SOLICITATION OFFER AND AWARD

Transcription

1 Procurement and Contracts Dept., MA-29 1 Aviation Circle, Suite 154 Washington, DC PROCUREMENT AND CONTRACTS DEPT. SOLICITATION OFFER AND AWARD 1. FOR INFORMATION CALL NAME: Darren Durbin Darren.Durbin@MWAA.com TELEPHONE NUMBER: (No Collect Calls) SOLICITATION NUMBER 3. TYPE OF SOLICITATION 4. DATE ISSUED REQUEST FOR PROPOSALS (RFP) January 20, DESCRIPTION OF SUPPLIES, SERVICES, CONSTRUCTION SOLICITATION PAGE I -1 The Contractor shall furnish all necessary labor, materials, tools, equipment and supervision to provide Construction Management at Risk (CMAR) for the Terminal B/C Long-Term Redevelopment Program at Ronald Reagan Washington National Airport. Work will be issued through task orders.. 100% Payment and Performance Bonds shall be required for each Task Order. All questions concerning this solicitation must be submitted by 2:00 PM February 26, 2016 via the Airports Authority's website at: Note: This solicitation has a 25% LDBE participation requirement. NOTE: CONTRACTORS ARE RESPONSIBLE FOR VERIFYING NUMBER AND DATES OF AMENDMENTS PRIOR TO SUBMITTING A PROPOSAL. FAILURE TO ACKNOWLEDGE AN AMENDMENT MAY RESULT IN PROPOSAL BEING DETERMINED NON-CONFORMING. 6. BOND REQUIREMENTS PAYMENT BOND: 100% PERFORMANCE BOND: 100% 7. PRE-PROPOSAL CONFERENCE DATE: February 3, 2016 TIME: 10:00 AM LOCATION: Historic Terminal A lobby at Ronald Reagan Washington National Airport 8. DEADLINE FOR OFFER SUBMISSION Sealed offers to perform the work or to furnish the supplies or services in the Schedule are due at the place specified at the top of this form by 2:00 P.M. local time, March 7, SEE SECTION V, PROVISION 17 OFFER DOCUMENTS AND SECTION IX, ATTACHMENT 02 FOR OFFER PREPARATION INSTRUCTIONS. Sealed envelopes containing offers shall be marked to show the offeror s name and address, the solicitation number, and the date and time the offers are due. Proposals will not be publicly opened. OFFER (Must be fully completed by offeror) 9. NAME AND ADDRESS OF OFFEROR (Include Zip Code) 11. REMITTANCE ADDRESS (If different than Item9) 12A. ADDRESS 10A. TELEPHONE NUMBER 10B. FAX NUMBER 12B. COMPANY INTERNET WEBSITE NOTICE: Offer shall be valid for 60 days 13. ACKNOWLEDGMENT OF AMENDMENTS (This offeror acknowledges receipt of amendments to this solicitation - give number and date of each) 14A. NAME & TITLE OF PERSON AUTHORIZED TO SIGN OFFER AMENDMENT NO. 14B. SIGNATURE 14C. DATE DATE AWARD (To be completed by MWAA) 15. ACCEPTED AS TO ITEMS NUMBERED 20A. NAME OF CONTRACTING OFFICER 16. CONTRACT NUMBER 17. AMOUNT 20B. SIGNATURE OF CONTRACTING OFFICER 18. DATE OF AWARD 19. CONTRACT EFFECTIVE DATE MWAA Form PR-05 (Rev.6/2011)

2 SECTION II - TABLE OF CONTENTS SECTION I SOLICITATION OFFER AND AWARD... I-1 SECTION II - TABLE OF CONTENTS... II-1 SECTION III PRICE SCHEDULE... III-1 SECTION IV - REPRESENTATIONS AND CERTIFICATIONS... IV-1 01 PARENT COMPANY AND IDENTIFYING DATA... IV-1 02 TYPE OF BUSINESS ORGANIZATION... IV-2 03 AUTHORIZED NEGOTIATORS... IV-2 04 LOCAL DISADVANTAGED BUSINESS ENTERPRISE REPRESENTATION... IV-2 05 MINORITY BUSINESS ENTERPRISE REPRESENTATION... IV-3 06 WOMEN BUSINESS ENTERPRISE REPRESENTATION... IV-4 07 CONTRACTOR IDENTIFICATION... IV-4 08 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION... IV-4 09 VIRGINIA LICENSE CERTIFICATION... IV-5 10 CERTIFICATION OF COMPLIANCE WITH EMPLOYMENT ELIGIBILITY VERIFICATION, FORM I-9... IV-5 11 CERTIFICATION OF ENROLLMENT IN E-VERIFY... IV-5 12 CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS... IV-6 SECTION V - SOLICITATION PROVISIONS...V-1 01 PRE-PROPOSAL CONFERENCE... V-1 02 SOLICITATION DEFINITIONS AND PRELIMINARY MATTERS... V-1 03 CONTRACT AWARD... V-5 04 PRE-AWARD SURVEY... V-6 05 SITE VISIT... V-6 06 ACKNOWLEDGMENT OF AMENDMENTS TO SOLICITATION... V-7 07 EXPLANATION TO PROSPECTIVE OFFERORS... V-7 Section II-1

3 08 PREPARATION OF OFFERS... V-7 09 SUBMISSION OF OFFERS... V-8 10 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF OFFERS... V-8 11 SOLICITATION COSTS... V-9 12 OFFEROR'S QUALIFICATIONS... V-9 13 ESTIMATED COST OF CONSTRUCTION... V-9 14 TYPE OF CONTRACT... V PLACE OF PERFORMANCE... V RESTRICTION ON DISCLOSURE AND USE OF INFORMATION... V OFFER DOCUMENTS... V PROTESTS... V INSURANCE... V METHOD OF PROCUREMENT- BEST VALUE... V NOTIFICATION OF OFFER RESULTS... V CONFLICT OF INTEREST... V SUBMISSION OF W-9 REQUIRED PRIOR TO AWARD... V-13 SECTION VI - SPECIAL PROVISIONS... VI-1 01 PROHIBITION ON POSTING OF PLANS AND SPECIFICATIONS ON WEB SITES... VI-1 02 COMMUNITY BENEFITS... VI-1 03 MINIMUM WAGES... VI-2 SECTION VII - POLICIES ON EQUAL OPPORTUNITY, MINORITY AND WOMEN BUSINESS ENTERPRISE (MBE/WBE) PARTICIPATION, AND EMPLOYMENT OF VETERANS... VII-1 01 EQUAL OPPORTUNITY... VII-1 02 MBE/WBE PARTICIPATION... VII-1 03 TECHNICAL ASSISTANCE... VII-1 04 MONITORING OF MBE/WBE PARTICIPATION... VII-1 05 EMPLOYMENT OF VETERANS... VII-2 Section II-2

4 SECTION VIII - LOCAL DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION REQUIREMENTS... VIII-1 01 LDBE PARTICIPATION... VIII-1 02 LDBE CERTIFICATION REQUIREMENTS... VIII-1 03 LDBE PARTICIPATION REQUIREMENTS... VIII-2 04 REQUEST FOR WAIVER... VIII PRE-AWARD SUBSTITUTIONS... VIII POST-AWARD COMPLIANCE... VIII DEFINITIONS... VIII-15 SECTION IX - ATTACHMENTS... IX-1 01 STATEMENT OF WORK 02 EVALUATION CRITERIA AND OFFER SUBMISSION REQUIREMENTS 03 LDBE EXHIBITS 04 CMR CONTRACT Section II-3

5 SECTION III PRICE SCHEDULE The Price Schedule for this RFP is provided on the following pages and is also in Microsoft Excel format and downloadable at: The Price Schedule must be completed electronically and then printed. The Price Schedule must be submitted in both electronic and hard copy format. The hard copy is due not later than the time specified in Block 8 of the Solicitation Offer and Award form. The electronic copy of the Price Schedule in its original Microsoft Excel format on either a CD-ROM or USB Flash Drive is due no later than 24 hours after the deadline for the hard copy. In the event of a discrepancy between the hard copy and the file on CD-ROM or USB Flash Drive, the hard copy will take precedence. Section III-1

6 PRICE SCHEDULE NAME OF OFFEROR OR CONTRACTOR Type Contractor Name Here SOLICITATION OR CONTRACT NUMBER PAGE Section III SCOPE OF WORK The Contractor shall provide all management, supervision, staff, labor, services, resources, facilities, plant, transportation, materials, equipment, construction, contracting and other items to perform and complete the Construction Manager at Risk services and requirements in accordance with the CMR Contract and the other Contract Documents ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT AMOUNT 1.1 Secure National Hall 1 Lump Sum 1.2 New Concourse 1 Lump Sum SUBTOTAL - PRE-CONSTRUCTION SERVICES (Items 1.1 and 1.2) 2.00 ITEM NO. SUPPLIES/SERVICES PERCENTAGE PRE-CONSTRUCTION SERVICES CONSTRUCTION SERVICES CMR Construction Services Fee Percentage (%) 1 CMR Construction Services General Conditions Unit Rates ITEM NO. SUPPLIES/SERVICES HOURLY RATES 2 MONTHLY RATES 2 ASSUMPTIONS 3 EXTENDED AMOUNT Management Personnel 5 a Program Manager 6 (rate for 1 person) b Program Safety Manager (rate for 1 person) c Program Quality Control Manager (rate for 1 person) d Program Controls Manager (rate for 1 person) e Project Manager (rate for 1 person) f Project Engineer (rate for 1 person) g Safety Manager (rate for 1 person) h Quality Control Manager (rate for 1 person) i General Superintendent (rate for 1 person) j Foreman (rate for 1 person) Item Subtotal TO BE COMPLETED 1 person, 12,000 hours 1 person, 12,000 hours 1 person, 12,000 hours 1 person, 12,000 hours 1 person, 12,000 hours 1 person, 12,000 hours 1 person, 12,000 hours 1 person, 12,000 hours 1 person, 12,000 hours 1 person, 12,000 hours ELECTRONICALLY ITEM NO. SUPPLIES/SERVICES HOURLY RATES 2 MONTHLY RATES 2 ASSUMPTIONS 3 EXTENDED AMOUNT Field Office a Secretary/Receptionist (rate for 1 person) b Jobsite Trailer / Office, Including supplies and equipment (rate for 1 trailer) c Drinking Water (rate for 100 people) Item Subtotal N/A N/A 1 person, 12,000 hours 1 trailer, 84 months 100 people, 84 months ITEM NO. SUPPLIES/SERVICES HOURLY RATES 2 MONTHLY RATES 2 ASSUMPTIONS 3 EXTENDED AMOUNT Administrative, Communications & IT a Site Telecommunications (rate for 1 person) b Computer Equipment Software (rate for 1 person) N/A N/A 10 people, 84 months 10 people, 84 months

7 PRICE SCHEDULE NAME OF OFFEROR OR CONTRACTOR Type Contractor Name Here SOLICITATION OR CONTRACT NUMBER PAGE Section III SCOPE OF WORK The Contractor shall provide all management, supervision, staff, labor, services, resources, facilities, plant, transportation, materials, equipment, construction, contracting and other items to perform and complete the Construction Manager at Risk services and requirements in accordance with the CMR Contract and the other Contract Documents. c Postage & Shipping (rate for 1 month) d Drawing Reproduction (rate for 1 month) Item Subtotal N/A 84 months N/A 84 months ITEM NO. SUPPLIES/SERVICES HOURLY RATES 2 MONTHLY RATES 2 ASSUMPTIONS 3 EXTENDED AMOUNT Engineering and Other Personnel 5 a Land Surveyor (rate for 1 person) b Fire Protection Engineer (rate for 1 person) c Geotechnical Engineer (rate for 1 person) d Support of Excavation Engineer (rate for 1 person) e Environmental Engineer (rate for 1 person) f Commissioning Agent (rate for 1 person) g Industrial Hygienist (rate for 1 person) h Erosion and Sediment Control Inspector (rate for 1 person) i Safety Engineer (rate for 1 person) j Master Electrician (rate for 1 person) k Scheduler (rate for 1 person) l Submittal Reviewer (rate for 1 person) m Flagman (rate for 1 person) n First Aid Attendant (rate for 1 person) o Quality Control Assistant (rate for 1 person) p Quality Control Specialist (rate for 1 person) TO BE COMPLETED Item Subtotal 1 person, 2,000 hours 1 person, 2,000 hours 1 person, 2,000 hours 1 person, 2,000 hours 1 person, 2,000 hours 1 person, 2,000 hours 1 person, 2,000 hours 1 person, 2,000 hours 1 person, 2,000 hours 1 person, 2,000 hours 1 person, 2,000 hours 1 person, 2,000 hours 1 person, 2,000 hours 1 person, 2,000 hours 1 person, 2,000 hours 1 person, 2,000 hours ELECTRONICALLY ITEM NO. SUPPLIES/SERVICES HOURLY RATES 2 MONTHLY RATES 2 ASSUMPTIONS 3 EXTENDED AMOUNT Jobsite Conditions a Jobsite Cleanup (rate for 10,000 square feet) b Photographic and Video Recording Documentation (rate for 1 month) c Site Security Fence (rate for 1,000 linear feet) d Laydown Area (rate for 5,000 square feet) e Parking (rate for 1 vehicle) f Temporary Toilets N/A N/A N/A N/A N/A N/A per 10,000 sf per month per 1,000 lf per 5,000 sf per vehicle 100,000 sq ft, 84 months 84 months 1,000 linear ft, 84 months 5,000 sq ft, 84 months 100 vehicles, 84 months 10 toilets,

8 PRICE SCHEDULE NAME OF OFFEROR OR CONTRACTOR Type Contractor Name Here SOLICITATION OR CONTRACT NUMBER PAGE Section III SCOPE OF WORK The Contractor shall provide all management, supervision, staff, labor, services, resources, facilities, plant, transportation, materials, equipment, construction, contracting and other items to perform and complete the Construction Manager at Risk services and requirements in accordance with the CMR Contract and the other Contract Documents. (rate for 1 toilet) g Railings and Barricades (rate for 100 linear feet) N/A per toilet per 100 lf 84 months 1,000 Linear ft, 70 months Item Subtotal NOTES: SUBTOTAL - ITEM 2.2 (Items through 2.2.5) TOTAL PRICE PROPOSAL 7 TOTAL ITEMS 1.1, 1.2 AND 2.2 PERCENTAGE FROM ITEM 2.1 WARNING: PRICE SCHEDULE INCOMPLETE. Pricing must be provided for all of the above items. OTHER: If there are general conditions items not listed above that the Offeror envisions needing for the Construction Work Packages, then, in accordance with block 5 of the Solicitation Offer and Award, Page I-1, it shall submit a question asking whether the Authority desires to revise the price schedule to include those items. FOOTNOTES: 1 This percentage will be used to establish the CMR Construction Services Fee for each Construction Work Package. For each Construction Work Package, the CMR Construction Services Fee will be calculated by multiplying the CMR Construction Services Fee Percentage by the sum of (1) the CMR Construction Services Approved Direct Cost for that Construction Work Package, and (2) the CMR Construction Services General Conditions Fee for that Construction Work Package. 2 The Hourly Rates and Monthly Rates apply to all Construction Work Packages and will be utilized and applied for the entire duration of the CMR Contract, with no escalation or variation. The Hourly Rates and Monthly Rates will be used to establish the CMR Construction Services General Conditions Fee for each Construction Work Package. For each Construction Work Package, the CMR Construction Services General Conditions Fee will be calculated by: (1) identifying the CMR Construction Services General Conditions items applicable to the Construction Work Package; (2) for each such item, identifying the number of units required for that item (e.g., if the rate is for 1 person and there will be 2 people, then 2 units are required); and (3) for each such item, multiplying the number of units by the hourly or monthly rate for that item. For personnel, the monthly rate will be used for a given month in lieu of the hourly rate if the monthly rate is less than the hourly rate applied to the number of hours that person is anticipated to work on the Program or Construction Work Package that month. There will be no duplication of payment for CMR Construction Services General Conditions. All hourly and monthly rates for personnel are fully burdened and are deemed to include all vehicle costs and allowances, if any. TO BE COMPLETED ELECTRONICALLY 3 4 Rates applied to assumptions. Similar to note 3 above, the extended amounts are for the sole purpose of price analysis of the Offers The quantities and units provided in these columns are assumptions and: are provided for the sole purpose of price analysis of the Offers; are neither an estimate nor a representation by the Authority of the number of units required for any or all of the Construction Work Packages or the duration for which they will be required; and shall not be relied upon by the Offerors, or the Contractor, for any purpose. This list is not meant to dictate how the Contractor manages the Work. Refer to the Contract Documents for staffing issues and requirements. Positions that include the term Program refer to positions held at the Program level. All other positions refer to positions held at the Construction Work Package level. Inclusion of Subtotal - Item 2.2 is for the sole purpose of price analysis of the Offers. The Price Schedule from the successful Offeror that is attached to the CMR Contract will not include the Assumptions or Extended Amount Columns, the Subtotals for Items through 2.2.5, or the Subtotal - Item 2.2.

9 PRICE SCHEDULE NAME OF OFFEROR OR CONTRACTOR Type Contractor Name Here SOLICITATION OR CONTRACT NUMBER PAGE Section III SCOPE OF WORK The Contractor shall provide all management, supervision, staff, labor, services, resources, facilities, plant, transportation, materials, equipment, construction, contracting and other items to perform and complete the Construction Manager at Risk services and requirements in accordance with the CMR Contract and the other Contract Documents. ELECTRONIC SUBMISSION OF PRICE SCHEDULE: This Price Schedule must be submitted in both electronic and hard copy. The electronic copy of the Price Schedule must be submitted in its original Microsoft Excel Format on either a CD-ROM or USB Flash Drive. The structure of the schedule is protected and shall not be modified in any way. Modified schedules may be deemed non-conforming to the solicitation. In the event of a discrepancy between the hard copy and the Microsoft Excel file on CD-ROM or USB Flash Drive, the hard copy will take precedence. BASIS OF AWARD: The Authority will award a contract resulting from this Solicitation to the responsible Offeror whose Offer, conforming to the Solicitation, will be most advantageous to the Authority, cost or price and other factors specified elsewhere in this Solicitation, considered. BASE PRICE SHALL NOT INCLUDE COSTS FOR AUTHORITY PROVIDED INSURANCE PREMIUMS FOR OFFEROR OR SUBCONTRACTORS OF ANY TIER. NOTICE: This contract is covered by the Aviation Owner Controlled Insurance Program (OCIP) and participation by the contractor and subcontractors is required. OCIP coverage, as described in CMR Contract Article 20 is provided by the Authority at no cost to the contractor. The proposed CMR Construction Services Fee Percentage shall include costs for insurance premiums for insurance required of the Contractor as described in CMR Contract Article 20. COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK: The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives Notice to Proceed; (b) prosecute the work diligently; and (c) complete all work ready for use not later than the number of days specified on each Task Order. TO BE COMPLETED ELECTRONICALLY

10 SECTION IV - REPRESENTATIONS AND CERTIFICATIONS For purposes of Sections IV(01), IV(10), IV(11) and IV(12), with respect to an Offeror which is a single purpose entity formed for the sole purpose of participating in this Solicitation and performing as the Contractor, the term Offeror includes any entity possessing an ownership interest in the single purpose entity exceeding thirty-three (33) percent; and with respect to an Offeror which is a joint venture, the term Offeror includes any partner in the joint venture possessing an ownership interest in the joint venture exceeding thirty-three (33) percent. 01 PARENT COMPANY AND IDENTIFYING DATA 1 A. A "parent" company, for the purpose of this provision, is one that owns or controls the activities and basic business policies of the Offeror. To own the Offeror's company means that the parent company must own at least 51% of the voting rights in that company. A company may control an Offeror as a parent company even though not meeting the requirement for such ownership if the parent company is able to formulate, determine, or veto basic policy decisions of the Offeror through the use of dominant minority voting rights, use of proxy voting, or otherwise. B. The Offeror [ ] is, [ ] is not (check applicable box) owned or controlled by a parent company. C. If the Offeror checked "is" in paragraph B. above, it shall provide the following information: Name and Main Office Address of Parent Company (include zip code) Parent Company's Employer's Identification Number D. If the Offeror checked "is not" in paragraph B. above, it shall insert its own Employer's Identification Number on the following line:. E. The Offeror (or its parent company) [ ] is, [ ] is not (check applicable box) a publicly traded company. F. The Offeror shall insert the name(s) of its principal(s) on the following line:. G. "Principals," for the purposes of this provision, means officers; directors; owners; partners; and, individuals having primary management or supervisory responsibilities 1 If, pursuant to the first paragraph in this Section IV, the representations and certifications in this Section IV(01) are to be made by more than one entity, Offeror shall attach to this Section IV a supplemental page for each such other entity which identifies the entity and contains its Section IV(01) representations and certifications. Section IV-1

11 within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). 02 TYPE OF BUSINESS ORGANIZATION A. The Offeror, by checking the applicable box, represents that: 1. It is not a foreign entity and it operates as [ ] a corporation incorporated under the laws of the State of, [ ] an individual, [ ] a partnership, [ ] a nonprofit organization, or [ ] a joint venture. 2. It is a foreign entity and it operates as [ ] an individual, [ ] a partnership, [ ] a nonprofit organization, [ ] a joint venture, or [ ] a corporation, registered for business in (country). B. If the Offeror is a single purpose entity formed for the sole purpose of participating in this Solicitation and performing as the Contractor, it shall provide the identity of the entities which have an ownership interest in the Offeror and, as to each, shall state the percentage of its ownership interest: % % % C. If the Offeror is a joint venture, it shall provide the identity of the entities which are a partner in the joint venture and, as to each, shall state the percentage of its ownership interest in the joint venture: % % % 03 AUTHORIZED NEGOTIATORS The Offeror represents that the following individuals are authorized to negotiate on its behalf with the Authority in connection with this solicitation: 04 LOCAL DISADVANTAGED BUSINESS ENTERPRISE REPRESENTATION A. Representation The Offeror represents and certifies as part of its Offer that it [ ] is, [ ] is not a Local Disadvantaged Business Enterprise, and that [ ] none, [ ] some, [ ] all of the entities, if any, it identified in Section IV(02) B. or C. is or are a Local Disadvantaged Business Enterprise. Section IV-2

12 B. Definitions "Local Disadvantaged Business Enterprise" (LDBE) is defined as a disadvantaged business concern which is organized for profit and which is located within a 100-mile radius of Washington, DC's zero mile marker. Business entities located within counties that fall partially within the aforementioned boundary would also be eligible to participate in the Authority's LDBE Program. "Located" means that, as of the date of the contract solicitation, a business entity has an established office or place of business within a city, county, town, or political jurisdiction within the 100-mile radius referenced above. Evidence of whether a business is "located" within the region includes, but is not limited to: an address that is not a post office box; employees at that address; business license; payment of taxes; previous performance of work similar to work to be performed under contract, or related work; and other indicia. A "disadvantaged business" is defined as a firm which is not dominant in its field, and which meets the Authority's disadvantaged business size standard(s) for this solicitation. C. Certification Proposed LDBEs must apply to the Authority's Department of Supplier Diversity for certification. For further instruction, see Section VIII on Local Disadvantaged Business Enterprise Participation (LDBE) in this Solicitation. 05 MINORITY BUSINESS ENTERPRISE REPRESENTATION A. Representation. The Offeror represents that it [ ] is, [ ] is not a Minority Business Enterprise, and that [ ] none, [ ] some, [ ] all of the entities, if any, it identified in Section IV(02) B. or C. is or are a Minority Business Enterprise. B. Definition. A Minority Business Enterprise is: 1. A firm of any size which is at least 51% owned by one or more minority individuals or, in the case of a publicly-owned corporation, at least 51% of all stock must be owned by one or more minority individuals; and whose management and daily business operations are controlled by such individuals. A person is considered to be a minority if he or she is a citizen of lawful resident of the United States and is: a. Black (a person having origins in any of the black racial groups in Africa); b. Hispanic (a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race); c. Portuguese (a person of Portugal, Brazilian, or other Portuguese culture or origin, regardless of race); d. Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands); or e. American Indian and Alaskan Native (a person having origins in any of the original peoples of North America.) C. Certification. As verification of this representation, the Offeror is encouraged to attach a copy of a current MBE/WBE certification from any agency to be used for the Authority's monitoring of MBE/WBE participation in its program. Section IV-3

13 06 WOMEN BUSINESS ENTERPRISE REPRESENTATION A. Representation. The Offeror represents that it [ ] is, [ ] is not a Women Business Enterprise, and that [ ] none, [ ] some, [ ] all of the entities, if any, it identified in Section IV(02) B. or C. is or are a Women Business Enterprise. B. Definitions. A Women Business Enterprise is: 1. A firm of any size which is at least 51% owned by one or more women or, in the case of a publicly-owned corporation, at least 51% of stock must be owned by one or more such women; and 2. Whose management and daily business operations are controlled by such individuals. C. Certification. As verification of this representation, the Offeror is encouraged to attach a copy of a current MBE/WBE certification from any agency to be used for the Authority's monitoring of MBE/WBE participation in its program. 07 CONTRACTOR IDENTIFICATION Each Offeror is requested to fill in the appropriate information set forth below: DUNS Identification Number (this number is assigned by Dun and Bradstreet, Inc., and is contained in that company's Data Universal Numbering System (DUNS). If the number is not known, it can be obtained from the local Dun & Bradstreet office. If no number has been assigned by Dun & Bradstreet, insert the word "none." 08 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION A. The Offeror certifies that The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other Offeror or competitor relating to (a) those prices, (b) the intention to submit an offer, or (c) the methods or factors used to calculate the prices offered; 2. The prices in this offer have not been and will not be knowingly disclosed by the Offeror, directly or indirectly, to any other Offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and 3. No attempt has been made or will be made by the Offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. B. Each signature of the Offeror is considered to be a certification by the signatory that the signatory: Section IV-4

14 1. Is the person in the Offeror s organization responsible for determining the prices being offered in its offer, and that the signatory has not participated and will not participate in any action contrary to subparagraphs A.1. through A.3. above; or 2. a. Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs A.1. through A.3. above (Insert full name of person(s)in the Offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the Offeror's organization); b. As an authorized agent, does certify that the principals named in subdivision B.2.a. above have not participated, and will not participate, in any action contrary to subparagraphs A.1. through A.3. above. c. As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs A.1. through A.3. above. C. If the Offeror deletes or modifies subparagraph A.2. above, the Offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. 09 VIRGINIA LICENSE CERTIFICATION The Offeror certifies that it holds a current Class Virginia State Contractor's License, Number. Notice: It is a violation of Virginia law for any party (prime contractor or subcontractor) to engage in, or offer to engage in, contracting work in the Commonwealth of Virginia unless the party has been licensed under the provisions of Title 54, Section 1103 of the Code of Virginia. Violation of this law constitutes the commission of a Class 1 misdemeanor. 10 CERTIFICATION OF COMPLIANCE WITH EMPLOYMENT ELIGIBILITY VERIFICATION, FORM I-9 The Offeror certifies that it and, if applicable, each entity identified in Section IV(02) as having more than a thirty-three (33) percent ownership interest in Offeror, or if the Offeror is a joint venture more than a thirty-three (33) percent ownership interest in such joint venture, [ ] has [ ] has not read and [ ] is [ ] is not in compliance with the Immigration Reform and Control Act of 1986, Pub. L (8 U.S.C. 1324a) and the regulations issued there under. 11 CERTIFICATION OF ENROLLMENT IN E-VERIFY A. If the sum of the amounts the Offeror included in Section 1 of the RFP Price Schedule for the Pre-Construction Phase is over $100,000 the following applies: 1. The Offeror certifies that it and, if applicable, each entity identified in Section IV(02) as having more than a thirty-three (33) percent ownership interest in Offeror, or if the Offeror is a joint venture more than a thirty-three (33) percent ownership interest in such joint venture: Section IV-5

15 [ ] is currently enrolled as a [ ] non-federal Contractor, [ ] Federal Contractor (note that the Authority is not a federal entity and contractors are prohibited from verification of existing employees under any contract with the Authority) in the E-Verify Program for employment verification operated by the U.S. Department of Homeland Security in partnership with the Social Security Administration and will continue to be enrolled, if awarded a contract, for the entire term of such contract. OR [ ] will enroll as a non-federal contractor in the E-Verify Program for employment verification operated by the U.S. Department of Homeland Security in partnership with the Social Security Administration within 30 days of contract award and will continue to be enrolled, if awarded a contract, for the entire term of such contract, but is not currently enrolled in the E-Verify Program. 2. Certification. As verification of this representation, the Offeror is encouraged to attach a copy of proof of enrollment, such as its Maintain Company page from the E-Verify Website B. If the sum of the amounts the Offeror included in Section 1 of the RFP Price Schedule for the Pre-Construction Phase is less than $100,000, this provision is not applicable. 12 CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS 2 A. 1. The Offeror certifies, to the best of its knowledge and belief, that - a. The Offeror and/or any of its Principals - (1) Have [ ] have not [ ] been debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal, state, or local agency within the three (3) year period preceding this offer; (2) Have [ ] have not [ ] had contractor or business license revoked within the three (3) year period preceding this offer; (3) Have [ ] have not [ ] been declared non responsible by any public agency within the three (3) year period preceding this offer; (4) Have [ ] have not [ ], within the three (3) 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 2 Each entity identified in Section IV(02) as having more than a thirty-three (33) percent ownership interest in Offeror, or if the Offeror is a joint venture more than a thirty-three (33) percent ownership interest in such joint venture, shall provide the certification stated in this Section IV(12), and Offeror shall attach to this Section IV supplemental pages for each such entity which identifies the entity and contains its Section IV(12) certification. Section IV-6

16 connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or sub-contract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; violation of labor, employment, health, safety or environmental laws or regulations; (5) Have [ ] have not [ ], within the three (3) year period preceding this offer, been indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subparagraph A.1.a.(4). of this provision; and (6) All performance evaluations within the three (3) year period preceding this offer have [ ] have not [ ] received a rating of satisfactory or better. If not, please provide a copy of the evaluation with detailed explanation. b. The Offeror has [ ] has not [ ] within the three (3) year period preceding this offer, had one or more contracts terminated for default by any Federal, state or local agency. 2. "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, individuals 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). 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 solicitation. 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, the Contracting Officer may terminate the contract resulting from this solicitation for default. Section IV-7

17 01 PRE-PROPOSAL CONFERENCE SECTION V - SOLICITATION PROVISIONS A preproposal conference will be held in the Historic Terminal A lobby at Ronald Reagan Washington Airport, on February 3, 2016 at 10:00 A.M. local time. 02 SOLICITATION DEFINITIONS AND PRELIMINARY MATTERS A. Definitions. Accepted RFP Price Schedule means the RFP Price Schedule, as completed by the Contractor and submitted to the Authority in response to the Solicitation, and accepted by the Contracting Officer. Airport means Ronald Reagan Washington National Airport. Architect-Engineer or A-E means the principal source of design and engineering services contracted by the Authority for the Program. Authority means the. Authority - Contracting Manual is the document that sets forth the contracting policies and procedures of the Authority, and which is known as the Metropolitan Washington Airports Authority Contracting Manual. Award means the Authority s written acceptance of an Offeror s Offer, signed by the Contracting Officer. CMR Construction Services Approved Direct Cost is, with respect to each Construction Work Package, the CMR Construction Services Direct Cost Proposal, as approved by the Contracting Officer. CMR Construction Services Direct Cost Proposal is, with respect to each Construction Work Package, the Contractor s proposal for the direct costs to perform the Work for that Construction Work Package that the Contractor submits to the Authority along with the documentation identified in Sections 6.2.3(d) and of the CMR Contract. For the avoidance of doubt, that proposal shall not include any of the CMR Construction Services General Conditions. CMR Construction Services Fee is, with respect to each Construction Work Package, the allinclusive, mutually agreed upon, lump-sum amount included in the Task Order Price for: all Contractor home office costs inclusive of officers and home office and local office support staff; all costs in connection with the management and enforcement of the LDBE requirements in the Contract Documents; any and all legal costs; all profit and other Contractor overhead; and the Contractor s insurance and performance and payment bonds. The CMR Construction Services Fee only applies to the Construction Work Packages for which there is a Task Order. For each Construction Work Package, the CMR Construction Services Fee will be calculated by multiplying the CMR Construction Services Fee Percentage by the sum of (1) the CMR Construction Services Approved Direct Cost for that Construction Work Package, and (2) the CMR Construction Services General Conditions Fee for that Construction Work Package. Section V-1

18 CMR Construction Services Fee Percentage is the fixed percentage set forth in Section 2.1 of the Accepted RFP Price Schedule. The CMR Construction Services Fee Percentage is used to establish the amount of the CMR Construction Services Fee for each Construction Work Package. CMR Construction Services General Conditions means all of the Contractor s general conditions, general requirements and field overhead items to complete the Work for the Construction Work Packages. All such items are listed in Section 2.2 of the Accepted RFP Price Schedule. CMR Construction Services General Conditions Fee is, with respect to each Construction Work Package, the all-inclusive, mutually agreed upon, lump-sum amount included in the Task Order Price for the CMR Construction Services General Conditions for that Construction Work Package. For each Construction Work Package, the CMR Construction Services General Conditions Fee will be calculated by taking the hourly rates and monthly rates from Section 2.2 of the Accepted RFP Price Schedule for those CMR Construction Services General Conditions applicable to that Construction Work Package and multiplying them by the number of hours or months, as the case may be, for which those CMR Construction Services General Conditions are required for the Construction Work Package, as agreed upon by the Contractor and Contracting Officer. For personnel, the monthly rate will be used for a given month in lieu of the hourly rate if the monthly rate is less than the hourly rate applied to the number of hours that person is anticipated to work on the Program or Construction Work Package that month. Notwithstanding the foregoing, there shall be no duplication of payment for CMR Construction Services General Conditions. By way of example, and not limitation, if the same field office is used for two Construction Work Packages for the same month, the monthly rate for that field office for that month will be included in the CMR Construction Services General Conditions Fee for only one of those Construction Work Packages. CMR Contract means the contract between the Authority and the Contractor for the Program, a draft of which is attached hereto as Attachment 04. CMR Pre-Construction Services Fee is the all-inclusive, mutually agreed upon, lump-sum amount the Authority will pay the Contractor for its proper and complete performance of the Work for a Pre-Construction Work Package, and includes, but is not limited to, all direct costs, home office costs inclusive of officers and home office and local office support staff, any and all legal costs, and overhead and profit. There is a separate CMR Pre-Construction Services Fee for each Pre-Construction Work Package. The CMR Pre-Construction Services Fee for the Secure National Hall and New Concourse is set forth in Section 1.1 and 1.2 of the Accepted RFP Price Schedule, respectively, and those fees will be set forth in separate Task Orders. If the Authority subsequently decides to procure Pre-Construction Services for the Parking Garage or other items, it will issue a Pre-Construction Work Package Request for them. If the Contractor s proposal for a Pre-Construction Work Package Request is approved by the Contracting Officer, the Contracting Officer will issue a Task Order for that Pre-Construction Work Package and the CMR Pre-Construction Services Fee will be set forth in that Task Order. Construction Services means the services required of the Contractor as described in Section of the CMR Contract. Construction Work Package means a specified portion of the Program for which the Contractor is required to provide Construction Services. Section V-2

19 Construction Work Package Request means a written request from the Authority to the Contractor for a proposal to provide Construction Services for a Construction Work Package, and which includes the Construction Documents for that Construction Work Package. If the Contracting Officer approves the Contractor s proposal, it will issue the Contractor a Task Order for those Construction Services. The Contractor shall not proceed with those Construction Services unless and until it receives a fully executed Task Order and a Notice to Proceed from the Contracting Officer for those Construction Services. Contract Documents. With respect to each Work Package, the Contract Documents consist of: the CMR Contract; the Task Order for that Work Package; Contract Modifications applicable to the overall CMR Contract; Contract Modifications applicable only to that Work Package; any other documents expressly identified as Contract Documents in the Task Order for that Work Package; and, for Construction Work Packages, the Contract Documents also include the Construction Documents for that Construction Work Package. Contract Modification shall mean a written document executed by the Contracting Officer and issued to the Contractor, after the CMR Contract is formed, that changes the terms of any of the Contract Documents, and which may or may not be signed by the Contractor. A Contract Modification shall be used for a change to a Task Order. Contracting Officer or CO is a person delegated authority in writing by the Authority to bind the Authority with respect to the CMR Contract. The Contracting Officer is the only person authorized to issue Task Orders or change the scope, price, time, terms or conditions of the Contract Documents. The Contracting Officer is responsible, solely for the benefit of the Authority, for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the terms of the Contract Documents, and safeguarding the interests of the Authority in its contractual relationships. Contracting Officer s Technical Representative or COTR is a person designated responsibility in writing by the Contracting Officer for one or more CMR Contract or Task Order administrative functions not involving a change in the scope, price, terms or conditions of the Contract Documents. The written authorization from the Contracting Officer will contain specific instructions as to the extent to which the COTR may take action and the CMR Contract and Task Order administrative functions for which the COTR is delegated responsibility. The COTR is not authorized to sign contractual documents, issue Task Orders, order changes in any of the Contract Documents, modify any terms of the Contract Documents, or create any liability on the part of the Authority. Contractor means the Offeror selected by the Authority for the Program and who receives the Award. Day means, whether capitalized or not, a calendar day unless specifically stated otherwise. Jobsite means only those areas of the Ronald Reagan Washington National Airport upon which the Construction Work Packages will be constructed and such additional areas that may be designated in writing by the Authority for the Contractor s use in connection with the CMR Contract and Task Orders. New Concourse is defined in the second paragraph of the SOW. Section V-3

20 Notice to Proceed means a written directive from the Contracting Officer to the Contractor to commence or proceed with the Work for a particular Work Package, or a portion thereof, on a particular date, and any further limitations on the extent to which the Contractor may commence and proceed with the Work. "Offer" means the documents submitted to the Authority in response to, and in accordance with, the Solicitation. Offeror means one who submits an Offer to the Authority. Parking Garage is defined in the second paragraph of the SOW. Pre-Construction Services means the services required of the Contractor as described in Section 4.1 of the CMR Contract. Pre-Construction Work Package means a specified portion of the Program for which the Contractor is required to provide Pre-Construction Services. Pre-Construction Work Package Request means a written request from the Authority to the Contractor for a proposal to provide Pre-Construction Services for a Pre-Construction Work Package. If the Contracting Officer approves the Contractor s proposal, it will issue the Contractor a Task Order for those Pre-Construction Services. The Contractor shall not proceed with Pre-Construction Services unless and until it receives a fully executed Task Order and a Notice to Proceed from the Contracting Officer for those Pre-Construction Services. A Pre- Construction Work Package Request will not be issued for the Secure National Hall or New Concourse because the prices for those services are set forth in the Accepted RFP Price Schedule, and Task Orders will be issued for those services following the award of the CMR Contract. Program is defined in the second paragraph of the SOW. RFP Price Schedule means the price schedule for the Solicitation and referenced in Section III. Secure National Hall is defined in the second paragraph of the SOW. "Solicitation" means this Request for Proposals Number for Construction Manager at Risk services, and all written amendments to the same issued by the Authority. SOW means the Statement of Work included as Attachment 01 to this Solicitation. Subcontractor means a contractor, person or entity (other than employees of the Contractor) who has a direct contract with the Contractor to construct, alter, build, demolish, excavate or furnish labor for a Work Package. Sub-subcontractor means a contractor, person or entity of any tier who has a direct or indirect contract with a Subcontractor to perform a portion of the Work. Supplier is a person or entity that has a direct contract with the Contractor to supply materials or equipment needed for the completion of the Work. Section V-4

21 Task Order means the written document issued by the Contracting Officer to the Contractor for signature that sets forth the compensation, schedule and other terms and conditions for a Work Package following the Contracting Officer s acceptance of the Contractor s proposal for that Work Package (or with respect to the Pre-Construction Services for the Secure National Hall and the New Concourse, following the execution of the CMR Contract), and which the Contractor and Contracting Officer both sign. Task Order Price means, with respect to each Task Order, the all-inclusive, lump-sum amount stated in the Task Order that the Authority will pay the Contractor for its proper and complete performance of the Work. For each Construction Work Package, the Task Order Price will be comprised of the following three components: the CMR Construction Services Approved Direct Cost; the CMR Construction Services General Conditions Fee; and, the CMR Construction Services Fee. Further, for Construction Work Packages without Pre-Construction Services, the Task Order Price will also include the incentive amount, if any, earned under Section of the CMR Contract. For each Pre-Construction Work Package, the Task Order Price is the CMR Pre-Construction Services Fee. Work means, with respect to each Pre-Construction Work Package, the performance and completion of the Pre-Construction Services for that package, and includes all management, supervision, staff, labor, services, resources, facilities, plant, transportation, materials, equipment, contracting and other items required to fulfill the Contractor s obligations set forth in the Contract Documents. Work means, with respect to each Construction Work Package, the performance and completion of the Construction Services for that package, and includes all management, supervision, staff, labor, services, resources, facilities, plant, transportation, materials, equipment, storage, handling, installation, contracting and other items required to fulfill the Contractor s obligations set forth in the Contract Documents. The Contractor will perform all Work in accordance with the requirements of the Contract Documents, the Standard of Care, and all applicable federal, state and local laws, statutes, orders, rules, regulations, ordinances and codes, and all Authority rules, regulations, policies, practices and procedures. Work Package means a Construction Work Package or a Pre-Construction Work Package. Work Package Request means a Construction Work Package Request or a Pre-Construction Work Package Request. B. Preliminary Matters. 1. Unless specifically stated otherwise herein, all references in this Solicitation to Sections and Attachments are to the Sections and Attachments of this Solicitation. 2. All uses of the word includes are deemed to mean includes, but is not limited to, and all uses of the word including are deemed to mean including, but not limited to, irrespective of whether those additional phrases are actually used in some places, but not others. 03 CONTRACT AWARD A. The Authority will award a contract resulting from this Solicitation to the responsible Offeror whose Offer, conforming to the Solicitation, will be most advantageous to the Authority, cost or price and other factors specified elsewhere in this Solicitation, Section V-5