Ancillary Equipment for Aircraft Rescue and Fire Fighting Vehicle

Department of Buildings and General Services Agency of Administration Office of Purchasing & Contracting 133 State Street, 5th Floor | Montpelier VT 05633-8000 802-828-2211 phone |802-828-2222 fax http://bgs.vermont.gov/purchasing SEALED BID REQUEST FOR PROPOSAL Ancillary Equipment for Aircraft Rescue and Fire Fighting Vehicle ISSUE DATE QUESTIONS DUE RFP RESPONSES DUE BY March 7, 2024 March 25, 2024 – 4:30 PM EST April 22, 2024 – 4:30 PM EST PLEASE BE ADVISED THAT ALL NOTIFICATIONS, RELEASES, AND ADDENDUMS ASSOCIATED WITH THIS SOLICITATION WILL BE POSTED AT: http://www.bgs.state.vt.us/pca/bids/bids.php THE STATE WILL MAKE NO ATTEMPT TO CONTACT INTERESTED PARTIES WITH UPDATED INFORMATION. IT IS THE RESPONSIBILITY OF EACH BIDDER TO PERIODICALLY CHECK THE ABOVE WEBPAGEFOR ANY AND ALL NOTIFICATIONS, RELEASES AND

ADDENDUMS ASSOCIATED WITH THIS SOLICITATION. STATE CONTACT: Kyle Emerson, State Purchasing Agent II E-MAIL: kyle.emerson@vermont.gov USE SUBJECT: ANCILLARY EQUIPMENT FOR ARFF http://bgs.vermont.gov/purchasing http://www.bgs.state.vt.us/pca/bids/bids.php mailto:kyle.emerson@vermont.gov Revised April 19, 2023 Page 2 of 22 1. OVERVIEW: 1.1. SCOPE AND BACKGROUND: Through this Request for Proposal (RFP) the Office of Purchasing & Contracting (hereinafter the “State”) is seeking to establish contracts with one company that can provide Ancillary Equipment for an Aircraft Rescue and Fire Fighting (ARFF) Vehicle. 1.2. CONTRACT PERIOD: Any contract(s) arising from this solicitation will be for a period of up to 560 days. The State anticipates the start date for such contract(s) will be as soon as practicable. 1.3. SINGLE POINT OF CONTACT: All communications concerning this solicitation are to be addressed in writing to the State Contact listed on the front page of this solicitation. Actual or attempted contact with any other individual from the State concerning this solicitation is strictly prohibited and may result in disqualification. 1.4. BIDDERS’ CONFERENCE: A bidders’ conference will not be held. 1.5. QUESTION AND ANSWER PERIOD: Any bidder requiring clarification of any section of this solicitation or wishing to comment on any requirement of the solicitation must submit specific questions in writing no later than the deadline for question indicated on the first page of this solicitation. Questions may be e- mailed to the point of contact on the front page of this solicitation. Questions or comments not raised in writing on or before the last day of the question period are thereafter waived. At the close of the question period a copy of all questions or comments and the State's responses will be posted on the State’s web site http://bgs.vermont.gov/purchasing/bids. Every effort will be made to post this information as soon as possible after the question period ends, contingent on the number and complexity of the questions. 1.6. CHANGES TO THIS SOLICITATION: Any modifications to this solicitation will be made in writing by the State through the issuance of an Addendum to this solicitation and posted online at http://www.bgs.state.vt.us/pca/bids/bids.php . Modifications from any other source are not to be considered. 1.7. CONTRACT QUANTITY: Any quantities stated in the detailed requirements of this solicitation are estimates only based on prior usage, and are annual quantities, unless otherwise stated. Actual purchases may be higher or lower depending on the State’s needs. 1.8. SOURCE OF FUNDS: Socioeconomic affirmative steps under 2 C.F.R. § 200.321 If using applicable federal funds Socioeconomic affirmative steps under 2 C.F.R. § 200.321 affirmative steps must include at least the following six steps: 1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists; 2. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and 6. Requiring the prime/general contractor, if subcontracts are to be let, to take the same affirmative steps as listed in numbers 1 through 5. If a bidder requires assistance in preparing their proposal or needs guidance on socioeconomic certifications, the bidder may contact the Procurement Technical Assistance Center (PTAC). PTAC http://bgs.vermont.gov/purchasing/bids http://www.bgs.state.vt.us/pca/bids/bids.php Revised April 19, 2023 Page 3 of 22 specializes in helping small businesses navigate the documentation associated with State and Federal procurement. Their website is: https://accd.vermont.gov/economic-development/programs/ptac 2. DETAILED REQUIREMENTS: 2.1. DESCRIPTION 2.1.1. This item shall consist of furnishing all labor, equipment, and materials necessary to supply equipment, tools, and supplies meeting the requirements to outfit an FAA Class III ARFF Vehicle. The equipment, tools, and supplies will include all necessary mounting systems and will be delivered to the manufacturer of the separately procured ARFF Vehicle. All work shall be done in strict conformance with these specifications. 2.2. ANCILLARY EQUIPMENT FOR ARFF VEHICLE REQUIREMENTS 2.2.1. The equipment, tools, and supplies shall meet the requirements that are standard and necessary to outfit an FAA ARFF Class III Vehicle and shall be according to the requirements set forth in the ANCILLARY EQUIPMENT LIST, attached as Exhibit A-1 to this request for proposal. All equipment, tools, and supplies shall conform to AC 150/5210-14 (latest version), AIRCRAFT RESCUE FIRE FIGHTING EQUIPMENT, TOOLS, AND CLOTHING. Equipment listed without a specific vendor shall be manufactured specifically for use on FAA ARFF vehicles and manufacturer’s literature shall be submitted verifying its appropriateness for ARFF purposes. 2.2.2. Substitutions for the radio/communications systems will be at the discretion of the airport and will only be allowed if the substituted systems will work with the existing system. 2.3. ANCILLARY EQUIPMENT INSTALLATION 2.3.1. The equipment, tools, and supplies shall include all mounting systems, and the Contractor shall closely coordinate with the provider of the separately procured ARFF Vehicle. 2.3.2. It shall be clear to bidders that while they may choose to bid on both the separate ARFF vehicle and equipment RFPs, they are not required to and may bid either or both. 2.4. DELIVERY 2.4.1. Upon execution of the contract, all equipment listed under Exhibit A-1 Ancillary Equipment List, Schedule A must be delivered to the Purchaser by May 1st 2025. 2.4.2. The Contractor shall be required to closely coordinate with the ARFF vehicle manufacturer and shall deliver to the vehicle manufacturer all equipment, tools, supplies, and mounting systems listed under Exhibit A-1 Ancillary Equipment List, Schedule B a maximum of 90 calendar days and no less than 30 calendar days prior to the delivery date of the vehicle. 2.4.3. Delivery Location: 2.4.3.1. SCHEDULE A - Rutland Southern Vermont Regional Airport – 1002 Airport Rd, North Clarendon, VT 05759 2.4.3.2. SCHEDULE B – ARFF Vehicle Manufacturer – TBD by October 2024 2.5. PROJECT DURATION 2.5.1. It is anticipated that work covered by the contract will be awarded at the latest by October 2024. FAA guidance precludes delivery of the ARFF Vehicle in less than 360 days. It shall be clearly understood that bidders must hold the bid price submitted for the Ancillary Equipment as valid for the full duration of the award and contract period. 2.5.2. It shall be clearly understood that the contract time is dependent on the ARFF Vehicle delivery date, however the equipment listed under Exhibit A-1 Ancillary Equipment List, Schedule A must be delivered by the interim completion date as outlined in section 2.4.1, and shall ensure that the vehicle manufacturer receives the Exhibit A-1 Ancillary Equipment List, Schedule B equipment between 90 to 30 days prior to vehicle delivery request for additional contract time will only be granted under the following: 2.5.2.1. Additional work authorized by change order. https://accd.vermont.gov/economic-development/programs/ptac Revised April 19, 2023 Page 4 of 22 2.5.2.2. Material delivery delays, which are documented and are beyond the Contractor’s control. Material delivery delays, which are not documented, and not accounted for or identified in the Contractor’s schedule, will not be considered for a valid justification to extend the contract time. 2.5.3. Prior to the commencement of any activities, the contractor shall attend a mandatory pre- manufacturing meetings which may include representatives from the State of Vermont, the ancillary equipment vendor, ARFF vehicle manufacturer and Federal Aviation Administration. The pre- manufacturing meeting will be held to discuss the work in general, including administrative matters; to answer any questions of the Vendor; to introduce all parties and describe responsibilities, and to resolve any potential problems before the work commences. This meeting will be conducted via Microsoft Teams. 2.5.4. Meetings - It is expected that the meeting schedule will include a kickoff meeting and The State of Vermont will hold regular virtual meetings, with at least one meeting per quarter, open to all representatives invited to the pre-manufacturing meeting. These meetings will be mandatory for the contractor. 2.6. PAYMENT 2.6.1. Method of measurement. 2.6.1.1. The Ancillary Equipment shall be measured for payment based on the complete delivery of the items, each as specified in Exhibit A-1, to the Purchaser and vehicle manufacturer and based on the satisfaction of the Owner. 2.6.2. Basis of payment. 2.6.2.1. Payment for the Ancillary Equipment, Tools, and Supplies shall be made at the contract lump sum price for the equipment, tools, and supplies including manufacturing, mounting systems, testing and inspection, packaging, and delivery to the Purchaser and vehicle manufacturer as described in the Specifications. Also included in measurement shall be all warranty requirements and owner’s manuals. 2.6.2.2. Payment will be made under: ITEM DESCRIPTION UNIT M-002-1 Schedule A Equipment for ARFF Class III Vehicle Lump Sum M-002-2 Schedule B Equipment for ARFF Class III Vehicle Lump Sum 3. GENERAL REQUIREMENTS: 3.1. PRICING: Bidders must price the terms of this solicitation at their best pricing. Any and all costs that Bidder wishes the State to consider must be submitted for consideration. If applicable, all equipment pricing is to include F.O.B. delivery to the ordering facility. No request for extra delivery cost will be honored. All equipment shall be delivered assembled, serviced, and ready for immediate use, unless otherwise requested by the State. No charge for packing, shipping, or for any other purpose will be allowed over and above the price quoted. 3.1.1. Prices and/or rates shall remain firm for the initial term of the contract. The pricing policy submitted by Bidder must (i) be clearly structured, accountable, and auditable and (ii) cover the full spectrum of materials and/or services required. 3.1.2. Cooperative Agreements. Bidders that have been awarded similar contracts through a competitive bidding process with another state and/or cooperative are welcome to submit the pricing in response to this solicitation. Revised April 19, 2023 Page 5 of 22 3.2. STATEMENT OF RIGHTS: The State shall have the authority to evaluate Responses and select the Bidder(s) as may be determined to be in the best interest of the State and consistent with the goals and performance requirements outlined in this solicitation. The State of Vermont reserves the right to obtain clarification or additional information necessary to properly evaluate a proposal. Failure of bidder to respond to a request for additional information or clarification could result in rejection of that bidder's proposal. To secure a project that is deemed to be in the best interest of the State, the State reserves the right to accept or reject any and all bids, in whole or in part, with or without cause, and to waive technicalities in submissions. The State also reserves the right to make purchases outside of the awarded contracts where it is deemed in the best interest of the State. 3.2.1. Best and Final Offer (BAFO). At any time after submission of Responses and prior to the final selection of Bidder(s) for Contract negotiation or execution, the State may invite Bidder(s) to provide a BAFO. The state reserves the right to request BAFOs from only those Bidders that meet the minimum qualification requirements and/or have not been eliminated from consideration during the evaluation process. 3.2.2. Presentation. An in-person or webinar presentation by the Bidder may be required by the State if it will help the State’s evaluation process. The State will factor information presented during presentations into the evaluation. Bidders will be responsible for all costs associated with providing the presentation. 3.3. METHOD OF AWARD: Awards will be made under the provisions of 29 V.S.A. § 903. The State may award one or more contracts and reserves the right to make additional awards to other compliant bidders at any time if such award is deemed to be in the best interest of the State. All other considerations being equal, preference will be given to the following as identified in the applicable Certificate of Compliance. 3.3.1. resident bidders of the state and/or to products raised or manufactured in the state; 3.3.2. purchase of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products) when the award involves the use of applicable federal funds under 2 C.F.R. § 200.322) 3.3.3. bidders who have practices that promote clean energy and address climate change. 3.4. CONTRACT NEGOTIATION: Upon completion of the evaluation process, the State may select one or more bidders with which to negotiate a contract, based on the evaluation findings and other criteria deemed relevant for ensuring that the decision made is in the best interest of the State. In the event State is not successful in negotiating a contract with a selected bidder, the State reserves the option of negotiating with another bidder, or to end the proposal process entirely. 3.5. COST OF PREPARATION: Bidder shall be solely responsible for all expenses incurred in the preparation of a response to this solicitation and shall be responsible for all expenses associated with any presentations or demonstrations associated with this request and/or any proposals made. 3.6. CONTRACT TERMS: The selected bidder(s) will be expected to sign a contract with the State, including the Standard Contract Form and Attachment C as attached to this solicitation for reference. If IT Attachment D is included in this solicitation, terms may be modified based upon the solution proposed by the Bidder, subject to approval by the Agency of Digital Services. 3.6.1. Business Registration. To be awarded a contract by the State of Vermont a bidder (except an individual doing business in his/her own name) must be registered with the Vermont Secretary of State’s office https://sos.vermont.gov/corporations/registration/ and must obtain a Contractor’s Business Account Number issued by the Vermont Department of Taxes http://tax.vermont.gov/ . 3.6.2. The contract will obligate the bidder to provide the services and/or products identified in its bid, at the prices listed. 3.6.3. Payment Terms. Percentage discounts may be offered for prompt payments of invoices; however, such discounts must be in effect for a period of 30 days or more in order to be considered in making awards. 3.6.4. Quality. If applicable, all products provided under a contract with the State will be new and unused, unless otherwise stated. Factory seconds or remanufactured products will not be accepted unless https://sos.vermont.gov/corporations/registration/ http://tax.vermont.gov/ Revised April 19, 2023 Page 6 of 22 specifically requested by the purchasing agency. All products provided by the contractor must meet all federal, state, and local standards for quality and safety requirements. Products not meeting these standards will be deemed unacceptable and returned to the contractor for credit at no charge to the State. 3.7. SUBSTITUTION: Bidders may offer, in their bids, substitutes to items identified by a manufacturer’s number or brand. When offering a substitution, bidder must describe any differences and provide technical information that will assist in the State’s evaluation. 3.8. ENVIRONMENTAL INFORMATION: Bidders are requested to complete the Environmental Information Form which is included in the Certificate of Compliance for this solicitation identifying the following for each product being quoted: a. Percent (%) of recycled content and post-consumer content; and b. Mercury content certification. 3.9. SAMPLES: 3.9.1. Bidder Supplied Samples: The Commissioner reserves the right to request from the Bidder/Contractor a representative sample(s) of the Product offered at any time prior to or after award of a contract. Unless otherwise instructed, samples shall be furnished within the time specified in the request. Untimely submission of a sample may constitute grounds for rejection of Bid or cancellation of the Contract. Samples must be submitted free of charge and be accompanied by the Bidder’s name and address, any descriptive literature relating to the Product and a statement indicating how and where the sample is to be returned. Where applicable, samples must be properly labeled with the appropriate Bid or Contract reference. A sample may be held by the Commissioner during the entire term of the Contract and for a reasonable period thereafter for comparison with deliveries. At the conclusion of the holding period the sample, where feasible, will be returned as instructed by the Bidder, at the Bidder’s expense and risk. Where the Bidder has failed to fully instruct the Commissioner as to the return of the sample (i.e., mode and place of return, etc.) or refuses to bear the cost of its return, the sample shall become the sole property of the receiving entity at the conclusion of the holding period. 3.9.2. Enhanced Samples: When an approved sample exceeds the minimum specifications, all Product delivered must be of the same enhanced quality and identity as the sample. Thereafter, in the event of a Contractor’s default, the Commissioner may procure a Product substantially equal to the enhanced sample from other sources, charging the Contractor for any additional costs incurred. 3.9.3. Conformance with Sample(s): Submission of a sample (whether or not such sample is tested by, or for, the Commissioner) and approval thereof shall not relieve the Contractor from full compliance with the requirements specified in this solicitation. If in the judgment of the Commissioner the sample or product submitted is not in accordance with the specifications or testing requirements prescribed in the Bid Specifications, the Commissioner may reject the Bid. If an award has been made, the Commissioner may cancel the Contract at the expense of the Contractor. 3.9.4. Testing: All samples are subject to tests in the manner and place designated by the Commissioner, either prior to or after Contract award. Unless otherwise stated elsewhere in this solicitation, Bidder samples consumed or rendered useless by testing will not be returned to the Bidder. Testing costs for samples that fails to meet Contract requirements may be at the expense of the Contractor. 3.10. WARRANTY: The manufacturer shall include with its proposal a written warranty for each product that it intends to furnish. Warrantees must be based on commercial use, and shall extend for a minimum term of one (1) year from the date a Product is available for use by the purchaser; however, longer term warranties are desirable and will be given favorable consideration, all else being equal. 4. ENVIRONMENTAL REQUIREMENTS: Environmentally Preferable Purchasing (EPP) means the purchase of products and services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw material acquisition, production, manufacturing, packaging, distribution, re-use, operation, maintenance, or disposal of the product or service). Revised April 19, 2023 Page 7 of 22 The State of Vermont has established specific goals and objectives aimed at providing sound environmental stewardship, protecting human health, reducing state operating expenses associated with the use and control of regulated hazardous materials, and reducing potential liability attributable to environmental impact. Therefore, where applicable, the following environmental criteria shall be considered for all State purchasing and contracts. 4.1. Paper: The State desires to reduce the use of chlorine in the products it purchases to protect the environment from pollution. Processed Chlorine Free (PCF) paper means paper in which the recycled content is processed unbleached or is bleached without the use of chlorine or chlorine derivatives AND any virgin material contained therein is totally chlorine free (TCF). 4.1.1. Copier Paper: The State requires PCF copier paper which contains a minimum of 50% post- consumer recycled material (any virgin material must be TCF). 4.1.2. Printing and Writing Paper: The State requires at least 30% post-consumer recycled content for non-coated paper and at least 10% post-consumer recycled content for coated paper. Preference will be given to chlorine free options when suitable choices are available. 4.2. Recycled Content: The Commissioner of Buildings and General Services may, at his/her discretion, spend up to 10% more for comparable products that are made of recycled materials. If products made of recycled materials are to cost more than 10% more than comparable products, the Commissioner shall receive consent of State entities that are to use the product before completing the order in question. 4.3. Sustainable Products: Bidders are encouraged to provide alternative price quotations on wood or paper products that are derived from sustainably managed forestlands. Sustainably managed forest lands shall be defined as those lands enrolled and/or licensed under one of the following third-party certification programs: Sustainable Forestry Initiative Program, the American Tree Farm System, the Canadian Standards Association's Sustainable Forest Management System Standards, the Finnish Standard, Forest Stewardship Council, Pan-European Forest Certification, Swedish Standard, the United Kingdom Woodland Assurance Scheme or other such credible programs as may be developed and implemented. Bidders must provide satisfactory documentation of certification with their bid. 4.4. Life-Cycle Cost Evaluation: Life cycle cost analysis shall extend beyond the cost of purchasing, to include installation, operation, maintenance, durability, and disposal of a particular product. 4.5. Energy Efficiency (Energy Star): Bidders shall provide products that earn the ENERGY STAR and meet the ENERGY STAR specifications for energy efficiency when applicable. The bidder is encouraged to visit energystar.gov for complete product specifications and updated lists of qualifying products. 4.6. Alternative Fuels: Evaluations for vehicles and other fuel-consuming equipment shall consider not only fuel efficiency, but also the source and type of fuel, to reduce emissions of greenhouse gases and pollutants. 4.7. Vehicles: The State will purchase vehicles that have the highest available fuel efficiency in each respective vehicle class (e.g., passenger cars, light duty trucks, etc.) pursuant to performance specifications recommended by the state Technical Advisory Group established under Executive Order 12-17 section I (D). These performance standards should include consideration of vehicles that not only meet high fuel economy standards but that also provide lower total emissions of greenhouse gases, criteria pollutants, and hazardous air contaminants. 5. CONTENT AND FORMAT OF RESPONSES: The content and format requirements listed below are the minimum requirements for State evaluation. These requirements are not intended to limit the content of a Bidder’s proposal. Bidders may include additional information or offer alternative solutions for the State’s consideration. However, the State discourages overly lengthy and costly proposals, and Bidders are advised to include only such information in their response as may be relevant to the requirements of this solicitation. 5.1. The bid should include a Cover Letter and Technical Response and Price Schedule. 5.2. COVER LETTER: 5.2.1. Confidentiality. To the extent your bid contains information you consider to be proprietary and confidential, you must comply with the following requirements concerning the contents of your cover letter and the submission of a redacted copy of your bid (or affected portions thereof). http://www.energystar.gov/ Revised April 19, 2023 Page 8 of 22 5.2.2. All responses to this solicitation will become part of the contract file and will become a matter of public record under the State’s Public Records Act, 1 V.S.A. § 315 et seq. (the “Public Records Act”). If your response must include material that you consider to be proprietary and confidential under the Public Records Act, your cover letter must clearly identify each page or section of your response that you consider proprietary and confidential. Your cover letter must also include a written explanation for each marked section explaining why such material should be considered exempt from public disclosure in the event of a public records request, pursuant to 1 V.S.A. § 317(c), including the prospective harm to the competitive position of the bidder if the identified material were to be released. Additionally, you must include a redacted copy of your response for portions that are considered proprietary and confidential. Redactions must be limited so that the reviewer may understand the nature of the information being withheld. It is typically inappropriate to redact entire pages, or to redact the titles/captions of tables and figures. Under no circumstances may your entire response be marked confidential, and the State reserves the right to disqualify responses so marked. 5.2.3. Exceptions to Contract Terms and Conditions. If a Bidder wishes to propose an exception to any terms and conditions set forth in the Standard Contract Form and its attachments, such exceptions must be included in the cover letter to the response. Failure to note exceptions when responding to this solicitation will be deemed to be acceptance of the State contract terms and conditions. If exceptions are not noted in the response to this solicitation but raised during contract negotiations, the State reserves the right to cancel the negotiation if deemed to be in the best interests of the State. Note that exceptions to contract terms may cause rejection of the proposal. 5.3. TECHNICAL RESPONSE. In response to this solicitation, a Bidder shall: 5.3.1. Provide details concerning your form of business organization, company size and resources. 5.3.2. Describe your capabilities and particular experience relevant to the solicitation requirements. 5.3.2.1. Identify all current or past State projects. 5.3.3. Identify the names of all subcontractors you intend to use, the portions of the work the subcontractors will perform, and address the background and experience of the subcontractor(s), as per section 5.3.2 above. 5.4. REFERENCES. Provide the names, addresses, and phone numbers of at least three companies with whom you have transacted similar business in the last 12 months. You must include contact names who can talk knowledgeably about performance. 5.5. REPORTING REQUIREMENTS: Provide a sample of any reporting documentation that may be applicable to the Detailed Requirements of this solicitation. 5.6. PRICE SCHEDULE: Bidders shall submit their pricing information in the Price Schedule attached to this solicitation. 5.7. CERTIFICATE OF COMPLIANCE: This form must be completed and submitted as part of the response for the proposal to be considered valid. 6. SUBMISSION INSTRUCTIONS: 6.1. CLOSING DATE: Bids must be received by the State by the due date specified on the front page of this solicitation. Late bids will not be considered. 6.1.1. The State may, for cause, issue an addendum to change the date and/or time when bids are due. If a change is made, the State will inform all bidders by posting at the webpage indicated on the front page of this solicitation. 6.1.2. There will not be a public bid opening. However, the State will record the name, city and state for any and all bids received by the due date. This information will be posted as promptly as possible following the due date online at: https://bgs.vermont.gov/content/opc-bid-tabulation-sheets-0 . Bidders are hereby notified to review the information posted after the bid opening deadline to confirm receipt of bid by the State. Any bidder that submitted a bid, and is not listed on the bid tabulation sheet, shall promptly notify the State Contact listed on the front page of this solicitation. Should a https://bgs.vermont.gov/content/opc-bid-tabulation-sheets-0 Revised April 19, 2023 Page 9 of 22 bidder fail to notify the State Contact listed on the front page of this solicitation within two weeks of posting the bid tabulation sheet, the State shall not be required to consider the bid. 6.2. STATE SECURITY PROCEDURES: Please be advised extra time will be needed when visiting and/or delivering information to State of Vermont offices. All individuals visiting State offices must present a valid government issued photo ID when entering the facility. 6.2.1. State office buildings may be locked or otherwise closed to the public. If this solicitation permits hand delivery of bids, delivery instructions will be posted at the entrance to the State facility. Any delay caused by State Security Procedures will be at the bidder’s own risk. 6.3. BID DELIVERY INSTRUCTIONS: 6.3.1. ELECTRONIC: Electronic bids will be accepted. 6.3.1.1. E-MAIL BIDS. Emailed bids will be accepted. Bids will be accepted via email submission to SOV.ThePathForward@vermont.gov. Bids must consist of a single email with a single, digitally searchable PDF attachment containing all components of the bid. Multiple emails and/or multiple attachments will not be accepted. There is an attachment size limit of 40 MB. It is the Bidder’s responsibility to compress the PDF file containing its bid if necessary in order to meet this size limitation. USE SUBJECT: ANCILLARY EQUIPMENT FOR ARFF 6.3.1.2. FAX BIDS: Faxed bids will not be accepted. 6.4. U.S. MAIL OR EXPRESS DELIVERY OR HAND DELIVERY: 6.4.1. All paper format bids must be addressed to the State of Vermont, Office of Purchasing & Contracting, 133 State Street, 5th Floor, Montpelier, VT 05633-8000. BID ENVELOPES MUST BE CLEARLY MARKED ‘SEALED BID’ AND SHOW THE REQUISITION NUMBER AND/OR PROPOSAL TITLE, OPENING DATE AND NAME OF BIDDER. 6.4.2. NUMBER OF COPIES: 6.4.3. For bids submitted via mail, express, or in-hand, submit a single copy. 6.4.4. Paper Format Delivery Methods: 6.4.4.1. U.S. MAIL: Bidders are cautioned that it is their responsibility to originate the mailing of bids in sufficient time to ensure bids are received and time stamped by the Office of Purchasing & Contracting prior to the time of the bid opening. 6.4.4.2. EXPRESS DELIVERY: If bids are being sent via an express delivery service, be certain that the solicitation designation is clearly shown on the outside of the delivery envelope or box. Express delivery packages will not be considered received by the State until the express delivery package has been received and time stamped by the Office of Purchasing & Contracting. 6.4.4.3. HAND DELIVERY: Hand carried bids shall be delivered to a representative of the Office of Purchasing & Contracting prior to the bid opening. A Security Officer is at 133 until 4:30 PM which is the normal hours. A bid submitted by Hand Delivery will not be accepted after 4:30 PM. 7. BID SUBMISSION CHECKLIST:  Required Number of Copies (if applicable)  Cover Letter mailto:SOV.ThePathForward@vermont.gov Revised April 19, 2023 Page 10 of 22  Technical Response  Redacted Technical Response, if applicable  References  Price Schedule  Signed Certificate of Compliance  Completed and Signed Attachment E – FAA Contract Provisions 8. ATTACHMENTS: 8.1. Certificate of Compliance 8.2. Price Schedule 8.3. Sample Standard Contract Form for Commodities including but not limited to, Attachment C: Standard State Provisions for Contracts and Grants (December 7, 2023). 8.4. Attachment D - State of Vermont Federal Terms Supplement 8.5. Attachment E – FAA Contract Provisions 8.6. Attachment F – FAA General Provisions 8.7. Exhibit A-1 – Ancillary Equipment List Revised April 19, 2023 Page 11 of 22 RFP/PROJECT: Ancillary Equipment for ARFF Vehicle DATE: February 12, 2024 Page 1 of 2 CERTIFICATE OF COMPLIANCE For a bid to be considered valid, this form must be completed in its entirety, executed by a duly authorized representative of the bidder, and submitted as part of the response to the proposal. A. NON COLLUSION: Bidder hereby certifies that the prices quoted have been arrived at without collusion and that no prior information concerning these prices has been received from or given to a competitive company. If there is sufficient evidence to warrant investigation of the bid/contract process by the Office of the Attorney General, bidder understands that this paragraph might be used as a basis for litigation. B. CONTRACT TERMS: Bidder hereby acknowledges that is has read, understands and agrees to the terms of this solicitation, including Attachment C: Standard State Contract Provisions, and any other contract attachments included with this RFP. C. Domestic preferences (2 C.F.R. § 200.322) Bidders must complete the following information in reference to each item being quoted. Bidders shall refer to Attachment E – FAA Contract Provisions, Section A3 Buy American and must complete and submit Form A3.1.2 in addition to this Certificate of Compliance. Additional pages may be used if necessary. Item # Brand/Manufacturer Identify where produced or assembled % produced or assembled  (check if applicable) Bidder can claim goods, products, or materials offered as part of this solicitation are produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). (Bidder may attach any desired explanation or substantiation. Please also note that Bidder may be asked to provide documentation for any applicable claims.) D. ENVIRONMENTAL INFORMATION FORM a. RECYCLED MATERIALS OR PRODUCTS: Bidders are to complete the following information in reference to each item being quoted. Additional pages may be used if necessary. Item # Brand/Manufacturer % Of Recycled Content % Post Consumer Content Revised April 19, 2023 Page 12 of 22 RFP/PROJECT: Ancillary Equipment for ARFF Vehicle DATE: February 12, 2024 Page 2 of 2 b. MERCURY CONTENT CERTIFICATION: Bidder certifies that none of the items quoted in this solicitation contain mercury except as identified below. Bidders shall also specify the amount of mercury contained in any of the products listed below. Additional pages may be used if necessary. E. Acknowledge receipt of the following Addenda: Addendum No.: Dated: Addendum No.: Dated: Addendum No.: Dated: Bidder Name: Contact Name: Address: Fax Number: Telephone: E-Mail: By: Name: Signature of Bidder (or Representative) (Type or Print) Item Part # Mercury Content Revised April 19, 2023 Page 13 of 22 PRICE SCHEDULE Ancillary Equipment for ARFF Vehicle 1. Product Pricing Item # Equipment Description Quantity Per Unit Cost Total Cost SCHEDULE A PERSONAL PROTECTIVE EQUIPMENT A1 Complete SCBA including one 45-minute bottle, one face piece per shift. Must meet current NFPA 1981 Standard and match customer’s standard fittings. (Note: All Personal Protection Equipment (PPE) to be part of a matching ensemble that meets current NFPA 1971 standards) 3 A2 Structural style helmets w/ aluminized shrouds and gold-coated face shield. Equivalent structural firefighting equipment may be substituted for aluminized proximity equipment. (Note: All Personal Protection Equipment (PPE) to be part of a matching ensemble that meets current NFPA 1971 standards) 3 SCHEDULE B ALL OTHER AARF VEHICLE EQUIPMENT B1 Radio w/public address system w/ Ground to Ground, compatible with existing ARFF Radio System. Includes radio microphone, PA microphone, microphone mounting clips, speaker, antenna, wire harness and mounting 1 B2 Axe, rescue, large, standard head with 36 in fiberglass handle; to include scabbard and pick head cover and mounting equipment 1 B3 Halligan Bar – 36 in 1 B4 Axe, flat head, fiberglass handle - 36 in with mounting bracket, (for married set w/Halligan Tool) 1 B5 36 in crowbar 1 B6 Cutter, cable, 24 or 36 in 1 B7 Hacksaw, heavy duty, 12 in with pistol grip and six (6) assorted blades 1 B8 Hammer, 1-1/4 lb. (Maul) 1 B9 Hammer, 16 oz., non-sparking 1 B10 Hammer, Sledge, 8 lb. with fiberglass handle 1 B11 Knife, rescue, V-blade (harness cutting tool) 2 B12 Pliers, side cutting, 7 in 1 B13 Adjustable wrench, 8 in 1 B14 Vice grip pliers, 10 in 1 B15 Plug, fuel line (tapered hardwood) 3 B16 Plug, fuel line (tapered neoprene) 3 B17 Screwdriver set—three (3) Phillips and three (3) straight blade 1 B18 Shears, sheet metal, straight cut 1 B19 Tool Bag (heavy duty) with organizer pouches/pockets and shoulder strap to carry items 6 - 18 1 Revised April 19, 2023 Page 14 of 22 Item # Equipment Description Quantity Per Unit Cost Total Cost B20 Blanket, fire resistant with storage pouch 1 B21 Wheel chocks – one set (2 chocks) with mounting brackets 1 B22 Ladder, extension or “A-Frame”, up to 24 ft. overall length with mounting brackets. 1 B23 Portable rechargeable, weatherproof, intrinsically safe hand-held lanterns having a minimum 25,000 beam candle power rating with straps. Chargers to be mounted in cab wired into vehicle electrical system for charging. 2 B24 Pike pole, 8 ft. with fiberglass handle and mounting hardware 1 B25 Pike Pole with 4 ft. “D” handle and mounting hardware 1 B26 Rescue kit, pneumatic air hammer / chisel standard duty type), complete with spare air cylinder, carrying case and various tips. 1 B27 Rescue saw, 14 in (Index A) complete with total 2 Diamond blades for metal. Including mounting hardware. 1 B28 Rope, 100 ft. - 5/8 in diameter 2 B29 Fire extinguishers having a minimum 20 B/C UL rating of dry chemical and clean streaming agent with mounting brackets. 1 each B30 Fire extinguisher Class D powder (30 lb.) with mounting bracket 1 B31 Skin penetrator (piercing applicator) for water or foam application, manual type or Skin penetrator, water, foam or dry chemical application, pneumatic type including carry case, applicator and air cylinder (only if vehicle is not equipped with an HRET) 1 B32 Powered firefighting hydraulic rescue tool with cutters, spreaders, (or combination tool), ram and power unit, hoses and mounting hardware (may be heavy duty battery operated) 1 B33 Heavy duty canvas hydrant bag with straps 1 B34 Gate valve 2 1⁄2 in 2 B35 Adjustable hydrant wrench capable of accommodating up to a 1.75 in. (4.4-cm) pentagon nut and up to a 1.25 in. (3.2-cm) square nut 1 B36 2-1/2 in. spanner wrenches w/bracket 2 B37 Double female couplings – 1 1⁄2 in (Note: Provide information on large diameter adapter thread pipe as part of the bid documents) 1 B38 Double female couplings – 2 1⁄2 in (Note: Provide information on large diameter adapter thread pipe as part of the bid documents) 1 B39 Double male couplings – 1 1⁄2 in (Note: Provide information on large diameter adapter thread pipe as part of the bid documents) 1 B40 Double male couplings – 2 1⁄2 in (Note: Provide information on large diameter adapter thread pipe as part of the bid documents) 1 B41 1 3⁄4 in × 50 ft. Rubber / Synthetic, with 1 1⁄2 in NST couplings 6 B42 Digital Refractometer 1 ARFF Vehicle Medical Kit B43 Bag Valve Mask Resuscitator Adult Kit (To include – 1 Small – 1 Medium -1 Large Mask) 1 kit B44 Bag Valve Mask Resuscitator Child / Infant Kit (Child / Infant Mask Assortment) 1 kit B45 Disposable Airway Kit 1 kit B46 Burn sheet 1 B47 Adhesive Bandages (1” x 3”) 25 Revised April 19, 2023 Page 15 of 22 Item # Equipment Description Quantity Per Unit Cost Total Cost B48 ABD Pads (5” x 9”) 2 B49 Multi Trauma Dressing (12” x 30”) 1 B50 Sterile Gauze Pads (4” x 4”) 25 B51 Sterile Eye Pads 4 B52 Petroleum Gauze (3” x 9”) 2 B53 Sterile Roller Bandage (4”) 5 B54 Sterile Roller Bandage (6”) 5 B55 Waterproof Tape (1”) 2 B56 Waterproof Tape (2”) 1 B57 Triangular Bandages 2 B58 Elastic Bandage (3”) 2 B59 Elastic Bandage (4”) 2 B60 BP Cuff 1 B61 Stethoscope (With Bell for Chest Sounds) 1 B62 Cold Packs (Instant) 2 B63 Instrument Pack (1 each, shears, forceps, bandage scissors, penlight flashlight) 1 B64 Space Blanket (Wrapped) 4 B65 Nitrile Gloves 5 B66 Sterile Water (For irrigation) 1 bottle Name of Bidder: Signature of Bidder: Date: Revised April 19, 2023 Page 16 of 22 SAMPLE CONTRACT FORM FOR COMMODITIES STANDARD CONTRACT 1. Parties. This is a contract between the State of Vermont, _____________ (hereinafter called “State”), and _____________, with a principal place of business in _____________, (hereinafter called “Contractor”). Contractor’s form of business organization is _____________. It is Contractor’s responsibility to contact the Vermont Department of Taxes to determine if, by law, Contractor is required to have a Vermont Department of Taxes Business Account Number. 2. Subject Matter. The subject matter of this contract is commodities generally on the subject of _____________. Detailed requirements to be provided by Contractor are described in Attachment A. 3. Maximum Amount. In consideration of the commodities to be provided by Contractor, the State agrees to pay Contractor, in accordance with the payment provisions specified in Attachment B, a sum not to exceed $________.00. 4. Contract Term. The period of contractor’s performance shall begin on _____________, 20__ and end on _____________, 20__ with an option to renew for _____________ terms upon mutual agreement of both parties. 5. Prior Approvals. This Contract shall not be binding unless and until all requisite prior approvals have been obtained in accordance with current State law, bulletins, and interpretations. 6. Amendment. No changes, modifications, or amendments in the terms and conditions of this contract shall be effective unless reduced to writing, numbered and signed by the duly authorized representative of the State and Contractor. 7. Termination/Cancellation/Rejection. The State specifically reserves the right upon written notice to immediately terminate the contract or any portion thereof at no additional cost to the State, providing, in the opinion of its Commissioner of Buildings and General Services, the products supplied by Contractor are not satisfactory or are not consistent with the terms of this Contract. The State also specifically reserves the right upon written notice, and at no additional cost to the State, to immediately terminate the contract for convenience and/or to immediately reject or cancel any order for convenience at any time prior to shipping notification. 8. Attachments. This contract consists of ___ pages including the following attachments which are incorporated herein: Attachment A - Statement of Work Attachment B - Payment Provisions Attachment C – “Standard State Provisions for Contracts and Grants” a preprinted form (revision date 12/15/2017) “State of Vermont – Federal Terms Supplement (non-construction)” Attachment D - Other Provisions Additional attachments may be lettered as necessary Revised April 19, 2023 Page 17 of 22 9. Order of Precedence. Any ambiguity, conflict or inconsistency between the documents comprising this contract shall be resolved according to the following order of precedence: (1) Standard Contract (2) Attachment D (3) Attachment C (Standard Contract Provisions for Contracts and Grants) (4) State of Vermont – Federal Terms Supplement (non-construction) (5) Attachment A (6) Attachment B List other attachments, if any, in order of precedence WE THE UNDERSIGNED PARTIES AGREE TO BE BOUND BY THIS CONTRACT By the State of Vermont: By the Contractor: Date: Date: Signature: Signature: Name: Name: Title: Title: Revised April 19, 2023 Page 18 of 22 ATTACHMENT A – STATEMENT OF WORK The Contractor shall provide: 1. Insert Line Items listing product / equipment offerings, price per each, and quantity ordered, as applicable. 2. INSTALLATION AND TRAINING (REMOVE IF NOT APPLICABLE) 3. SOFTWARE (REMOVE IF NOT APPLICABLE) 3.1 Information Security Requirements In cases where the State is not permitted to manage/modify the automation equipment (server/computer/other) that controls testing or monitoring devices, the Contractor agrees to update and provide patches for the automation equipment and any installed operating systems or applications on a quarterly basis (at minimum). The Contractor will submit a report to the State of updates installed within 30 days of the installation as well as a Plan of Actions and Milestones (POA&M) to remediate any vulnerabilities ranging from Critical to Low. The contractor will provide an upgrade path or compensatory security controls for any operating systems and applications listed as beyond “end-of- life” or EOL, within 90 days of the EOL and complete the EOL system’s upgrade within 90 days of the approved plan. 3.2 SOV Cybersecurity Standard Update 2023-01 Contractor confirms that all products and services provided to or for the use of the State under this Agreement shall be in compliance with State of Vermont Cybersecurity Standard Update 2023-01, which prohibits the use of certain branded products in State information systems or any vendor system that is supporting State information systems, and is available on-line at: https://digitalservices.vermont.gov/cybersecurity/cybersecurity-standards-and-directives . 4. SERVICE REQUIREMENTS (REMOVE IF NOT APPLICABLE) 5. WARRANTY: Each product purchased hereunder shall include a manufacturer’s written warranty, which must be based on commercial use, and extend for a minimum term of one (1) year from the date a Product is available for use by the purchaser, or such longer period as set forth in the written warranty. 6. REPORTING REQUIREMENTS: Contractor will be required to submit quarterly product sales report to the Purchasing Agent pursuant to the schedule below detailing the purchasing of all items under this Contractor. Contractor’s reporting shall state "no activity" for any month in which there is no activity during a quarterly reporting period. a. The reports shall be an excel spreadsheet transmitted electronically to the Purchasing Agent. b. Reports are due for each quarter as follows: Reporting Period Report Due January 1 to March 31 April 30 April 1 to June 30 July 31 July 1 to September 30 October 31 October 1 to December 31 January 31 https://digitalservices.vermont.gov/cybersecurity/cybersecurity-standards-and-directives Revised April 19, 2023 Page 19 of 22 c. Failure to meet these reporting requirements may result in suspension or termination of this Participating Addendum. d. Notwithstanding the fact that any payment obligation for sales by contractor to any political subdivision or college, pursuant to “Purchasing Entities,” below, shall be solely between the political subdivision or college and the contractor, the contractor must include, in reporting to State, the figures on quantities sold by contractor to, and amounts paid to contractor by, any such political subdivisions or independent colleges. 7. DELIVERY: Responsibility for product delivery remains with Contractor until the product is properly delivered and signed for. Contractor shall securely and properly pack all shipments in accordance with accepted commercial practices. Upon delivery, all packaging and containers shall become the property of the State, unless otherwise stated. Delivered goods that do not conform to the specifications or are not in good condition upon receipt shall be replaced promptly by the Contractor. 8. QUALITY: All products will be new and unused. All products provided by the Contractor must meet all federal, state, and local standards for quality and safety requirements. Products not meeting the requirements of this section will be deemed unacceptable and returned to the Contractor for credit at no charge to the State. 9. DEFAULT: In case of default of the Contractor, the State may procure the materials or supplies from other sources and hold the Contractor responsible for any excess cost occasioned thereby, provided, that if public necessity requires the use of materials or supplies not conforming to the specifications they may be accepted and payment therefore shall be made at a proper reduction in price. 10. Primary Contacts. The Parties will keep and maintain current at all times a primary point of contact for this contract. The primary contacts for this this Contract are as follows: e. For the Contractor: Name: XXXX Phone: XXXX Email: XXXX f. For the State: Name: State of Vermont, XXXX Address: 133 State Street, 5th Floor, Montpelier, VT 05633-8000 Phone: 802/828- XXXX Fax: 802/828-2222 Email: XXXX 11. Purchasing Entities: This Participating Addendum may be used by (a) all departments, offices, institutions, and other agencies of the State of Vermont and counties (each a “State Purchaser”) according to the process for ordering and other restrictions applicable to State Purchasers set forth herein; and (b) political subdivisions of the state (including, but not limited to, cities, towns, and school districts) and any institution of higher education chartered in Vermont and accredited or holding a certificate of approval from the State Board of Education as authorized under 29 V.S.A. § 902 (each an “Additional Purchaser”). Issues concerning interpretation and eligibility for participation are solely within the authority of the State Revised April 19, 2023 Page 20 of 22 of Vermont Chief Procurement Officer. The State of Vermont and its officers and employees shall have no responsibility or liability for Additional Purchasers. Each Additional Purchaser is to make its own determination whether this Participating Addendum and the Master Agreement are consistent with its procurement policies and regulations. Revised April 19, 2023 Page 21 of 22 ATTACHMENT B – PAYMENT PROVISIONS The maximum dollar amount payable under this contract is not intended as any form of a guaranteed amount. The Contractor will be paid for products actually delivered or performed, as specified in Attachment A, up to the maximum allowable amount specified on page 1 of this contract. 1. Prior to commencement of work and release of any payments, Contractor shall submit to the State: a. a certificate of insurance consistent with the requirements set forth in Attachment C, Section 8 (Insurance), and with any additional requirements for insurance as may be set forth elsewhere in this contract; and 2. Payment terms are Net 30 days from the date the State receives an error-free invoice with all necessary and complete supporting documentation. 3. All invoices are to be rendered by the Contractor on the vendor's standard billhead and forwarded directly to the institution or agency ordering materials and shall specify the address to which payments will be sent. Percentage discounts may be offered for prompt payments of invoices; however, such discounts must be in effect for a period of 30 days or more in order to be considered in making awards. (The language needs to be revised to instead establish Contractor obligation re: discounts.) 4. PRICING: Contractor shall provide all products F.O.B. delivery to the ordering facility at no additional cost to the State. No request for extra delivery cost will be honored. All equipment shall be delivered assembled, serviced, and ready for immediate use, unless otherwise requested by the State. No charge for packing, shipping, or for any other purpose will be allowed over and above the price quoted. Prices quoted for printing are to include printing, binding, wrapping, and packaging. 5. Contractor shall submit invoice(s) to: INSERT ADDRESS 6. Following complete delivery of the items and completion of the training (if applicable), each as specified in Attachment A, and the State’s written confirmation to the Contractor of the State’s acceptance of those items and that training, Contractor will, within XXX business days, invoice the State for the full amount of the contract /OR/ in accordance with the rates specified in Attachment A. 7. Unless otherwise indicated in a manufacturer’s return policy, unopened Products can be returned with no restocking fee up to 30 days from the date of receipt. 8. The State Purchasing Card may be used by State Purchasers for the payment of invoices. Use of the Purchasing Card requires all required documentation applicable to the purchase. The Purchasing Card is a payment mechanism, not a procurement approach and, therefore, does not relieve State Purchasers from adhering to all procurement laws, regulations, policies, procedures, and best practices. Revised April 19, 2023 Page 22 of 22 ATTACHMENT C: STANDARD STATE PROVISIONS FOR CONTRACTS AND GRANTS REVISED DECEMBER 7, 2023 “Attachment C: Standard State Provisions for Contracts and Grants” (revision version dated December 7, 2023) constitutes part of this Agreement and is hereby incorporated by reference as if fully set forth herein and shall apply to the purchase of all goods and/or services by the State under this Agreement. A copy of this document is available online at: https://bgs.vermont.gov/purchasing-contracting/forms. https://bgs.vermont.gov/purchasing-contracting/forms Revised April 19, 2023 Page 22 of 22 ATTACHMENT C: STANDARD STATE PROVISIONS FOR CONTRACTS AND GRANTS REVISED DECEMBER 7, 2023 “Attachment C: Standard State Provisions for Contracts and Grants” (revision version dated December 7, 2023) constitutes part of this Agreement and is hereby incorporated by reference as if fully set forth herein and shall apply to the purchase of all goods and/or services by the State under this Agreement. A copy of this document is available online at: https://bgs.vermont.gov/purchasing-contracting/forms. https://bgs.vermont.gov/purchasing-contracting/forms ATTACHMENT D STATE OF VERMONT- FEDERAL TERMS SUPPLEMENT (Non-Construction) (Revision date: July 19, 2023) PROCUREMENT OF RECOVERED MATERIALS In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated Items unless the products cannot be acquired- 1. Competitively within a time frame providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price Information about this requirement, along with the list of EPA-designated items, is available at the EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of section 6002 of the Solid Waste Disposal Act. CLEAN AIR ACT 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the State of Vermont and understands and agrees that the State of Vermont will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. FEDERAL WATER POLLUTION CONTROL ACT 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the State of Vermont and understands and agrees that the State of Vermont will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. a. Standard. Non-Federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and Suspension). CONTRACTOR BREACH, ERRORS AND OMISSIONS 1. Any breach of the terms of this contract, or material errors and omissions in the work product of the contractor must be corrected by the contractor at no cost to the State, and a contractor may be liable for the State's costs and other damages resulting from errors or deficiencies in its performance. 2. Neither the States’ review, approval or acceptance of nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. 3. The rights and remedies of the State provided for under this contract are in addition to any other rights and remedies provided by law or elsewhere in the contract. TERMINATION FOR CONVENIENCE 1. General https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program a. Any termination for convenience shall be effected by delivery to the Contractor an Order of Termination specifying the termination is for the convenience of the Agency, the extent to which performance of work under the Contract is terminated, and the effective date of the termination. b. In the event such termination occurs, without fault and for reasons beyond the control of the Contractor, all completed or partially completed items of work as of the date of termination will be paid for in accordance with the contract payment terms. c. No compensation will be allowed for items eliminated from the Contract. d. Termination of the Contract, or portion thereof, shall not relieve the Contractor of its contractual responsibilities for work completed and shall not relieve the Contractor’s Surety of its obligation for and concerning any just claim arising out of the work performed. 2. Contractor Obligations After receipt of the Notice of Termination and except as otherwise directed by the State, the Contractor shall immediately proceed to: a. To the extent specified in the Notice of Termination, stop work under the Contract on the date specified. b. Place no further orders or subcontracts for materials, services, and/or facilities except as may be necessary for completion of such portion(s) of the work under the Contract as is (are) not terminated. c. Terminate and cancel any orders or subcontracts for related to the services, except as may be necessary for completion of such portion(s) of the work under the Contract as is (are) not terminated. d. Transfer to the State all completed or partially completed plans, drawings, information, and other property which, if the Contract had been completed, would be required to be furnished to the State. e. Take other action as may be necessary or as directed by the State for the protection and preservation of the property related to the contract which is in the possession of the contractor and in which the State has or may acquire any interest. f. Make available to the State all cost and other records relevant to a determination of an equitable settlement. 3. Claim by Contractor After receipt of the Notice of Termination from the state, the Contractor shall submit any claim for additional costs not covered herein or elsewhere in the Contract within 60 days of the effective termination date, and not thereafter. Should the Contractor fail to submit a claim within the 60-day period, the State may, at its sole discretion, based on information available to it, determine what, if any, compensation is due the Contractor and pay the Contractor the determined amount. 4. Negotiation Negotiation to settle a timely claim shall be for the sole purpose of reaching a settlement equitable to both the Contractor and the State. To the extent settlement is properly based on Contractor costs, settlement shall be based on actual costs incurred by the Contractor, as reflected by the contract rates. Consequential damages, loss of overhead, loss of overhead contribution of any kind, and/or loss of anticipated profits on work not performed shall not be included in the Contractor’s claim and will not be considered, allowed, or included as part of any settlement. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023 Page 1 FAA Airports Contract Provision Guidelines for Obligated Sponsors and Airport Improvement Program Projects (Issued on May 24, 2023) Contents A1 ACCESS TO RECORDS AND REPORTS ............................................................................................. 1 A2 BREACH OF CONTRACT TERMS ..................................................................................................... 2 A3 BUY AMERICAN PREFERENCE ....................................................................................................... 3 A4 CIVIL RIGHTS - GENERAL ............................................................................................................... 7 A5 CIVIL RIGHTS – TITLE VI ASSURANCE ............................................................................................. 8 A6 CLEAN AIR AND WATER POLLUTION CONTROL .......................................................................... 11 A7 DEBARMENT AND SUSPENSION .................................................................................................. 12 A8 DISADVANTAGED BUSINESS ENTERPRISE ................................................................................... 13 A9 DISTRACTED DRIVING ................................................................................................................. 16 A10 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT .......................................................................................................................................... 17 A11 DRUG FREE WORKPLACE REQUIREMENTS .............................................................................. 18 A12 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) ................................... 19 A13 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES ............................................................. 20 A14 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 .............................................................. 21 A15 PROCUREMENT OF RECOVERED MATERIALS .......................................................................... 22 A16 TAX DELINQUENCY AND FELONY CONVICTIONS .................................................................... 23 A17 TERMINATION OF CONTRACT ................................................................................................. 24 A18 TRADE RESTRICTION CERTIFICATION ...................................................................................... 27 A19 VETERAN’S PREFERENCE ......................................................................................................... 29 A20 DOMESTIC PREFERENCES FOR PROCUREMENTS .................................................................... 30 ATTACHMENT E Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023 Page 2 Table 1 – Applicability of Provisions Provisions/Clauses D o lla r Th re sh o ld Eq u ip m e n t Access to Records and Reports $ 0 REQD Affirmative Action Requirement $10,000 Limited Breach of Contract $250,000 REQD Buy American Preferences $ 0 REQD (1) Buy American Statement $ 0 REQD (2) Construction $ 0 REQD (3) Equipment/Building Projects $ 0 REQD Civil Rights – General $ 0 REQD Civil Rights - Title VI Assurances $ 0 REQD (1) Notice - Solicitation $ 0 REQD (2) Clause - Contracts $ 0 REQD (3) Clause – Transfer of U.S. Property $ 0 n/a (4) Clause – Transfer of Real Property $ 0 n/a (5) Clause - Construct/Use/Access to Real Property $ 0 n/a (6) List – Pertinent Authorities $0 REQD Clean Air/Water Pollution Control $150,000 REQD Contract Work Hours and Safety Standards $100,000 Limited Copeland Anti-Kickback $ 2,000 Limited Davis Bacon Requirements $ 2,000 Limited Debarment and Suspension $25,000 REQD Disadvantaged Business Enterprise $ 250,000 REQD Distracted Driving $10,000 REQD Domestic Preferences for Procurements $0 REQD Equal Employment Opportunity $10,000 Limited (1) EEO Contract Clause $10,000 Limited (2) EEO Specification $10,000 Limited Federal Fair Labor Standards Act $ 0 REQD Foreign Trade Restriction $ 0 REQD Lobbying Federal Employees $ 100,000 REQD Occupational Safety and Health Act $ 0 REQD Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment $0 REQD Prohibition of Segregated Facilities $0 Limited Recovered Materials $10,000 REQD Right to Inventions $ 0 Limited Seismic Safety $ 0 Limited Tax Delinquency and Felony Conviction $ 0 REQD Termination of Contract $10,000 REQD Veteran’s Preference $ 0 REQD Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023 Page 1 APPENDI X A – CONTRACT PROVISIONS A 1 A C C E S S T O R E C O R D S A N D R E P O R T S A 1 . 1 M O D E L C O N T R A C T C L A U S E ACCESS TO RECORDS AND REPORTS The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023 Page 2 A 2 B R E A C H O F C O N T R A C T T E R M S A 2 . 1 M O D E L C O N T R A C T C L A U S E BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. Owner will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the contract. The Owner’s notice will identify a specific date by which the Contractor must correct the breach. Owner may proceed with termination of the contract if Contractor fails to correct the breach by the deadline indicated in the Owner’s notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023 Page 3 A 3 B U Y A M E R I C A N P R E F E R E N C E A 3 . 1 M O D E L S O L I C I T A T I O N C L A U S E S A 3 . 1 . 1 C e r t i f i c a t i o n o f C o m p l i a n c e w i t h F A A B u y A m e r i c a n P r e f e r e n c e S t a t e m e n t FAA BUY AMERICAN PREFERENCE The Contractor certifies that its bid/offer is in compliance with 49 USC § 50101, BABA and other related Made in America Laws,1 U.S. statutes, guidance, and FAA policies, which provide that Federal funds may not be obligated unless all iron, steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. The bidder or offeror must complete and submit the certification of compliance with FAA’s Buy American Preference, BABA and Made in America laws included herein with their bid or offer. The Airport Sponsor/Owner will reject as nonresponsive any bid or offer that does not include a completed certification of compliance with FAA’s Buy American Preference and BABA. The bidder or offeror certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S. 1 Per Executive Order 14005 “Made in America Laws” means all statutes, regulations, rules, and Executive Orders relating to federal financial assistance awards or federal procurement, including those that refer to “Buy America” or “Buy American,” that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, and manufactured products offered in the United States. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023 Page 4 A 3 . 1 . 2 C e r t i f i c a t i o n o f C o m p l i a n c e w i t h F A A B u y A m e r i c a n P r e f e r e n c e – E q u i p m e n t / B u i l d i n g P r o j e c t s As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101, and other Made in America Laws, U.S. statutes, guidance, and FAA policies by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a checkmark (✓) or the letter “X”.  Bidder or offeror hereby certifies that it will comply with 49 USC § 50101, BABA and other related U.S. statutes, guidance, and policies of the FAA by: a) Only installing steel and manufactured products produced in the United States; b) Only installing construction materials defined as: an article, material, or supply – other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber or drywall that have been manufactured in the United States. c) Installing manufactured products for which the Federal Aviation Administration (FAA) has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing; or d) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement, the bidder or offeror agrees: a) To provide to the Airport Sponsor or FAA evidence that documents the source and origin of the steel and manufactured product. b) To faithfully comply with providing U.S. domestic product. c) To furnish U.S. domestic product for any waiver request that the FAA rejects. d) To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified.  The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American Preferences of 49 USC § 50101(a) but may qualify for a Type 3 waiver under 49 USC § 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees: a) To submit to the Airport Sponsor or FAA within 15 calendar days of being selected as the responsive bidder, a formal waiver request and required documentation that supports the type of waiver being requested. b) That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination that may result in rejection of the proposal. c) To faithfully comply with providing U.S. domestic products at or above the approved U.S. domestic content percentage as approved by the FAA. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023 Page 5 d) To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. Required Documentation Type 2 Waiver (Nonavailability) - The iron, steel, manufactured goods or construction materials are not available in sufficient quantity or quality in the United States. The required documentation for the Nonavailability waiver is: a) Completed Content Percentage Worksheet and Final Assembly Questionnaire b) Record of thorough market research, consideration where appropriate of qualifying alternate items, products, or materials including; c) A description of the market research activities and methods used to identify domestically manufactured items capable of satisfying the requirement, including the timing of the research and conclusions reached on the availability of sources. Type 3 Waiver – The cost of the item components and subcomponents produced in the United States is more that 60 percent of the cost of all components and subcomponents of the “item”. The required documentation for a Type 3 waiver is: a) Completed Content Percentage Worksheet and Final Assembly Questionnaire including; b) Listing of all product components and subcomponents that are not comprised of 100 percent U.S. domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108 (products of unknown origin must be considered as non- domestic products in their entirety). c) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture. d) Percentage of non-domestic component and subcomponent cost as compared to total “item” component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture. Type 4 Waiver (Unreasonable Costs) - Applying this provision for iron, steel, manufactured goods or construction materials, would increase the cost of the overall project by more than 25 percent. The required documentation for this waiver is: a) Completed Content Percentage Worksheet and Final Assembly Questionnaire from b) At minimum two comparable equal bidders and/or offerors; c) Receipt or record that demonstrates that supplier scouting called for in Executive Order 14005, indicates that no domestic source exists for the project and/or component; d) Completed waiver applications for each comparable bid and/or offer. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023 Page 6 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 Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023 Page 7 A 4 C I V I L R I G H T S - G E N E R A L A 4 . 1 M A N D A T O R Y C O N T R A C T C L A U S E S GENERAL CIVIL RIGHTS PROVISIONS In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. If the Contractor transfers its obligation to another, the transferee is obligated in the same manner as the Contractor. The above provision obligates the Contractor for the period during which the property is owned, used or possessed by the Contractor and the airport remains obligated to the Federal Aviation Administration. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023 Page 8 A 5 C I V I L R I G H T S – T I T L E V I A S S U R A N C E A 5 . 1 M A N D A T O R Y S O L I C I T A T I O N C L A U S E A 5 . 1 . 1 T i t l e V I S o l i c i t a t i o n N o t i c e Title VI Solicitation Notice: The State of Vermont, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, [select businesses, or disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award. A 5 . 2 M A N D A T O R Y C O N T R A C T C L A U S E S A 5 . 2 . 1 T i t l e V I L i s t o f P e r t i n e n t N o n d i s c r i m i n a t i o n A c t s a n d A u t h o r i t i e s Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023 Page 9 private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087 (2005)]; • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq). A 5 . 2 . 2 N o n d i s c r i m i n a t i o n R e q u i r e m e n t s / T i t l e V I C l a u s e s f o r C o m p l i a n c e 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 Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 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 Nondiscrimination Acts and Authorities 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 Sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023 Page 10 information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non- discrimination provisions of this contract, the Sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Sponsor to enter into any litigation to protect the interests of the Sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023 Page 11 A 6 C L E A N A I R A N D W A T E R P O L L U T I O N C O N T R O L A 6 . 1 M O D E L C O N T R A C T C L A U S E CLEAN AIR AND WATER POLLUTION CONTROL Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC §§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 USC §§ 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. Contractor must include this requirement in all subcontracts that exceed $150,000. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023 Page 12 A 7 D E B A R M E N T A N D S U S P E N S I O N A 7 . 1 M O D E L B I D / P R O P O S A L C E R T I F I C A T I O N C L A U S E S A 7 . 1 . 1 B i d d e r o r O f f e r o r C e r t i f i c a t i o n CERTIFICATION OF OFFEROR/BIDDER REGARDING DEBARMENT By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. A 7 . 1 . 2 L o w e r T i e r C o n t r a c t C e r t i f i c a t i o n CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must confirm each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally-assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov. 2. Collecting a certification statement similar to the Certification of Offeror /Bidder Regarding Debarment, above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract. If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023 Page 13 A 8 D I S A D V A N T A G E D B U S I N E S S E N T E R P R I S E A 8 . 1 R E Q U I R E D P R O V I S I O N S A 8 . 1 . 1 S o l i c i t a t i o n L a n g u a g e ( S o l i c i t a t i o n s t h a t i n c l u d e a C o n t r a c t G o a l ) Bid Information Submitted as a matter of responsiveness: The Owner’s award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR § 26.53. As a condition of responsiveness, the Bidder or Offeror must submit the following information with its proposal on the forms provided herein: 1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract; 2) A description of the work that each DBE firm will perform; 3) The dollar amount of the participation of each DBE firm listed under (1); 4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under (1) to meet the Owner’s project goal 5) Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the prime contractor's commitment; and 6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. The documentation of good faith efforts must include copies of each DBE and non-DBE subcontractor quote submitted to the bidder when a non-DBE subcontractor was selected over a DBE for work on the contract. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023 Page 14 Bid Information submitted as a matter of responsibility: The Owner’s award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR § 26.53. As a condition of responsibility, every Bidder or Offeror must submit the following information on the forms provided herein within five days after bid opening. 1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract; 2) A description of the work that each DBE firm will perform; 3) The dollar amount of the participation of each DBE firm listed under (1); 4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under (1) to meet the Owner’s project goal; 5) Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the prime contractor's commitment; and 6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. The documentation of good faith efforts must include copies of each DBE and non-DBE subcontractor quote submitted to the bidder when a non-DBE subcontractor was selected over a DBE for work on the contract. A 8 . 1 . 2 S o l i c i t a t i o n L a n g u a g e ( R a c e / G e n d e r N e u t r a l M e a n s ) The requirements of 49 CFR part 26 apply to this contract. It is the policy of the Vermont Agency of Transportation to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. A 8 . 1 . 3 P r i m e C o n t r a c t s ( C o n t r a c t s C o v e r e d b y a D B E P r o g r a m ) Contract Assurance (49 CFR § 26.13; mandatory text provided) – The Contractor, subrecipient 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 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 such other remedy as the recipient deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages; and/or 4) Disqualifying the Contractor from future bidding as non-responsible. Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on May 24, 2023 Page 15 Prompt Payment (49 CFR § 26.29; acceptable/sample text provided) – The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 7 days from the receipt of each payment the prime contractor receives from Vermont Agency of Transportation. The prime contractor agrees further to return retainage payments to each subcontractor within 30 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 Vermont Agency of Transportation. This clause applies to both DBE and non-DBE subcontractors. Termination of DBE Subcontracts (49 CFR § 26.53(f); acceptable/sample text provided) – The prime contractor must not terminate a DBE subcontractor listed in response to Bid Information Submitted as a matter of responsiveness (or an approved substitute DBE firm) without prior written consent of Vermont Agency of Transportation. This includes, but is not limited to, instances in which the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non-DBE firm, or with another DBE firm. The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains written consent Vermont Agency of Transportation. Unless Vermont Agency of Transportation consent is provided, the prime contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. [Name of Recipient] may provide such written consent only if Vermont Agency of Transportation agrees, for reasons stated in the concurrence document, that the prime contractor has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53. Before transmitting to Vermont Agency of Transportation its request to terminate and/or substitute a DBE subcontractor, the