REQUEST FOR PROPOSALS (“RFP”) for On-Call Airport Planning Consulting Services for Philadelphia International Airport and Philadelphia Northeast Airport Issued by: CITY OF PHILADELPHIA Department of Commerce, Division of Aviation
All Proposals must be submitted electronically through the eContract Philly online application process at www.phila.gov/contracts, choose eContract Philly. Applicants who have failed to file complete applications through the eContract Philly online application process will not be considered for the contract. Proposals must be received no later than 5:00 p.m. Philadelphia, PA, local time, on DECEMBER 18, 2014 ___________________________________
Michael Nutter, Mayor City of Philadelphia Mark Gale, Chief Executive Officer Philadelphia International Airport
An optional, Pre-Proposal Conference will be held on DECEMBER 3RD @ 10 AM International Plaza, Building One Route 291 & Bartram Avenue Philadelphia, PA 19153
City of Philadelphia
Philadelphia International Airport
ON CALL AIRPORT PLANNING CONSULTING SERVICES
NOVEMBER 2014
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City of Philadelphia
Philadelphia International Airport
ON CALL AIRPORT PLANNING CONSULTING SERVICES
NOVEMBER 2014
TABLE OF CONTENTS I. A. B. C. D. E.
Project Overview ................................................................................................................................................5 Introduction; Statement of Purpose .....................................................................................................................5 Department Overview .........................................................................................................................................5 Request for Proposals .........................................................................................................................................5 General Disclaimer of the City of Philadelphia ....................................................................................................5 Guidelines (FAA) .................................................................................................................................................6
II. Description of Philadelphia Airport System II.
Scope of Work ...................................................................................................................................................7 A. Project Details .....................................................................................................................................................8 B. Services and Tangible Work Products ................................................................................................................9 C. Timetable .......................................................................................................................................................10 D. Hours and Location of Work ..............................................................................................................................10 E. Monitoring; Security ..........................................................................................................................................11 F. Reporting Requirements ...................................................................................................................................11 G. Specific Performance Standards .......................................................................................................................11 H. Compensation ...................................................................................................................................................12 I. Organizational and Personnel Requirements .......................................................................................................12
III. Proposal Format, Content, and Submission Requirements; Selection Process ............................................13 A. Proposal Format .................................................................................................................................................16 B. Notice to Applicants to State Requested Exceptions to Contract Terms in Proposal .........................................16 C. Disadvantaged Business Enterprise Participation ..............................................................................................16 D. The Philadelphia Tax and Regulatory Status and Clearance Statement ...........................................................17 E. Compliance with Philadelphia 21st Century Minimum Wage & Benefits Ordinance & Mayoral Executive Order 03-14… 18 F. Certification of Compliance with Equal Benefits Ordinance …….………………………………………………… 18 G. Mandatory Online Application Requirements …..…………………………………………………………………. 18 H. Selection Process .............................................................................................................................................19
IV. A. B. C. D.
Proposal Administration.................................................................................................................................21 Procurement Schedule .....................................................................................................................................21 Questions Relating to the RFP ..........................................................................................................................21 Pre-Proposal Conference, Site Visits, Inspection of Materials ..........................................................................21 Term of Contract ................................................................................................................................................22
A. B. C. D. E. F.
General Rules Governing RFPs/Proposal; Reservation of Rights; Confidentiality & Public Disclosure .23 Revisions to RFP ..............................................................................................................................................23 City Employee Conflict Provision .......................................................................................................................23 Proposal Binding ...............................................................................................................................................23 Contract Preparation Fee ..................................................................................................................................23 Reservation of Rights ........................................................................................................................................24 Confidentiality and Public Disclosure ................................................................................................................25
V.
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City of Philadelphia
Philadelphia International Airport
ON CALL AIRPORT PLANNING CONSULTING SERVICES
Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G Appendix H
NOVEMBER 2014
APPENDICES General Provisions Disadvantaged Business Enterprise (DBE) Program, Federal Regulations 49 C.F.R. Part 26 City of Philadelphia Tax and Regulatory Status and Clearance SF 330 Insurance Requirements Airport Allowable Expenses Invoice Guidelines Team Makeup (spreadsheet sample)
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City of Philadelphia
Philadelphia International Airport
ON CALL AIRPORT PLANNING CONSULTING SERVICES
I.
NOVEMBER 2014
Project Overview
A. Introduction/Statement of Purpose The City of Philadelphia (“City”), Department of Commerce, Division of Aviation (“Aviation”) seeks qualified Applicants (“Applicant(s)”) to provide Airport Planning Consulting Services for the Philadelphia International Airport (“PHL”) and Philadelphia Northeast Airport (“PNE”) (collectively referred to as “Airport”). The successful Applicant is expected to provide on-call professional and comprehensive engineering services related to: economic analysis; forecasting growth; creating schematic plans and runway and taxiway layouts; updating existing airport layout plans; evaluating space usage in the terminals; reanalyzing studies for terminal expansion; conducting traffic and parking studies; estimating costs; developing an implementation schedule for proposed improvements; reviewing tenant construction permit applications; and preparing Environmental Impact Studies consistent with the National Environmental Protection Act (“NEPA”). These contracts are generally established for one-year terms with up to three renewal options and funded on an annual basis within the Airport’s operating budget. B. Department Overview The City administers the day-to-day operations of the Airport through Aviation, under the direction of its Chief Executive Officer (“CEO”) and overseen by the Mayor’s Office of Transportation and Utilities The Planning and Environmental Services Manager, or his designee will be responsible for overseeing the activities of the successful Applicant(s). The name, address, and contact information for the City's Primary Contact for this RFP is as follows: Mr. Raymond Scheinfeld Planning and Environmental Services Manager Philadelphia International Airport, Terminal E Philadelphia, PA 19153 C. Request for Proposals The City intends to enter into Agreement(s) with one or more qualified Applicant(s) to provide professional and comprehensive airport planning consulting services at the Airport on an as needed basis. This opportunity is open only to prime Applicants with a minimum of ten years of substantial, direct and relevant airport planning experience. Applicants must demonstrate extensive experience in forecasting and demand analysis; airport facility planning and design; airfield operations; environmental impact analysis and development of Environmental Impact Statements, including noise and air quality modeling of airport operations in compliance with local state and federal guidelines; traffic engineering and transportation planning; civil engineering; economic analysis; and airport project management including project phasing and implementation. This experience must be quantified and described in the proposal. The proposed project staff shall have knowledge of the specialized practices and limitations associated with terminal and airfield construction, be thoroughly familiar with Transportation Security Administration (TSA) and Federal Aviation Administration (FAA) standards and regulations and have a working knowledge of FAA advisory circulars and all other pertinent and relevant codes and standards. Please note, a Applicant who acts as a Prime on this contract is prohibited from acting as a subconsultant on another contract for this opportunity. The selection process will be carried out in compliance with the most current revised edition of U.S. Department, Federal Aviation Administration (FAA) Advisory Circular AC No. 150/5100-14D, “Architectural, Engineering and Planning Consultant Services for Airport Grant Projects.” Selection will be based on qualifications not costs. After ranking, a detailed scope of work will be developed with the highest ranked consultant. Consulting fees will then be negotiated. An independent fee estimate for any and all services to be performed will be conducted prior to FAA grant award.
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City of Philadelphia
Philadelphia International Airport
ON CALL AIRPORT PLANNING CONSULTING SERVICES
NOVEMBER 2014
D. General Disclaimer of City This RFP does not commit the City of Philadelphia to award a contract. This RFP and the process it describes are proprietary to the City and are for the sole and exclusive benefit of the City. No other party, including any Applicant, is intended to be granted any rights hereunder. Any response, including written documents and verbal communication, by any Applicant to this RFP, shall become the property of the City and may be subject to public disclosure by the City, or any authorized agent of the City.
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City of Philadelphia
Philadelphia International Airport
ON CALL AIRPORT PLANNING CONSULTING SERVICES
NOVEMBER 2014
II. Description of Philadelphia Airport System Philadelphia International Airport (PHL) is the only major airport serving the 6th largest metropolitan area in the United States. PHL is classified by the Federal Aviation Administration as a large air traffic hub1. According to data reported by Airports Council International – North America, PHL was ranked the eighteenth busiest airport in the United States, serving 30.3 million passengers in calendar year 2012, and was ranked the tenth busiest in the nation based on aircraft operations (take-offs and landings). Origin-destination traffic for Fiscal Year 2013 accounted for approximately 55% of annual passengers, with the remaining 45% being passengers who connected between flights. General information may be viewed at the Airport website www.phl.org. During the second quarter of calendar year 2014, an average of 29 tenant airlines are serving the airport and providing an average of 563 daily departures to 130 destinations, including an average of 60 daily departures to 40 international destinations. The Airport serves residents and visitors from a broad geographic area that includes eleven counties within four states: Pennsylvania, New Jersey, Delaware and Maryland. PHL is easily accessible by car and public transportation. The Airport is directly linked to ramps from Interstates 95 and 76 and the SEPTA Airport Rail Line provides direct service to and from Center City Philadelphia, from stations located at all Terminals. The Airport System consists of the following: 1. Philadelphia International Airport Land. Approximately 2,394 acres located partly in the southwestern section of the City and partly in the northeastern section of Delaware County, about 7.2 miles from center city Philadelphia. Runways. The Airport’s runway system consists of parallel Runways 9L-27R and 9R-27L, crosswind Runway 17-35, commuter Runway 8-26, and interconnecting taxiways. Terminal Buildings. Approximately 3.3 million square feet, consisting of seven terminal units (A-West, AEast, B, C, D, E and F). Terminal facilities principally include: ticketing areas, passenger holdrooms, baggage claim areas and approximately 176 food, retail and service establishments. Other Buildings and Areas. Consisting of six active cargo facilities, a US Airways aircraft maintenance hangar, and a former United States Postal Service building located at the western end of the Airport. Outside Terminal Area. Consisting of a 14-story, 400-room hotel, seven rental car facilities, a 150vehicle cell-phone lot and two employee parking lots with a total of 3,950 spaces. This area also includes five parking garages and surface lots consisting of a total of 18,940 vehicle spaces, operated by the Philadelphia Parking Authority. 2. Northeast Philadelphia Airport PNE is located on approximately 1,126 acres situated within the City limits, ten miles northeast of center city Philadelphia. PNE serves as a reliever airport for PHL and provides for general aviation, air taxi, corporate, and occasional military use. The airport currently has no scheduled commercial service. There are presently 85 Thangars, nine corporate hangars and six open hangars for general aviation activities. There are approximately 190 general aviation aircraft based at PNE. 1
A large hub is defined by the FAA as a community that enplanes 1.0% or more of the total passengers enplaned on certificated airlines in the United States. Page 8 of 25
City of Philadelphia
Philadelphia International Airport
ON CALL AIRPORT PLANNING CONSULTING SERVICES
NOVEMBER 2014
PHL Capital Projects A 10-year planning process and a thorough 7-year environmental review process culminated in January 2011 with the Federal Aviation Administration (FAA) issuing a Record of Decision approving the Airport's Capacity Enhancement Program (CEP). Receipt of this final document enables the Airport to proceed with the next steps required to expand and make critically needed improvements that ensure the Airport is strategically positioned to meet future air service demands, enhance its competitive stature in the global aviation market place and maintain the region's economic vitality. In January 2013, PHL and its airline partners agreed upon a two-year extension to the Airport-Airline Use & Lease Agreement that will run through June 30, 2015. The extension allowed for $734 million in new capital investments, bringing the total capital improvement program to approximately $1.1 billion. The new projects include: an extension of runway 9R/27L to provide the capability to accommodate large, long-haul aircraft flying to any point on the globe; airside improvements to include new taxiways, aircraft holding bays, and apron areas to allow aircraft to queue more efficiently for departure; a redesigned and enhanced Terminal B/C ticketing area, which will include a new, automated baggage handling and screening system and a new, more spacious, centralized passenger security screening checkpoint to provide for greater efficiency and enhanced passenger flow; replacement of the current rental car facility surface lots with a new, multi-story consolidated rental car facility; initial design for an automated people-mover system between concourses that will make it easier for passengers to connect to other flights; and continued rehabilitation of other existing airport infrastructure to include: security upgrades, roof and window replacements, escalator upgrades, airport restrooms, roadways, concession programs and flight information display systems. In November 2013, the Governor of Pennsylvania signed a comprehensive transportation bill into law (Act 89 of 2013). This legislation permits the Airport to establish and collect a “Customer Facility Charge” (CFC). The CFC will provide funding for a new consolidated rental car facility, which will serve the Airport’s rental car customers. Also in November 2013, the newly redesigned Terminal F Hub opened featuring 20 new food, beverage and retail shops, a 300-seat food court area, fascinating new permanent artwork and an enhanced bus shelter.
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City of Philadelphia
Philadelphia International Airport
ON CALL AIRPORT PLANNING CONSULTING SERVICES
NOVEMBER 2014
III. Scope of Work A. Project Details The City intends to enter into one or more professional services contracts with qualified Applicant(s) to provide comprehensive Airport Planning consulting services in connection with development and improvement of the Airport. The services are to be provided on an on-call or as-needed basis. This Section III, Scope of Work states requirements for the project, including the services and the tangible work products to be delivered and the tasks Aviation has identified as necessary to meet those requirements. Aviation reserves the right, however, to modify specific requirements, based on changed circumstances (such as as change in business or technical environments), the proposed selection process, and contract negotiations with the Applicant(s) selected for negotiations, and to do so with or without issuing a revised RFP. B. Services and Tangible Work Products The services will be a variety of tasks and will require a wide range of capabilities. Specific assignments have not yet been determined, but will be made by Aviation when and if consulting services are required and the scope of work for each assignment will be negotiated with the successful Applicant(s) as the need arises. Specific projects are subject to the availability of funding and are, therefore, unknown at this time. The successful Applicant(s) will be expected to respond to the Airport in writing within seven calendar days, with submittal of estimate of the costs, time, work plan and other details necessary for the proper performance of the proposed services. Should the Airport determine the assignment to be either critical or urgent to the best interests of the Airport, the successful Applicant(s) shall work diligently to complete the work in a timely manner. It is possible that the successful Applicant(s)’ personnel may be required to work alternative shifts and/or weekends depending upon the requirements of the Airport. 1) Types of Assignments The assignments may involve any of the landside or airside facilities at each airport as well as private properties and nearby roads. The services will include, but not be limited to, providing strategic advice and assistance as required; assistance in developing appropriate internal procedures; representing the Airport operating staff; and providing guidance and oversight to other outside consultants. Should an Applicant be unwilling or incapable of performing any specific tasks due to internal corporate policies, the Applicant MUST disclose those specific tasks in your response. It is expected that the assignments will involve some or all of the following areas of concern: Aviation activity forecasts Runway and taxiway layouts Obstruction analysis of Airport clearance zones (FAR-77) Modifications to airplane parking locations Evaluations of existing conditions and the need for assistance concerning environmental issues and regulations such as noise abatement, wetlands and right-to know Space usage within terminal buildings Re-analysis of studies for terminal expansion Analysis of airport activities such as security, passenger processing, baggage handling, an relationship with tenants and concessionaires Analysis of airport access systems Interior traffic studies Parking studies Development of schematic plans for modifications to existing facilities and proposed new facilities Cost estimating and various economic analysis Preparation of project schedules Page 10 of 25
City of Philadelphia
Philadelphia International Airport
ON CALL AIRPORT PLANNING CONSULTING SERVICES
NOVEMBER 2014
Participation in public presentations Review of tenant construction permit applications Prepare “pen and ink” changes to existing Airport Layout Plans (ALPs) GIS services- provide documents in accordance with the latest version of FAA A/C’s 150-5300-16,17 and 18 Prepare Environmental Impact Studies consistent with the National Environmental Protection Act (NEPA) Prepare and update monthly a master schedule for each active assignment, which shows projected milestones, duration and completion dates for the activities required.
C. Timetable. The Applicants(s) will be expected to reply to Aviation in writing within seven calendar days, with proposal of estimate of the costs, time, work plan and other details necessary for the proper performance of the proposed services. More detail is given in “Section III. Scope of Work.” D. Hours and Location of Work The tasks may involve any of the landside or airside facilities at PHL. It is possible that the successful Applicant(s) personnel may be required to work alternative shifts, including nights, weekends, and/or overtime depending upon the nature of the work, or an directed by Aviation. E. Monitoring; Security. The Deputy Director of Aviation, Planning and Environmental Services Manager or his designee will monitor performance under the contract. By submission of a propossal in response to this RFP, the Applicant agrees that it will comply with all contract monitoring and evaluation activites undertaken by the City of Philadelphia, and with all security policies and requirements F. Reporting Requirements. The successful Applicant shall report to the City of Philadelphia on a regular basis regarding the status of the project and its progress in providing the contracted services and/or products. At a minimum, the successful Applicant shall submit a monthly invoice detailing the services and/or products provided, the goals/tasks accomplished, and the associated costs. If hourly rates are charged, the invoice must also detail the number of hours, the hourly rate, and the individual who performed the service. G. Specific Performance Standards. The successful Applicant’s performance will be assessed based on the ability to meet the project schedule; the quality of work performed; effective implementation of planned strategies; communication with the project team; communication of the project status; and the ability to develop and maintain productive working relationships with Aviation. H. Compensation. It is expected that the successful Applicant(s) will be awarded a cost-plus, fixed-fee contract(s). The maximum amount of the contract will be negotiated based on the estimated hours, rates, overhead, and direct expenses. The following items will be considered costs for the prime consultant and all subconsultants: 1. Wages paid to employees for documented hours worked on the contract. 2. Overhead. Overhead is to be expressed as a percentage of the direct hourly wage rates. It is to be based on a recent (latest calendar year) statement prepared in accordance with Defense Contractors Audit Agency (DCAA) guidelines by a Certified Public Accountant (CPA) or a government agency. The maximum allowed rates are 150% for employees stationed at the consultant’s home office, and 120% for employees stationed at a field office. 3. Direct Non-salary Expenses. 4. The fixed fee for the selected Applicant shall be based on a percentage of the estimated wages and overhead (maximum 10%), and will not vary. No fee or other mark-up will be allowed on Direct Expenses or subconsultant costs. 5. See Appendix F/G for direct reimbursable limitations. 6. All costs will be within a not-to-exceed contract amount. Page 11 of 25
City of Philadelphia
Philadelphia International Airport
ON CALL AIRPORT PLANNING CONSULTING SERVICES
NOVEMBER 2014
I. Organizational and Personnel Requirements The successful Applicant(s) shall employ on its staff permanent, experienced professionals to manage the work of this contract. Subconsultants may be used for a portion of the work; however, the successful Applicant(s) must demonstrate the technical leadership and overall responsibility for each assignment. It is possible that the successful Applicant(s)’ personnel may be required to work alternative shifts and/or weekends depending upon the requirements of Aviation. The proposal must identify all personnel who will perfom work on the project, by education level, skill set (described in detail), experience level, and job title. Resumes of all personnel so identified should be included in Applicant’s proposal. Personnel shall be of high professional, personal and ethical integrity. They must avoid conflicts of interest and prevent the compromise of security standards. The reputation and caliber of the personnel and their unbiased interaction with tenants and the traveling public on behalf of the Airport is of the utmost importance. Personnel will be required to display in full view a specific identification badge to be issued by the Airport. Background checks of personnel will be required to the extent necessary to assure that unescorted access to controlled areas of PHL do not compromise security. Security will be maintained in accordance with TSA Regulations under the provisions of 49 CFR Part 1542. Personnel may be required to work nights, weekends, or overtime on certain projects as the nature of the project work dictates, or as directed. Accordingly, the successful Applicant(s) must be familiar with typical airport operations and with applicable FAA codes and standards and City codes with respect to Airport projects. a) Project Manager: The successful Applicant(s) shall appoint a project manager who will be the point of contact for all Airport assignments and must provide a 24-hour emergency contact phone number. b) Other Consultants: When it is determined that an assignment requires the participation of other consultants, the Airport, at its sole discretion, may assign another consultant who is under contract to the City. The successful Applicant(s) will be expected to fully cooperate in any joint efforts that may be required. For any related specialized services for which the successful Applicant(s) are not qualified and for which the Airport does not have a qualified consultant under contract, the successful Applicant(s) may be asked to hire the appropriate consultants as a subconsultant. c) Subconsultants: The successful Applicant(s) under this contract are expected to assemble a project team that will have the necessary expertise to accomplish all of the types of work listed above; using staff from his/her own organization and qualified subconsultants or possibly a joint venture collaboration, as necessary to meet all the requirements.
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City of Philadelphia
Philadelphia International Airport
ON CALL AIRPORT PLANNING CONSULTING SERVICES
NOVEMBER 2014
IV. Proposal Format, Content, and Submission Requirements; Selection Process A. Proposal Format The Proposal must include responses to all of the information requested in this RFP. Proposals submitted in response to this RFP must include a cover letter signed by the person authorized to issue the proposal on behalf of the Applicant. In addition to the required electronic application, the Applicant shall send or deliver directly to the Airport’s Primary Contact, the same proposal uploaded electronically to eContract Philly in printed “hard copy” format by the deadline specified in Section I.B. Submission by facsimile, by electronic mail or by any form of unauthorized communication will not be accepted. The “hard copy” proposal is to be submitted on 8½" x 11" paper with comb-style, coil or spiral binding. Limit your proposal, including all attachments, to one volume, less than one inch thick. Submit one (1) signed original, and seven (7) copies to the Airport’s Primary Contact listed in Section I.B. above. The proposal shall include the following tabbed and indexed sections: Cover, Cover Letter and Table of Contents 1. Introduction/Executive Summary Provide an overview of the services being sought and the proposed scope of services. 2. Applicant Profile Provide a narrative description of the Applicant itself, including the following: Applicant’s business identification information, including name, business address, telephone number, website address and federal taxpayer identification number or federal employer identification number. Clearly indicate home office address and local office address if they differ; Standard Form 330 Part II for the prime Applicant and each subconsultant including ownership structure and any recent major reorganization within the firm or merger with other firms. A primary contact for the Applicant, including name, job title, address, telephone and fax numbers and e-mail address; A description of Applicant’s business background, including, if not an individual, Applicant’s business organization (corporation, partnership, LLC, etc.), number of years in business, primary mission of business, significant business experience, whether registered as a minority-, woman- or disabledowned business or as a disadvantaged business and with which certifying agency, and any other information about Applicant’s business organization that Applicant deems pertinent to this RFP. If a corporation, the state of incorporation and the name(s) and professional address(es) of those authorized to negotiate for the Applicant. The Applicant shall provide evidence that it is authorized to perform services in Philadelphia and/or the Commonwealth of Pennsylvania or provide assurance that it will obtain such authority upon award. 3. Project Understanding/Work Plan Provide brief narrative statement that confirms Applicant’s understanding of, and agreement to provide, the services and/or tangible work products necessary to achieve the objectives of the project that is the subject of this RFP. Applicant shall describe how the Applicant’s business experience will benefit the project. Include the following: a) Organization Chart for the project team, indicating the names and titles of the prime Applicant and each proposed subconsultant. (See Appendix H for sample format) b) Detailed listing and description of all tasks expected to be performed by the project team and the division of responsibility for performing said tasks between the prime Applicant and subconsultants. Page 13 of 25
City of Philadelphia
Philadelphia International Airport
ON CALL AIRPORT PLANNING CONSULTING SERVICES
NOVEMBER 2014
c) An outline of the steps necessary to achieve a final design concept including participants, method of decision-making and a timetable to complete the activity. d) A detailed description of your approach to project controls, specifically how design cost and design production schedules will be maintained. Describe measures to be taken to ensure that projects will be kept to time and budget constraints. e) Identification of the tools that are intended to be used to manage the project elements. f) Description of how the project team will approach design quality control, including coordination of the design, checking and correcting design documents, design schedule control, validation of construction schedule projections and design features enabling control of construction costs. g) Discussion of the firm’s quality control process or procedures. 4. Statement of Qualifications; Relevant Experience/References Provide a statement of qualifications and capability to perform the services sought by this RFP. Include a list of up to five projects similar in nature (size and scope) to the types of tasks listed in Section II A., Scope of Work. For each listed project include the following: A summary explaining the project; Location; Dates; Total project costs with Applicant’s fee; Repondents role and applicable staff common to this project. Provide at least one reference for each project with current contact information including: o Name and title of reference (avoid using Aviation employees as references for this section) o Name of Company/Agency; o Company office address; o Daytime phone number; and o E-mail address. 5. Subcontractors/Disadvantaged Business Enterprises (DBE) Proposed Subcontractors State the intention to use subcontractors to perform any portion of the work sought by this RFP. For each such subcontractor, provide the name and address of the subcontractor, a description of the work Applicant intends the named subcontractor to provide, and whether the subcontractor can assist in fulfilling goals for inclusion of disadvantaged businesses as stated in Appendix B. Disadvantaged Business Enterprises (DBE) Pursuant to 49 CFR Part 26, as amended, this contract opportunity has been reviewed by the DBE Program Office and it has been determined that the opportunity goals that exist for DBE are as follows: DBE Goal 25%. 1) The Applicant shall provide a summary statement setting forth the type of work and percentage of the work each DBE prime or subconsultant will perform. 2) The Applicant shall provide a copy of its DBE certification from the Pennsylvania Unified Certification Program for certified DBE firms, or printout from the online database (www.paucp.com). No other certifications are acceptable for this solicitation. The Applicant shall comply with the ‘DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS” set forth in Attachment B. If the Applicant does not achieve the participation goal of the RFP, then the Applicant shall submit with their proposal a narrative of their Good Faith Efforts on the prime Applicant’s letterhead. Failure to submit such may result in the proposal being deemed unresponsive. (See Section III C. and Page 14 of 25
City of Philadelphia
Philadelphia International Airport
ON CALL AIRPORT PLANNING CONSULTING SERVICES
NOVEMBER 2014
Appendix B.) Please be advised that for this specific RFP, the General Provisions document clause 14.3 does not apply. 6. Staffing Plan Provide the following: a) A listing of the staff members for the prime Applicant and each subconsultant who are expected to be assigned to work under this contract, with a description of each person's duties, and to which office they are assigned. The list should clearly indicate the person who will be Aviation contact person and measures taken to maintain client service continuity and satisfaction. The list will also include specific owners and officers and/or partners authorized to bind the company to the provisions of the proposal. b) Include resumes of applicable staff listed for the prime Applicant and subconsultants and other commitments of key staff. c) Attach professional registrations and/or certifications of applicable proposed staff. Resumes and registrations shall in included in an appendix to the main proposal. 7. Administrative Documents A. Requested Exceptions to Contract Terms State exceptions, if any, to City contract Terms that Applicant requests, including the reasons for the request and any proposed alternative language. (See Section III.B for more information) B. Tax and Regulatory Status and Clearance Statement Include a statement, in the form requested in Appendix C, attesting to Applicant’s tax and regulatory compliance with the city. (See Section III.D for more information). C. Insurance List all the insurance that is planned to be carried and show that the requirements of Appendix E have been met. D. Disclosure of Litigation; Disclosure of Administrative Proceedings State, for the 5-year period preceding the date of this RFP, a description of any judicial or administrative proceeding that is material to Applicant’s business and financial capability or to the subject matter of this RFP or that could interfere with Applicant’s performance of the work requested by this RFP, including, but not limited to, any civil, criminal or bankruptcy litigation; any debarment or suspension proceeding; any criminal conviction or indictment; and any order or agreement with or issued by a court or local, state or federal agency. For each such proceeding, state the name of the case or proceeding, the parties involved, the nature of the claims involved, its current status and final disposition, if any. Provide the same information for any officer, director, principal or partner of Applicant’s organization, and for any subcontract Applicant plans to use to perform the services described in this RFP. E. Statement of Financial Capacity Provide documentation demonstrating fiscal solvency and financial capability to perform the work sought by the RFP. Consider providing one or more of the following: General statement of the Applicant’s financial condition; Applicant’s most recent audited or unaudited financial statements; Disclosure of any bankruptcy filings over the past five years. F. Disclosures Required under Chapter 17-1400 of the Philadelphia Code. Disclose all information required under Chapter 17-1400 of the Philadelphia Code, including any local and state political campaign contributions, on the forms provided through eContract Philly. See Section III.F below for more information. Page 15 of 25
City of Philadelphia
Philadelphia International Airport
ON CALL AIRPORT PLANNING CONSULTING SERVICES
NOVEMBER 2014
G. Defaults Provide a description, in detail, of any situation occurring within the past five (5) years in which the Applicant, or a joint venture or partnership of which Applicant was a part, defaulted or was deemed to be in noncompliance of any contractual obligations, explaining the issues involved in the default or non compliance or the individuals who managed the contract for that party. Also provide the name, title, and telephone number of the party to the contract who asserted the event of default or noncompliance or the individual who managed the contract for that party. B. Notice to Applicants to State Requested Exceptions to Contract Terms in Proposal The City’s standard contract terms and conditions for services of the type sought by this contracting opportunity (Contract Terms) are set forth in the General Provisions appearing on eContract Philly with this RFP and attached to this RFP Appendix A. By submitting a proposal in response to this contract opportunity, the Applicant agrees that, except as provided herein, it will enter into a contract with the City containing substantially the Contract Terms. Applicants must state clearly and conspicuously any modifications, waivers, objections or exceptions they seek (“Requested Exceptions”) to the contract terms in a separate section of the proposal entitled “Requested Exceptions to Contract Terms.” For each Requested Exception, the Applicant must identify the pertinent Contract Term by caption and section number, state the reasons for the request, and propose alternative language or terms. Requested Exceptions to the City’s Contract Terms will be approved only when the City determines in its sole discretion that a Requested Exception makes business sense, does not pose unacceptable risk to the City, and is in the best interest of the City. By submitting its proposal, the Applicant agrees to accept all Contract Terms to which it does not expressly seek a Requested Exception in its proposal. The City reserves the right, in its sole discretion, to evaluate and reject proposals based in part on whether the Applicant’s proposal contains Requested Exceptions to Contract Terms, and the number and type of such requests and alternative terms proposed. If, after the City issues its Notice of Intent to Contract to a Applicant, the Applicant seeks Requested Exceptions to Contract Terms that were not stated in its proposal, the City may, in its sole discretion, deny the Requested Exceptions without consideration or reject the proposal. Failure to enter into a contract on the basis of such new Requested Exceptions shall be grounds for the City to call on any proposal security furnished by the Applicant. The City reserves the right, in its sole discretion, (i) to waive any failure to comply with the terms of this Notice to Applicants if it determines it is in the best interest of the City to do so; and (ii) to require or negotiate terms and conditions different from and/or additional to the Contract Terms in any final contract resulting from this contract opportunity, without notice to other Applicants and without affording other Applicants any opportunity to revise their proposals based on such different or additional terms. C. Disadvantaged Business Enterprises (DBE) This contract is subject to the provisions of Executive Order 11246 (Affirmative Action to Ensure Equal Employment Opportunity) and to the provisions of Department of Transportation Regulation 49 CFR Part 26 (Disadvantaged Business Enterprise Participation). DBE firms are encouraged to submit. D. The Philadelphia Tax and Regulatory Status and Clearance Statement It is the policy of the City of Philadelphia to ensure that each contractor and subcontractor has all required licenses and permits and is current with respect to the payment of City taxes or other indebtedness owed to the City (including, but not limited to, taxes collected by the City on behalf of the School District of Philadelphia), and is not in violation of other regulatory provisions contained in The Philadelphia Code. To assist the City, through Page 16 of 25
City of Philadelphia
Philadelphia International Airport
ON CALL AIRPORT PLANNING CONSULTING SERVICES
NOVEMBER 2014
its Department of Revenue and Department of Licenses and Inspections, in determining this status, each Applicant is required to complete and return with its proposal, a City of Philadelphia Tax Status and Clearance Statement Form (included with this RFP as Appendix C). If the Applicant is not in compliance with the City’s tax and regulatory codes, an opportunity will be provided to enter into satisfactory arrangements with the City. If satisfactory arrangements cannot be made within a week of being notified of their non-compliance, Applicant will not be eligible for award of the contract contemplated by this RFP. The selected Applicant will also be required to assist the City in obtaining the above information from its proposed subcontractors (if any). If a proposed subcontractor is not in compliance with City Codes and fails to enter into satisfactory arrangements with the City, the non-compliant subcontractor will be ineligible to participate in the contract contemplated by this RFP and the selected Applicant may find it necessary to replace the non-compliant subcontractor with a compliant subcontractor. Applicants are advised to take these City policies into consideration when entering into their contractual relationships with proposed subcontractors. If an Applicant or a proposed subcontractor is not currently in compliance with the City’s tax and regulatory codes, please contact the Revenue Department to make arrangement to come into compliance at 215-686-6600 or
[email protected]. Applicants need not have a City of Philadelphia Business Income and Receipts Tax Account Number (formerly Business Privilege Tax Account Number) and Commercial Activity License Number (formerly Business Privilege License Number) to respond to this RFP, but will, in most circumstances, be required to obtain one or both if selected for award of the contract contemplated by the RFP.2 Applications for a Business Income and Receipts Tax Account Number or a Commercial Activity License3 may be made on line by visiting the City of Philadelphia Business Services Portal at http://business.phila.gov/Pages/Home.aspx and clicking on “Register Now.” If you have specific questions, call the Department of Revenue at 215-686-6600 for questions related to City of Philadelphia Business Income and Receipts Tax Account Number or the Department of Licenses and Inspections at 215-686-2490 for questions related to the Commercial Activity License. F. Compliance with Philadelphia 21st Century Minimum Wage and Benefits Ordinance Applicants are advised that any contract awarded pursuant to this RFP is a “Service Contract,” and the successful Applicant under such contract is a “Service Contractor,” as those terms are defined in Chapter 171300 of the Philadelphia Code (“Philadelphia 21st Century Minimum Wage and Benefits Standard Ordinance”) Any Subcontractor (as defined in the General Provisions attached as an Appendix to this RFP), and any subsubcontractor at any tier proposed to perform services sought by this RFP, is also a “Service Contractor” for purposes of Chapter 17-1300. If any such Service Contractor (i.e. Applicant and subcontractors at any tier) is also an “Employer,” as that term is defined in Section 17-1302 (more than five employees), and is among the Employers listed in Section 17-1303 of the Code, then during the term of any resulting contract, it is subject to the minimum wage and benefits provisions set forth in Chapter 17-1300 unless it is granted a waiver or partial waiver under Section 17-1304. Absent a waiver, these minimum wage and benefits provisions, which include a minimum hourly wage that is adjusted annually based on the CPI, health care and sick leave benefits, are mandatory and must be provided to Applicant’s employees or the employees of any subcontractor at any tier who perform services related to the City contract resulting from this RFP. Applicants and any subcontractors at
2
Applicants that have a Business Privilege Tax Number should use that number, as it is automatically their Commercial Actinity License Number, and need not apply for a new Commerical Activity License Number. Similarly, applicants with a Business Privilege Tax Account Number should use that number as their Business Income and Receipts Tax Account Number . 3 Commercial Activity Licenses are not typically required for non-profit organizations; however, Business Income and Receipts Tax Account Numbers typically are required.
Page 17 of 25
City of Philadelphia
Philadelphia International Airport
ON CALL AIRPORT PLANNING CONSULTING SERVICES
NOVEMBER 2014
any tier proposed by Applicants are strongly encouraged to consult Chapter 17-1300 of the Philadelphia Code,4 the General Provisions, and the About/Minimum Wage and Equal Benefits Ordinances Impacting Some City Contractors links on the eContract Philly home page for further details concerning the applicability of this Chapter to, and obligations it imposes on certain City contractors and subcontractors at any tier. In addition to the enforcement provisions contained in Chapter 17-1300, the successful Applicant’s failure or the failure of any subcontractor at any tier to comply (absent an approved waiver) with the provisions of Chapter 17-1300, or any discrimination or retaliation by the successful Applicant orApplicant’s subcontractors at any tier against any of their employees on account of having claimed a violation of Chapter 17-1300, shall be a material breach of any Service Contract resulting from this RFP. By submitting a proposal in response to this RFP, Applicants acknowledge that they understand, and will comply with the requirements of Chapter 17-1300, and will require the compliance of their subcontractors at any tier if awarded a contract pursuant to this RFP. Applicants further acknowledge that they will notify any subcontractors at any tier proposed to perform services related to this RFP of the requirements of Chapter 17-1300. F. Certification of Compliance with Equal Benefits Ordinance If this RFP is a solicitation for a “Service Contract” as that term is defined in Philadelphia Code Section 171901(4) (“A contract for the furnishing of services to or for the City, except where services are incidental to the delivery of goods. The term does not include any contract with a governmental agency.”), and will result in a Service Contract in an amount in excess of $250,000, pursuant to Chapter 17-1900 of The Philadelphia Code, the successful Applicant shall, for any of its employees who reside in the City, or any of its employees who are non-residents subject to City wage tax under Philadelphia Code Section 19-1502(1)(b), be required to extend the same employment benefits the successful Applicant extends to spouses of its employees to life partners of such employees, absent a waiver by the City under Section 17-1904. By submission of their Proposals in response to this RFP, all Applicants so acknowledge and certify that, if awarded a Service Contract pursuant to this RFP, they will comply with the provisions of Chapter 17-1900 of The Philadelphia Code and will notify their employees of the employment benefits available to life partners pursuant to Chapter 17-1900. Following the award of a Service Contract subject to Chapter 17-1400 and prior to execution of the Service Contract by the City, the successful Applicant shall certify that its employees have received the required notification of the employment benefits available to life partners and that such employment benefits will actually be available, or that the successful Applicant does not provide employment benefits to the spouses of married employees. The successful Applicant’s failure to comply with the provisions of Chapter 17-1900 or any discrimination or retaliation by the successful Applicant against any employee on account of having claimed a violation of Chapter 17-1900 shall be a material breach of the any Service Contract resulting from this RFP. G. Mandatory Online Application Requirements You must apply online in order to be eligible for award of the non-competitively bid contract opportunity described in this RFP; proposals and any other related documents prepared in response to this RFP will not be considered unless they are filed to the correct contract opportunity established for this RFP (identified by opportunity number), within the prescribed time period, through eContract Philly, which can be accessed on the City’s website at www.phila.gov/contracts by clicking on eContract Philly.[5] The posting of this RFP on eContract Philly is also referred to as a Notice of Contracting Opportunity. The City requires that any Applicant who establishes an account on eContract Philly and utilizes that account for the purpose of responding to a particular contract opportunity is the same individual or business entity that, if 4
A link to the Philadelphia Code is available on the City’s official web site, www.phila.gov. Click on “City Code and Charter,” located to the bottom right of the Welcome page under the box “Transparency.” 5 The econtract Philly website is compatible with Internet Explorer, Google Chrome and Apple Safari; but the site is not presently compatible with Mozilla Firefox.
Page 18 of 25
City of Philadelphia
Philadelphia International Airport
ON CALL AIRPORT PLANNING CONSULTING SERVICES
NOVEMBER 2014
awarded the contract, will enter into and perform the resulting contract with the City. Except in the case of joint ventures, applications posted on eContract Philly from Applicants that purport to be filing an application on behalf of another individual or business entity will not be considered, even if the other business entity is an affiliate of the Applicant. In the case of multiple business entities that if awarded a contract have formed, or intend to form a joint venture to perform the contract, a single business entity may file an application on behalf of all such business entities so long as (i) the filing business entity is or will be a member of the joint venture, (ii) the application is made in the name of the existing or proposed joint venture, (iii) documentation is submitted with the application identifying all business entities that comprise, or will comprise, the joint venture, and demonstrating a binding agreement among those business entities to perform the contract as the joint venture identified in the application (for a joint venture that has not yet been formed, documentation signed by each identified business entity evidencing a commitment to form the joint venture if awarded the contract is sufficient), and (iv) the non-filing business entities are eligible for award of a City contract and make the disclosures required by Chapter 17-1400 of the Philadelphia Code (described in greater detail below) within fourteen (14) days after the joint venture receives notice that it has been awarded the contract. Pursuant to Chapter 17-1400 of the Philadelphia Code, Applicants are required to disclose their campaign contributions to political candidates and incumbents who are running for, or currently serving in, a local (Philadelphia) or state-wide elected office anywhere within the Commonwealth of Pennsylvania (federal campaign contributions are not included); any consultants used in responding to the RFP and contributions those consultants have made; prospective subcontractors; and whether Applicant or any representative of Applicant has received any requests for money or other items of value or advice on particular firms to satisfy minority-, womanor disabled-owned business participation goals from City employees. This information, as well as a proposal or any other proposal document required, is part of the online application. For more information, please consult the reference materials found on the website, e-mail
[email protected] or call 215-686-4914. Applicants are advised that under Chapter 17-1400 individuals and businesses that make campaign contributions in excess of the amounts set forth in Section 17-1404(1), as periodically adjusted, are ineligible to enter into a City contract or subcontract at any tier. Applicants should take this into consideration in electing to apply for this opportunity or in selecting subcontractors if awarded a contract to perform the work sought by this RFP. At their option, Applicants may require that their subcontractors disclose to the Applicants, the subcontractors’ campaign contributions to political candidates and incumbents who are running for, or currently serving in, a local (Philadelphia) or state-wide elected office anywhere within the Commonwealth of Pennsylvania (federal campaign contributions are not included). Disclosure forms may be found on the Disclosure/Eligibility – Subcontractor Disclosure tab on eContract Philly. Applicants are not required to submit these forms to the City. Applicants who have failed to file complete applications to the correct opportunity – including the online disclosure forms – through the eContract Philly online application process prior to the closing date and time will not be considered for the contract. You are encouraged to start and complete your online application on eContract Philly as early as possible. Please be aware that internet connection speed depends on a variety of factors including: configuration of your computer, configuration of your business or home network, the condition of the wiring at your location, network or internet congestion (available bandwidth). Please prepare and plan accordingly to ensure a timely submission. Your proposal and other application documents will not be considered submitted until you sign the application and click on the “submit” button at the conclusion of the eContract Philly process. It is your responsibility to make sure that you have signed and submitted your complete application to the correct contract opportunity established for this RFP. Page 19 of 25
City of Philadelphia
Philadelphia International Airport
ON CALL AIRPORT PLANNING CONSULTING SERVICES
NOVEMBER 2014
You can begin uploading (or attaching) your proposal and other application materials at any time. It is especially prudent for you to start uploading your attachments earlier if you have a large number of attachments (e.g. over five documents) or larger-sized attachments (e.g. above 5 MB). Please be advised that the eContract Philly website will not accept documents larger than 8 MB. If you have documents larger than 8 MB, you must separate them into smaller documents in order to successfully upload them to the system. Until you sign and submit your application, your materials are not accessible to any staff with the City of Philadelphia. Once you have signed and submitted your application, your application is accessible only to appropriate contract staff within the City of Philadelphia. You are advised that any individual who signs and submits an application on eContract Philly must be an authorized signatory of the Applicant, authorized to both bind the Applicant to its proposal and to make the disclosures required to complete the eContract Philly process. Therefore, in conjunction with their electronic signatures provided at the conclusion of the submission of their applications online, signatories will be required to certify that they are the Applicant or are employees or officers of the Applicant duly authorized to execute the application and make disclosures on the Applicant’s behalf; and they represent and covenant that, to the best of their knowledge after appropriate inquiry, all of the information and disclosures provided are true and contain no material misstatement or omissions. H. Selection Process Among the submitted proposals that satisfy all mandatory criteria, the City of Philadelphia will base its selection on criteria that will include, but not be limited to the following: The City will base its selection on criteria that include, but are not limited to: 1. Superior ability or capacity to meet particular requirements of contract and needs of City Department and those it serves, 2. Eligibility under Code provisions relating to campaign contributions 3. Superior prior experience of Applicant and staff 4. Superior quality, efficiency and fitness of proposed solution for City Department 5. Superior skill and reputation, including timeliness and demonstrable results 6. Special benefit to continuing services of incumbent, such as operational difficulties with transition or needs of population being served 7. Benefit of promoting long-term competitive development and allocation of experience to new or small businesses, including those owned by minority or disabled persons or by women 8. Lower Cost a. Not applicable for this opportunity - (fee proposals will only be required and accepted at the time of contract negotiations and per 49 CFR section 18.36 any fee awarded must be fair and reasonable). 9. Administrative and operational efficiency, requiring less City oversight and administration 10. Anticipated long-term cost effectiveness 11. Meets prequalification requirements 12. Applicant’s certification of its Local Business Entity/Local Impact status pursuant to Executive Order 04-12 a. Not applicable for this opportunity - the successful applicant(s) are not required to meet the Local Business Entity or Local Impact tests.
If a contract is awarded pursuant to this RFP, in compliance with Section 17-1404(c) of The Philadelphia Code, a notice will be published on the City’s eContract Philly website (go to http://www.phila.gov/contracts and click on eContract Philly) listing the names of all Applicants and identifying the successful Applicant and the basis for the award to that Applicant. This notice will appear on the City’s website for at least one week before the contract is Page 20 of 25
City of Philadelphia
Philadelphia International Airport
ON CALL AIRPORT PLANNING CONSULTING SERVICES
NOVEMBER 2014
excuted. In no event, however, shall the City Department or City Agency issuing this RFP be obligated to debrief unsuccessful Applicants as to the basis for its decision not to award a contract to them.
Page 21 of 25
City of Philadelphia
Philadelphia International Airport
ON CALL AIRPORT PLANNING CONSULTING SERVICES
NOVEMBER 2014
IV. Proposal Administration A. Procurement Schedule RFP release
11/17/14
Pre-Proposal Meeting
12/3/14
Questions regarding the RFP due
12/5/14
Answers provided on eContract Philly website
12/8/14
Proposal submission
12/18/14
Applicant Interviews, Presentations
TBD
Applicant selection
TBD
Contract award and execution
TBD
NOTE: Revisions to the schedule are posted via Addendum with the original RFP documents on the eContract philly website: www.phila.gov/contracts, choose econtract Philly. The above dates are estimates only and the City reserves the right, in its sole discretion, to change this schedule. Notice of changes in the pre-proposal meeting date/time or location, the due date for Applicants questions, and the date ofr proposal submission will be posed on the City’s website at www.phila.gov/contracts (click on eContract Philly). The other dates/times listed may be changed without notice to prospective Applicants. B. Questions Relating to the RFP All questions concerning this RFP must be submitted in writing via email to: Susan Bailey
[email protected] no later than the date noted in the above schedule. The City will respond to submitted questions it considers appropriate to the RFP and of interest to all Applicants, no later than the date noted in the above schedule but reserves the right, in its discretion, not to respond to any question. Responses will be posted on the City’s website at www.phila.gov/contracts (click on eContract Philly and go to the Opportunity Details page for this notice on contracting opportunity). Responses posted on the City’s website become part of the RFP upon posting. No oral response to any Applicant(s) question by any City employee or agent shall be binding on the City or in any way considered to be a commitment by the City. C. Pre-Proposal Conference, Site Visits, Inspection of Materials An optional pre-proposal meeting to review the requirements of this RFP will be held on the date given in the above schedule at 10:00 AM, at the following location: International Plaza Building One, Route 291 & Bartram Avenue, Philadelphia, PA 19153. Attendees are expected to be present for the entire meeting and the City reserves the further right, in its sole discretion, to refuse admission to any attendee arriving more than thirty (30) minutes after the start of the meeting.
Page 22 of 25
City of Philadelphia
Philadelphia International Airport
ON CALL AIRPORT PLANNING CONSULTING SERVICES
NOVEMBER 2014
D. Term of Contract The initial term of the Contract shall commence on 1/1/15 (the “Initial Term”) and, unless sooner terminated by the City pursuant to the terms of the Contract, shall expire up to twelve months thereafter, on 12/31/15. The City may, at its sole option, amend the Contract to add up to three (3) additional successive one-year terms (“Additional Terms”). Except as may be stated otherwise in such amendment, the terms, and conditions of this Contract shall apply throughout each Additional Term.
Page 23 of 25
City of Philadelphia
Philadelphia International Airport
ON CALL AIRPORT PLANNING CONSULTING SERVICES
NOVEMBER 2014
V. General Rules Governing RFPs/Proposal; Reservation of Rights; Confidentiality and Public Disclosure A. Revisions to RFP The City reserves the right to change, modify, or revise the RFP at any time. Any revision to this RFP will be posted on eContract Philly with the original Opportunity Details. It is the Applicant’s responsibility to check the eContract Philly website frequently to determine whether additional information has been released or requested. B. City Employee Conflict Provision City of Philadelphia employees and officials are prohibited from submitting a proposal in response to this RFP. No proposal will be considered in which a City employee or official has a direct or indirect interest. C. Proposal Binding By signing and submitting its proposal, each Applicant agrees that the contents of its proposal are available for establishment of final contractual obligations for a minimum of 180 calendar days from the application deadline for this RFP. A Applicant’s refusal to enter into a contract which reflects the terms and conditions of this RFP or the Applicant’s proposal may, in the City’s sole discretion, result in rejection of Applicant’s proposal and shall be grounds for the City to call on any proposal security furnished by the Applicant. D. Contract Preparation Fee Pursuant to Chapter 17-701 of The Philadelphia Code, the successful Applicant will be required to pay a contract preparation fee. Regulations promulgated by the City Solicitor currently establish the following schedule of fees for preparation of the initial contract and subsequent amendments, based upon the amounts involved and whether the successful Applicant is a for-profit or nonprofit entity: Amount of Contract or For-Profit Fees Non-Profit Fees Amendment Contract Amendment Contract Amendment $0-$30,000 $50 $50 $50 $50 $30,001-$100,000 $200 $170 $100 $85 $100,001-$500,000 $500 $340 $200 $170 $500,001-$1,000,000 $900 $520 $300 $260 Over $1,000,000 $1,500 $1,000 $500 $500 In its discretion, the Law Department may grant a full or partial waiver of any of the above fees in exceptional cases for good cause shown, such as violation of a grant covenant. Governmental entities are exempt from the fees. The Law Department reserves the right to collect up to twice the stated fee if extensive negotiation is required to reach a final contract with the successful Applicant(s). E. Reservation of Rights7 By submitting its response to this notice of contract opportunity as posted on the eContract Philly web site (“eContractPhilly”), the Applicant accepts and agrees to this Reservation of Rights. The term “notice of contract opportunity,” as used herein, shall mean this RFP and include all information posted on eContract Philly in relation to this “New Contract Opportunity” as published on eContract Philly, including, without limitation, the information posted for this opportunity on the “Detailed Information for Opportunity” page, in the eContractPhilly “Opportunity List,” and including in addition to this RFP, any other document linked to the Detailed Information for Opportunity Page or otherwise displayed on or linked to the Detailed Information for Opportunity page or otherwise displayed on or linked to this notice of contract opportunity. 1. This Notice of Contract Opportunity
7
The City’s reservation of rights stated in the main text above also appears on the eContract Philly web site where a City solicitation document such as this RFP is referred to as a “notice of contract opportunity.” Therefore the phrase “this notice of contract opportunity” refers to this RFP and any other related documents posted on eContract Philly. Page 24 of 25
City of Philadelphia
Philadelphia International Airport
ON CALL AIRPORT PLANNING CONSULTING SERVICES
NOVEMBER 2014
The City reserves and may, in its sole discretion, exercise any one or more of the following rights and options with respect to this notice of contract opportunity: a) to reject any and all proposals and to reissue this notice of contract opportunity at any time prior to execution of a final contract; b) to issue a new notice of contract opportunity with terms and conditions substantially different from those set forth in this or a previous notice of contract opportunity; c) to issue a new notice of contract opportunity with terms and conditions that are the same or similar as those set forth in this or a previous notice of contract opportunity in order to obtain additional proposals or for any other reason the City determines to be in the City’s best interest; d) to extend this notice of contract opportunity in order to allow for time to obtain additional proposals prior to the notice of contract opportunity application deadline or for any other reason the City determines to be in the City’s best interest; e) to supplement, amend, substitute or otherwise modify this notice of contract opportunity at any time prior to issuing a notice of intent to contract to one or more Applicants; f) to cancel this notice of contract opportunity at any time prior to the execution of a final contract, whether or not a notice of intent to contract has been issued, with or without issuing, in the City’s sole discretion, a new notice of contract opportunity for the same or similar services; g) to do any of the foregoing without notice to Applicants or others, except such notice as the City, in its sole discretion, elects to post on eContractPhilly. 2. Proposal Selection and Contract Negotiation The City reserves and may, in its sole discretion, exercise any one or more of the following rights and options with respect to proposal selection: a) to reject any proposal if the City, in its sole discretion, determines the proposal is incomplete, deviates from or is not responsive to the requirements of this notice of contract opportunity, does not comply with applicable law (including, without limitation, Chapter 17-1400 of The Philadelphia Code), is conditioned in any way, or contains ambiguities, alterations or items of work not called for by this notice of contract opportunity, or if the City determines it is otherwise in the best interest of the City to reject the proposal; b) to reject any proposal if, in the City’s sole judgment, the Applicant has been delinquent or unfaithful in the performance of any contract with the City or with others; is delinquent, and has not made arrangements satisfactory to the City, with respect to the payment of City taxes or taxes collected by the City on behalf of the City of Philadelphia, or other indebtedness owed to the City; is not in compliance with City regulatory codes applicable to Applicant; is financially or technically incapable; or is otherwise not a responsible Applicant; c) to waive any defect or deficiency in any proposal, including, without limitation, those identified in subsections 1) and 2) preceding, if, in the City's sole judgment, the defect or deficiency is not material to the proposal; d) to require, permit or reject, in the City’s sole discretion, amendments (including, without limitation, information omitted), modifications, clarifying information and/or corrections to their proposals by some or all of the Applicants at any time following proposal submission and before the execution of a final contract; e) to issue a notice of intent to contract and/or execute a contract for any or all of the items in any proposal, in whole or in part, as the City, in its sole discretion, determines to be in the City’s best interest; f) to enter into negotiations with any one or more Applicants regarding price, scope of services, or any other term of their proposals, and such other contractual terms as the City may require, at any time prior to execution of a final contract, whether or not a notice of intent to contract has been issued to any Applicant and without reissuing this notice of contract opportunity; g) to enter into simultaneous, competitive negotiations with multiple Applicants or to negotiate with individual Applicants, either together or in sequence, and to permit or require, as a result of Page 25 of 25
City of Philadelphia
Philadelphia International Airport
ON CALL AIRPORT PLANNING CONSULTING SERVICES
h)
i)
j) k)
l) m) n) o)
NOVEMBER 2014
negotiations, the expansion or reduction of the scope of services or changes in any other terms of the submitted proposals, without informing other Applicants of the changes or affording them the opportunity to revise their proposals in light thereof, unless the City, in its sole discretion, determines that doing so is in the City's best interest; to discontinue negotiations with any Applicant at any time prior to the execution of a final contract, whether or not a notice of intent to contract has been issued to the Applicant, and to enter into negotiations with any other Applicant, if the City, in its sole discretion, determines it is in the best interest of the City to do so; to rescind, at any time prior to the execution of a final contract, any notice of intent to contract issued to a Applicant, and to issue or not issue a notice of intent to contract to the same or a different Applicant and enter into negotiations with that Applicant, if the City, in its sole discretion, determines it is in the best interest of the City to do so; to elect not to enter into any contract with any Applicant, whether or not a notice of Intent to Contract has been issued and with or without the reissuing this notice of contract opportunity, if the City determines that it is in the City's best interest to do so; to require any one or more Applicants to make one or more presentations to the City at the City’s offices or other location as determined by the City, at the Applicant’s sole cost and expense, addressing the Applicant’s proposal and its ability to achieve the objectives of this notice of contract opportunity; to conduct on-site investigations of the facilities of any one or more Applicants (or the facilities where the Applicant performs its services); to inspect and otherwise investigate projects performed by the Applicant, whether or not referenced in the proposal, with or without consent of or notice to the Applicant; to conduct such investigations with respect to the financial, technical, and other qualifications of each Applicant as the City, in its sole discretion, deems necessary or appropriate; and, to do any of the foregoing without notice to Applicants or others, except such notice as the City, in its sole discretion, elects to post on eContractPhilly.
3. Miscellaneous a) Interpretation; Order of Precedence. In the event of conflict, inconsistency or variance between the terms of this Reservation of Rights and any term, condition or provision contained in any notice of contract opportunity, the terms of this Reservation of Rights shall govern. b) Headings. The headings used in this Reservation of Rights do not in any way define, limit, describe or amplify the provisions of this Reservation of Rights or the scope or intent of the provisions, and are not part of this Reservation of Rights. F. Confidentiality and Public Disclosure The successful Applicant shall treat all information obtained from the City that is not generally available to the public as confidential and/or proprietary to the City. The successful Applicant shall exercise all reasonable precautions to prevent any information derived from such sources from being disclosed to any other person. The successful Applicant agrees to indemnify and hold harmless the City, its officials and employees, from and against all liability, demands, claims, suits, losses, damages, causes of action, fines and judgments (including attorney's fees) resulting from any use or disclosure of such confidential and/or proprietary information by the successful Applicant or any person acquiring such information, directly or indirectly, from the successful Applicant. By submission of a proposal, Applicants acknowledge and agree that the City, as a municipal corporation, is subject to state and local public disclosure laws and, as such, is legally obligated to disclose to the public documents, including proposals, to the extent required thereunder. Without limiting the foregoing sentence, the City's legal obligations shall not be limited or expanded in any way by an Applicant’s assertion of confidentiality and/or proprietary data. Page 26 of 25
Appendix A City of Philadelphia form of Contract Sample Provider Agreement, General Provisions & Airport Requirements
APPENDIX A page 1 of 87
Contract Number
City of Philadelphia Department
PROVIDER AGREEMENT (Architect and Engineer Services)
THIS PROVIDER AGREEMENT is made as of the
day of ___________
20 , by and between the City of Philadelphia (the “City”), acting by and through its Department (the “Department”), and _______________________ (“Provider”), a place of business at
, with its principal
.
BACKGROUND The City and Provider desire that Provider render various professional services to the City, in accordance with the provisions of the Provider Agreement, the City of Philadelphia Professional Services Contract Architect and Engineer Services General Provisions, as revised January, 2006 (the "General Provisions") and all of the other documents and exhibits which together constitute the Contract Documents as defined in the General Provisions. A copy of the General Provisions is attached hereto and incorporated herein by reference. In consideration of the mutual obligations set forth herein, and intending to be legally bound, the City and Provider covenant and agree as follows:
ARTICLE I: GENERAL TERMS 1.1
The Background is incorporated by reference herein.
1.2
Capitalized terms shall have the meanings set forth in the General
Provisions.
PSC (A&E) Rev. Date: March 2010 Page 1
ARTICLE II: TERM 2.1
Term. The term of this Contract shall commence on
and shall terminate on
unless terminated earlier in accordance with
the terms of the Contract.
ARTICLE III: SERVICES AND MATERIALS 3.1
Services and Materials. Provider shall perform the Services and provide the Materials described in
Exhibit PA-1, which is attached hereto and incorporated herein by reference. All Services shall be performed and Materials provided within the schedule outlined in Exhibit PA-1.
ARTICLE IV: COMPENSATION 4.1
Amount. As compensation for the Services and Materials rendered and provided,
the City covenants and agrees to pay to Provider ______________________
("Provider's
Fee"). 4.2
Manner of Payment. (a)
Payment shall be made after Provider’s timely submission of
invoices to the Responsible Official, in the number, form and content acceptable to the Responsible Official, accompanied by such additional supporting data and documentation as the Responsible Official may require. All payments to Provider are contingent upon satisfactory performance of the terms and conditions of this Contract. Provider shall submit its final invoice not more than sixty (60) days from completion of the Services and delivery of Materials. All payments to Provider shall be by checks drawn by the City Treasurer.
PSC (A&E) Rev. Date: March 2010 Page 2
(b)
Subject to the submission of monthly invoices as set forth in
section 4.2(a) above, payment to Provider by the City for Services and Materials satisfactorily performed shall be made as follows: (1)
Fifteen percent (15%) upon completion and approval of schematic design;
(2)
Thirty-five percent (35%), inclusive of previous payment, upon completion and approval of preliminary design;
(3)
Sixty-five percent (65%), inclusive of previous payments, upon completion and approval of the Construction Documents;
(4)
Seventy-five percent (75%), inclusive of previous payments, following completion of all Services required of Provider during the City’s bid/award process;
(5)
Eighty-five percent (85%), inclusive of previous payments, at forty percent (40%) completion of construction;
(6)
Ninety-five percent (95%), inclusive of previous payments, at eighty percent (80%) completion of construction;
(7)
One hundred percent (100%), inclusive of previous payments, at substantial completion of construction, unless the Responsible Official or his/her designee determines that further work is required of Provider in connection with punch list items.
In the event the City elects to terminate this Contract for the convenience of the City pursuant to Section 13.1 of the General Provisions following completion and approval of the Construction Documents or if the City elects to delay commencement of the bidding process for more than six (6) months following the date of the City’s approval of the Construction Documents for reasons beyond the control of Provider and which is not because of Provider's fault or negligence, the payment made under Section 4.2(b)(3) above shall be increased from sixty-five percent (65%) to seventy percent (70%).
PSC (A&E) Rev. Date: March 2010 Page 3
(c)
Subject to the City’s prior written approval, Provider may elect to receive
monthly progress payments for each phase of the aforesaid Services and Materials based on the actual percentage of work completed for each phase (regardless of the amount of time spent by Provider), as determined by the Department; provided, however, that no more than eighty percent (80%) of the total compensation due for each phase shall be paid before the completion of such phase. Provider must submit monthly invoices in accordance with section 4.2(a) above. The City reserves the right to require Provider to submit certified payrolls or other documentation in order to determine the appropriateness of any progress payments to Provider. (d)
Provider’s Fee hereunder shall include full payment for all costs and
expenses associated with the Services and Materials provided under this Contract, including, but not limited to, the following: (1) Expense of all travel, lodging and transportation in connection with the Services and Materials, as well as all telephone and other communication expenses;
PSC (A&E) Rev. Date: March 2010 Page 4
(2)
Filing fees for required permits and approvals including, but not limited to, filing fees for zoning and/or use registration permits, building permits, variances, and, if requested by the Department, preliminary plan examination, from authorities having jurisdiction over the Services (Note: Any additional fees to be paid to such authorities for the actual permits will not be the responsibility of Provider);
(3)
Expense of reproductions, postage and handling of drawings, specifications, and other documents;
(4)
Expense of overtime work requiring higher than regular rates unless authorized in writing by the City as an additional service under Section 3.3 of the General Provisions (Additional Services and Materials);
(5)
Expense of renderings, models and mock-ups included in the Provider's proposal at the request of the City;
(6)
Expense of additional insurance coverage, including professional liability insurance, requested by the City in excess of that normally carried by Provider and Provider’s Subcontractors;
(7)
(e)
Expense of computer-aided design and drafting equipment time when used in connection with the Services.
Notwithstanding anything in this Contract to the contrary, the sum of any
and all payments to Provider hereunder shall in no event exceed the sum of _______________.
ARTICLE V: MISCELLANEOUS PROVISIONS 5.1
Notice. Any notice required or permitted to be given under the Contract shall be
given in writing and shall be personally delivered by hand with receipt obtained, by a national overnight express carrier (such as Federal Express), by facsimile, or sent by registered or certified United States mail, return receipt requested, addressed as follows: IF TO THE CITY Attn.: (Fax No.:
)
IF TO PROVIDER: Attn: (Fax No: 5.2
)
Interpretation; Order of Precedence. In the event of a conflict or inconsistency between the terms of this
Provider Agreement and any term, condition or provision contained in any exhibit hereto, or any attachment to such exhibit (including without limitation, any proposal of Provider), the terms of this Provider Agreement shall control.
5.3
Other Provisions [NOTE -- delete the heading "Other Provisions" if
not applicable & insert "Section 5.3 intentionally deleted."]
PSC (A&E) Rev. Date: March 2010 Page 5
Other provisions, including, without limitation, OEO participation commitments and any exceptions or modifications to the General Provisions of the Contract, are set forth in the following Exhibits attached hereto, and incorporated herein by reference:
5.4
(a)
Exhibit PA-
:
(a)
Exhibit PA-
:
Acknowledgement of the General Provisions. Provider specifically acknowledges that Provider has read and understands
the terms and conditions contained in the General Provisions and acknowledges that by executing this Provider Agreement, Provider shall be legally bound by all of the terms of this Contract, including, but not limited to, those set forth in the General Provisions. IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound by all of the Contract Documents, have caused the Contract to be executed by their respective duly authorized officers as of the date in the heading of this Provider Agreement.
APPROVED AS TO FORM SHELLEY R. SMITH, CITY SOLICITOR
THE CITY OF PHILADELPHIA Through: The Department By: _______________________________
Per________________________________________________ [Insert Attorney's name] [Insert Attorney's title] Title:
______________________________
CORPORATE SEAL:
PROVIDER By: President or Vice-President Attest: Title: ______________ _ _________ (Ass’t) Secretary or (Ass’t) Treasurer
PSC (A&E) Rev. Date: March 2010 Page 6
EXHIBIT PA-1 SERVICES AND MATERIALS TO BE PERFORMED BY PROVIDER SCHEDULE Provider shall complete the following work within the number of calendar days specified: (a)
Schematic design work within ___ calendar days after receiving written direction to proceed from the Department.
(b)
Preliminary design work within ___ calendar days after receiving written approval of schematic design work from the Department.
(c)
Final Construction Documents within ___ calendar days after receiving written approval of preliminary design work from the Department.
(d)
Other work products and services within the number of calendar days as specified by the Department.
EXHIBIT PA-3 AIRPORT REQUIREMENTS PART 1.
I.
GENERAL REQUIREMENTS APPLICABLE TO ALL CITY OF PHILADELPHIA DIVISION OF AVIATION PROFESSIONAL SERVICES CONTRACTS
AIRPORT SECURITY PROGRAM AND SAFETY RESTRICTIONS.
A. In accordance with regulations issued by the U.S. Department of Transportation, Transportation Security Administration ("TSA"), and found at 49 Code of Federal Regulations ("CFR") Part 1542, airports are required to have TSA-approved security programs. These programs are designed to control access to certain areas of airports and to control the movement of people and vehicles within those areas. City has a TSA-approved security program for the Airport. Provider is required, at all times during the Term and any extension thereof, to be familiar with and to comply with City's security program for the Airport. Failure to comply with the City's TSA-approved security program shall be a material breach of this Agreement and, in addition to all other rights and remedies of the City hereunder, at law or in equity, City shall be entitled to terminate this Agreement without liability to City and, upon such termination, Provider shall be liable to the City for all outstanding fees and charges and all costs, including attorney costs, expenses and damages arising out of such termination. B. In the use of the ramps, roads, streets, corridors, hallways, stairs and other common areas of the Airport as a means of ingress and egress to, from and about the Airport, and also in the use of portions of the Airport to which the general public is admitted, the Provider shall comply (and shall require its employees, invitees and others doing business with it to comply) with the ordinances, rules and regulations of the City which are now in effect or which may hereafter be in effect for the safe and efficient operation of the Airport. Provider and its employees shall not have any right hereunder to park vehicles at the Airport except in parking areas designated the Division of Aviation. C. Provider shall furnish all personnel who are authorized access to restricted Airport areas with such identification, as the Airport security program requires. Upon execution of this Agreement, the Provider shall furnish the City with a list of the names and additional pertinent data of persons who are authorized access to restricted Airport areas and Provider shall update said list as appropriate.
II.
GENERAL PROVISIONS
A. Provider will perform its duties and obligations without disturbing the quiet enjoyment of any other Airport tenant or user from the operation of its business.
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B. Provider shall store and dispose of all trash and refuse, or cause its disposal, in accordance with all federal, state and local laws, ordinances and regulations and with other and Airport requirements. C. City reserves the right to further develop or improve the Airport and terminal buildings as it may see fit, regardless of the desires or views of Provider and Provider shall not in any way interfere or hinder such developments or improvements. D. In the event that the Federal Aviation Administration (“FAA”) or its successors require modifications or changes in this Agreement as a condition precedent to the granting of funds for the improvement of the Airport or otherwise, Provider agrees to consent to such amendments, modifications, revisions, supplements, or deletions of any of the terms, conditions or requirements of this Agreement as may be required to satisfy the FAA. E. City shall be excused for the period of any delay in the performance of any obligations hereunder when prevented from so doing by cause or causes beyond City's control which shall include, without limitation, all labor disputes, inability to obtain any material or services, civil commotion or Acts of God. III.
COMPLIANCE WITH LAWS, PAYMENT OF TAXES AND FINES
A. Provider shall promptly observe and comply with the provisions of any and all present and future federal, state and local laws, ordinances, rules, regulations, requirements, orders and directions that may pertain or apply to Provider or its operations hereunder. Further, Provider shall comply with all applicable rules, regulations, methods and procedures of all governmental boards, bureaus, offices and commissions and other agencies, including, but not limited to the FAA or other agencies having jurisdiction over, or providing funding to, the City and the Airport. B. Provider shall pay all taxes, license, certification, permit and examination fees and excises which may be assessed, levied, exacted or imposed on its property or operations hereunder or on any gross receipts or income therefrom, or on any amounts payable hereunder, including without limitation, sales taxes, and shall make all applications, reports and returns required in connection therewith. C. Provider shall immediately pay any and all fines that may be imposed by any governmental agency or department whether imposed upon the Provider directly or upon City, resulting from acts or omissions of Provider, its officers, employees, agents, contractors, suppliers and furnisher of services in connection with performance of Provider’s duties and obligations under this Agreement. D.
Federal and State Requirements
1. The City may be reimbursed by the U.S. Department of Transportation, through the FAA, Pennsylvania Department of Transportation and/or other funding agencies for a portion of costs incurred hereunder, which agencies shall be granted full City of Philadelphia Division of Aviation Airport Requirements
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cooperation in any audit or other determination concerning their respective participation in the reimbursement of Provider’s costs. 2. When appropriate, and to the extent applicable, Provider must comply with any and all requirements imposed upon the City as a condition of the receipt and use of state funds. 3. When appropriate, and to the extent applicable, Provider must comply with any and all requirements imposed upon the City as a condition of the receipt and use of federal funds. IV.
FEDERAL AVIATION ACT
This Agreement, and all provisions hereof, are subject and subordinate to the provisions of any agreement, instrument or document heretofore or hereafter made between the City and the United States Government relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the transfer of federal rights or property to the City for Airport purposes, or the expenditure of federal funds for the improvements or development of the Airport, including without limitation the expenditure of federal funds for the development of the Airport under the provisions of the Federal Aviation Act of 1958 (49 U.S.C. § 40101 et seq.), as it has been amended from time to time or any future act affecting the operation or maintenance of the Airport. This Agreement shall be given only such effect as will not conflict or be inconsistent with the terms and conditions of any such agreement, instrument or document between the City and the United States Government. V.
NON-EXCLUSIVITY
Provider covenants and agrees that nothing herein contained shall be construed as granting or authorizing the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act (49 U.S.C. § 40103), as amended, or under any other sections of the Federal Aviation Act, Federal Aviation Regulations, or any other applicable law and regulations. VI.
ENERGY CONSERVATION REQUIREMENTS
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the Pennsylvania and Philadelphia energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163).
PART 2:
SUBPART A:
CONTRACT PROVISIONS REQUIRED BY FEDERAL LAW TO BE INCLUDED IN PROFESSIONAL SERVICES CONTRACTS PROVISIONS APPLICABLE TO ALL CONTRACTS
I. THE FOLLOWING PROVISIONS APPLY TO ALL CITY OF PHILADELPHIA CONTRACTS FOR PROFESSIONAL SERVICES FOR THE CITY’S DIVISION City of Philadelphia Division of Aviation Airport Requirements
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OF AVIATION, AND MUST BE INCLUDED BY THE PROVIDER IN EVERY SUBCONTRACT: GENERAL CIVIL RIGHTS PROVISIONS 1. The contractor agrees that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. 2. This provision binds the contractors from the bid solicitation period through the completion of the contract. This provision is in addition to any provisions required by Title VI of the Civil Rights Act of 1964. SUBPART B: PROVISIONS APPLICABLE TO CONTRACTS FOR WHICH THE CITY WILL USE ANY FEDERAL FUNDING (SEE BELOW FOR DETERMINATION), SOME APPLICABLE ONLY TO CONTRACTS IN EXCESS OF CERTAIN AMOUNTS, AS SPECIFIED II.
THE FOLLOWING PROVISIONS APPLY TO ALL CITY OF PHILADELPHIA CONTRACTS FOR PROFESSIONAL SERVICES FOR THE CITY’S DIVISION OF AVIATION, AND THE PROVIDER SHALL COMPLY WITH THESE PROVISIONS AND SHALL INCLUDE THEM IN EVERY SUBCONTRACT, IF THE CITY WILL USE ANY FEDERAL FUNDING TO PAY FOR ANY PORTION OF THE CONTRACT WORK, DETERMINED AS FOLLOWS: (1) IF THE CONTRACT WORK INVOLVES AIRPORT SECURITY AND/OR A BAGGAGE HANDLING SYSTEM AND/OR INFRASTRUCTURE FOR EITHER, THE PROVIDER MUST ASK THE CITY’S PROJECT MANAGER WHETHER OR NOT THE CITY WILL USE ANY TSA FUNDING TO PAY FOR THE CONTRACT WORK, AND USE THESE PROVISIONS IF THE RESPONSE IS AFFIRMATIVE; AND (2) IF THIS PROVIDER AGREEMENT’S AFFIRMATIVE ACTION PROVISIONS (GENERALLY IN EXHIBIT PA-2) CONCERN “DISADVANTAGED BUSINESS ENTERPRISES” AND 49 CFR PART 26 (INSTEAD OF “MINORITY/WOMAN/DISABLED-OWNED BUSINESSES” AND CITY EXECUTIVE ORDER 3-12), THEN THE PROVIDER SHALL CONCLUDE THAT THE CITY WILL USE GRANT FUNDING FROM THE U.S. DEPARTMENT OF TRANSPORTATION (FAA), AND SHALL USE THESE PROVISIONS:
(A) PROVISIONS REQUIRED TO COMPLY WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
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Compliance with Nondiscrimination Requirements During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities set forth below (the statutes and regulations listed therein being the “Acts” and the “Regulations,” respectively), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City of Philadelphia Division of Aviation or the FAA or the TSA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the sponsor or the FAA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the non-discrimination provisions of this contract, the City of Philadelphia Division of Aviation will impose such contract sanctions as it or the FAA or the TSA may determine to be appropriate, including, but not limited to: a. Withholding payments to the contractor under the contract until the contractor complies; and/or City of Philadelphia Division of Aviation Airport Requirements
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b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six, and the Title VI List of Pertinent Nondiscrimination Authorities set forth below, in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City of Philadelphia Division of Aviation or the FAA or the TSA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City of Philadelphia Division of Aviation to enter into any litigation to protect the interests of the City of Philadelphia Division of Aviation. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Title VI List of Pertinent Nondiscrimination Authorities
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964);
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of
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the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). (B) ACCESS TO RECORDS AND REPORTS
The contractor must maintain an acceptable cost accounting system. The contractor agrees to provide the City of Philadelphia Division of Aviation, the FAA, the TSA, and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. (C) FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) This contract and every subcontract shall incorporate the following provisions by reference, with the same force and effect as if given in full text. The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor must address any claims or City of Philadelphia Division of Aviation Airport Requirements
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disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. Requirement
Federal Agency with Enforcement Responsibilities
Federal Fair Labor Standards Act (29 USC 201)
U.S. Department of Labor – Wage and Hour Division
(D) LOBBYING AND INFLUENCING FEDERAL EMPLOYEES The contractor, by having submitted its proposal for the work to be performed under this contract, has certified and hereby confirms its certification that, to the best of his or her knowledge and belief: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the contractor shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (E) OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 This contract and every subcontract shall incorporate the following provisions by reference, with the same force and effect as if given in full text. The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities.
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Requirement
Federal Agency with Enforcement Responsibilities
Occupational Safety and Health Act of 1970 (20 CFR Part 1910)
U.S. Department of Labor – Occupational Safety and Health Administration
(F)
RIGHTS TO INVENTIONS
All rights to inventions and materials generated under this contract are subject to requirements and regulations issued by the FAA, the TSA and the City of Philadelphia Division of Aviation.
(G)
TRADE RESTRICTION CLAUSE
The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written City of Philadelphia Division of Aviation Airport Requirements
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notice to the contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. 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 this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. III.
THE FOLLOWING PROVISIONS APPLY TO ALL CITY OF PHILADELPHIA CONTRACTS FOR PROFESSIONAL SERVICES FOR THE CITY’S DIVISION OF AVIATION AND MUST BE INCLUDED BY THE PROVIDER IN EVERY SUBCONTRACT IF THE CITY WILL USE ANY FEDERAL FUNDING TO PAY FOR ANY PORTION OF THE CONTRACT WORK (SEE THE HEADING FOR PART 2, SECTION II ABOVE) AND IF THE CONTRACT OR SUBCONTRACT IS FOR MORE THAN $10,000: TERMINATION OF CONTRACT
a. The City of Philadelphia Division of Aviation may, by written notice, terminate this contract in whole or in part at any time, either for the City of Philadelphia Division of Aviation's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services must be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the City of Philadelphia Division of Aviation. b. If the termination is for the convenience of the City of Philadelphia Division of Aviation, an equitable adjustment in the contract price will be made, but no amount will be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the contractor's obligations, the City of Philadelphia Division of Aviation may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor is liable to the City of Philadelphia Division of Aviation for any additional cost occasioned to the City of Philadelphia Division of Aviation thereby. City of Philadelphia Division of Aviation Airport Requirements
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d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination will be deemed to have been effected for the convenience of the City of Philadelphia Division of Aviation. In such event, adjustment in the contract price will be made as provided in paragraph b of this clause. e. The rights and remedies of the City of Philadelphia Division of Aviation provided in this clause are in addition to any other rights and remedies provided by law or under the General Provisions or any other provisions of this contract. IV.
THE FOLLOWING PROVISIONS APPLY TO ALL CITY OF PHILADELPHIA CONTRACTS FOR PROFESSIONAL SERVICES FOR THE CITY’S DIVISION OF AVIATION AND MUST BE INCLUDED BY THE PROVIDER IN EVERY SUBCONTRACT IF THE CITY WILL USE ANY FEDERAL FUNDING TO PAY FOR ANY PORTION OF THE CONTRACT WORK (SEE THE HEADING FOR PART 2, SECTION II ABOVE) AND IF THE CONTRACT OR SUBCONTRACT IS FOR MORE THAN $25,000:
CERTIFICATE REGARDING DEBARMENT AND SUSPENSION (CONTRACTOR) By submitting a bid/proposal for the work to be performed under this contract, the contractor certified and hereby confirms that at the time the bidder or offeror submitted its proposal that neither it nor its principals was debarred or suspended by any Federal department or agency from participation in this transaction. The contractor hereby certifies that at the time it executes this contract neither it nor its principals is presently debarred or suspended by any Federal department or agency from participation in this transaction.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (SUCCESSFUL BIDDER REGARDING LOWER TIER PARTICIPANTS) The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov 2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract
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If the FAA or the TSA or any other Federal agency providing funding later determines that a lower tier participant failed to tell a higher tier that it was excluded or disqualified at the time it entered the covered transaction, the FAA or the TSA or any other Federal agency providing funding may pursue any available remedy, including suspension and debarment.
V. THE FOLLOWING PROVISIONS APPLY TO ALL CITY OF PHILADELPHIA CONTRACTS FOR PROFESSIONAL SERVICES FOR THE CITY’S DIVISION OF AVIATION AND MUST BE INCLUDED BY THE PROVIDER IN EVERY SUBCONTRACT IF THE CITY WILL USE ANY FEDERAL FUNDING TO PAY FOR ANY PORTION OF THE CONTRACT WORK (SEE THE HEADING FOR PART 2, SECTION II ABOVE) AND IF THE CONTRACT OR SUBCONTRACT IS FOR MORE THAN $100,000:
(A) BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed under the General Provisions or any other provisions of this contract or otherwise available by law.
(B) CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: 1. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; 2. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; 3. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; City of Philadelphia Division of Aviation Airport Requirements
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4. To include or cause to be included in any construction contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements.
(C) CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) above, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. 3. Withholding for Unpaid Wages and Liquidated Damages. The FAA, the TSA or the City of Philadelphia Division of Aviation shall upon its own action or upon written request of an authorized representative of the U.S. Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. 4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section.
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SUBPART C: PROVISIONS APPLICABLE TO CONTRACTS FOR WHICH THE CITY WILL USE ANY U.S. DEPARTMENT OF TRANSPORTATION FUNDING (SEE BELOW FOR DETERMINATION) VI.
THE FOLLOWING PROVISIONS APPLY TO ALL CITY OF PHILADELPHIA CONTRACTS FOR PROFESSIONAL SERVICES FOR THE CITY’S DIVISION OF AVIATION IF THE CITY WILL USE ANY U.S. DEPARTMENT OF TRANSPORTATION (US DOT) GRANT FUNDING TO PAY FOR ANY PORTION OF THE CONTRACT WORK, DETERMINED AS FOLLOWS: IF THIS PROVIDER AGREEMENT’S AFFIRMATIVE ACTION PROVISIONS (GENERALLY IN EXHIBIT PA-2) CONCERN “DISADVANTAGED BUSINESS ENTERPRISES” AND 49 CFR PART 26 (INSTEAD OF “MINORITY/WOMAN/DISABLED-OWNED BUSINESSES” AND CITY EXECUTIVE ORDER 3-12), THEN THE PROVIDER SHALL CONCLUDE THAT THE CITY WILL USE US DOT GRANT FUNDING, AND SHALL COMPLY WITH THESE PROVISIONS AND INCLUDE THEM IN EVERY SUBCONTRACT: (A)
DISADVANTAGED BUSINESS ENTERPRISES
Contract Assurance (§ 26.13) - The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of US Department of Transportation- assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Prompt Payment (§26.29)- The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than five (5) days from the receipt of each payment the prime contractor receives from the City of Philadelphia Division of Aviation. The prime contractor agrees further to return retainage payments to each subcontractor within five (5) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Philadelphia Division of Aviation. This clause applies to both DBE and non-DBE subcontractors.
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(B) BUY AMERICAN CERTIFICATION NOTE: The following provisions apply to professional services agreements (1) if the professional services agreement includes any manufactured product as a deliverable, and (2) as a guideline to be followed in the development of design specifications. The contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP-funded projects are produced in the United States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. A bidder or offeror must submit the appropriate Buy America certification (below) with all bids or offers on AIP funded projects. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive.
Type of Certification is based on Type of Project: There are two types of Buy American certifications.
For projects for a facility, the Certificate of Compliance Based on Total Facility (Terminal or Building Project) must be submitted.
For all other projects, the Certificate of Compliance Based on Equipment and Materials Used on the Project (Non-building construction projects such as runway or roadway construction; or equipment acquisition projects) must be submitted. ***** Certificate of Buy American Compliance for Total Facility (Buildings such as Terminal, SRE, ARFF, etc.)
As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one of the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (i.e. not both) by inserting a checkmark () or the letter “X”.
Bidder or offeror hereby certifies that it will comply with 49 USC. 50101 by: a)
Only installing steel and manufactured products produced in the United States; or
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Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing; or c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement, the bidder or offeror agrees: 1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing US domestic products 3. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. The bidder or offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC § 50101(a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees: 1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that support the type of waiver being requested. 2. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may results in rejection of the proposal. 3. To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA. 4. To furnish US domestic product for any waiver request that the FAA rejects. 5. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. b)
Required Documentation
Type 3 Waiver - The cost of components and subcomponents produced in the United States is more that 60% of the cost of all components and subcomponents of the “facility”. The required documentation for a type 3 waiver is: a) Listing of all manufactured products that are not comprised of 100% US domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non-domestic products in their entirety) b) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly and installation at project location.
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c) Percentage of non-domestic component and subcomponent cost as compared to total “facility” component and subcomponent costs, excluding labor costs associated with final assembly and installation at project location. Type 4 Waiver – Total cost of project using US domestic source product exceeds the total project cost using non-domestic product by 25%. The required documentation for a type 4 of waiver is: a) Detailed cost information for total project using US domestic product b) Detailed cost information for total project using non-domestic product
False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code.
Date
Signature
Company Name
Title *****
Certificate of Buy American Compliance for Manufactured Products (Non-building construction projects, equipment acquisition projects) As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a checkmark () or the letter “X”.
Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by: Only installing steel and manufactured products produced in the United States, or; b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or; a)
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Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement, the bidder or offeror agrees: 1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing US domestic product 3. To furnish US domestic product for any waiver request that the FAA rejects 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. The bidder or offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC § 50101(a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees: 1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that support the type of waiver being requested. 2. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may result in rejection of the proposal. 3. To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA. 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. c)
Required Documentation Type 3 Waiver - The cost of the item components and subcomponents produced in the United States is more that 60% of the cost of all components and subcomponents of the “item”. The required documentation for a type 3 waiver is: a) Listing of all product components and subcomponents that are not comprised of 100% US domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non-domestic products in their entirety) b) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture. c) Percentage of non-domestic component and subcomponent cost as compared to total “item” component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture.
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Type 4 Waiver – Total cost of project using US domestic source product exceeds the total project cost using non-domestic product by 25%. The required documentation for a type 4 of waiver is: a) Detailed cost information for total project using US domestic product b) Detailed cost information for total project using non-domestic product
False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code.
Date
Signature
Company Name
Title
(C) TEXTING WHEN DRIVING In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 “Text Messaging While Driving” (12/30/2009), FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub-grant. The contractor must promote policies and initiatives for employees and other work personnel that decrease crashes by distracted drivers, including policies to ban text messaging while driving. The contractor must include these policies in each third party subcontract involved on this project. (D)
VETERAN’S PREFERENCE
In the employment of labor (except in executive, administrative, and supervisory positions), preference must be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Title 49 United States Code, Section 47112. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. City of Philadelphia Division of Aviation Airport Requirements
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DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS
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DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS I. DBE GOAL To create a level playing field on which Disadvantaged Business Enterprises (“DBEs”) can compete fairly for U.S. Department of Transportation assisted contracts (“DOT-assisted contracts”), the City of Philadelphia (“City”) acting through its DBE Program Office at the Philadelphia International Airport, has established, in connection with this Request For Proposals (“RFP”), a goal for the utilization of firms owned and controlled by DBEs. This DBE contract goal will remain in effect throughout the life of any contract awarded as a result of this RFP. Failure of a Respondent to meet the DBE Goal and failure to provide and document “good faith efforts” in response to the DBE goal, in the manner specified herein, will result in rejection of Respondent’s proposal as nonresponsive. When the award of the contract is made with DBE participation less than the DBE goal, the successful Respondent (“contractor”) to this RFP is obligated to continue Good Faith Efforts throughout the life of the contract to increase the DBE participation to meet the DBE contract goal. II. CONTRACTOR ASSURANCES The following provisions are binding upon the prime contractor who must also include these provisions in every subcontract, so that such provisions will be binding upon each subcontractor: (a) Policy. It is the policy of the U.S. Department of Transportation and the City that DBEs, as defined in 49 CFR Part 26, as amended, be given the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the DBE requirements of 49 CFR Part 26, as amended, apply to this contract. (b) DBE Obligation. Take all necessary and reasonable steps, according to 49 CFR Part 26, as amended, to ensure that DBEs have the opportunity to compete for and perform contracts. Contractor and subcontractor(s) shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT- assisted contracts. (c) Failure to Comply with DBE Requirements. Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract, or imposition of any other remedy that the City deems appropriate, including repayment of any shortfall in committed DBE participation and debarment under the “City of Philadelphia Policy and Procedure for the Debarment and Suspension of Vendors and Contractors.” In addition, after notification to the U.S. Department of Transportation, contractor may be barred from bidding on DOT-assisted contracts for up to three (3) years. III. DEFINITIONS— Consistent with the federal regulations, the following definitions apply for terms used in this RFP and any resulting contract: 2 R2014
(a) DBE. A for-profit small business concern: 1. That is at least 51% owned by one or more individuals who are both socially and economically disadvantaged or, in the case of a corporation, in which 51% of the stock is owned by one or more such individuals; and 2. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. (b) Certified DBE. An entity certified by the Pennsylvania Unified Certification Program (PaUCP) as a DBE. For more information visit www.paucp.com (c) Small Business Concern. With respect to firms seeking to participate as DBEs in DOTassisted contracts, a small business concern as defined pursuant to section 3 of the Small Business Act and Small Business Administration regulations implementing it (13 CFR part 121) that also does not exceed the cap on average annual gross receipts specified in § 26.65(b). (d) Socially and Economically Disadvantaged Individual. An individual who is a citizen (or lawfully admitted permanent resident) of the United States and who is: 1. Any individual who the City finds to be a socially and economically disadvantaged individual on a case-by-case basis. 2. Any individual in the following groups, members of which are rebuttably presumed to be socially and economically disadvantaged: "Black Americans," which includes persons having origins in any of the Black racial groups of Africa; "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; "Native Americans," which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians. "Asian-Pacific Americans," which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kirbati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong; "Subcontinent Asian Americans," which includes persons whose origins are from India, Pakistan, and Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka; 3 R2014
Women; 3. Any additional groups whose members are designated as socially and economically disadvantaged by the Small Business Administration, at such time as the Small Business Act designation becomes effective. (e) Good Faith Effort. Efforts to achieve a DBE goal which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement. IV. COUNTING DBE PARTICIPATION 1. If the respondent submitting the proposal and serving as prime contractor is a certified DBE, count the dollar amount of the work to be actually performed by the DBE toward the DBE Goal. 2. If the materials or supplies are purchased from a DBE supplier performing as regular dealer, count 60 percent of the cost of the materials or supplies toward DBE Goal. A regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. 3. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies toward DBE Goal. A manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications. Count toward the DBE goal 100% of expenditures of DBE services including professional, technical consultant or managerial services. Count fees or commissions charged for providing any bonds or insurance specifically required for the performance of the contract provided the fees are reasonable and not excessive as compared with fees customarily allowed for similar services. 4. Any services to be performed by a DBE are required to be project related. The use of DBEs is in addition to all other equal opportunity requirements of the contract. 5. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the DBE's subcontractor is itself a DBE. Work that a DBE subcontracts to a nonDBE firm does not count toward DBE goals. 6. A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining 4 R2014
quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. Only work that is commercially useful will be counted toward the DBE goal; proposed utilization of a DBE for work that is not commercially useful is not a good faith effort. V. ACTIONS TO BE TAKEN BY RESPONDENT PRIOR TO AND AT PROPOSAL SUBMISSION In response to this RFP, Respondent must make a “Good Faith Effort” to subcontract portions of the project work to a certified DBE(s) to meet or exceed the DBE goal established for this RFP. The demonstration of a Good Faith Effort is accomplished by seeking out DBE participation in the project given all relevant circumstances. Only DBEs certified by the PaUCP by the time of proposal submission may be counted toward the DBE goal; efforts to include firms not certified by the PaUCP are not good faith efforts to meet the DBE goal. (a) The following are the kinds of efforts that may be taken, but they are not deemed to be exclusive or exhaustive. The City will consider other factors and types of efforts that may be relevant: 1. Efforts made to solicit through all reasonable and available means (e.g., use of the PaUCP DBE Directory, attendance at pre-bid meetings, advertising and/or written notices) the interest of all certified DBEs who have the capability to perform the work of the contract. Use of a DBE in areas of work which it is not certified will not count towards Respondent’s good faith effort. Respondent should provide written notification, at least 15 calendar days before the opportunity closing, to allow the DBEs adequate time to respond to the solicitation. Respondent must determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations. Respondent may not reject a DBE as being unqualified without sound reasons based on a thorough investigation of the DBE’s capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of bids in the contractor's efforts to meet the DBE contract goal. 2. Efforts made to select portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goal will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces. 3. Efforts made to provide interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation. 4. Efforts made to negotiate in good faith with interested DBEs. It is the Respondent’s responsibility to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material 5 R2014
needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the work. A respondent using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well as the DBE goal into consideration. The fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a respondent's failure to meet the DBE goal, as long as such costs are reasonable. Also, the ability or desire of respondent to perform the work of a contract with its own work force does not relieve the respondent of the responsibility to make a Good Faith Effort. Respondents are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. 5. Efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance. 6. Efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. 7. Efforts to effectively use the services of available minority/women community organizations; minority/women contractors' groups; local, State, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs. (b) If Respondent has met the DBE goal, Respondent must provide the following with the proposal (“DBE Submission”): 1. The names and addresses of certified DBE(s) that will participate in the contract; 2. A description of the work that each certified DBE will perform; 3. The dollar/percentage1 amount of the participation of each certified DBE firm participating; 4.
Written documentation of the Respondent’s legally binding commitment to use the certified DBE(s) in the dollar/percentage amount and for the services indicated, e.g., a letter of intent;
5. Written confirmation from the certified DBE(s) that it has agreed to participate in the contract as provided in the Respondent’s commitment, e.g., a quotation or sub-proposal.
1
In calculating the percentage amount, Respondent may apply the standard mathematical rules in rounding off numbers.
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Notwithstanding the foregoing, the City reserves the right to allow the Respondent selected for contract negotiation to amend its DBE submission at any time prior to award of a contract consistent with the DBE goal and expression of good faith efforts. (c) If Respondent is a certified DBE, it is still obligated to use a good faith effort to meet the DBE goal, but the value of the work actually performed by the DBE Respondent with its own work forces may be counted toward the DBE goal along with any work that the DBE Respondent has committed to be performed by DBE subcontractors and DBE suppliers. (d) If the Respondent fails to meet the DBE goal, Respondent’s proposal must contain documentation of a “good faith effort” the adequacy of which will be reviewed by the City (“Good Faith Effort Submission”). The Good Faith Effort Submission must explain and document efforts made by Respondent to obtain DBE participation commensurate with the DBE goal. Mere pro forma efforts are not good faith efforts and particular attention should be made to the types of efforts described in Section V (a) 1 through 7 of these Requirements. A Respondent submitting a Good Faith Effort Submission is strongly encouraged to review Appendix A to Part 26, “Guidance Concerning Good Faith Efforts.” Documentation must be verifiable and must include: 1. The names, street addresses, telephone and facsimile numbers and e-mail addresses of DBEs who were contacted, the dates of initial contact and the follow-up efforts made by Respondent; 2. A description of the information provided to the DBE to define the work to be performed; 3. Documentation of the reasons why any DBE contacted would not agree to participate. If the Good Faith Effort Submission is deemed satisfactory by the City, the “good faith effort” will be approved. In such case the contractor shall continue a “good faith effort” throughout the life of the contract to increase the DBE participation to meet the DBE Goal. If the City does not approve the adequacy of the “good faith effort,” Respondent’s proposal will be considered nonresponsive and the City will notify the Respondent that the proposal is rejected. The Respondent will be given an opportunity for administrative reconsideration by a City official who did not take part in the original determination that Respondent did not meet the DBE goal or failed to make an adequate good faith effort (“Reconsideration Official”). As part of this reconsideration, the Respondent will be given an opportunity to provide written documentation or argument concerning the issue of whether it met the DBE goal or made adequate good faith efforts to do so. The Respondent will have the opportunity to meet in person with the Reconsideration Official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. The result of the reconsideration process is final and is not administratively appealable to the U. S. Department of Transportation. (e) Any Respondent’s proposal that does not meet the DBE Goal and does not contain a Good Faith Effort Submission, will be rejected without further review of the proposal.
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VI.
ACTIONS REQUIRED BY PRIME CONTRACTOR AFTER AWARD (a) Prime Contractor shall include all assurances, as provided in Part II of these Requirements, in all subcontracts and Prime Contractor shall cause its subcontractors to conform to these assurances. (b) Prime Contractor must provide the City with executed subcontracts for each DBE within 90 days from the date of the notice to proceed given on the prime contract. Failure to provide the executed subcontract will result in a temporary stop of work on the 91st day of the contract until an acceptable DBE subcontract is provided to the City. Any time period involved in such a temporary stop of work will not extend the period of performance of the contract nor be accepted by the City as a justification for project time extension. (c)
Prime Contractor may not terminate a committed DBE subcontractor or substitute one DBE firm for another without the prior written approval of the DBE Program Office. The prime Contractor must have good cause to terminate the DBE which may include the DBE’s voluntary and verifiable withdrawal from the project, or the death or incapacity of the DBE. If the DBE Program Office approves the termination or substitution, the Prime Contractor is required to make a good faith effort to re-contract the same or other commercially useful work with another certified DBE no later than seven days following receipt of the DBE Program Office approval.
(d) Prime Contractor must maintain records necessary for compliance with DBE utilization obligations by indicating: 1. The number of DBE and non-DBE subcontractors and the type of work, materials or services performed in the project; 2. Efforts to secure DBE firms whenever a subcontractor is contemplated during a contract; 3. Documentation of all communication to obtain the services of DBEs on a project; (e) Prime Contractor must promptly pay DBE subcontractors and return any retainage within five (5) days of satisfactory completion of the subcontractors' work; (f) Prime Contractor must comply with the City’s electronic payment tracking system as available. (g) Upon completion of a DBE’s work, the Prime Contractor must submit a certification of the actual amount paid to the DBE. If the actual amount paid is less than the amount of the subcontract, an explanation is required and subject to the review and action of the City.
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VII. FAILURE TO COMPLY WITH DBE REQUIREMENTS (a) Failure by the Respondent to meet the DBE Goal and failure to provide a verifiable “good faith effort” in response to this RFP will result in rejection of the proposal as nonresponsive. (b) Failure by a Prime Contractor and its subcontractors to carry out the DBE requirements is a material breach of contract and may result in termination of the contract, or imposition of any other remedy that the City deems appropriate, including repayment of any shortfall in committed DBE participation and debarment under the “City of Philadelphia Policy and Procedure for the Debarment and Suspension of Vendors and Contractors” for a period up to three years. (c) During and upon completion of the project, the City will review the actual DBE expenditures to determine compliance with the DBE Goal. If the DBE Goal is not met, written explanation from the contractor will be reviewed by the City. If the shortfall in meeting the DBE Goal is determined to be unjustified and unwarranted, the City may impose sanction(s) as appropriate including repayment of any DBE shortfall.
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APPENDIX C CITY OF PHILADELPHIA TAX AND REGULATORY STATUS AND CLEARANCE STATEMENT FOR APPLICANTS THIS IS A CONFIDENTIAL TAX DOCUMENT NOT FOR PUBLIC DISCLOSURE This form must be completed and returned with Applicant’s proposal in order for Applicant to be eligible for award of a contract with the City. Failure to return this form will disqualify Applicant’s proposal from further consideration by the contracting department. Please provide the information requested in the table, check the appropriate certification option and sign below:
Applicant Name Contact Name and Title Street Address City, State, Zip Code Phone Number Federal Employer Identification Number or Social Security Number: Philadelphia Business Income and Receipts Tax Account Number (f/k/a Business Privilege Tax) (if none, state “none”) * Commercial Activity License Number (f/k/a Business Privilege License) (if none, state “none”)* ____ I certify that the Applicant named above has all required licenses and permits and is current, or has made satisfactory arrangements with the City to become current with respect to the payment of City taxes or other indebtedness owed to the City (including, but not limited to, taxes collected by the City on behalf of the School District of Philadelphia), and is not in violation, or has made satisfactory arrangements to cure any violation, or other regulatory provisions applicable to Applicant contained in The Philadelphia Code. ___ I certify that the Applicant named above does not currently do business, or otherwise have an economic presence in Philadelphia. If Applicant is awarded a contract with the City, it promptly will take all steps necessary to bring it into compliance with the City’s tax and other regulatory requirements.
Authorized Signature
Date
Print Name and Title
*
You can apply for a City of Philadelphia Business Income and Receipts Tax Account Number or a Commercial Activity License on line after you have registered your business on the City’s Business Services website located at http://business.phila.gov/Pages/Home.aspx. Click on “Register” or “Register Now” to register your business. Revised: June, 2012
APPENDIX D (SEE PART II)
ARCHITECT-ENGINEER QUALIFICATIONS OMB No.: 9000-0157 ___________________________________________________________________ Public reporting burden for this collection of information is estimated to average a total of 29 hours per response (25 hours for Part 1 and 4 hours for Part 2), including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the FAR Secretariat (MVA), Regulatory and Federal Assistance Publications Division, GSA, Washington, DC 20405. _____________________________________________________________________________________________________________________
Federal agencies use this form to obtain information from architect-engineer (A-E) firms about their professional qualifications. Federal agencies select firms for A-E contracts on the basis of professional qualifications as required by the Brooks A-E Act (40 U.S.C. 1101 1104) and Part 36 of the Federal Acquisition Regulation (FAR). The Brooks A-E Act requires the public announcement of requirements for A-E services (with some exceptions provided by other statutes), and the selection of at least three of the most highly qualified firms based on demonstrated competence and professional qualifications according to specific criteria published in the announcement. The Act then requires the negotiation of a contract at a fair and reasonable price starting first with the most highly qualified firm. The information used to evaluate firms is from this form and other sources, including performance evaluations, any additional data requested by the agency, and interviews with the most highly qualified firms and their references. GENERAL INSTRUCTIONS Part I presents the qualifications for a specific contract. Part II presents the general qualifications of a firm or a specific branch office of a firm. Part II has two uses: 1. An A-E firm may submit Part II to the appropriate central, regional or local office of each Federal agency to be kept on file. A public announcement is not required for certain contracts, and agencies may use Part II as a basis for selecting at least three of the most highly qualified firms for discussions prior to requesting submission of Part I. Firms are encouraged to update Part II on file with agency offices, as appropriate, according to FAR Part 36. If a firm has branch offices, submit a separate Part II for each branch office seeking work. 2. Prepare a separate Part II for each firm that will be part of the team proposed for a specific contract and submitted with Part I. If a firm has branch offices, submit a separate Part II for each branch office that has a key role on the team. INDIVIDUAL AGENCY INSTRUCTIONS Individual agencies may supplement these instructions. For example, they may limit the number of projects or number of pages submitted in Part I in response to a public announcement for a particular project. Carefully comply with any agency instructions when preparing and submitting this form. Be as concise as possible and provide only the information requested by the agency. DEFINITIONS Architect-Engineer Services: Defined in FAR 2.101. Branch Office: A geographically distinct place of business or subsidiary office of a firm that has a key role on the team. Discipline: Primary technical capabilities of key personnel, as evidenced by academic degree, professional registration, certification, and/or extensive experience.
AUTHORIZED FOR LOCAL REPRODUCTION
STANDARD FORM 330 (6/2004) PAGE 1 OF INSTRUCTIONS
Firm: Defined in FAR 36.102. Key Personnel: Individuals who will have major contract responsibilities and/or provide unusual or unique expertise. SPECIFIC INSTRUCTIONS Part I - Contract-Specific Qualifications Section A. Contract Information. 1. Title and Location. Enter the title and location of the contract for which this form is being submitted, exactly as shown in the public announcement or agency request. 2. Public Notice Date. Enter the posted date of the agency's notice on the Federal Business Opportunity website (FedBizOpps), other form of public announcement or agency request for this contract. 3. Solicitation or Project Number. Enter the agency's solicitation number and/or project number, if applicable, exactly as shown in the public announcement or agency request for this contract. Section B. 4-8.
Architect-Engineer Point of Contact
Name, Title, Name of Firm, Telephone Number, Fax (Facsimile) Number and E-mail (Electronic Mail) Address. Provide information for a representative of the prime contractor or joint venture that the agency can contact for additional information.
Section C.
Proposed Team.
9-11. Firm Name, Address, and Role in This Contract. Provide the contractual relationship, name, full mailing address, and a brief description of the role of each firm that will be involved in performance of this contract. List the prime contractor or joint venture partners first. If a firm has branch offices, indicate each individual branch office that will have a key role on the team. The named subcontractors and outside associates or consultants must be used, and any change must be approved by the contracting officer. (See FAR Part 52 Clause "Subcontractors and Outside Associates and Consultants (Architect-Engineer Services)".) Attach an additional sheet in the same format as Section C if needed. Section D.
Organizational Chart of Proposed Team.
As an attachment after Section C, present an organizational chart of the proposed team showing the names and roles of all key personnel listed in Section E and the firm they are associated with as listed in Section C. Section E.
Resumes of Key Personnel Proposed for This Contract.
Complete this section for each key person who will participate in this contract. Group by firm, with personnel of the prime contractor or joint venture partner firms first. The following blocks must be completed for each resume: 12.
Name.
Self-explanatory.
13.
Role in This Contract.
Self-explanatory.
14. Years Experience. Total years of relevant experience (block 14a), and years of relevant experience with current firm, but not necessarily the same branch office (block 14b). 15. Firm Name and Location. Name, city and state of the firm where the person currently works, which must correspond with one of the firms (or branch office of a firm, if appropriate) listed in Section C.
STANDARD FORM 330 (6/2004) PAGE 2 OF INSTRUCTIONS
16. Education. specialization for each degree.
Provide information on the highest relevant academic degree(s) received. Indicate the area(s) of
17. Current Professional Registration. Provide information on current relevant professional registration(s) in a State or possession of the United States, Puerto Rico, or the District of Columbia according to FAR Part 36. 18. Other Professional Qualifications. Provide information on any other professional qualifications relating to this contract, such as education, professional registration, publications, organizational memberships, certifications, training, awards, and foreign language capabilities. 19. Relevant Projects. Provide information on up to five projects in which the person had a significant role that demonstrates the person's capability relevant to her/his proposed role in this contract. These projects do not necessarily have to be any of the projects presented in Section F for the project team if the person was not involved in any of those projects or the person worked on other projects that were more relevant than the team projects in Section F. Use the check box provided to indicate if the project was performed with any office of the current firm. If any of the professional services or construction projects are not complete, leave Year Completed blank and indicate the status in Brief Description and Specific Role (block (3)). Section F. Example Projects Which Best Illustrate Proposed Team's Qualifications for This Contract. Select projects where multiple team members worked together, if possible, that demonstrate the team's capability to perform work similar to that required for this contract. Complete one Section F for each project. Present ten projects, unless otherwise specified by the agency. Complete the following blocks for each project: 20.
Example Project Key Number. Start with "1" for the first project and number consecutively.
21. Title and Location. Title and location of project or contract. For an indefinite delivery contract, the location is the geographic scope of the contract. 22. Year Completed. Enter the year completed of the professional services (such as planning, engineering study, design, or surveying), and/or the year completed of construction, if applicable. If any of the professional services or the construction projects are not complete, leave Year Completed blank and indicate the status in Brief Description of Project and Relevance to This Contract (block 24). 23a. Project Owner. Project owner or user, such as a government agency or installation, an institution, a corporation or private individual. 23b. Point of Contact Name. Provide name of a person associated with the project owner or the organization which contracted for the professional services, who is very familiar with the project and the firm's (or firms') performance. 23c.
Point of Contract Telephone Number. Self-explanatory.
24. Brief Description of Project and Relevance to This Contract. Indicate scope, size, cost, principal elements and special features of the project. Discuss the relevance of the example project to this contract. Enter any other information requested by the agency for each example project. 25. Firms from Section C Involved with This Project. Indicate which firms (or branch offices, if appropriate) on the project team were involved in the example project, and their roles. List in the same order as Section C. Section G.
Key Personnel Participation in Example Projects.
This matrix is intended to graphically depict which key personnel identified in Section E worked on the example projects listed in Section F. Complete the following blocks (see example below).
STANDARD FORM 330 (6/2004) PAGE 3 OF INSTRUCTIONS
26. and 27. Names of Key Personnel and Role in This Contract. proposed roles in this contract in the same order as they appear in Section E.
List the names of the key personnel and their
28. Example Projects Listed in Section F. In the column under each project key number (see block 29) and for each key person, place an "X" under the project key number for participation in the same or similar role. 29. in Section F.
Example Projects Key.
List the key numbers and titles of the example projects in the same order as they appear
Section H. Additional Information. 30. Use this section to provide additional information specifically requested by the agency or to address selection criteria that are not covered by the information provided in Sections A-G. Section I.
Authorized Representative
31. and 32. Signature of Authorized Representative and Date. An authorized representative of a joint venture or the prime contractor must sign and date the completed form. Signing attests that the information provided is current and factual, and that all firms on the proposed team agree to work on the project. Joint ventures selected for negotiations must make available a statement of participation by a principal of each member of the joint venture. 33. Name and Title. Self-explanatory. ____________________________________________________________
SAMPLE ENTRIES FOR SECTION G (MATRIX) 26. NAMES OF KEY PERSONNEL (From Section E, Block 12)
27. ROLE IN THIS CONTRACT (From Section E, Block 13)
28. EXAMPLE PROJECTS LISTED IN SECTION F Fill in "Example Projects Key" section below before completing table. Place "X" under project key number for participation in same or similar role.
________________________________________________ 1 2 3
Jane A. Smith Joseph B. Williams Tara C. Donovan
Chief Architect Chief Mech. Engineer Chief Elec. Engineer
X X X
X X
29.
X X
4
5
6
7
8
9
10
X X
EXAMPLE PROJECTS KEY
NO.
TITLE OF EXAMPLE PROJECT (FROM SECTION F)
NO. TITLE OF EXAMPLE PROJECT (FROM SECTION F)
1 2
Federal Courthouse, Denver, CO Justin J. Wilson Federal Building, Baton Rouge, LA
6 7
XYZ Corporation Headquarters, Boston, MA Founder's Museum, Newport, RI
STANDARD FORM 330 (6/2004) PAGE 4 OF INSTRUCTIONS
Part II - General Qualifications See the "General Instructions" on page 1 for firms with branch offices. Prepare Part II for the specific branch office seeking work if the firm has branch offices. 1. Solicitation Number. If Part II is submitted for a specific contract, insert the agency's solicitation number and/or project number, if applicable, exactly as shown in the public announcement or agency request. 2a-2e.
Firm (or Branch Office) Name and Address. Self-explanatory.
3.
Year Established. Enter the year the firm (or branch office, if appropriate) was established under the current name.
4. DUNS Number. Insert the Data Universal Numbering System number issued by Dun and Bradstreet Information Services. Firms must have a DUNS number. See FAR Part 4.6. 5.
Ownership.
a. joint venture, etc.).
Type.
Enter the type of ownership or legal structure of the firm (sole proprietor, partnership, corporation,
b. Small Business Status. Refer to the North American Industry Classification System (NAICS) code in the public announcement, and indicate if the firm is a small business according to the current size standard for that NAICS code (for example, Engineering Services (part of NAICS 541330), Architectural Services (NAICS 541310), Surveying and Mapping Services (NAICS 541370)). The small business categories and the internet website for the NAICS codes appear in FAR Part 19. Contact the requesting agency for any questions. Contact your local U.S. Small Business Administration office for any questions regarding Business Status. 6a-6c. Point of Contact. Provide this information for a representative of the firm that the agency can contact for additional information. The representative must be empowered to speak on contractual and policy matters. 7.
Name of Firm.
Enter the name of the firm if Part II is prepared for a branch office.
8a-8c. Former Firm Names. Indicate any other previous names for the firm (or branch office) during the last six years. Insert the year that this corporate name change was effective and the associated DUNS Number. This information is used to review past performance on Federal contracts. 9. Employees by Discipline. Use the relevant disciplines and associated function codes shown at the end of these instructions and list in the same numerical order. After the listed disciplines, write in any additional disciplines and leave the function code blank. List no more than 20 disciplines. Group remaining employees under "Other Employees" in column b. Each person can be counted only once according to his/her primary function. If Part II is prepared for a firm (including all branch offices), enter the number of employees by disciplines in column c(1). If Part II is prepared for a branch office, enter the number of employees by discipline in column c(2) and for the firm in column c(1). 10. Profile of Firm's Experience and Annual Average Revenue for Last 5 Years. Complete this block for the firm or branch office for which this Part II is prepared. Enter the experience categories which most accurately reflect the firm's technical capabilities and project experience. Use the relevant experience categories and associated profile codes shown at the end of these instructions, and list in the same numerical order. After the listed experience categories, write in any unlisted relevant project experience categories and leave the profile codes blank. For each type of experience, enter the appropriate revenue index number to reflect the professional services revenues received annually (averaged over the last 5 years) by the firm or branch office for performing that type of work. A particular project may be identified with one experience category or it may be broken into components, as best reflects the capabilities and types of work performed by the firm. However, do not double count the revenues received on a particular project. 11. Annual Average Professional Services Revenues of Firm for Last 3 Years. Complete this block for the firm or branch office for which this Part II is prepared. Enter the appropriate revenue index numbers to reflect the professional services revenues received annually (averaged over the last 3 years) by the firm or branch office. Indicate Federal work (performed directly for the Federal Government, either as the prime contractor or subcontractor), non-Federal work (all other domestic and foreign work, including Federally-assisted projects), and the total. If the firm has been in existence for less than 3 years, see the definition for "Annual Receipts" under FAR 19.101. 12. Authorized Representative. An authorized representative of the firm or branch office must sign and date the completed form. Signing attests that the information provided is current and factual. Provide the name and title of the authorized representative who signed the form.
STANDARD FORM 330 (6/2004) PAGE 5 OF INSTRUCTIONS
List of Disciplines (Function Codes) _____________________________________________________________________________________ Code 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
Description
Code
Acoustical Engineer Administrative Aerial Photographer Aeronautical Engineer Archeologist Architect Biologist CADD Technician Cartographer Chemical Engineer Chemist Civil Engineer Communications Engineer Computer Programmer Construction Inspector Construction Manager Corrosion Engineer Cost Engineer/Estimator Ecologist Economist Electrical Engineer Electronics Engineer Environmental Engineer Environmental Scientist Fire Protection Engineer Forensic Engineer Foundation/Geotechnical Engineer Geodetic Surveyor Geographic Information System Specialist Geologist Health Facility Planner
32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62
Description Hydraulic Engineer Hydrographic Surveyor Hydrologist Industrial Engineer Industrial Hygienist Interior Designer Land Surveyor Landscape Architect Materials Engineer Materials Handling Engineer Mechanical Engineer Mining Engineer Oceanographer Photo Interpreter Photogrammetrist Planner: Urban/Regional Project Manager Remote Sensing Specialist Risk Assessor Safety/Occupational Health Engineer Sanitary Engineer Scheduler Security Specialist Soils Engineer Specifications Writer Structural Engineer Technician/Analyst Toxicologist Transportation Engineer Value Engineer Water Resources Engineer
STANDARD FORM 330 (6/2004) PAGE 6 OF INSTRUCTIONS
List of Experience Categories (Profile Codes) _____________________________________________________________________________________ Code A01 A02
Description
Code
A07 A08 A09 A10 A11 A12
Acoustics, Noise Abatement Aerial Photography; Airborne Data and Imagery Collection and Analysis Agricultural Development; Grain Storage; Farm Mechanization Air Pollution Control Airports; Navaids; Airport Lighting; Aircraft Fueling Airports; Terminals and Hangars; Freight Handling Arctic Facilities Animal Facilities Anti-Terrorism/Force Protection Asbestos Abatement Auditoriums and Theaters Automation; Controls; Instrumentation
B01 B02
Barracks; Dormitories Bridges
C01 C02 C03 C04 C05 C06 C07 C08 C09
Cartography Cemeteries (Planning and Relocation) Charting; Nautical and Aeronautical Chemical Processing and Storage Child Care/Development Facilities Churches; Chapels Coastal Engineering Codes; Standards; Ordinances Cold Storage; Refrigeration and Fast Freeze Commercial Building (Low Rise); Shopping Centers Community Facilities Communications Systems; TV; Microwave Computer Facilities; Computer Service Conservation and Resource Management Construction Management Construction Surveying Corrosion Control; Cathodic Protection Electrolysis Cost Estimating; Cost Engineering and Analysis; Parametric Costing; Forecasting Cryogenic Facilities
A03 A04 A05 A06
C10 C11 C12 C13 C14 C15 C16 C17 C18
C19
D01 D02 D03 D04 D05 D06 D07 D08 E01
Description Dams (Concrete; Arch) Dams (Earth; Rock); Dikes; Levees Desalinization (Process and Facilities) Design-Build - Preparation of Requests for Proposals Digital Elevation and Terrain Model Development Digital Orthophotography Dining Halls; Clubs; Restaurants Dredging Studies and Design
E11 E12 E13
Ecological and Archeological Investigations Educational Facilities; Classrooms Electrical Studies and Design Electronics Elevators; Escalators; People-Movers Embassies and Chanceries Energy Conservation; New Energy Sources Engineering Economics Environmental Impact Studies, Assessments or Statements Environmental and natural Resource Mapping Environmental Planning Environmental Remediation Environmental Testing and Analysis
F01 F02 F03 F04 F05 F06
Fallout Shelters; Blast-Resistant Design Field Houses; Gyms; Stadiums Fire Protection Fisheries; Fish Ladders Forensic Engineering Forestry and Forest Products
G01
Garages; Vehicles Maintenance Facilities; Parking Decks Gas Systems (Propane; Natural, Etc.) Geodetic Surveying: Ground and Airborne Geographic Information System Services: Development, Analysis, and Data Collection
E02 E03 E04 E05 E06 E07 E08 E09 E10
G02 G03 G04
STANDARD FORM 330 (6/2004) PAGE 7 OF INSTRUCTIONS
Code G05
G06 H01 H02 H03 H04 H05 H06 H07 H08 H09 H10 H11 H12 H13 I01
Description
Code
Geospatial Data Conversion: Scanning, Digitizing, Compilation, Attributing, Scribing, Drafting Graphic Design Harbors; Jetties; Piers, Ship Terminal Facilities Hazardous Materials Handling and Storage Hazardous, Toxic, Radioactive Waste Remediation Heating; Ventilating; Air Conditioning Health Systems Planning High-rise; Air-Rights-Type Buildings Highways; Streets; Airfield Paving; Parking Lots Historical Preservation Hospital and Medical Facilities Hotels; Motels Housing (Residential, Multi-Family; Apartments; Condominiums) Hydraulics and Pneumatics Hydrographic Surveying
I03 I04 I05 I06
Industrial Buildings; Manufacturing Plants Industrial Processes; Quality Control Industrial Waste Treatment Intelligent Transportation Systems Interior Design; Space Planning Irrigation; Drainage
J01
Judicial and Courtroom Facilities
L01
Laboratories; Medical Research Facilities Land Surveying Landscape Architecture Libraries; Museums; Galleries Lighting (Interior; Display; Theater, Etc.) Lighting (Exteriors; Streets; Memorials; Athletic Fields, Etc.)
I02
M08
Modular systems Design; Pre-Fabricated Structures or Components
N01
Naval Architecture; Off-Shore Platforms Navigation Structures; Locks Nuclear Facilities; Nuclear Shielding
N02 N03
O01 O02 O03
P01 P02 P03 P04 P05 P06 P07 P08 P09 P10 P11 P12 P13 R01 R02
L02 L03 L04 L05 L06
M01 M02 M03 M04 M05 M06 M07
Mapping Location/Addressing Systems Materials Handling Systems; Conveyors; Sorters Metallurgy Microclimatology; Tropical Engineering Military Design Standards Mining and Mineralogy Missile Facilities (Silos; Fuels; Transport)
Description
R03 R04 R05 R06 R07 R08 R09 R10 R11 R12 S01 S02 S03
Office Buildings; Industrial Parks Oceanographic Engineering Ordnance; Munitions; Special Weapons
Petroleum Exploration; Refining Petroleum and Fuel (Storage and Distribution) Photogrammetry Pipelines (Cross-Country - Liquid and Gas) Planning (Community, Regional, Areawide and State) Planning (Site, Installation and Project) Plumbing and Piping Design Prisons and Correctional Facilities Product, Machine Equipment Design Pneumatic Structures, Air-Support Buildings Postal Facilities Power Generation, Transmission, Distribution Public Safety Facilities Radar; Sonar; Radio and Radar Telescopes Radio Frequency Systems and Shieldings Railroad; Rapid Transit Recreation Facilities (Parks, Marinas, Etc.) Refrigeration Plants/Systems Rehabilitation (Buildings; Structures; Facilities Remote Sensing Research Facilities Resources Recovery; Recycling Risk Analysis Rivers; Canals; Waterways; Flood Control Roofing Safety Engineering; Accident Studies; OSHA Studies Security Systems; Intruder and Smoke Detection Seismic Designs and Studies
STANDARD FORM 330 (6/2004) PAGE 8 OF INSTRUCTIONS
Code S04 S05 S06 S07 S08 S09 S10 S11 S12 S13 T01 T02 T03 T04 T05 T06 U01 U02
Description Sewage Collection, Treatment and Disposal Soils and Geologic Studies; Foundations Solar Energy Utilization Solid Wastes; Incineration; Landfill Special Environments; Clean Rooms, Etc. Structural Design; Special Structures Surveying; Platting; Mapping; Flood Plain Studies Sustainable Design Swimming Pools Storm Water Handling and Facilities Telephone Systems (Rural; Mobile; Intercom, Etc.) Testing and Inspection Services Traffic and Transportation Engineering Topographic Surveying and Mapping Towers (Self-Supporting and Guyed Systems) Tunnels and Subways
U03
Unexploded Ordnance Remediation Urban renewals; Community Development Utilities (Gas and Steam)
V01
Value Analysis; Life-Cycle Costing
W01 W02
Warehouse and Depots Water Resources; Hydrology; Ground Water Water Supply; Treatment and Distribution Wind Tunnels; Research/Testing Facilities Design
W03 W04
Z01
Zoning; Land Use Studies
STANDARD FORM 330 (6/2004) PAGE 9 OF INSTRUCTIONS
ARCHITECT - ENGINEER QUALIFICATIONS ___________________________________________________________________ PART I - CONTRACT-SPECIFIC QUALIFICATIONS A. 1.
TITLE AND LOCATION (City and State):
2.
PUBLIC NOTICE DATE:
CONTRACT INFORMATION
3. SOLICITATION OR PROJECT NUMBER: _____________________________________________________________________________________________________________________
B. 4.
NAME AND TITLE:
5.
NAME OF FIRM:
6.
TLEPHONE NUMBER:
7.
FAX NUMBER:
ARCHITECT-ENGINEER POINT OF CONTACT
8. E-MAIL ADDRESS: _____________________________________________________________________________________________________________________
C. PROPOSED TEAM (Complete this section for the prime contractor and all key subcontractors.) _____________________________________________________________________________________________________________________ 9a. PRIME (CHECK HERE): 9a.
JOINT-VENTURE PARTNER (CHECK HERE):
9a.
SUBCONTRACTOR (CHECK HERE):
9a.
FIRM NAME:
9a.
IF BRANCH OFFICE CHECK HERE:
10a.
ADDRESS
11a. ROLE IN THIS CONTRACT _____________________________________________________________________________________________________________________ 9b. PRIME (CHECK HERE): 9b.
JOINT-VENTURE PARTNER (CHECK HERE):
9b.
SUBCONTRACTOR (CHECK HERE):
9b.
FIRM NAME:
9b.
IF BRANCH OFFICE CHECK HERE:
10b.
ADDRESS
11b. ROLE IN THIS CONTRACT _____________________________________________________________________________________________________________________
STANDARD FORM 330 (6/2004) PAGE 1
9c.
PRIME (CHECK HERE):
9c.
JOINT-VENTURE PARTNER (CHECK HERE):
9c.
SUBCONTRACTOR (CHECK HERE):
9c.
FIRM NAME:
9c.
IF BRANCH OFFICE CHECK HERE:
10c.
ADDRESS
11c. ROLE IN THIS CONTRACT _____________________________________________________________________________________________________________________ 9d. PRIME (CHECK HERE): 9d.
JOINT-VENTURE PARTNER (CHECK HERE):
9d.
SUBCONTRACTOR (CHECK HERE):
9d.
FIRM NAME:
9d.
IF BRANCH OFFICE CHECK HERE:
10d.
ADDRESS
11d. ROLE IN THIS CONTRACT _____________________________________________________________________________________________________________________ 9e. PRIME (CHECK HERE): 9e.
JOINT-VENTURE PARTNER (CHECK HERE):
9e.
SUBCONTRACTOR (CHECK HERE):
9e.
FIRM NAME:
9e.
IF BRANCH OFFICE CHECK HERE:
10e.
ADDRESS
11e. ROLE IN THIS CONTRACT _____________________________________________________________________________________________________________________ 9f. PRIME (CHECK HERE): 9f.
JOINT-VENTURE PARTNER (CHECK HERE):
9f.
SUBCONTRACTOR (CHECK HERE):
9f.
FIRM NAME:
9f.
IF BRANCH OFFICE CHECK HERE:
10f.
ADDRESS
11f. ROLE IN THIS CONTRACT _____________________________________________________________________________________________________________________
D. ORGANIZATIONAL CHART OF PROPOSED TEAM (Attached; check here) _____________________________________________________________________________________________________________________
STANDARD FORM 330 (6/2004) PAGE 2
E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12.
NAME:
13.
ROLE IN THIS CONTRACT:
14a.
YEARS EXPERIENCE - TOTAL:
14b.
YEARS EXPERIENCE - WITH CURRENT FIRM:
15. FIRM NAME AND LOCATION (City and State): 16. EDUCATION (DEGREE AND SPECIALIZATION): 17. CURRENT PROFESSIONAL REGISTRATION (STATE AND DISCIPLINE): 18. OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.): _____________________________________________________________________________________________________________________ 19a(1) RELEVANT PROJECT - TITLE AND LOCATION (City and State): 19a(2)
RELEVANT PROJECT - YEAR COMPLETED - PROFESSIONAL SERVICES:
19a(2)
RELEVANT PROJECT - YEAR COMPLETED - CONSTRUCTION (If applicable):
19a(3)
RELEVANT PROJECT - BRIEF DESCRIPTION (Brief scope, size, cost etc.) AND SPECIFIC ROLE:
19a(3) RELEVANT PROJECT - BRIEF DESCRIPTION - Check here if project performed with current firm: _____________________________________________________________________________________________________________________ 19b(1) RELEVANT PROJECT - TITLE AND LOCATION (City and State): 19b(2)
RELEVANT PROJECT - YEAR COMPLETED - PROFESSIONAL SERVICES:
19b(2)
RELEVANT PROJECT - YEAR COMPLETED - CONSTRUCTION (If applicable):
19b(3)
RELEVANT PROJECT - BRIEF DESCRIPTION (Brief scope, size, cost etc.) AND SPECIFIC ROLE:
19b(3) RELEVANT PROJECT - BRIEF DESCRIPTION - Check here if project performed with current firm: _____________________________________________________________________________________________________________________ 19c(1) RELEVANT PROJECT - TITLE AND LOCATION (City and State): 19c(2)
RELEVANT PROJECT - YEAR COMPLETED - PROFESSIONAL SERVICES:
19c(2)
RELEVANT PROJECT - YEAR COMPLETED - CONSTRUCTION (If applicable):
19c(3)
RELEVANT PROJECT - BRIEF DESCRIPTION (Brief scope, size, cost etc.) AND SPECIFIC ROLE:
19c(3) RELEVANT PROJECT - BRIEF DESCRIPTION - Check here if project performed with current firm: _____________________________________________________________________________________________________________________ 19d(1) RELEVANT PROJECT - TITLE AND LOCATION (City and State): 19d(2)
RELEVANT PROJECT - YEAR COMPLETED - PROFESSIONAL SERVICES:
19d(2)
RELEVANT PROJECT - YEAR COMPLETED - CONSTRUCTION (If applicable):
19d(3)
RELEVANT PROJECT - BRIEF DESCRIPTION (Brief scope, size, cost etc.) AND SPECIFIC ROLE:
19d(3) RELEVANT PROJECT - BRIEF DESCRIPTION - Check here if project performed with current firm: _____________________________________________________________________________________________________________________ 19e(1) RELEVANT PROJECT - TITLE AND LOCATION (City and State): 19e(2)
RELEVANT PROJECT - YEAR COMPLETED - PROFESSIONAL SERVICES:
19e(2)
RELEVANT PROJECT - YEAR COMPLETED - CONSTRUCTION (If applicable):
19e(3)
RELEVANT PROJECT - BRIEF DESCRIPTION (Brief scope, size, cost etc.) AND SPECIFIC ROLE:
19e(3) RELEVANT PROJECT - BRIEF DESCRIPTION - Check here if project performed with current firm: _____________________________________________________________________________________________________________________
STANDARD FORM 330 (6/2004) PAGE 3
F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S QUALIFICATIONS FOR THIS CONTRACT (Present as many projects as requested by the agency, or 10 projects, if not specified. Complete one Section F for each project.) _____________________________________________________________________________________________________________________ D. EXAMPLE PROJECT KEY NUMBER: E.
TITLE AND LOCATION (City and State):
F.
YEAR COMPLETED - PROFESSIONAL SERVICES:
G.
YEAR COMPLETED - CONSTRUCTION (If applicable):
23a.
PROJECT OWNER'S INFORMATION - PROJECT OWNER:
23b.
PROJECT OWNER'S INFORMATION - POINT OF CONTACT NAME:
23c.
PROJECT OWNER'S INFORMATION - POINT OF CONTACT TELEPHONE NUMBER:
24. BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost): 25. FIRMS FROM SECTION INVOLVED WITH THIS PROJECT (1) FIRM NAME
(2) FIRM LOCATION (City and State)
(3) ROLE
STANDARD FORM 330 (6/2004) PAGE 4
G. KEY PERSONNEL PARTICIPATION IN EXAMPLE PROJECTS 26. NAMES OF KEY PERSONNEL (From Section E, Block 12)
28. EXAMPLE PROJECTS LISTED IN SECTION F (Fill in “Example Projects Key” section below before completing table. Place “X” under project key number for participation in same or similar role.) 1 2 3 4 5 6 7 8 9 10
27. ROLE IN THIS CONTRACT (From Section E, Block 13)
29. EXAMPLE PROJECTS KEY NO.
TITLE OF EXAMPLE PROJECT (FROM SECTION F)
NO.
1
6
2
7
3
8
4
9
5
10
TITLE OF EXAMPLE PROJECT (FROM SECTION F)
STANDARD FORM 330 (6/2004) PAGE 5
H. ADDITIONAL INFORMATION ________________________________________________________________________________________________________ 29.
PROVIDE ANY ADDITIONAL INFORMATION REQUESTED BY THE AGENCY. ATTACH ADDITIONAL SHEETS AS NEEDED: _____________________________________________________________________________________________________________________
9. 30.
SIGNATURE OF AUTHORIZED REPRESENTATIVE:
31.
DATE SIGNED:
32.
NAME AND TITLE OF SIGNER:
AUTHORIZED REPRESENTATIVE The foregoing is a statement of facts.
STANDARD FORM 330 (6/2004) PAGE 6
ARCHITECT-ENGINEER QUALIFICATIONS ___________________________________________________________________ PART II - GENERAL QUALIFICATIONS (If a firm has branch offices, complete for each specific branch office seeking work.) _____________________________________________________________________________________________________________________ 1. SOLICITATION NUMBER (If any): 2a.
FIRM (OR BRANCH OFFICE) NAME:
2b.
FIRM (OR BRANCH OFFICE) STREET:
2c.
FIRM (OR BRANCH OFFICE) CITY:
2d.
FIRM (OR BRANCH OFFICE) STATE:
2e.
FIRM (OR BRANCH OFFICE) ZIP CODE:
3.
YEAR ESTABLISHED:
4.
DUNS NUMBER:
5a.
OWNERSHIP - TYPE:
5b.
OWNERSHIP - SMALL BUSINESS STATUS:
6a.
POINT OF CONTACT NAME AND TITLE:
6b.
POINT OF CONTACT TELEPHONE NUMBER:
6c.
POINT OF CONTACT E-MAIL ADDRESS:
7.
NAME OF FIRM (If block 2a is a branch office):
8a. FORMER FIRM NAME(S) (If any)
8b. YR. ESTABLISHED 8c. DUNS NUMBER
STANDARD FORM 330 (6/2004) PAGE 7
9. a. Function Code b. Discipline
EMPLOYEES BY DISCIPLINE c(1). No. of Employees c(2). No. of - Firm Employees - Branch
Other Employee
STANDARD FORM 330 (6/2004) PAGE 8
10.
PROFILE OF FIRM'S EXPERIENCE AND ANNUAL AVERAGE REVENUE FOR LAST 5 YEARS
a. Profile Code
b. Experience
c. Revenue Index
PROFESSIONAL SERVICES REVENUE INDEX NUMBER 1. Less than $100,000 6. $2 million to less than $5 million 2. $100,000 to less than $250,000 7. $5 million to less than $10 million 3. $250,000 to less than $500,00 8. $10 million to less than $25 million 4. $500,000 to less than $1 million 9. $25 million to less than $50 million 5. $1 million to less than $2 million 10. $50 million or greater ________________________________________________________________________________________________________ 11. ANNUAL AVERAGE PROFESSIONAL SERVICES REVENUES OF FIRM FOR LAST 3 YEARS (Insert revenue index number shown above) 11a.
Federal Work:
11b.
Non-Federal Work:
11c. Total Work: ________________________________________________________________________________________________________ 12. AUTHORIZED REPRESENTATIVE. The foregoing is a statement of facts. 12a.
SIGNATURE:
12b.
DATE SIGNED:
STANDARD FORM 330 (6/2004) PAGE 9
APPENDIX D INSURANCE REQUIREMENTS Insurance. Unless otherwise approved by the City’s Risk Management Division in writing, the successful respondent (hereinafter “Provider”) shall, at its sole cost and expense, procure and maintain, or cause to be procured and maintained, in full force and effect, the types and minimum limits of insurance specified below, covering Provider’s performance of the Services and the delivery of the Materials. Provider shall procure, or cause to be procured, all insurance from reputable insurers admitted to do business on a direct basis in the Commonwealth of Pennsylvania or otherwise acceptable to the City. All insurance herein, except Professional Liability insurance, shall be written on an “occurrence” basis and not a “claims-made” basis. In no event shall Provider perform any Services or other work until Provider has delivered or caused to be delivered to the City’s Risk Management Division the required evidence of insurance coverages. All insurance coverages shall provide for at least thirty (30) days prior written notice to be given to the City in the event coverage is materially changed, cancelled, or non-renewed. The City, its officers, employees, and agents, shall be named as additional insureds on the General Liability and Umbrella Liability Insurance policies. Provider shall also deliver or cause to be delivered to the City an endorsement stating that the coverage afforded the City and its officers, employees, and agents, as additional insureds, will be primary to any other coverage available to them and that no act or omission of the City, its officers, employees or agents shall invalidate the coverage. (a)
(b)
Workers’ Compensation and Employers’ Liability. (1)
Workers’ Compensation: Statutory Limits
(2)
Employers’ Liability: $100,000 Each Accident - Bodily Injury by Accident; $100,000 Each Employee - Bodily Injury by Disease; and $500,000 Policy Limit - Bodily Injury by Disease.
(3)
Other states’ insurance including Pennsylvania.
General Liability Insurance. (1)
Limit of Liability: $1,000,000 per occurrence combined single limit for bodily injury (including death) and property damage liability; $1,000,000 advertising injury; $2,000,000 general aggregate and $1,000,000 aggregate for products and completed operations. The City may require higher limits of liability if, in the City’s sole discretion, the potential risk warrants.
(2)
Coverage: Premises operations; blanket contractual liability; personal injury liability; products and completed operations;
independent contractors, employees and volunteers as additional insureds; cross liability; and broad form property damage (including completed operations). (c)
(d)
Automobile Liability Insurance. (1)
Limit of Liability: $1,000,000 per occurrence combined single limit for bodily injury (including death) and property damage liability.
(2)
Such requirement shall be $5,000,000 per occurrence for vehicles with access to the airfield.
(3)
Coverage: Owned, non-owned, and hired vehicles.
Umbrella Liability Insurance. Limit of Liability totaling $5,000,000 per occurrence when combined with insurance required under (a), (b) and (c) above.
(e)
Professional Liability Insurance. (1)
Limit of Liability: $2,000,000 with a deductible not to exceed $100,000.
(2)
Coverage: Errors and omissions including liability assumed under Contract.
(3)
Professional Liability Insurance may be written on a claims-made basis provided that coverage for occurrences happening during the performance of the Services required under this Contract shall be maintained in full force and effect under the policy or “tail” coverage for a period of at least two (2) years after completion of the Services.
Self-Insurance. Provider may not self-insure any of the coverages required under the Contract without the prior written approval of the Responsible Official and the City’s Risk Manager. In the event that Provider wants to self-insure any of the coverages listed above, it shall submit to the Responsible Official and the City’s Risk Management Divsion, prior to Provider’s commencement of Services or delivery of any Material hereunder, a certified copy of Provider’s most recent audited financial statement, and such other evidence of its qualifications to act as self-insurer (e.g. state approval) as may be requested by the Responsible Official or the City’s Risk Manager. In the event the City grants such approval, Provider understands and agrees that the City, its officers, employees and agents shall be entitled to receive the same coverages and benefits under Provider’s self-insurance program that they would have received
had the insurance requirements set forth above been satisfied by a reputable insurer admitted and duly authorized to do business in the Commonwealth of Pennsylvania or otherwise acceptable to the City. If at the time of commencement of the Term of the Contract, Provider self-insures its professional liability or workers’ compensation and employers’ liability coverage, Provider may, in lieu of the foregoing, furnish to the City a current copy of the state certification form for selfinsurance or a current copy of the State Insurance Commissioner’s letter of approval, whichever is appropriate. The insurance (including self-insurance) requirements set forth herein are not intended and shall not be construed to modify, limit or reduce the indemnifications made in the Contract by Provider to the City, or to limit Provider’s liability under the Contract to the limits of the policies of insurance (or self-insurance) required to be maintained by Provider hereunder.
Evidence of Insurance Coverage. Certificates of insurance evidencing the required coverages must specifically reference the City contract number for which they are being submitted. The original certificate of insurance must be submitted to the City’s Risk Manager at the following address: City of Philadelphia Finance Department Division of Risk Management 1515 Arch Street, 14th Floor Philadelphia, PA 19102-1579 (Fax No.: 215-683-1718). A copy of the certificates of insurance shall be submitted to the Responsible Official at the address of the Department set forth in the Notice Section of the Provider Agreement. Both submissions must be made at least ten (10) days before work is begun and at least ten (10) days before each Additional Term. The City, in its sole discretion, may waive the ten (10) day requirement for advance documentation of coverage in situations where such waiver will benefit the City, but under no circumstances shall Provider actually begin work (or continue work, in the case of an Additional Term) without providing the required evidence of insurance. The actual endorsement adding the City as an additional insured must specifically reference the City contract number and be submitted to the City’s Risk Management Division at the above address. The City reserves the right to require Provider to furnish certified copies of the original policies of all insurance required under this Contract at any time upon ten (10) days written notice to Provider.
APPENDIX F AIRPORT ALLOWABLE EXPENSES TRAVEL All travel must be pre-approved by the Division of Aviation. LODGING AND PER DIEM The contractor maximum reimbursement for lodging (excluding taxes) and per diem expenses will be based on the U.S. General Services Administration (GSA) rates in effect at the time of travel for the Philadelphia, Pennsylvania area. The contractor shall submit the lodging bills for reimbursement with the monthly invoices. In addition, the contractor shall submit the requested amount of reimbursement for per diem based on the number of days in the trip. Please note that only 75% of the per diem rate will be reimbursed for the first and last day of the trip. AIRFARE All necessary airfare will be reimbursed with prior authorization and should be booked as far in advance of the trip as possible. Travelers are expected to book the lowest logical airfare available. Reimbursements will not be made for any upgrades from the coach/economy class airfares. MILEAGE Reimbursement for mileage will be provided at the current IRS approved rate for all necessary travel in excess of 50 miles total per day. Normal commuting travel between the employees home and their regular working location (i.e. the Airport) is not reimbursable. For example: if an employee’s normal work location is the Airport, they will not be eligible for a mileage reimbursement for their daily commute. But, if an employee who normally works at the employer’s home office attends a meeting at the Airport and the total roundtrip commute is 80 miles, that employee will be eligible to be reimbursed for the excess 30 miles (80 – 50 = 30). In addition, if an employee, who normally works at the Airport, has to travel on Airport business to Harrisburg and the total roundtrip is 100 miles, that employee will be eligible to be reimbursed for the excess 50 miles (100 – 50 = 50). VEHICLES If the Airport determines that the contractor needs a rental/leased vehicle on-site to perform the work assignment and approves the vehicle, a monthly limit of $450.00 for the vehicle rental/lease, taxes, and insurance will be allowed in addition to reimbursement for gasoline. PHONES / FAX Contractors will not be reimbursed for cellular phone service, unless it is determined and approved by the Airport that cellular phone service is necessary for a particular work assignment. If it is determined that cellular phone service is required for a work assignment, the contractor will be limited to a reimbursement of $60.00 a month per cellular phone. All Home Office phone and fax usage shall only be reimbursable if it is not included in the overhead rate computation.
ENTERTAINMENT Contractors will not be reimbursed for any expenses related to entertainment, such as holiday parties, employee birthday parties, retirement parties, sporting event tickets, etc. LABOR RATE FOR SALARIED EMPLOYEES Salaried employees will be paid a maximum of forty (40) hours a week for DOA projects. A timesheet, signed by both the employee and their supervisor, listing all of the contracts the employee worked on during that time period shall be submitted with the monthly invoices. If a salaried employee works over forty (40) hours a week on a combination of DOA and other client projects, the DOA will pay a proportionate amount of the total hours for that week. For example, if an employee worked a total of fifty (50) hours in a week and forty (40) hours were spent performing DOA work and the other ten (10) hours were performing another client’s work, the DOA would pay the consultant for thirty-two (32) hours of work. (40/50 x 40 = 32). PRINTING/COPYING Printing/Copying, which is incidental to normal correspondence, shall only be reimbursable if it is not included in the consultant’s overhead rate computation. Mass printing and copying, which is contracted to a third party, will be reimbursed at the invoiced cost. Inhouse plotting and copying (i.e. draft documents) shall be limited to the following billable rates: Black & White copies (8 ½ x 11) – $0.10 each Color copies (8 ½ x 11) – $1.90 each (under 100 sheets), $1.05 each (over 100 sheets) Color copies (11 x 17) – $2.45 each (under 100 sheets), $1.90 each (over 100 sheets) Drawing Plots/Copies (22 x 34) – $2.00 each (black & white)
APPENDIX G
PHILADELPHIA INTERNATIONAL AIRPORT INSTRUCTIONS FOR COMPLETING INVOICE SUMMARY FORM I.
USE OF AUTHORIZED FORMS
Use this authorized Invoice Summary Form (ISF) to file invoices with Philadelphia International Airport (PHL). Do not change or amend this approved form in any manner, except to add more rows for additional subcontractors if required. The ISF is available on PHL’s website at: www.phl.org/Business/Reports or in hard copy from the Accounts Payable Department. Note that all contractors and subcontractors are to be listed on the ISF. To facilitate accuracy in reporting, it is recommended that DBE and M/W/DSBE subcontractors be listed first. II.
REPORT ALL M/W/DSBEs EVERY MONTH
Every M/W/DSBE firm whose contract is counted toward achievement of the participation requirement must appear on the ISF every month. If there is no invoice activity for a M/W/DSBE in any given month, enter "0" in the column, "Amount this Invoice". Note that all other information that is entered must be current and correct. III.
TOP PORTION OF INVOICE ATTACHMENT FORM
A. Name of Prime Contractor Enter name of Prime Contractor. B. Type of Contract Services Enter brief description of type of work being performed. C. Original Contract Amount Enter the original amount of the Prime's Contract. D. Total Current Contract Enter the current total contract limit, including original and any amendments to the Prime’s Contract. E. Invoice Period Enter the start and end dates for the services being reported, i.e. 01/01/2012 to 01/31/2012. F. Contract # Enter the contract number. G. Encumbrance # Enter the encumbrance number assigned, if applicable. H. Payments Received Enter the sum total of payments received as of the date of the report.
Philadelphia International Airport Instructions for Completing the Invoice Attachment Form
I.
Retainage Withheld For Public Works contracts, enter the amount of retainage withheld. All other contracts or if none for Public Works, enter 0.
J. Date Submitted Enter the date the report is submitted. IV.
LEDGER PORTION
A. Name, Location & Description of Work For all subcontractors (DBE, M/W/DSBE, and Non-DBE subcontractors), enter the subcontractor's name, location (city, state and zip code) and brief description of work. B. Percentage Committed Per Contract For all DBE and M/W/DSBE subcontractors, list the percentage committed to each as per your Solicitation and Commitment (S&C) form submitted by your firm in response to the original Request for Proposal. If the subcontractor does not meet the requirements stated above to be classified as a DBE or M/W/DSBE, the percentage entered in this column must be "0". C. Classification of Subcontractor(s) Only those subcontractors who meet the DBE or M/W/DSBE eligibility requirements may be classified as such on the ISF. Assign classifications as follows: 1. DBE Place an "X" in this column only if the subcontractor is a federally certified DBE. 2. MBE Place an "X" in this column if the subcontractor is also a minority-owned company listed in the registry with the Office of Economic Opportunity (OEO). Thus, a subcontractor can be classified as both DBE and MBE, or, just MBE. 3. WBE Place an "X" in this column if the subcontractor is a woman-owned company listed in the registry with the Office of Economic Opportunity (OEO). Thus, a subcontractor can be classified as both DBE and WBE, or just WBE. 4. DSBE – Place an an "X" in this column if the subcontractor is a disabled-owned company listed in the registry with the Office of Economic Opportunity (OEO). Thus, a subcontractor can be classified as both DBE and WBE, or just WBE. D. Current Total Subcontract Amount Enter the current total subcontract amount as indicated and committed in the contract. E. Total Payments to Date Enter the sum of payments that have been made to the subcontractor and prime, as of the date of the report. Note that this column should not contain diminishing amounts, i.e., a succeeding month's entry lower than the preceding month's entry. If this occurs, PHL may request an examination of additional records to verify the correct amount.
Updated 1/28/2013
Page 2
Philadelphia International Airport Instructions for Completing the Invoice Attachment Form
F. Amount of This Invoice Enter each subcontractor's amount, DBE and non-DBE. Enter the amount of this invoice for the Prime consultant in “Prime Contractor Total” section. These columns will automatically calculate the amounts of this invoice being submitted with this report. G. Percentage Amount Complete This cell will update automatically: Sum of Total Payments to Date plus Amount this Invoice, divided by Current Total Subcontract Amount. This percentage should equal the progress of that subcontractor's work. H. Totals 1. SUBCONTRACTOR TOTALS – This section will automatically calculate the following totals: a. Percentage committed for DBE’s only. b. Total current “committed” contract dollar amount c. Total payments to date for “all” subcontractors d. Amount of this invoice for “all” subcontractors and prime for all data reported (DBE and Non-DBE). 2. PRIME CONTRACTOR TOTAL – “Enter” the total amount “paid to date” and the total “amount of this invoice” attributed to work performed by prime contractor. 3. TOTAL THIS INVOICE – This cell will automatically calculate the total sum of all subcontractors and prime contractor amounts for this invoice. This amount must match the “actual” invoice.
All questions regarding these instructions can be addressed to:
[email protected].
Updated 1/28/2013
Page 3
PHILADELPHIA INTERNATIONAL AIRPORT INVOICE SUMMARY FORM Name of Prime Contractor
Contract #
Type of Contract Services
Encumbrance #
Original Contract Amount
Payments Received
Current Contract Amount Invoice Period
NAME OF SUBCONTRACTOR (ALL subcontractors: Both DBE and non-DBE)
(Public Works only)
Retainage Withheld From
Through
BUSINESS ADDRESS
#
(If applicable)
DESCRIPTION OF WORK
% Committed per Contract (for DBE or M/W/ DSBE only)
(CITY, STATE, ZIP)
Date Submitted Place 'X' in each Category that qualifies * D B E
M B E
W B E
MONTHLY CONTRACT INFORMATION
TOTAL CURRENT SUBCONTRACT AMOUNT
D S B E
TOTAL PAYMENTS TO DATE
AMOUNT THIS INVOICE
% C O M P L E T E
1
$
-
$
-
$
-
#####
2
$
-
$
-
$
-
#####
3
$
-
$
-
$
-
#####
4
$
-
$
-
$
-
#####
5
$
-
$
-
$
-
#####
6
$
-
$
-
$
-
#####
7
$
-
$
-
$
-
#####
8
$
-
$
-
$
-
#####
9
$
-
$
-
$
-
#####
10
$
-
$
-
$
-
#####
$
-
$
-
$
-
$
-
$
-
$
-
$
-
SUBCONTRACTOR TOTALS
0.00%
PRIME CONTRACTOR TOTAL TOTAL THIS INVOICE
* PUT AN "X" IN THIS COLUMN ONLY IF SUBCONTRACTOR IS A FEDERALLY CERTIFIED DBE.
I certify that the information furnished above is correct to the best of my knowledge and represents the current status of the firm's (Prime Contractor) subcontract(s) with the listed firms (Subcontractors) for the designated period covered by this report. Signed:
Title:
Date:
This form must be attached to all invoices submitted by the Prime Contractor. 07/2012
Opportunity: MAKE-UP OF PROPOSED TEAM
PRIME INFORMATION (company address etc)
CONTACT INFORMATION (email, phone etc)
DBE/PAUCP
COMMITTED % DBE PARTICIPATION
CONTACT INFORMATION SUBCONSULTANT
DBE/PAUCP % PER CONSULTANT
