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P.O. Box 362829 San Juan, PR 00936-2829 www.prpa.pr.gov
REQUEST FOR QUALIFICATIONS
Project Management, Construction Management and Support Services for the
Reconstruction of Runway 8-26 at
Rafael Hernández Airport (BQN), Aguadilla, Puerto Rico
Date of Issue: March 11, 2020
Response date: April 30, 2020 at 3:00 p.m. (15:00) AST
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Table of Contents
A. Scope of Work………….…………………………………………………………….... 4
B. Instructions……………...…………………………………………………………….… 6
C. Evaluation……………………………………………………………………….………. 9
D. Protest Procedure……………………………………………………………………... 11
E. General Conditions ……….…………………………………………….…………… 12
F. Federal Aviation Administration Contract Clauses……………………………… 14
G. Forms Provided…………………………………………………….……………….…. 19
H. Airports Work Area………………………………….…………………………….…. 20
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REQUEST FOR QUALIFICATIONS
Professional Architectural/Engineering Services The Puerto Rico Ports Authority (PRPA) invites engineering firms with expertise in airports to submit “Statements of Qualifications” (SOQ) to provide Project Management/Construction
Management(PM/CM) and support services for the Reconstruction of Runway 8-26 at Rafael Hernandez Airport (BQN), Aguadilla, Puerto Rico. A qualification based selection process conforming to FAA Advisory Circular 150/5100-14e will be utilized to select the most qualified firm. Firms interested in providing the requested services shall submit their statement of qualifications (SOQ) and experience along with references in accordance with the Instructions included on this Request for Qualifications (RFQ), no later than, April 30, 2020. This contract is subject but not limited to the following federal provisions:
Title VI of the Civil Rights Act of 1964, Section 520 of the Airport and Airway Improvement Act of 1982 DOT Regulation 2 CFR Part 200 (i) - Access to Records DOT Regulation 49 CFR Part 20 - Lobbying and Influencing Federal Employees DOT Regulation 49 CFR Part 26 -Disadvantage Business Enterprises Participation. DOT Regulation 2 CFR Part 180– Government-wide Debarment and Suspension DOT Regulation 49 CFR Part 30 - Federal Trade Restriction Clause
The complete RFQ documents can be obtained at Puerto Rico Ports Authority Engineering Office located at #64 Lindbergh St., Isla Grande, (Antigua Base de Miramar), San Juan, or downloaded at http://www.prpa.pr.gov/oportunidadesdenegocio. Additional questions regarding this RFQ
shall be addressed by email at: [email protected]. Offerors participating in the RFQ processes should complete the following Offeror Registration Form and send it by email to: [email protected] or.
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A. Scope of Service
The Construction Project
The Construction works are the construction of a new permanent 11,000 feet by 200 feet AC runway, 500 feet south of existing Runway 8-26 centerline, shifted 862 feet east of current alignment. Convert existing Runway 8-26 to full length-parallel taxiway. Demolish existing airport buildings to the south of the proposed Runway alignment that would be located within the proposed Runway Object Free Areas and primary/transitional surfaces. Perform pavement demolition and install connecting taxiways as required. The Airport Operations must be maintained during the development of the project. Construction Program Manager Scope of Work ROLE OF THE PRPA PROJECT MANAGER (PM)
The PRPA's PM/CM will be responsible for coordinating the procurement of Design-
Build services as well as overseeing the engineering/inspection/construction of the
project. A team approach, with a PM from Production and a PM from Operations, is a
viable solution to fulfilling the responsibilities associated with this role. The
responsibilities may include, but are not limited to:
Working with PRPA Engineering Division, the Federal Aviation Administration
and other appropriate offices in establishing the Project Oversight Team
Coordinating with the Federal Aviation Administration representative on
oversight and other matters as required
The PM/CM shall be the agent of the PRPA in performing its Services and shall
have a fiduciary obligation of undivided loyalty and trust to the PRPA in
connection therewith. Unless otherwise directed by the PRPA in writing, the
PM/CM shall act as the PRPA's representative to all stakeholders involved
in the project.
All communications between or among the PRPA, Contractors, Suppliers,
subcontractors, and the Design-Build AE shall be communicated through the
PM/CM who shall promptly forward such communications and relevant
documentation to the other parties in accordance with the PRPA's directions
and policies. All communications between the PM/CM and the PRPA relating
to the Project or this Scope pf work shall be in writing.
Preparing and maintaining the Master Schedule for the Project. Should the
PM/CM, at any time during the course of the Project, have reason to believe
that the PM/CM, the Design-Build AE, Contractor or any Supplier will be
unable to meet a completion date of any activity which is on the critical path
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of the Project or which may delay any Contractor, Supplier, the Design-Build
AE, or the progress of the Project, the PM/CM shall immediately notify the
PRPA in writing, stating the reason for the delay, describing steps being
taken to remedy the delay, and recommending steps for eliminating or
reducing the extent and impact of such delays.
During the Design Phase of the Project, and continuing during the
Construction Phase where necessary or appropriate to further the interests
of the PRPA and the Project, the PM/CM shall render Services which
support the services to be rendered by the Design-Build AE, including
design review, Project planning, and the specific Services.
The PM/CM shall consult with and advise the Design-Build AE and the
PRPA concerning cost, schedule, constructability, and other issues relevant
to the completion of the Project, including value design and engineering,
advantages and disadvantages of proposed materials, building systems,
and equipment, construction feasibility, availability of materials and labor,
time requirements for installation, construction scheduling alternatives,
future expandability of the Project, life cycle costs, ease of maintenance,
longevity of service, economy of operation, operational capabilities in the
case of extended loss of external utility services, and means of achieving
conformance with the PRPA’s Project objectives.
The PM/CM shall provide, when and as requested by the PRPA’s
Representative, written constructability analyses of the Project, including
items to be addressed with the Design-Build AE such as accessibility,
construction methods, assembly, installation, materials handling,
expandability, phasing and other Construction Phase-related activities. The
analysis of constructability issues shall be performed on an ongoing basis
during the entire Design Phase.
The PM/CM shall implement, in consultation with the Design-Build AE and
the PRPA, a system to minimize and control design modifications. The
system is to document modifications and the reasons for the modifications.
The PM/CM shall assist the PRPA and the Design-Build AE, as and when
requested by the PRPA, in making a series of formal presentations of design
concepts, cost studies, site evaluation, and other data developed in relation
to the Project to various management levels of the PRPA as well as to local
planning and zoning bodies and other external entities.
Ensuring that appropriate documentation takes place at each step in the
process
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Working with appropriate stakeholders to develop supplemental agreements if
applicable
Ensuring that all environmental commitments are followed
Coordinating the review of the Design-Build Firm's submittals by PRPA during
design and construction
Ensuring that proper Construction Engineering and Inspection (CEI) is
performed during construction. Perform all the responsibilities of the Resident
Project Representative as described in FAA AC No. 150/5370-10H or most
recent edition.
Ensuring that the Design-Build Firm's Quality Control (QC) plan is being
followed
Ensuring Materials Acceptance Program requirements are met as described in
FAA AC No. 150/5370-10H or most recent edition.
Testing Services: The CM/PM shall be tasked to provide the services of an independent testing agency/laboratory to perform project specific Quality Assurance (QA) testing and inspection services. The services may include, but are not limited to, testing/inspection of soils, asphalt, concrete, precast and concrete connections. All specific testing requirements are
described in FAA AC No. 150/5370-10H or most recent edition.
o Testing services shall be coordinated with on-going work at the project site for efficient performance and so as not to delay work in
progress.
o The CM/PM shall monitor all independent testing services procured under this contract, and immediately notify the PRPA in writing of any inadequate processes and/or materials not meeting construction
requirements.
o Independent testing service agents, including testing laboratories, must
be pre-qualified by the American Council of Independent Laboratories
and be capable of demonstrating that they specialize in the types of
inspections and tests to be performed.
Performing daily routine inspections of construction as work proceeds, taking
action to identify work to the PRPA that does not conform to the contract
requirements, and notifying the PRPA when work is thought to require
correction
Reviewing and approving periodic progress payments
Monitoring MBE/DBE participation
Ensuring the PRPA receives final documents as specified in the contract
Claims Services. The CM/PM may be tasked to provide Claims Services when and as required by the PRPA. For definition purposes, Claims
Services apply to providing technical support (not legal assistance) in
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handling disputed matters once a contractor has made written demand for
payment or other relief under the contract and submitted it. A claim does
not arise solely upon the occurrence of a dispute or controversy. In relation to Claims Services, the CM/PM will review disputes and claims from the A-
E and/or construction contractor(s) and render all assistance that the PRPA
requires, including, but not limited to, the following:
o Furnishing reports with supporting information necessary to resolve
disputes or defend against the claims.
o Prepare and recommend PRPA negotiation of change orders and
supplemental agreements, preparing independent cost estimates.
o Review and evaluate proposed change orders. Review estimates for
reasonableness and cost effectiveness and render
recommendations to the owner.
o Preparation and assembly of appeal files.
o Participation in meetings or negotiations with claimants.
o Appearance in legal proceedings.
o Preparation of cost estimates for use in claims negotiations.
o Preparation of risk assessments/analyses relative to claim
exposures.
o Preparation of findings of fact and any other documentation required
by the Government.
Post Construction Phase
o Evaluate completion of work and recommend to the owner when work is ready for final inspection.
o Conduct final inspection/walk through with owner staff, maintenance/service personnel and project architect/design consultant.
o Issue preliminary and final punch list, including schedule for punch list completion. Monitor and follow through with contractor until completion of all punch list items.
o Secure and transmit required guarantees, certifications, affidavits, leases, easement deeds, operating &maintenance, operating and maintenance manuals, warranties and other documents as stipulated in contract documents.
o Review and process contractor’s request for final payment and release of retention.
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o Deliver project to owner. The PM/CM shall provide assistance to the PRPA in the transfer of the completed Project, and all portions thereof, from the Design-Builder to the PRPA. Such assistance shall include procuring titles and warranties where applicable, procuring keys to the Project, transferring Project security, procuring operations and maintenance manuals and instructions, procuring supplies, start-up of Project systems, and such other matters as may relate to the PRPA's initial occupation, possession, and use of the Project or any part thereof.
During Design Phase, the PM must rely heavily on a multi-disciplined team in order to
oversee the design, construction, and CEI of the project.
PROJECT DOCUMENTATION
1. Basic Project Documentation The PM/CM shall maintain the following
documents on behalf of and for the use of the PRPA:
a. A complete set of current Construction Contracts and the Design for
Construction, including a current set of drawings, specifications, Change
Orders and modifications reflecting product and materials selections and
as-built conditions on the Project;
b. All shop drawings, samples, product data, and other Submittals;
c. a clean set of the principal building layout lines, elevations of the bottom
of footings, floor levels, and key site elevations certified by a qualified
surveyor or engineer;
d. all required insurance certificates from Contractors; and
e. all other documents required by this Scope pf work.
2. Daily Log. The PM/CM shall maintain a log of daily reports (“Daily Log”) which
shall identify daily weather conditions and any impact on the Work caused
thereby, all Contractors, Suppliers and subcontractors working each day and
the number of employees of each on the Project, the Work accomplished each
day, any equipment failures or breakdowns, any procurement or delivery
problems, any job site accidents or injuries, any safety or environmental
violations, warnings or citations, and any other events, circumstances, or
occurrences impacting the progress or cost of the Project.
3. Monthly Reports. Each month the PM/CM shall prepare and submit to the
PRPA’s Representative a written report detailing the progress of the Project
(the "Monthly Report"). The Monthly Report shall contain the PM/CM's
estimate of percentage of completion of the Project and each element thereof,
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identify any and all delays to the Project and the cause and extent thereof and
describe the remedial measures being taken to overcome such delays, identify
any defective or deficient Work installed during the preceding month and
describe the remedial measures being taken to correct the defective or deficient
Work, identify any outstanding requests for information or clarification, requests
for interpretation, Change Order requests, questions, or other matters requiring
the response of either the PRPA, the PM/CM, or the Design-Builder, and shall
include any and all other information required to fully inform the PRPA of the
status of the Project and the performance of the PM/CM, the Design-Builder
and all Contractors and Suppliers. The Monthly Report shall include the
Construction Schedule updates, updated cash flow forecasts, and updated
comparisons of actual and estimated construction costs to the Construction
Cost Estimates as required by the terms of this Scope of work.
4. Review and Assignment of Warranties. The PM/CM shall obtain and shall
transmit to the PRPA’s Representative all special product, system, equipment
or material warranties required by the Design-Built Contract. The PM/CM shall
review all such warranties to confirm that the warranties are in compliance with
the requirements of the Contracts.
5. Operations and Maintenance Documentation. The PM/CM shall obtain from
the Design-Builder and Suppliers and transmit to the PRPA’s Representative
all documentation regarding the operation and recommended maintenance
programs relating to the various elements of the Project. Such documentation
shall be furnished to the PRPA’s Representative in uniform three-ring binders
labeled with the Project name and number.
6. Review and Approval of As-Built Drawings. The PM/CM shall review all as-built
drawings provided by the Design-Builder and shall confirm to the PRPA that
such drawings are adequate and complete and in compliance with the
requirements of the Construction Contracts.
7. Availability of Project-Related Records to The PRPA. All records relating
directly or indirectly to the Project which are in the possession or control of the
PM/CM shall be made available to the PRPA, its designee, and any
governmental PRPA for audit, inspection, and copying upon request of the
PRPA’s Representative. Such records include, without limitation: all drawings,
specifications, Submittals, Contractor bids, the Daily Log, correspondence, the
Request Log, the Submittal Log, minutes, memoranda, tape or videotape
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recordings, and other writings or things which document the Project, its design,
and its construction.
8. Maintenance of Project-Related Records. The PM/CM shall maintain and
protect all Project-related records, other than those required to be returned to
the PRPA, for no less than five (5) years after Final Completion of the Project
and for any longer period of time as may be required by law or good
construction management practice.
9. Project Videotapes and Photographs. If requested by the PRPA’s
Representative, the PM/CM shall record periodic narrated videotapes or take
photographs depicting progress of the Work. Any specific safety or
environmental incidents are to be videotaped at the time of the incident without
waiting for the PRPA’s authorization. All videotapes and photographs shall be
submitted to the PRPA’s Representative on a weekly basis and copies of them
shall be included in the monthly Report.
10. Digital and physical Copies of all the project documents will be provided to the
PRPA upon the completion and final acceptance of the project
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B. Instructions
Firms interested in providing the requested services shall submit one CD or DVD with an electronic PDF file and one (1) hard copy of their Statement of Qualifications (SOQ), no later than, April 30, 2020 3:00PM. Additional questions regarding this RFQ shall be addressed to [email protected]. Cover letter shall be addressed to:
Joel A. Pizá Batiz, Esq. Acting Executive Director
Puerto Rico Ports Authority
To the attention of:
Romel Pedraza, P.E Assistant Executive Director for
Planning, Engineering and Construction If delivered by mail, Statement of Qualifications (“SOQ”) must be addressed to:
Puerto Rico Ports Authority Sección de Archivo y Correo
PO Box 362829 San Juan, P.R. 00936-2829
Submittals shall be enclosed in a sealed manila envelope properly addressed and marked: "Statements of Qualifications”, Firm’s name and mail address. When sent by mail, each manila envelope containing documents shall be properly wrapped or enclosed within an outer envelope properly addressed and also marked as above indicated, to prevent premature opening. The mail services stamped date will be considered as the delivery date. If delivered by hand, Proposals must be delivered to the “Sección de Archivo Central y Correo” located at the Puerto Rico Ports Authority Main Building, #64 Lindbergh St., Isla Grande, (Antigua Base Naval de Miramar), San Juan on or before the date and time above indicated.
Regardless of the circumstances, Proposals sent by fax, email or other electronic means will not be accepted; these will be automatically rejected / disqualified.
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Proposals delivered after the specified deadline or delivered wrong will be will be rejected / disqualified. Late Proposals will be returned to the submitting firm unopened with the notation.
Submittal Content. The following information shall be included in the envelope to be submitted by the Firm: 1. Introductory letter - Introductory Letter, signed by an authorized representative, of no
more than two (2) pages, containing the following office information:
a. Project title: SOQ for Construction Management and Support Services for the Reconstruction of Runway 8-26 at Rafael Hernández Airport (BQN), Aguadilla, Puerto Rico
b. Firm’s name c. Mailing and physical address d. Contact person e. Phone numbers f. Brief project approach and executive presentation.
2. Firm’s experience on similar projects - Provide a list of at least three (3) projects that
demonstrate the firm’s experience as a program manager for project of similar scope and magnitude. on within the last five (10) years. For each project, the list must include: project name, a brief scope of work, and a reference’s contact person with email address or phone number. Limit responses to a maximum of three (3) pages. At least one of the projects must be a design build of at least $ 20,000,000 value.
3. Firm’s capabilities for project’s execution - Provide a brief description of the firm office(s) that will lead the project. Indicate the personnel who would serve as the project leader and specialist: specific experience for each person on relevant projects and if they are available to work during the period needed, or their current workload. Indicate if the firm has a local office and the number of personnel; also indicate how the firm management will substantially undertake the work production and the different task: design /construction. Mention how the firm will address the required scope and provide description how the project team will be organized.. This section should also address the percentage of work that will be performed directly by its own personnel; identify all proposed local sub-consultant and the task that each will be performing, also the sub-consultant’s qualifications. Disadvantage Business Enterprise (DBE) participation of each if applicable.
4. Personnel qualifications - Provide qualification of personnel who will serve directly in key positions for projects, including licenses, certifications, resumes and professional associations. Describe the experience of the personnel to be assigned in the construction phase, working with the administration of Puerto Rico’s standard government construction contracts (“Uniform General Conditions for Public Works”). Limit responses to a maximum of five (5) pages.
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5. Puerto Rico Government Documentation:
Copy of Certificate of Authorization to Do Business in Puerto Rico, from the Puerto Rico Department of State, in case of Foreign Corporations.
Copy of Certificate of Registration, from the Puerto Rico State Department, in case of Corporations.
Copy of Form SC2918 “from the Treasury Department, in case of Partnership and Individuals.
6. Federal Government Documentation:
Certification Regarding Debarment, Suspension and Other Responsibility Matters – Primary Covered Transactions (Form included).
Certification for Disadvantage Business Enterprise (DBE) Annual State Goal (Form included).
Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements.
Certification for No Conflict of Interest, Goal (Form included).
Failure to comply with any of the requirements herein contained may result in the disqualification of the Firm.
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C. Evaluation Statement of Qualification Each statement of qualification will be examined by Selection Committee for compliance with the requirements stated in Section B. From the experience and qualification data obtained from consultants, the Selection Committee will prepare a pre-selection short-list of the best qualified consultants. Utilizing the Qualifications Evaluation Sheet included bellow the Selection Committee will establish an order of qualification of the short listed Firm. The Firms will be evaluated on the basis to perform successfully all services described. The evaluation consists of the: professional qualifications, airport pavement expertise, the capacity to deploy the necessary resources, and undertake the projects among other criteria. For the purpose of development this SOQ, firms may not enter on any efforts to obtain information from the PRPA, such as: preliminary studies, airport information, and/or other internal information. SOQ shall be specific to the requirements stated in Section B. Site visits, and technical data will be shared with the Firms during the negotiation phase.
QUALIFICATIONS EVALUATION SHEET
Rating Criteria Possible Score Result
Capabilities to undertake the required tasks 1 - 25
Personnel Qualifications 1 - 20
Project management expertise of the lead professional who would serve the project
1 - 20
Available and desirable resources 1 - 15
Familiarization with local construction industry, materials, regulations, and permitting structure
1 - 15
Airport Project Familiarization 1 - 5
Total Result -
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Economic Proposal PRPA will initiate discussion with the first-ranked consultant to fully define the scope of work and services to be provided. After agreement on a detailed scope of services has been reached, PRPA will initiates an economic proposal negotiation with the firm first-ranked. In the event the Committee cannot negotiate a satisfactory contract fee with the first-ranked Firm, negotiations will be terminated with that Firm and will then begin negotiations with the next second-ranked Firm and subsequently until reach a reasonable fee. This process will continue until satisfactory contractual arrangements with a Firm have been reached. Immediately after the selection, the Firms shall be notified of the final selection results through letters.
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Protest Procedure
A protest must be submitted by an interested Party no later than ten (10) business days after the allegedly aggrieved person or party is notified of contract award. All protest must be in writing and shall include three (3) copies contain the following:
1. The procurement title and/or number under which the protest is made.
2. Name and address of the allegedly aggrieved party.
3. A detailed description of the specific grounds for the protest and all supporting documentation.
4. The specific ruling or relief requested.
5. The written protest shall be addressed to:
Giuliano Villanoba Filiberty
Assisstant Executive Director for Administration PO Box 362829
San Juan, P.R. 00936-2829
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D. General Conditions:
1. The PRPA reserves the right to initiate additional procurement action for any of the services described in this RFQ.
2. The Project Manager assigned to this contract shall be certified Professional Engineer (PE). In the event the engineer assigned to this contract is a PE registered in a State other than PR, engineers shall request reciprocity if awarded to perform the contract.
3. Communications with PRPA’s regarding any matter related to the contents of this RFQ are prohibited during the submission and selection processes. Failure to comply with these communications restrictions will result in rejection of the firm’s proposal.
4. A Firm responding to this RFQ understands and agrees that in the event that a Firm is selected the firm must maintain the following insurance coverage policies. • Workmen's compensation insurance required for this type of work, covering the period
of time of the construction (“Fondo del Seguro del Estado”) • Public Liability Insurance ($1,000,000) and a hold harmless agreement in favor of the
PRPA. General Liability Automobile Liability
• Professional Liability Insurance with minimal coverage in the amount of one million
dollars ($1,000,000).
5. A Firm responding to this RFQ understands and agrees that in the event that a Firm is selected for the contract the firm must submit in the next ten (10) days of notification the following legal contract documents:
Corporate Resolution Authorizing the Person who will sign the contract.
Negative Child Support No Debt Certification (ASUME) from company and company partners individual.
Negative Property Tax Debt Certification (CRIM)
Treasury Department Forms: SC 6088, SC 2942, SC 6096, SC 2918
Negative No Debt Certification from: “Fondo del Seguro del Estado”
Or Certificate of Puerto Rico General Services Administration (ASG)
6. Firms understand that issuance of this RFP does not constitute a commitment by PRPA to award a contract. PRPA reserves the right to accept or reject, in whole or part, and without further explanation, any or all Proposals submitted and/or cancel this solicitation and reissue this RFP or another version of it, including, but not limited to, if it deems that doing so is in the best interests of the Government of Puerto Rico.
7. A Firm responding to this RFQ understands and agrees that in the event that their
Firm is selected, is subject to the law No. 84 of 18 June 2002. It establishes a code of conduct that regulates the ethics conduct of the (as) contractors and suppliers of goods or services with the Executive of the Commonwealth of Puerto Rico and applicant economic incentive agencies.
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8. A Firm responding to this RFQ understands and agrees that in the event that their Firm is selected, the firm is subject to FAA’s Federal Contract Provisions Included on Section F.
9. The PRPA is not responsible for any costs, or expenses incurred in the preparation of this SOQ.
10. The PRPA reserves the right to make investigations when perceived any conflicts of interest of any firms submitting proposals in response to this RFP. The mere appearance of a conflict of interest shall constitute sufficient cause for the outright rejection of an SOQ.
11. Responses to this RFQ are public records available for inspection by the public upon issuance of the Authority’s Notice of Intended Selection.
12. Any interpretation or correction will be issued as an Addendum by the PRPA. Only a written interpretation or correction by Addendum shall be binding. Firms shall not rely upon any verbal interpretation or correction given by any other method.
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E. Federal Aviation Administration Contract Clauses (which applies):
CIVIL RIGHTS ACT OF 1964, TITLE VI – CONSULTANT CONTRACTUAL REQUIREMENTS
During the performance of this contract, the Consultant, for itself, its assignees and
successors in interest agrees as follows:
1.1 Compliance with Regulations. The Consultant shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.
1.2 Nondiscrimination. The Consultant, with regard to the work performed by it
during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.
1.3 Solicitations for Subcontracts, Including Procurements of Materials and
Equipment. In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
1.4 Information and Reports. The Consultant shall provide all information and
reports required by the Regulation or directives issued pursuant thereto and shall 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 (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information.
1.5 Sanctions for Noncompliance. In the event of the Consultant's noncompliance
with the nondiscrimination provisions of this contract, the Sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to:
a. Withholding of payments to the Consultant under the contract until the
Consultant complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part.
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1.6 Incorporation of Provisions. The Consultant shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.
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AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 - GENERAL CIVIL RIGHTS PROVISIONS The Consultant assures that it will comply with pertinent Federal statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. In the case of Consultants, this provision binds the Consultants from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. DISADVANTAGED BUSINESS ENTERPRISES Contract Assurance (§26.13) – The Consultant and their subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Prompt Payment (§26.29) - The Consultant agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than [specify number] days from the receipt of each payment the Consultant receives from [Name of recipient]. The Consultant agrees further to return retainage payments to each subcontractor within [specify the same number as above] 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 [Name of Recipient]. This clause applies to both DBE and non-DBE subcontractors. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (1) No Federal appropriated funds shall be paid, by or on behalf of the Consultant, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the Consultant shall complete and submit Standard Form-LLL, “Disclosure of Lobby Activities,” in accordance with its instructions.
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ACCESS TO RECORDS AND REPORTS The Consultant shall maintain an acceptable cost accounting system. The Consultant agrees to provide the Sponsor, 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 Consultant which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Consultant 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. RIGHTS TO INVENTIONS All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the Sponsor of the Federal grant under which this contract is executed. TRADE RESTRICTION CLAUSE The Consultant or their subcontractors, by execution of a contract, certifies that it: a. Is not owned or controlled by one or more citizens of a foreign country included in the list
of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR);
b. Has not knowingly entered into any contract or subcontract for this project with a person
that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list;
c. Has not procured any product nor subcontracted for the supply of any product for use on
the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a Consultant or subcontractor who is unable to certify to the above. If the Consultant knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the Consultant agrees that it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The Consultant may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The Consultant shall provide immediate written notice to the sponsor if the Consultant learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the Consultant if at any time it learns that its certification was erroneous by reason of changed circumstances.
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This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Consultant or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. Additional Federal Provisions Required for A/E Contracts exceeding $10,000 TERMINATION OF CONTRACT
a. The Sponsor may, by written notice, terminate this contract in whole or in part at any
time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor.
b. If the termination is for the convenience of the Sponsor, an equitable adjustment in the
contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services.
c. If the termination is due to failure to fulfill the Consultant’s obligations, the Sponsor
may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the Sponsor for any additional cost occasioned to the Sponsor thereby.
d. If, after notice of termination for failure to fulfill contract obligations, it is determined
that the Consultant had not so failed, the termination shall be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this clause.
e. The rights and remedies of the sponsor provided in this clause are in addition to any
other rights and remedies provided by law or under this contract.
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Additional Federal Provisions Required for A/E Contracts exceeding $25,000 CERTIFICATION REGARDING DEBAREMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
The Consultant certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by acceptance of this contract that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Consultant or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this agreement. Additional Federal Provisions Required for A/E Contracts exceeding $100,000 BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the Consultant or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available there under shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
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F. Forms Provided
1. Offeror Registration Form
2. Certification Regarding Debarment, Suspension and Other Responsibility Matters – Primary
Covered Transactions
3. Certification for Disadvantage Business Enterprise (DBE) Annual State Goal (Form included)
4. Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements
5. Certification for No Conflict of Interest
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Offeror Registration Form
Offerors participating in the RFQ processes should complete the following Offeror Registration Form and send it by email to: [email protected] or bring a hard copy to “Sección de Archivo Central y Correo” located at the Puerto Rico Ports Authority Main Building, #64 Lindbergh St., Isla Grande, (Antigua Base Naval de Miramar: PRPA in Puerto Rico Ports Authority by __________ __, 2020.
First Name Last Name
Title
Company
Address
City State Zip Code Country
Email Work Phone Number Cell Phone Number
All RFP update information will be sent by email and posted to our website http://www.prpa.pr.gov/oportunidadesdenegocio
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P.O. Box 362829 San Juan, PR 00936-2829 www.prpa.pr.gov
CERTIFICATION BY CONTRACTOR
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSABILITY MATTERS - PRIMARY COVERED TRANSACTIONS
The Contractor ___________________________________, certifies to the best of it knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency;
2. Have not within a three year period preceding this proposal been convicted of or has a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charge by a governmental entity
(Federal, State or Local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
4. Have not within a three year period preceding this application/proposal had one or more public
transactions (Federal, State or Local) terminated for cause or default. Executed this ____________________day of __________________, 20____ By: ___________________________________ (Signature of Authorized Official) ___________________________________ (Title of Authorized Official)
Design Build Services for Runway 8-26 Reconstruction Rafael Hernandez Airport
ATTACHMENT H - CERTIFICATION FOR DBE ANNUAL STATE GOAL
The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the PRPA to practice nondiscrimination based on race, color, sex or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders, including those who qualify as a Disadvantaged Business Enterprise (DBE).
The PRPA has established a DBE contract goal for this contract. The Bidder/Offeror shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26, to subcontract 10% of the dollar value of the prime contract to certified DBE firms as defined in 49 CFR Part 26. All bidders shall submit the following information with their proposal on the forms provided:
1. The names and addresses of 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 participating;
4. Written documentation of the Bidder/Offeror’s commitment to use a DBE subcontractor whose participation it submits to meet the contract goal;
5. Written confirmation from the participating DBE firms verifying their intent to participate in
the project (i.e. Letter of Intent)
6. Evidence of good faith efforts undertaken by the bidder, as described in appendix A to 49 CFR Part 26
Note: Per Federal Regulation 49 CFR Part 26.53.b.3, sponsors have the discretion to require the bidder to submit the DBE confirmation as a matter of bid responsiveness or any time prior to commitment to performance of the work (contract award). The solicitation should explicitly state when all DBE information is to be submitted.
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DBE UTILIZATION FORM
The undersigned Bidder/Offeror has satisfied the requirements of the solicitation in the following
manner (please check the appropriate space):
The Bidder/Offer is committed to a minimum of 34% DBE utilization on this contract.
The Bidder/Offeror (if unable to meet the DBE goal of 34%) is committed to a minimum of
________% DBE utilization on this contract and submits documentation demonstrating good
faith efforts.
DBE PARTICIPATION SCHEDULE
The Bidder/Offeror shall complete the following information for all DBE’s participating in the contract
that comprises the DBE Utilization percent stated in the DBE Utilization Form. The Bidder/Offeror shall
also furnish the name and telephone number of the appropriate contact person should the Authority
have any questions in relation to the information furnished herein.
DBE IDENTIFICATION AND INFORMATION FORM
Name and Address
Contract Name
and Telephone
Number
Participation
Percent (Of Total
Contract Value)
Description of
Work To Be
Performed
Race and Gender
of Firm
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P.O. Box 362829 San Juan, PR 00936-2829 www.prpa.pr.gov
CERTIFICATION REGARDING LOBBYING
FOR
CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any Federal contract grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities" in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 21, U.S. Code. Any Person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Firm Name:
Signature of Authorized Official:
Title of Authorized Official:
Date:
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P.O. Box 362829 San Juan, PR 00936-2829 www.prpa.pr.gov
CERTIFICATION FOR NO CONFICT OF INTEREST
Under penalty of absolute nullity, I certify that no public servant of the Puerto Rico Ports Authority
(PRPA) is part or has any interest in the profits or benefits produced under any contracts object
of this RFQ and that if it is part or has any interests in the profits or benefits produced under
contracts, a previous exemption was obtained. The only consideration to provide goods or
services to the PRPA under any contract object of this RFQ will be the payment to be agreed with
the authorized representative of the agency.
Sign: _______________________ Date:_____________________
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