td><strong></strong></td>
<td></td>
<td colspan="6">STATEMENTS OF OFFERORS</td>
<td colspan="2">20-22</td>
</tr>
<tr class="even">
<td><strong></strong></td>
<td>G</td>
<td colspan="4">CONTRACT ADMINISTRATION DATA</td>
<td colspan="2">6</td>
<td><strong></strong></td>
<td>L</td>
<td colspan="6">INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS</td>
<td colspan="2">23-25</td>
</tr>
<tr class="odd">
<td><strong></strong></td>
<td>H</td>
<td colspan="4">SPECIAL CONTRACT REQUIREMENTS</td>
<td colspan="2">7-12</td>
<td><strong></strong></td>
<td>M</td>
<td colspan="6">EVALUATION FACTORS FOR AWARD</td>
<td colspan="2">26</td>
</tr>
<tr class="even">
<td colspan="18">10. The Government requires performance of the work
described in these documents (Title, Identifying no., date):</td>
</tr>
<tr class="odd">
<td colspan="18"></td>
</tr>
<tr class="even">
<td colspan="18"><ol type="A">
<li><p>Statement Of Work for Sarasota RCAG Towers, 8 pages</p></li>
<li><p>Requirements for fixed ladder and ladder safety system, 1
page</p></li>
</ol>
<p><strong>A SITE VISIT WILL BE HELD ON FEBRUARY 12, 2008 AT 10:00 a.m.
AT THE SARASOTA, FL RCAG SITE. SEE SECTION L, PROVISION 3.2.2.3-63 SITE
VISIT (CONSTRUCTION), PAGE 24.</strong></p></td>
</tr>
<tr class="odd">
<td colspan="18">THE ESTIMATED PRICE RANGE OF THIS PROCUREMENT IS:
$50,000 to $75,000</td>
</tr>
<tr class="even">
<td colspan="18"><p>11. The Contractor shall begin performance within
<u>10</u> calendar days and complete it within the number of calendar
days specified in clause 3.2.2.3-71, after receiving</p>
<p>award, notice to proceed. This performance period is mandatory,
negotiable.</p></td>
</tr>
<tr class="odd">
<td colspan="13"><p>12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED
PERFORMANCE AND PAYMENT BONDS?</p>
<p><em><strong>(If "yes," indicate within how many calendar days after
award in item 12B.)</strong></em></p>
<p>YES NO</p></td>
<td colspan="5"><p>12B. CALENDAR DAYS</p>
<p>15</p></td>
</tr>
<tr class="even">
<td colspan="17">13. ADDITIONAL SOLICITATION REQUIREMENTS:</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="17">A. Sealed offers in <strong>Original</strong> and
<u><strong>NO</strong></u> copies to perform the work required are due
at the place specified in Item 8 by <u><strong>3:00 p.m</strong>.</u>
<em><strong>(hour)</strong></em> local time <strong><u>February 22,
2008</u> <em>(date)</em></strong>. If this is a sealed bid solicitation,
offers must be publicly opened at that time. Sealed envelopes containing
offers shall be marked to show the offeror's name and address, the
solicitation number, and the date and time offers are due.</td>
<td></td>
</tr>
<tr class="even">
<td colspan="17">B. An offer guarantee <span class="math inline"></span>
is, is not required. IN THE AMOUNT OF 20% OF THE offered PRICE, WHEN
PROPOSAL EXCEEDS $100,000.</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="17">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.</td>
<td></td>
</tr>
<tr class="even">
<td colspan="17"></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="17">D. Offers providing less than <u>60</u> calendar days
for Government acceptance after the date offers are due will not be
considered and will be rejected.</td>
<td></td>
</tr>
<tr class="even">
<td colspan="17"></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="17"></td>
<td></td>
</tr>
<tr class="even">
<td colspan="17">NSN 7540-01-155-3212 1442-102 <strong>STANDARD FORM
1442</strong> (REV. 4-85)</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="17">Prescribed by GSA</td>
<td></td>
</tr>
<tr class="even">
<td colspan="17">FAR (48 CFR) 53.2136-1(d)</td>
<td></td>
</tr>
</tbody>
</table>

**Page 1 (Back) of Model 0505 (OCT94)**

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<td colspan="19"><strong>OFFER <em>(Must be fully completed by
offeror)</em> SIR No. DTFAAC-08-R-57413 <em>PAGE 1a</em></strong></td>
</tr>
<tr class="even">
<td colspan="11">14. NAME AND ADDRESS OF OFFEROR <em>(Include ZIP
Code)</em></td>
<td colspan="8">15. TELEPHONE NO. <em>(Include area code)</em></td>
</tr>
<tr class="odd">
<td colspan="11"></td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="11"></td>
<td colspan="8">16. REMITTANCE ADDRESS <em>(Include only if different
than item 14)</em></td>
</tr>
<tr class="odd">
<td colspan="11"></td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="11"></td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="11"></td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="11"><strong>CODE FACILITY CODE</strong></td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="19">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. <em>(Insert any
number equal to or greater than the minimum requirement stated in Item
13D. Failure to insert any number means the offeror accepts the minimum
in Item 13D.)</em></td>
</tr>
<tr class="even">
<td></td>
<td colspan="18"></td>
</tr>
<tr class="odd">
<td></td>
<td colspan="18"></td>
</tr>
<tr class="even">
<td></td>
<td colspan="18"></td>
</tr>
<tr class="odd">
<td>AMOUNTS</td>
<td colspan="18"></td>
</tr>
<tr class="even">
<td></td>
<td colspan="18"></td>
</tr>
<tr class="odd">
<td></td>
<td colspan="18"></td>
</tr>
<tr class="even">
<td></td>
<td colspan="18"></td>
</tr>
<tr class="odd">
<td colspan="19">18. The offeror agrees to furnish any required
performance and payment bonds.</td>
</tr>
<tr class="even">
<td colspan="19"><p>19. ACKNOWLEDGMENT OF AMENDMENTS</p>
<p><em>(The offeror acknowledges receipt of amendments to the
solicitation - give number and date of each)</em></p></td>
</tr>
<tr class="odd">
<td colspan="2">AMENDMENT NO.</td>
<td></td>
<td></td>
<td colspan="5"></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2">DATE</td>
<td></td>
<td></td>
<td colspan="5"></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="10"><p>20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER</p>
<p><em>(Type or print)</em></p></td>
<td colspan="5">20B. SIGNATURE</td>
<td colspan="4">20C. OFFER DATE</td>
</tr>
<tr class="even">
<td colspan="10"></td>
<td colspan="5"></td>
<td colspan="4"></td>
</tr>
<tr class="odd">
<td colspan="19"><strong>AWARD <em>(To be completed by
Government)</em></strong></td>
</tr>
<tr class="even">
<td colspan="19">21. ITEMS ACCEPTED:</td>
</tr>
<tr class="odd">
<td colspan="19"></td>
</tr>
<tr class="even">
<td colspan="19"></td>
</tr>
<tr class="odd">
<td colspan="19"></td>
</tr>
<tr class="even">
<td colspan="19"></td>
</tr>
<tr class="odd">
<td colspan="19"></td>
</tr>
<tr class="even">
<td colspan="19"></td>
</tr>
<tr class="odd">
<td colspan="19"></td>
</tr>
<tr class="even">
<td colspan="8">22. AMOUNT</td>
<td colspan="11"><p>23. ACCOUNTING AND APPROPRIATION DATA</p>
<p>(To be cited on the funding document issued hereunder.)</p></td>
</tr>
<tr class="odd">
<td colspan="7"><p>24. SUBMIT INVOICES TO ADDRESS SHOWN IN </p>
<p><em>(4 copies unless otherwise specified)</em></p></td>
<td colspan="4"><p>ITEM</p>
<p>27</p></td>
<td colspan="8">25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT
TO</td>
</tr>
<tr class="even">
<td colspan="5">26. ADMINISTERED BY CODE</td>
<td colspan="6"></td>
<td colspan="8">27. PAYMENT WILL BE MADE BY</td>
</tr>
<tr class="odd">
<td colspan="11"><strong>FAA, NAS, Automation &amp; Facilities
Contract</strong></td>
<td colspan="8"><strong>FAA, Financial Operations Division
(AMZ-100)</strong></td>
</tr>
<tr class="even">
<td colspan="11"><strong>Management Team (AMQ-240)</strong></td>
<td colspan="8"><strong>6500 South MacArthur Boulevard</strong></td>
</tr>
<tr class="odd">
<td colspan="11"><strong>6500 South MacArthur Boulevard</strong></td>
<td colspan="8"><strong>P.O. Box 25710</strong></td>
</tr>
<tr class="even">
<td colspan="11"><strong>P.O. Box 25082</strong></td>
<td colspan="8"><strong>Oklahoma City, OK 73125</strong></td>
</tr>
<tr class="odd">
<td colspan="11"><strong>Oklahoma City, OK 73125-4929</strong></td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="19"><em>CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS
APPLICABLE</em></td>
</tr>
<tr class="odd">
<td colspan="11">28. NEGOTIATED AGREEMENT <em>(Contractor is required to
sign this</em></td>
<td colspan="8">29. AWARD <em>(Contractor is not required to sign this
doc.)</em> Your</td>
</tr>
<tr class="even">
<td colspan="11"><em>document and return copies to issuing office.)</em>
Contractor agrees</td>
<td colspan="8">offer on this solicitation is hereby accepted as to the
items listed. This</td>
</tr>
<tr class="odd">
<td colspan="11">to furnish and deliver all items or perform all work,
requisitions identified</td>
<td colspan="8">consummates the contract, which consists of (a) the
Government</td>
</tr>
<tr class="even">
<td colspan="11">on this form and any continuation sheets for the
consideration slated in this contract. The rights and obligations of the
parties to this contract</td>
<td colspan="8"><p>solicitation and your offer, and (b) this contract
award. No further</p>
<p>contractual document is necessary.</p></td>
</tr>
<tr class="odd">
<td colspan="11">shall be governed by (a) this contract award, (b) the
solicitation, and</td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="11">the clauses, representations, certifications, and
specifications or</td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="11">incorporated by reference in or attached to this
contract.</td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="11"></td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="11">30A. NAME AND TITLE OF CONTRACT OR PERSON AUTHORIZED TO
SIGN (<em>Type or print)</em></td>
<td colspan="8">31A. NAME OF CONTRACTING OFFICER <em>Type or
print)</em></td>
</tr>
<tr class="even">
<td colspan="11"></td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="11"></td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="6">30B. NAME OF CONTRACTOR</td>
<td colspan="5">30C. DATE SIGNED</td>
<td colspan="6">31B. UNITED STATES OF AMERICA</td>
<td colspan="2">31C. DATE SIGNED</td>
</tr>
<tr class="odd">
<td colspan="6">BY <u>                                     
               </u></td>
<td colspan="5"></td>
<td colspan="6">BY <u>                                    </u></td>
<td colspan="2"></td>
</tr>
<tr class="even">
<td colspan="6"><em>(Signature of person authorized to sign)</em></td>
<td colspan="5"></td>
<td colspan="6"><em>(Signature of Contracting Officer)</em></td>
<td colspan="2"></td>
</tr>
<tr class="odd">
<td colspan="19"><strong>STANDARD FORM 1442 BACK (REV.
4-85)</strong></td>
</tr>
</tbody>
</table>

**PART I - SECTION B**

SUPPLIES/SERVICES & PRICE/COST

The contractor shall furnish all labor, tools, materials, equipment, and
supplies, necessary to accomplish the construction project; Replace RCAG
tower, Sarasota, FL, set forth below in accordance with the attached
project manual, drawings, and the other terms, conditions, and
provisions as set forth herein.

[ITEM NO. DESCRIPTION TOTAL AMOUNT ]{.underline}

**Base Bid**

0001 Provide all labor and materials to replace FOR-THE-JOB
\$\_\_\_\_\_\_\_\_\_\_\_

RCAG tower

**PART I - SECTION C**

SCOPE OF WORK

**C.1 Statement of Work (SOW)**

The contractor shall furnish all labor, tools, materials, equipment, and
supplies necessary to accomplish the construction project set forth, in
accordance with the terms, conditions, and provisions as set forth
herein.

**C.2 Bid Vs. Offer**

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

**C.3 Specifications and/or Drawings**

The following specifications and/or drawings are applicable to this
acquisition:

(a) Statement of Work for Sarasota RCAG Tower, 9 pages

(b) Requirements for Fixed Ladder and Ladder Safety System, 1 page

  -----------------------------------------------------------------------

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**C.4 Emergency Situations and Exercises during** **Contract
Performance** (September 2001) **CLA.4548**

\(a\) Emergency situations and exercises are temporary exceptions to the
prohibition of contractor personnel not being subject to the direction
and control of Government personnel when performing non-personal
contract services in FAA facilities.

\(b\) All contractor personnel at a FAA work site or facility during an
actual emergency shall conform to the procedures posted or directed by
FAA officials responsible for emergency response at that site or
facility. Such officials include evacuation wardens/monitors, security
personnel, Emergency Readiness Officers, management, etc.

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

\(d\) Contractor management/supervisors shall ensure that each
contractor employee assigned work in FAA facilities possesses a general
awareness of emergency and evacuation procedures at all locations where
the employees might be during an emergency or exercise. Information on
emergency procedures may be requested from the Contracting Officer's
Technical Representative or a designated FAA contact point at the work
site.

**PART I - SECTION D**

PACKAGING AND MARKING

####### NOT APPLICABLE

**PART I - SECTION E**

INSPECTION AND ACCEPTANCE

**3.10.4-10 Inspection of Construction** (July 2001)

\(a\) \'Work\' includes, but is not limited to, materials, workmanship,
and manufacture and fabrication of components.

\(b\) The Contractor shall maintain an adequate inspection system and
perform such inspections as will ensure that the work performed under
the contract conforms to contract requirements. The Contractor shall
maintain complete inspection records and make them available to the
Government. All work shall be conducted under the general direction of
the Contracting Officer and is subject to Government inspection and test
at all places and at all reasonable times before acceptance to ensure
strict compliance with the terms of the contract.

\(c\) Government inspections and tests are for the sole benefit of the
Government and do not\--

\(1\) Relieve the Contractor of responsibility for providing adequate
quality control measures;

\(2\) Relieve the Contractor of responsibility for damage to or loss of
the material before acceptance;

\(3\) Constitute or imply acceptance; or

\(4\) Affect the continuing rights of the Government after acceptance of
the completed work under paragraph (i) below.

\(d\) The presence or absence of a Government inspector does not relieve
the Contractor from any contract requirement, nor is the inspector
authorized to change any term or condition of the specification without
the Contracting Officer\'s written authorization.

\(e\) The Contractor shall promptly furnish, without additional charge,
all facilities, labor, and material reasonably needed for performing
such safe and convenient inspections and tests as may be required by the
Contracting Officer. The Government may charge to the Contractor any
additional cost of inspection or test when work is not ready at the time
specified by the Contractor for inspection or test, or when prior
rejection makes reinspection or retest necessary. The Government shall
perform all inspections and tests in a manner that will not
unnecessarily delay the work. Special, full size, and performance tests
shall be performed as described in the contract.

\(f\) The Contractor shall, without charge, replace or correct work
found by the Government not to conform to contract requirements, unless
the Government determines that it is in the public interest to accept
the work with an appropriate adjustment in contract price. The
Contractor shall promptly segregate and remove rejected material from
the premises.

\(g\) If the Contractor does not promptly replace or correct rejected
work, the Government may:

\(1\) by contract or otherwise, replace or correct the work and charge
the cost to the Contractor or

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

\(h\) If, before acceptance of the entire work, the Government decides
to examine already completed work by removing it or tearing it out, the
Contractor, on request, shall promptly furnish all necessary facilities,
labor, and material. If the work is found to be defective or
nonconforming in any material respect due to the fault of the Contractor
or its subcontractors, the Contractor shall defray the expenses of the
examination and of satisfactory reconstruction. However, if the work is
found to meet

contract requirements, the Contracting Officer shall make an equitable
adjustment for the additional services involved in the examination and
reconstruction, including, if completion of the work was thereby
delayed, an extension of time.

\(i\) Unless otherwise specified in the contract, the Government shall
accept, as promptly as practicable after completion and inspection, all
work required by the contract or that portion of the work the
Contracting Officer determines can be accepted separately. Acceptance
shall be final and conclusive except for latent defects, fraud, gross
mistakes amounting to fraud, or the Government\'s rights under any
warranty or guarantee.

**3.10.4-11 Inspection\--Dismantling, Demolition, or Removal of
Improvements** (April 1996)

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

\(b\) The Contractor is responsible for damage to property caused by
defective workmanship. The Contractor shall promptly segregate and
remove from the premises any unsatisfactory facilities, materials, and
equipment used in contract performance, and promptly replace them with
satisfactory items. If the Contractor fails to proceed at once in a
workmanlike manner with performance of the work or with the correction
of defective workmanship, the Government may:\
(1) by contract or otherwise, replace the facilities, materials, and
equipment or correct the workmanship and charge the cost to the
Contractor and\
(2) terminate for default the Contractor\'s right to proceed.\
The Contractor and any surety shall be liable, to the extent specified
in the contract for any damage or cost of repair or replacement.

**PART I - SECTION F**

DELIVERIES OR PERFORMANCE

### F.1 Working Hours 

Work at the site shall be accomplished between the hours of 7:30 a.m.
and 4:00 p.m., Monday through Friday, excluding federally-established
holidays, except when prior approval has been obtained from the
Contracting Officer. Approval for overtime work shall not be construed
as an agreement for payment of overtime work.

### F.2 Utility Outages and Shutdown

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

### F.3 Contractor's Construction Schedule and Material Submittals

The contractor shall prepare and submit the construction work schedule
to the Contracting Officer (CO) for approval within 15 days of the date
established for "Commencement of Work." This period is in lieu of the 5
days set forth in Clause 3.2.2.3-56, which is incorporated by reference.

**F.4 Accelerated Delivery** (January 1997) **CLA.1817**

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

**3.2.2.3-71/alt1 Starting, Performing, and Completing Work. Alternate
I** (July 2004) **Revised**

The Contractor (you) must\
(a) begin work under this contract within 10 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 within 90 days of receipt of
Notice to Proceed. The time allowed for completion must include final
cleanup of the premises.\
(d) The Notice-To-Proceed with the construction phase will not be
granted until the Contractor certifies to the Contracting Officer that
all required materials, as approved by the Government, are in his
possession and ready for installation.

**3.1-1 Clauses and Provisions Incorporated by Reference** (December
2005)

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:
[http://conwrite.faa.gov](http://conwrite.faa.gov/)/ (on this web page,
select \"Search and View Clauses\").

**3.10.1-9 Stop-Work Order** (October 1996)

11. **Government Delay of Work** (April 1996)

**3.10.1-24 Notice of Delay** (November 1997)

**PART I - SECTION G**

CONTRACT ADMINISTRATION DATA

**G.1 Release Form** (January 1997) **CLA.1227**

The contractor will be required to execute Contractor\'s Release Form
DOT F 4220.4 (2-71) prior to final payment under the contract. (Note: A
copy of Form DOT F 4220.4 (2-71) is attached hereto for information
purposes.)

**G.2 Availability and Use of Utility Services** (January 1997)
**CLA.1405**

The contractor may use existing utilities without charge, if available;
however, the contractor at his own expense and in a workmanlike manner
satisfactory to the Contracting Officer, shall furnish, install, and
maintain all necessary temporary connections and distribution lines, and
shall remove same prior to final acceptance of the construction.

**G.3 Payment Procedures** (January 1997) **CLA.2916**

\(a\) The contractor shall submit original invoices, including
applications for progress payments, directly to:

FAA, Mike Monroney Aeronautical Center

Financial Operations Division (AMZ-100)

P.O. Box 25710

Oklahoma City, OK 73125-4913

\(b\) Payment for work performed or items furnished under this contract
is subject to approval by the Contracting Officer. The contractor shall
submit 2 copies of all invoices, including applications for progress
payments, to:

FAA, Mike Monroney Aeronautical Center

NAS Automation & Facilities Contract Management Team (AMQ-240)

6500 South MacArthur Boulevard

P.O. Box 25082

Oklahoma City, OK 73125

\(c\) Each invoice, including applications for progress payments, must
reflect the contract number, delivery order number, and a description of
the work, services, or items being invoiced.

**3.10.1-23 Contracting Officer\'s Representative\--Construction
Contracts** (July 2007)

\(a\) 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 Technical
Representatives (COTRs). The Contracting Officer will provide written
notice of COTR appointment(s), setting forth the authorities and
limitations, to the Contractor within 15 calendar days prior to the
notice to proceed. COTR 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.

##### PART I - SECTION H

SPECIAL CONTRACT REQUIREMENTS

**H.1 Permits and Responsibilities**

The Contractor shall secure and pay for all permits, licenses, special
inspections, etc., required in the execution of the work, whether of a
permanent or temporary nature.

**H.2 Compliance with Copeland Act (Anti-Kickback Act) Requirements**

The Contractor shall comply with the requirements of 29 CFR Part 3,
which are hereby incorporated by reference in this contract.

### H.3 Disputes Concerning Labor Standards

The United States Department of Labor has set forth in 29 CFR Parts 5,
6, and 7 procedures for resolving disputes concerning labor standards
requirements. Such disputes shall be resolved in accordance with those
procedures and not the Disputes clause of this contract. Disputes within
the meaning of this clause include disputes between the Contractor (or
any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their representatives.

### H.4 Strikes or Picketing Affecting Access to a DOT Facility

If the Contracting Officer notifies the Contractor in writing that a
strike or picketing: (a) is directed at the Contractor or subcontractor
or any employee of either; and (b) impedes or threatens to impede access
by any person to a DOT facility where the site of the work is located,
the Contractor shall take all appropriate action to end such strike or
picketing, including, if necessary, the filing of a charge of unfair
labor practice with the National Labor Relations Board or the use of
other available judicial or administrative remedies.

### H.5 Accident and Fire Reporting

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

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

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

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

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

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

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

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

\(i\) The extent of injury; and

\(ii\) The damage and cause of the accident or fire.

Such report shall be mailed or otherwise delivered to the Contracting
Officer within 48 hours of the occurrence of the accident or fire.

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

### H.6 Definitions

\(a\) \"Head of the agency\" (also called \"agency head\") or
\"Secretary\" means the Secretary (or Attorney General, Administrator,
Governor, Chairperson, or other chief official, as appropriate) of the
agency, including any deputy or assistant chief official of the agency;
and the term \"authorized representative\" means any person, persons, or
board (other than the Contracting Officer) authorized to act for the
head of the agency or Secretary.

\(b\) \"Contracting Officer\" means a person with the authority to enter
into, administer, and/or terminate contracts and make related
determinations and findings. The term includes certain authorized
representatives of the Contracting Officer acting within the limits of
their authority as delegated by the Contracting Officer.

### H.7 Security Requirements

The contractor shall provide a listing of employees' names and social
security numbers to SSC Manager, Wilberto Torres (941/355-3834 or
wilberto.torres@faa.gov) for badging requirements. All contractor
access, contractor badges, etc. must be coordinated through the local
Security Servicing Element (SSE) or designee.

**H.8 Environmental, Safety and Health** (May 2007) **Revised CLA.0090**

\(a\) The Contractor shall assure that no person employed on this
contract works in surroundings or under conditions that are unsanitary,
hazardous, or dangerous to their health or safety. The contractor shall
also ensure that all employees received appropriate and required safety,
health, environmental, and equipment operational training. In fulfilling
these requirements, the Contractor shall comply with:

\(1\) Department of Labor Safety and Health Standards for Construction
under Section 107 of the Contract Work Hours and Safety Standards Act
(40 U.S.C. 327 et seq. and CFR 1960).

\(2\) Occupational Safety and Health Act of 1970, (Public Law 91-598 and
29 CFR 1960) (OSHA) and applicable rules and regulations as may have
been delegated to the States.

\(3\) Applicable Federal and state environmental requirements. This
includes, but is not limited to Code of Federal Regulations, U.S.
Environmental Protection Agency, Oklahoma Department of Environmental
Quality, and the Oklahoma Corporation Commission.

\(4\) Supplemental FAA environmental, safety and health requirements
contained in FAA and Environmental, Safety and Health Orders, or
elsewhere in the contract. Other standards used by FAA include the
National Fire Codes, American National Standards Institute (ANSI),
American Society of Testing and Materials (ASTM), etc. This list of
standards or laws is not inclusive. Other safety and health FAA
regulations can be found in the 3900 classification series entitled,
"Employee Health and Safety." Other environmental FAA regulations can be
found in the 1050 classification series.

\(b\) If the Contractor works more than 1000 employee-hours in one
quarter on the FAA Campus, the Contractor shall prepare and submit an
annual report of injury and illness information regarding this workforce
using the attached form. The report shall be submitted to the
Contracting Officer **not later than November 30** of each government
fiscal year (October 1 through September 30) and contain the following
information:

\(1\) The number of employee-hours worked during the preceding fiscal
year;

\(2\) The number of OSHA recordable cases (defined as mishaps that
result in fatalities, lost workdays, medical treatment, restricted
workdays or a loss of consciousness) that occurred during the preceding
fiscal year;

\(3\) The number of cases which resulted in days away and/or
restricted/transferred duty that occurred during the preceding fiscal
year.

\(c\) If there are conflicts between any of the requirements referenced
in this contract, the more stringent requirement will prevail.

\(d\) If the Contractor fails or refuses to promptly comply with any
environmental, safety or health requirement, the Contracting Officer's
Technical Representative (COTR) will notify the Contractor of any such
noncompliance and the Contractor shall take immediate corrective action.
Such notice, whether oral or written, when served on the Contractor or
any of its employees at the site of the work, shall be deemed
sufficient. If the Contractor fails or refuses to promptly correct the
condition, the COTR may stop all or any portion of the work. When
satisfactory corrective action has been taken, the contractor shall
request permission to resume work from the COTR. No time extension or
additional costs, resulting from the directive to stop work shall be
allowed. Failure of the COTR to provide notice of noncompliance or to
stop work shall not relieve the Contractor of its responsibility for the
safe performance of the work.

\(e\) The Contractor shall require contract personnel to wear personal
protective equipment when it is necessary because of the hazards on the
job and in most instances will provide the equipment, except that which
has been specified to be furnished by FAA. All personal protective
equipment worn by contractors shall be equal to or exceed the level of
protection required of and provided to Government employees.

\(f\) Contractors shall include a clause in all subcontracts to require
subcontractors to comply with this clause.

**H.9 Requirement for Screening of Contractor Personnel** (June 2001)
**CLA.1262**

\(a\) Contractor Screening of Personnel. The operation of this contract
is intended to promote the continued safe and secure operation of
Federal Aviation Administration (FAA) facilities, systems and resources
that comprise or support the National Aerospace System. Access to most
FAA locations, systems and equipment is restricted and controlled by the
responsible FAA Servicing Security Element. No rights of access to FAA
facilities or resources are conferred to the contractor or contractor
personnel by this contract. The contractor is responsible for
identifying and providing qualified and acceptable personnel in
performance of the contract. To meet this requirement, the contractor
shall perform routine personnel screening prior to personnel having
access to any FAA facility, resources, or sensitive information.

\(1\) The contractor shall obtain a criminal history report of the
prospective employee from the appropriate state authority, i.e., the
state where the individual was last employed. If the criminal history
report reveals an occurrence of activity listed in paragraphs 1 through
6 of the contract attachment entitled \"Screening Standards-CONTRACTOR\"
within the preceding 9 years, the prospective employee shall not be
allowed access to any FAA facility, resources, or sensitive information.
Payment of any fees charged for such criminal history reports shall be
the responsibility of the contractor. If the cost is included in the
price of the contract, it shall be subject to the usual tests of
allocability and reasonableness.

\(2\) The Government expects that the contractor will normally contact
prospective employees\' previous employer(s) for employment history, and
apply the contractor\'s customary standards for employment suitability.
If this employment history check reveals a documented occurrence of
activity listed in paragraph 7 of the contract attachment entitled
\"Screening Standards - CONTRACTOR\" within the preceding 9 years, the
prospective employee shall not be allowed access to any FAA facility,
resources, or sensitive information.

\(3\) When specific experience or educational requirements apply to
personnel performing on the contract, the contractor shall verify
prospective employees\' claimed experience or educational
qualifications.

\(b\) Government Screening Standards for Contractor Personnel.

\(1\) The Contractor shall inform prospective employees that the FAA
will perform background investigations on contractor personnel prior to
their gaining access to any Federal Aviation Administration (FAA)
facility, resource or sensitive information/system in performance of the
contract.

\(2\) Prior to placing any employee in a position having access to FAA
facilities, resources or sensitive information, the contractor shall
provide that employee a copy of the contract attachment entitled
\"Adjudicative Standards: Issues\". (Appendix 6, FAA Order 1600.1D). In
addition, the contractor must advise the prospective employee of FAA's
intent to employ such adjudicative standards in determining employee
access as described above.

\(3\) Any personnel the contractor employs to work on FAA facilities and
resources found to have a conviction history within nine (9) years prior
to beginning performance under this contract shall be denied access to
any FAA-controlled facility/resource. No access will be granted until
the Government's background investigation is complete and a favorable
determination made as a result of the adjudication process.

\(c\) Upon written request to the CO or his/her designated
representative, the FAA may waive the screening requirements with
respect to:

\(1\) a contractor employee that has had a FAA background investigation
within the previous five years, with uninterrupted employment and
performance on a FAA facility, and a record of acceptable behavior; or

\(2\) a contractor employee that has had a FAA background investigation
within the previous 12 months, with interrupted employment and
performance on a FAA facility, and a record of acceptable behavior.

\(d\) If in unusual circumstances the contractor finds it necessary to
utilize a person that does not meet the requirements of paragraph (a),
the FAA may at its sole discretion, grant a waiver to this clause.
Contractor\'s request for waiver shall be in writing to the contracting
officer, providing information about mitigating circumstances to the
negative screening results, and explain why the person should have
access to FAA facilities, resources or sensitive information. The FAA
will grant or deny the waiver request in writing within 15 days
following receipt. The decision to grant or deny the waiver is solely
the FAA\'s, and is not subject to appeal or to the \"Disputes\" clause
of this contract. The contractor understands that access suitability
determinations by the responsible Security Servicing Element, although
conclusive under this contract, derive legal standing independent of the
contract.

\(e\) If the contractor fails to perform the required screening, or
disregards the results of the screening, and subject personnel are found
to be unacceptable as a result of FAA background investigation(s), the
contractor shall be responsible for FAA\'s cost of subsequent FAA
background investigation(s) of the replacement personnel. The cost of
additional FAA background investigation(s) may be deducted from requests
for payment under the contract.

\(f\) The Contractor shall retain all reports and related documentation
pertaining to (a)(1) through (3) for the duration of this contract, and
shall make them available for review by the contracting officer, or
his/her designated representative, within 10 days of written request.

\(g\) Neither the time required to perform the screening, nor the impact
of any personnel action(s) required as a consequence of the screening
shall be considered an \"excusable delay\" as described in the
\"Default\" clause of this contract.

\(h\) Notwithstanding the diligent effort of the contractor to provide
qualified and acceptable personnel for performance of the contract, the
CO may by written notice deny access to FAA facilities, resources, or
sensitive information to those personnel who have been deemed
incompetent, careless, dangerous, unsuitable or otherwise objectionable,
former federal employees in violation of a post-employment restriction,
or those whose continued presence on Government property is contrary to
the public interest or inconsistent with the interest of national
security. The Contractor shall fill out, and cause each of its personnel
on the contract to fill out for submission to the Government; such forms
as may be necessary for security or other reasons relating to
qualifications and suitability for contract work. Upon request of the
CO, the Contractor\'s personnel shall be fingerprinted.

**H.10 Save Harmless and Indemnity Agreement** (January 1997)
**CLA.3211**

The contractor shall save and keep harmless and indemnify the Government
against any and all liability, claims, and costs of whatsoever kind and
nature of injury to or death of any person or persons and for loss or
damage to any property (Government or otherwise) occurring in connection
with or in any way incident to or arising out of the occupancy, use,
service, operations, or performance of work in connection with this
contract, resulting in whole or in part from the negligent acts, fault
or omissions of the contractor, any subcontractor, or any employee,
agent, or representative of the contractor or any subcontractor.

**H.11 Liability Insurance** (January 1997) **Revised CLA.3212**

\(a\) Pursuant to AMS 3.4.1-10, Insurance\--Work on a Government
Installation, the insurance required of the contract during contract
performance is:

\(1\) Workers\' compensation and employer\'s liability as required by
applicable Federal and State workers\' compensation and occupational
disease statutes. Employer\'s liability coverage shall be not less than
\$100,000.

\(2\) General liability coverage written on the comprehensive form of
policy providing limits of liability for bodily injury of not less than
\$500,000 for each occurrence and property damage limits of liability of
not less than \$100,000 for each accident.

\(3\) Automobile liability (applicable to vehicles used in connection
with contract performance) written on the comprehensive form of policy
providing coverage of at least \$200,000 per person and \$500,000 per
occurrence for bodily injury and \$100,000 per occurrence for property
damage.

\(b\) The policy shall name \"The United States of America, acting by
and through the Federal Aviation Administration\" as an additional
insured with respect to operations performed under this contract.

\(c\) The policy shall include the following provision: \"It is a
condition of this policy that the insurer shall furnish written notice
to the Federal Aviation Administration (certificate holder) 30 days in
advance of any reduction in or cancellation of this policy.\"

\(d\) Certificate holder address:

FAA-Mike Monroney Aeronautical Center

NAS Automation & Facilities Contract Management

Team (AMQ-240)

P. O. Box 25082

Oklahoma City, OK 73l25

\(e\) At any time during contract performance and upon request of the
Contracting Officer, the contractor shall provide a certified true copy
of the liability policy and manually countersigned endorsements of any
changes thereto.

**H.12 FAA Facility Regulations** (October 2006) **CLA.3402**

Contractor personnel, including employees of subcontractors at any tier,
suppliers, etc., working at or visiting an FAA facility, shall abide by
all applicable regulations in effect at that facility governing their
conduct, including, but not limited to, those regulations pertaining to
traffic, parking, security, and airport matters. A non-inclusive list of
such regulations is below. The full text of these is available at the
website shown or can be obtained by contacting your Contracting Officer
(CO)/Contracting Officer's Technical Representative (COTR).

**[FAA ORDERS/DIRECTIVES]{.underline}**

**Security FAA Order 1600.72**

[**http://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/investigations/isp/media/160072.doc**](http://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/investigations/isp/media/160072.doc)

**Harassment FAA Order 1110.125A,**

> **Accountability board**
>
> [**https://employees.faa.gov/org/staffoffices/ahr/policy_guidance/hr_policies/order/orders/1110_125A/**](https://employees.faa.gov/org/staffoffices/ahr/policy_guidance/hr_policies/order/orders/1110_125A/)

**Smoking FAA Order 3900.47**

[**https://employees.faa.gov/org/staffoffices/ahr/policy_guidance/hr_policies/order/orders/390047/**](https://employees.faa.gov/org/staffoffices/ahr/policy_guidance/hr_policies/order/orders/390047/)

**Safety/OSHA FAA Order 3900.19B**

[**https://employees.faa.gov/employee_services/safety/occ_safety/media/FINAL3900.pdf**](https://employees.faa.gov/employee_services/safety/occ_safety/media/FINAL3900.pdf)

**Ramp/airdrome safety
<http://www.faa.gov/runwaysafety/ontheground.cfm>**

> **FAA Order 5200.7A**
>
> [**http://www.faa.gov/runwaysafety/pdf/5200.7A.pdf**](http://www.faa.gov/runwaysafety/pdf/5200.7A.pdf)

**Internet use policy FAA Order 1370.79A**

[**http://www.faa.gov/about/office_org/headquarters_offices/aio/documents/**](http://www.faa.gov/about/office_org/headquarters_offices/aio/documents/)

**For orders which are not accessible via the links, or not listed
above, contact your Contracting Officer (CO)/Contracting Officer's
Technical Representative (COTR).**

######### H.13 Agreement to Participate in Alternative Dispute Resolution (April 1998) CLA.4540

\(a\) The Federal Aviation Administration encourages direct
communications and negotiations between the contractor and the
contracting officer in an attempt to resolve contract disputes. In those
situations where the parties are not able to achieve resolution at the
contracting officer level, the agency favors the use of alternative
dispute resolution (ADR) techniques to resolve disputes.

\(b\) The parties hereby agree that, prior to referring a contract
dispute to the Office of Disputes Resolution as described in contract
clause 3.9.1-1 "Contract Disputes", the parties will discuss whether
they are willing to utilize ADR techniques such as mediation or
nonbinding evaluation of the dispute by a neutral party. Upon receipt of
a contract dispute from the contractor, the contracting officer will
explore with the contractor whether the use of ADR techniques would be
appropriate to resolve the dispute. Both parties must agree that the use
of such techniques is appropriate, and agree to fairly share the
associated expenses. If the parties do not mutually agree to utilize ADR
to resolve the dispute, the dispute will be processed in accordance with
the procedures set forth in clause 3.9.1-1.

**H.14 Notice of Contractor Testimony** (September 2006) **CLA.4555**

\(a\) The contractor shall notify the Contracting Officer promptly in
writing of its intention, or the intention of its employees,
subcontractors of any tier, or subcontractor employees, either
voluntarily or under compulsion of competent authority, to provide sworn
testimony on any matter related to or arising under the work required by
and/or performed under, this contract. Such written notification at a
minimum shall consist of the date and time of the testimony,
identification of the court, board, or other body before which the
testimony is made, the nature of the

testimony to be given to the extent it is known at the time of this
report, the nature of the contractor's involvement in the proceeding and
any other circumstances related to the work performed under or related
to the contract and the proceeding in which the testimony will be taken.

\(b\) The contractor shall include the substance of this clause,
including this paragraph (b), in all subcontracts executed under this
contract and shall require all subcontractors to provide the required
report to the contractor.

**H.15 Personnel and Supervision** (October 2006) **CLA.4556**

The contractor shall designate sufficient supervisory personnel to meet
task outcomes. Contract supervisors will provide day-to-day supervision
of contract personnel including, but not limited to, work monitoring,
payroll records, leave, etc. At no time will FAA personnel assume any
responsibility for the supervision of contractor personnel. Government
assistance will be available to provide technical and policy guidance
through the assigned COTR.

**H.16 Strikes or Picketing Affecting Timely Completion of the Contract
Work CLA.4557**

(September 2006)

Notwithstanding any other provision hereof, the Contractor is
responsible for delays arising out of labor disputes, including but not
limited to strikes, if such strikes are reasonably avoidable. A delay
caused by a strike or by picketing which constitutes an unfair labor
practice is not excusable unless the Contractor takes all reasonable and
appropriate action to end such a strike or picketing, such as the filing
of a charge with the National Labor Relations Board, the use of other
available Government procedures, and the use of private boards or
organizations for the settlement of disputes.

**PART II - SECTION I**

CONTRACT CLAUSES

**3.2.2.3-41 Performing Work** (July 2004)

The Contractor (you) must perform, using your own organization, work
equivalent to at least fifteen (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.

**3.3.1-33** **Central Contractor Registration** (January 2008)

\(a\) Definitions. As used in this clause

\"Central Contractor Registration (CCR) database\" means the primary
Government repository for Contractor information required for the
conduct of business with the Government.

\"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 CCR records for identifying
alternative Electronic Funds Transfer (EFT) accounts for the same parent
concern.

\"Registered in the CCR database\" means that the Contractor has entered
all mandatory information, including the DUNS number or the DUNS+4
number, into the CCR database.

\(b\) (1) By submission of an offer, the offeror acknowledges the
requirement that a prospective awardee shall be registered in the CCR
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 CCR 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
>
> \(i\) If located within the United States, by calling Dun and
> Bradstreet at 1-866-705-5711

or via the Internet at <http://fedgov.dnb.com/webform>; 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 CCR 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 CCR database, and for any liability resulting from
the Government\'s reliance on inaccurate or incomplete data. To remain
registered in the CCR 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 CCR database to ensure it is current, accurate and complete.
Updating information in the CCR 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
T3.10.1.A-8, 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 CCR database;\
> (B) comply with the requirements of T3.10.1.A-8; 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 CCR 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 CCR record to reflect an assignee for the purpose of
assignment of claims. Assignees shall be separately registered in the
CCR database. Information provided to the Contractor\'s CCR 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
[http://www.ccr.gov](http://www.ccr.gov/)/ or by calling 1-888-227-2423,
or 269-961-5757.

**3.3.1-34 Payment by Electronic Funds Transfer---Central Contractor
Registration** (October 2005)

\(a\) Method of payment.

> \(1\) All payments by the Government under this contract shall be made
> by electronic

funds transfer (EFT), except as provided in paragraph (a)(2) of this
clause. As used in this clause, the term \"EFT\" refers to the funds
transfer and may also include the payment information transfer.

> \(2\) In the event the Government is unable to release one or more
> payments by EFT, the

Contractor agrees to either---

> \(i\) Accept payment by check or some other mutually agreeable method
> of

payment; or

> \(ii\) Request the Government to extend the payment due date until
> such time as

the Government can make payment by EFT (but see paragraph (d) of this
clause).

\(b\) Contractor\'s EFT information. The Government shall make payment
to the Contractor using the EFT information contained in the Central
Contractor Registration (CCR) database. In the event that the EFT
information changes, the Contractor shall be responsible for providing
the updated information to the CCR database.

\(c\) Mechanisms for EFT payment. The Government may make payment by EFT
through either the Automated Clearing House (ACH) network, subject to
the rules of the National Automated Clearing House Association, or the
Fedwire Transfer System. The rules governing Federal payments through
the ACH are contained in 31 CFR Part 210.

\(d\) Suspension of payment. If the Contractor\'s EFT information in the
CCR database is incorrect, then the Government need not make payment to
the Contractor under this contract until correct EFT information is
entered into the CCR database; and any invoice or contract financing
request shall be deemed not to be a proper invoice for the purpose of
prompt payment under this contract. The prompt payment terms of the
contract regarding notice of an improper invoice and delays in accrual
of interest penalties apply.

\(e\) Liability for uncompleted or erroneous transfers.

> \(1\) If an uncompleted or erroneous transfer occurs because the
> Government used the

Contractor\'s EFT information incorrectly, the Government remains
responsible for---

> \(i\) Making a correct payment;
>
> \(ii\) Paying any prompt payment penalty due; and
>
> \(iii\) Recovering any erroneously directed funds.
>
> \(2\) If an uncompleted or erroneous transfer occurs because the
> Contractor\'s EFT

information was incorrect, or was revised within 30 days of Government
release of the EFT payment transaction instruction to the Federal
Reserve System, and---

> \(i\) If the funds are no longer under the control of the payment
> office, the

Government is deemed to have made payment and the Contractor is
responsible for recovery of any erroneously directed funds; or

> \(ii\) If the funds remain under the control of the payment office,
> the Government

shall not make payment, and the provisions of paragraph (d) of this
clause shall apply.

\(f\) EFT and prompt payment. A payment shall be deemed to have been
made in a timely manner in accordance with the prompt payment terms of
this contract if, in the EFT payment transaction instruction released to
the Federal Reserve System, the date specified for settlement of the
payment is on or before the prompt payment due date, provided the
specified payment date is a valid date under the rules of the Federal
Reserve System.

\(g\) EFT and assignment of claims. If the Contractor assigns the
proceeds of this contract as provided for in the assignment of claims
terms of this contract, the Contractor shall require as a condition of
any such assignment, that the assignee shall register separately in the
CCR database and shall be paid by EFT in accordance with the terms of
this clause. Notwithstanding any other requirement of this contract,
payment to an ultimate recipient other than the Contractor, or a
financial institution properly recognized under an assignment of claims,
is not permitted. In all

respects, the requirements of this clause shall apply to the assignee as
if it were the Contractor. EFT information that shows the ultimate
recipient of the transfer to be other than the Contractor, in the
absence of a proper assignment of claims acceptable to the Government,
is incorrect EFT information within the meaning of paragraph (d) of this
clause.

\(h\) Liability for change of EFT information by financial agent. The
Government is not liable for errors resulting from changes to EFT
information made by the Contractor\'s financial agent.

\(i\) Payment information. The payment or disbursing office shall
forward to the Contractor available payment information that is suitable
for transmission as of the date of release of the EFT instruction to the
Federal Reserve System. The Government may request the Contractor to
designate a desired format and method(s) for delivery of payment
information from a list of formats and methods the payment office is
capable of executing.

However, the Government does not guarantee that any particular format or
method of delivery is available at any particular payment office and
retains the latitude to use the format and delivery method most
convenient to the Government. If the Government makes payment by check
in accordance with paragraph (a) of this clause, the Government shall
mail the payment information to the remittance address contained in the
CCR database.

**3.6.1-7 Limitations on Subcontracting** (August 1997)

By submission of an offer and execution of a contract, the
Offeror/Contractor agrees that in performance of the contract in the
case of a contract for:

\(a\) Services (except construction). At least 50 percent of the cost of
contract performance incurred for personnel shall be expended for
employees of the prime contractor.

\(b\) Supplies (other than procurements from a regular dealer in such
supplies). The prime contractor shall perform work for at least 50
percent of the cost of manufacturing the supplies, not including the
cost of materials.

\(c\) General construction. The prime contractor shall perform at least
15 percent of the cost of the

contract, not including the cost of materials, with its own employees.

\(d\) Construction by special trade contractors. The prime contractor
shall perform at least 25 percent of the cost of the contract, not
including the cost of materials, with its own employees.

Compute small business subcontracting labor cost percentages as follows:

Contractor Subcontractor

Direct Labor \$ \_\_\_\_\_\_\_\_ \$ \_\_\_\_\_\_\_\_

Allowable Overhead \_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_

Subtotal (A) \_\_\_\_\_\_\_\_ (B) \_\_\_\_\_\_\_\_

Labor G&A \@\_\_\_\_\_% \_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_

Total Labor Costs (C) \_\_\_\_\_\_\_\_ (D) \_\_\_\_\_\_\_\_

To calculate the subcontracting percentage, first add Direct Labor and
Allowable Overhead and enter the figures for the contractor in space (A)
and for the subcontractor (if available)\* in space (B).

Next, calculate Labor G & A by multiplying the G & A rate by the
subtotal figure in space (A). Calculate subcontractor Labor G & A by
multiplying the subcontractor's G & A rate by figure (B). Add the Labor
G & A to the Subtotal and record that figure in the spaces for Total
Labor Costs (C) and (D).

Now, using the formula (D)/(C) + (D), calculate the subcontracting labor
cost percentage.

\*You need to be comparing as like figures as possible; therefore, if
you have a breakdown of the subcontractor's costs, use it in the
formulation above. If you do not have a breakdown of the subcontractors'
costs, you should use the Total Subcontracting Amount for item (D),
though you should still breakdown the contractor's costs.

**3.6.2-24 Affirmative Action Compliance Requirements for Construction**
(November 1997)

\(a\) Definitions.

\(1\) \"Employer identification number,\" as used in this clause, means
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: 10.2]{.underline}***

***[Goals for female participation: 6.9]{.underline}***

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 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 that foremen, superintendents, and other on-site supervision,
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 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.

**3.1-1 Clauses and Provisions Incorporated by Reference** (December
2005)

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:
[http://conwrite.faa.gov](http://conwrite.faa.gov/)/ (on this web page,
select \"Search and View Clauses\").

33. **Order of Precedence** (July 2004)

**3.2.2.3-42 Differing Site Conditions** (July 2004)

**3.2.2.3-43 Site Investigation and Conditions Affecting the Work**
(July 2004)

**3.2.2.3-45 Material and Workmanship** (July 2004)

**3.2.2.3-46 Superintendence by the Contractor** (July 2004)

**3.2.2.3-47 Permits and Responsibilities** (July 2004)

**3.2.2.3-48 Other Contracts** (July 2004)

**3.2.2.3-49 Protection of Existing Vegetation, Structures, Equipment,
Utilities, and Improvements** (July 2004)

**3.2.2.3-50 Property Protection** (July 2004)

**3.2.2.3-51 Operations and Storage Areas** (July 2004)

**3.2.2.3-52 Use and Possession Prior to Completion** (July 2004)

**3.2.2.3-53 Cleaning Up and Roadway Maintenance** (July 2004)

**3.2.2.3-54 Preventing Accidents** (July 2004)

**3.2.2.3-56 Schedules for Construction Contracts** (July 2004)

**3.2.2.3-58 Layout of Work** (July 2004)

60. **Specifications, Drawings, and Material Submittals** (July 2004)

**3.2.2.3-62 Preconstruction Conference** (July 2004)

**3.2.2.3-66 Contractor's Daily Log** (July 2004)

**3.2.2.3-68 Safety and Health** (July 2004)

69. **Subcontracts - Construction** (July 2004)

**3.2.2.3-75 Requests for Contract Information** (July 2004)

**3.2.2.7-6 Protecting the Government's Interest when Subcontracting
with Contractors Debarred, Suspended, or Proposed for Debarment** (April
1996)

**3.2.5-1 Officials Not to Benefit** (April 1996)

**3.2.5-3 Gratuities or Gifts** (January 1999)

**3.2.5-4 Contingent Fees** (October 1996)

5.  **Anti-Kickback Procedures** (October 1996)

**3.2.5-6 Restrictions on Subcontractor Sales to the FAA** (April 1996)

**3.2.5-7 Disclosure Regarding Payments to Influence Certain Federal
Transactions** (June 1999)

**3.2.5-8 Whistleblower Protection for Contractor Employees** (April
1996)

**3.3.1-2 Payments under Fixed-Price Construction Contracts** (April
1996)

**3.3.1-9 Interest** (January 2008)

**3.3.1-15 Assignment of Claims** (April 1996)

**3.3.1-19 Prompt Payment for Construction Contracts** (January 2003)

**3.4.1-7 Notice to Proceed** (April 1996)

**3.4.1-10 Insurance\--Work on a Government Installation** (July 1996)

6.  **Taxes\--Contracts Performed in U.S. Possessions or Puerto Rico**
    (October 1996)

**3.4.2-8 Federal, State, and Local Taxes\--Fixed Price Contract**
(April 1996)

4.  **Patent Indemnity\--Construction Contracts** (April 1996)

**3.6.1-3 Utilization of Small, Small Disadvantaged, Women-Owned, and
Service-Disabled Veteran Owned Small Business Concerns** (September
2001)

**3.6.1-4 Small, Small Disadvantaged, Women-Owned and Service-Disabled
Veteran Owned Small Business Subcontracting Plan** (September 2001)

1.  **Contract Work Hours and Safety Standards Act-Overtime
    Compensation** (September 2003)

**3.6.2-2 Convict Labor** (April 1996)

**3.6.2-9 Equal Opportunity** (August 1998)

**3.6.2-12 Affirmative Action for Special Disabled and Vietnam Era
Veterans** (January 1998)

**3.6.2-13 Affirmative Action for Handicapped Workers** (April 2000)

**3.6.2-14 Employment Reports on Special Disabled Veterans and Veterans
of Vietnam Era** (January 1998)

16. **Notice to the Government of Labor Disputes** (April 1996)

**3.6.2-18 Davis Bacon Act** (April 1996)

**3.6.2-19 Withholding\--Labor Violations** (April 1996)

**3.6.2-20 Payrolls and Basic Records** (June 1999)

**3.6.2-21 Apprentices, Trainees, and Helpers** (April 1996)

**3.6.2-22 Subcontracts (Labor Standards)** (April 1996)

23. **Certification of Eligibility** (April 1996)

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35. **Prevention of Sexual Harassment** (August 1998)

**3.6.2-39 Trafficking in Persons** (July 2007)

2.  **Clean Air and Clean Water** (April 1996)

**3.6.3-12 Asbestos-Free Construction** (August 1998)

13. **Recycle Content and Environmentally Preferable Products** (January
    2002)

**3.6.3-14 Use Of Environmentally Preferable Products** (January 2002)

**3.6.3-15 Material Requirements** (October 2002)

**3.6.3-16 Drug Free Workplace** (January 2004)

**3.6.4-3 Buy American Act\--Construction Materials** (July 1996)

**3.6.4-10 Restrictions on Certain Foreign Purchases** (April 1996)

1.  **Contract Disputes** (November 2002)

**3.9.1-2 Protest After Award** (August 1997)

7.  **Bankruptcy** (April 1996)

**3.10.1-8 Suspension of Work** (August 1998)

**3.10.1-15 Changes\--Construction, Dismantling, Demolition, or Removal
of Improvements** (July 1996)

**3.10.1-16 Changes and Changed Conditions** (April 1996)

**3.10.1-19 Modification Cost Proposal - Price Breakdown
(Construction)** (April 1996)

**3.10.1-20 Warranty\--Construction** (April 1996)

**3.10.1-25 Novation and Change-Of-Name Agreements** (January 2003)

**3.10.6-1 Termination for Convenience of the Government (Fixed Price)**
(October 1996)

6.  **Default (Fixed Price Construction)** (October 1996)

**3.13-5 Seat Belt Use by Contractor Employees** (January 1999)

**3.14-3 Foreign Nationals as Contractor Employees** (July 2006)

**PART III - SECTION J**

LIST OF ATTACHMENTS

[ATTACHMENT]{.underline} [TITLE]{.underline} [DATE]{.underline} [NO. OF
PAGES]{.underline}

1 Statement of Work for Sarasota RCAG Towers undated 8

2 Requirements for Fixed Ladder and Ladder undated 1

Safety System

3 Screening Standards-CONTRACTOR 07/01 1

4 Adjudicative Standards: Issues 07/01 1

5 FAA Contractor Injury/Illness Information undated 1

6 General Decision Number: FL070070, 7/20/07 3

State: Florida

**PART IV - SECTION K**

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

**K.1 NAICS CODE AND SMALL BUSINESS SIZE STANDARD** (November 2000)
**CLA.0126**

\(a\) The North American Industry Classification System (NAICS) code for
this acquisition is 23170.

\(b\) The small business size standard is \$13 million.

\(c\) The small business size standard for a concern which submits an
offer in its own name, other than on a construction or service contract,
but which proposes to furnish a product which it did not itself
manufacture, is 500 employees.

**3.2.2.3-10 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)

**3.2.2.3-15 Authorized Negotiators** (July 2004)

The offeror states that the following persons are authorized to
negotiate on your behalf with the FAA in connection with this offer:\
Name:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Title:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Phone number:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**3.2.2.3-70 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 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 104 -134, 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
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**3.2.2.3-76 Representation- Release of Contract Information** (July
2004)

\(a\) Any contract resulting from this SIR may be subject to release
under the Freedom of Information Act (FOIA), 5 U.S.C. Section 552.\
(b) The offeror's (you, your) position regarding the possible release of
information you provide in response to this SIR is as follows:\
(c) REPRESENTATION CONCERNING RELEASE OF CONTRACT INFORMATION\--\
The offeror (you) represents that\--(1)\[ \] You have made a complete
review of your offer(s) in response to this SIR and no exemption from
mandatory release under FOIA exists, and, (2)\[ \] You have no objection
to the release of any contract you may be awarded in whole or in part
resulting from this SIR.\
OR\
The offeror (you) represents that \[ \] your offer(s) in response to
this SIR contains information that is exempt from mandatory release
under FOIA. Accordingly, you represent that\--(1)\[ \] You have
identified any sensitive documents you submitted in response to this SIR
by placing restrictive markings on them. This may include trade secrets,
proprietary information, or commercial or financial information that is
privileged or confidential, and (2)\[ \] As the party that provided the
information, you have provided the Contracting Officer (by separate
letter concurrent with this offer) detailed information listing the
page(s) to be withheld complete with any and all legal justifications
which would permit the FAA to invoke a FOIA exemption.

**3.2.2.7-7 Certification Regarding Debarment, Suspension, Proposed
Debarment, and Other Responsibility Matters** (April 1996)

\(a\) (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, 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.

\(ii\) 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 CERTIFICATION MAY
RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18,
UNITED STATES CODE.

\(b\) 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.

\(c\) 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.

\(d\) 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.

\(e\) 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.

**3.3.1-35 Certification of Registration in Central Contractor
Registration (CCR)** (April 2006)

In accordance with Clause 3.3.1-33, Central Contractor Registration,
offeror certifies that they are registered in the CCR Database and have
entered all mandatory information including the DUNS or DUNS+4 Number.\
\
Name: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\
Title: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\
Phone Number: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**3.6.2-6 Previous Contracts and Compliance Reports** (April 1996)

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. 10925, or the clause
contained in Section 201 of Executive Order No. 11114; (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.

**3.1-1 Clauses and Provisions Incorporated by Reference** (December
2005)

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:
[http://conwrite.faa.gov](http://conwrite.faa.gov/)/ (on this web page,
select \"Search and View Clauses\").

**3.6.2-5 Certification of Nonsegregated Facilities** (April 1996)

**3.6.3-1 Clean Air and Water Certification** (April 2000)

**PART IV - SECTION L**

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

### L.1 Instructions to Offerors

Certain representations and certifications must be made by the offeror
and must be filled in as appropriate. The signature of the offeror on
the face page of this SIR/RFO (Standard Form 33 or Standard Form 26, as
applicable) constitutes the making of certain representations and
certifications, **WITH THE EXCEPTION OF THE FEDERAL AVIATION
ADMINISTRATION ACQUISITION MANAGEMENT SYSTEM (AMS) BUSINESS
DECLARATION,** which is specifically required to be completed, signed
and submitted with offer. Award of any contract to the offeror shall be
considered to have incorporated the applicable representations and
certifications by reference.

**L.2** **Prevention of Other Forms of Harassment** (May 2002)
**CLA.4551**

\(a\) \'Harassment\', as used in this clause, means any verbal, written,
graphic, or physical form of harassment or other misconduct that creates
or that may reasonably be expected to create an intimidating, hostile,
or offensive work environment based on race, color, religion, gender,
sexual orientation, national origin, age, or disability.

\(b\) It is FAA policy that harassment as defined in paragraph (a) above
will not be tolerated or condoned in the FAA workplace. It is also
FAA\'s intent to effectively address inappropriate conduct.

\(c\) The Contractor agrees to support this policy in performing work
under this contract, and that harassment in any form will not be
tolerated in the FAA workplace.

\(d\) If the Contractor, or a subcontractor of any tier, subcontracts
any portion of the work under this contract, each such subcontract shall
include this provision.

\(e\) The Contractor shall take whatever corrective action it deems
necessary to promptly address harassment in the FAA workplace, or on an
FAA site. The Contractor agrees to immediately provide the Contracting
Officer all relevant information pertaining to any such conduct, and
notify him/her of its planned action.

\(f\) The Contracting Officer may require the Contractor to remove
employee(s) from the FAA worksite that the Contracting Officer deems to
have engaged in harassment as defined in paragraph (a) above.

\(g\) Any FAA action under subsection (f) above does not relieve the
Contractor of its liability or obligations under the Civil Rights Act of
1964, or any other applicable law or regulation.

**3.2.2.3-20 Electronic Offers** (July 2004)

\(a\) The offeror (you) may submit responses to this SIR by the
following electronic means facsimile or e-mail. 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 fax number 405/954-9219 or
e-mail Connie.M.Houpt@faa.gov.

\(f\) If you chose to send your offer electronically, we will not be
responsible for any failure attributable to transmitting or receiving
the offer.

**3.2.2.3-38 Requirements for Cost or Pricing Data or Other
Information** (July 2004)

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 3.2.2.3-39, \"Requirements for 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.

**3.2.2.3-63 Site Visit (Construction)** (July 2004)

\(a\) AMS clauses 3.2.2.3-42, Differing Site Conditions, and 3.2.2.3-43,
Site Investigations and Conditions Affecting the Work, will be included
in any contract awarded under this SIR. Accordingly, FAA urges and
expects offerors to inspect the site where the work will be performed.\
(b) A site visit will be held on ***February 12, 2008 at 9:00 a.m.*** at
the Sarasota, FL RCAG site. Please, contact Wilberto Torres at the RCAG
Site*,* 941/355-3834, for directions to the site prior to 2:00 p.m.

February 11, 2008.

**3.2.4-1 Type of Contract** (April 1996)

The FAA contemplates award of a firm-fixed-price type contract resulting
from this Screening Information Request.

**3.9.1-3 Protest** (November 2002)

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. 46110 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. A protest is
considered to be filed on the date it is received by the ODRA.

\(d\) 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, AGC-70,

Federal Aviation Administration,

800 Independence Ave., S.W.,

Room 323,

Washington, DC 20591,

Telephone: (202) 267-3290,

Facsimile: (202) 267-3720; 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
[http://www.faa.gov](http://www.faa.gov/).

**3.13-4 Contractor Identification Number---Data Universal Numbering
System (DUNS) Number** (April 2006)

\(a\) 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 CCR 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 CCR 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 CCR 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 ne.

> \(1\) An offeror may obtain a DUNS number
>
> \(i\) If located within the United States, by calling Dun and
> Bradstreet at 1-866-705-5711

or via the Internet at [http://www.dnb.com](http://www.dnb.com/)/; 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).

**3.1-1 Clauses and Provisions Incorporated by Reference** (December
2005)

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:
[http://conwrite.faa.gov](http://conwrite.faa.gov/)/ (on this web page,
select \"Search and View Clauses\").

**3.2.2.3-1 False Statements in Offers** (July 2004)

**3.2.2.3-11 Unnecessarily Elaborate Submittals** (July 2004)

12. **Amendments to Screening Information Requests** (July 2004)

**3.2.2.3-13 Submission of Information/Documentation/Offers** (July
2004)

**3.2.2.3-14 Late Submissions, Modifications, and Withdrawals of
Submittals** (July 2004)

**3.2.2.3-16 Restriction, Disclosing and Using Data** (July 2004)

17. **Preparing Offers** (July 2004)

**3.2.2.3-18 Prospective Offeror\'s Requests for Explanations** (July
2004)

**3.2.2.3-19 Contract Award** (July 2004)

**PART IV - SECTION M**

EVALUATION FACTORS FOR AWARDS

### M.1 Evaluation for Award

######## Award will be made to the responsible, acceptable offeror submitting the lowest total offer and whose proposal meets the Government\'s minimum requirements called out in Section B and the documents referred to therein.