0. Solicitation - FA468624R0003 - 24 Mar 24.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

Created On:

24 Mar 2024, 17:49 PM Central Daylight Time

AWARD (To be completed by Government)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Section A - Solicitation/Contract Form

Transportation and Paving IDIQ

Product Service Code: Z2LB

FA468624R0003

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Estimated Quantity

Unit Unit Price Amount

IDIQ Base Ordering Period, Contractor will follow all contractual terms, conditions, and attachments.

Product Service Code: Z2LB Pricing Arrangement: Firm Fixed Price

1 Lot

Additional Descriptive Data:

Ordering Limit Maximum: $2,5000.00 Minimum: $8,000,000.00

Option Line Item

Option 1, Contractor will follow all contractual terms, conditions, and attachments.

Product Service Code: Z2LB Pricing Arrangement: Firm Fixed Price

1 Lot

Section C - Description/Specifications/Statement of Work

Requirements The Contractor shall furnish all design, labor, equipment, material, manufactured articles, transportation, supervision, and all other necessary items to accomplish the combinations of design, repair, or construction of airfield and general paving work under the Transportation and Paving IDIQ.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.246-12 Inspection of Construction. Aug 1996

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: FA4686 CountryCode: USA

FA4686 9 CONS PKP

ADMIN ONLY NO REQTN CP 530 634 2203, 6500 B ST RM 101

BEALE AFB, CA 95903-1702

UNITED STATES

Makenna Watkins Email: makenna.watkins@us.af.mil

Option Line Item

Inspection and Acceptance Location

Both Destination

DoDAAC: FA4686 CountryCode: USA

FA4686 9 CONS PKP

ADMIN ONLY NO REQTN CP 530 634 2203, 6500 B ST RM 101

BEALE AFB, CA 95903-1702

UNITED STATES

Makenna Watkins Email: makenna.watkins@us.af.mil

Section F - Deliveries or Performance

Overall Contract Delivery Period

From date of lead time event to beginning of performance 10 Calendar Days Date of Notice to Proceed Receipt

From date of lead time event to completion of performance 1825 Calendar Days Date of Notice to Proceed Receipt

Line Item Delivery Schedule Estimated Quantity

Address and POC

Delivery Schedule From date of lead time event to completion of performance 5 Calendar Year Date of Award

1 Lot Place of Performance DoDAAC: FA4686 CountryCode: USA

FA4686 9 CONS PKP

ADMIN ONLY NO REQTN CP 530 634 2203,

6500 B ST RM 101

BEALE AFB, CA 95903-1702

UNITED STATES

Makenna Watkins Email: makenna.watkins@us.af.mil

Option Line Item

Delivery Schedule From date of lead time event to beginning of performance 4 Calendar Year CLIN Only - Date of Option Exercised

1 Lot Place of Performance DoDAAC: FA4686 CountryCode: USA

FA4686 9 CONS PKP

ADMIN ONLY NO REQTN CP 530 634 2203,

6500 B ST RM 101

BEALE AFB, CA 95903-1702

UNITED STATES

Makenna Watkins Email: makenna.watkins@us.af.mil

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.242-17 Government Delay of Work. Apr 1984

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.

WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s): Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Per Task Order

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Construction and Facilities Management Invoice

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.

when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F87700

Issue By DoDAAC FA4686

Admin DoDAAC FA4686

Inspect By DoDAAC FA4686

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) FA4686

Service Acceptor (DoDAAC) FA4686

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

This information will be specified at the Task Order level

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section H - Special Contract Requirements

Section I - Contract Clauses

Clause(s) Added by Full Text:

52.232-16 Progress Payments.

As prescribed in , insert the following clause: (a)32.502-4

Progress Payments (Nov 2021)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the , under the following conditions: Contracting Officer

(a) Computation of amounts.

(1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The will consider cost of money that would be Contracting Officer allowable under Federal Regulation (FAR) as an incurred cost for progress payment purposes. Acquisition 31.205-10

(2) The amount of financing and other payments for and services purchased directly for the contract are limited to the amounts that have been supplies paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors-

(i) In accordance with the terms and conditions of a subcontract or ; and invoice

(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless-

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid be excluded from the Contractor's total costs for progress payments until paid). shall

(4) The Contractor not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause: shall

(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.

(ii) Costs incurred by subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to or amortization except for the properly depreciated or amortized portion of such costs. depreciation

(iv) Payments made or amounts payable to subcontractors or suppliers, except for-

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

(5) The amount of unliquidated progress payments exceed neither (i) the progress payments made against incomplete work (including allowable may unliquidated progress payments to subcontractors) nor (ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the supplies Government are incomplete.

(6) The total amount of progress payments not exceed 80 percent of the total contract price. shall

(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by paragraphs (a)(4) or (a)(5) of this clause, the Contractor repay the amount of such excess to the Government on demand. shall

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The make exceptions.Contracting Officer may

(9) The costs applicable to items delivered, invoiced, and accepted not include costs in excess of the contract price of the items. shall

FA468624R0003

https://www.acquisition.gov/far/32.502-4#FAR_32_502_4 https://www.acquisition.gov/far/31.205-10#FAR_31_205_10

(b) Liquidation. Except as provided in the of the Government clause, all progress payments be liquidated by Termination for Convenience shall deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 80 percent of the amount invoiced, whichever is less. The Contractor repay to the Government any amounts required by a retroactive price reduction, after shall computing liquidations and payments on past at the reduced prices and adjusting the unliquidated progress payments accordingly. The invoices Government reserves the right to unilaterally change from the ordinary liquidation rate to an rate when deemed appropriate for proper alternate contract financing.

(c) Reduction or suspension. The reduce or suspend progress payments, increase the rate of liquidation, or take a Contracting Officer may combination of these actions, after finding on any of the following conditions: substantial evidence

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) of this clause).

(2) Performance of this contract is endangered by the Contractor's--

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) Inventory allocated to this contract substantially exceeds reasonable requirements.

(4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.

(5) The fair value of the undelivered work is less than the amount of unliquidated progress payments for that work.

(6) The Contractor is realizing less profit than that reflected in the establishment of any liquidation rate in paragraph (b) of this clause, and alternate that rate is less than the progress payment rate stated in paragraph (a)(1) of this clause.

(d) Title.

(1) Title to the property described in this paragraph (d) vest in the Government. Vestiture be immediately upon the date of this contract, for shall shall property acquired or produced before that date. Otherwise, vestiture occur when the property is or have been allocable or properly shall should chargeable to this contract.

(2) "Property," as used in this clause, includes all of the below-described items acquired or produced by the Contractor that are or be allocable should or properly chargeable to this contract under sound and generally accepted accounting principles and practices.

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and to which the Government is to acquire title; special test equipment

(iii) Nondurable ( noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar manufacturing aids, title to i.e., which would not be obtained as under paragraph (d)(2)(ii) of this clause; and special tooling

(iv) Drawings and , to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of technical data this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract; the termination clauses, e.g., shall determine the handling and disposition of the property.

(4) The Contractor sell any resulting from production under this contract without requesting the 's approval, but the may scrap Contracting Officer proceeds be credited against the costs of performance. shall

(5) To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor obtain the must 's advance approval of the action and the terms. The Contractor (i) exclude the allocable costs of the property from the costs Contracting Officer shall of contract performance, and (ii) repay to the Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or credit memorandum.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all progress payments, title vest in the shall Contractor for all property (or the proceeds thereof) not-

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under supplies this clause.

(7) The terms of this contract concerning liability for Government-furnished property not apply to property to which the Government acquired shall title solely under this clause.

(e) Risk of loss. Before delivery to and acceptance by the Government, the Contractor bear the risk of loss for property, the title to which vests in shall the Government under this clause, except to the extent the Government expressly assumes the risk. The Contractor repay the Government an shall amount equal to the unliquidated progress payments that are based on costs allocable to property that is lost (see ). 45.101

(f) Control of costs and property. The Contractor maintain an accounting system and controls adequate for the proper administration of this shall clause.

(g) Reports, forms, and access to records.

(1) The Contractor promptly furnish reports, certificates, financial statements, and other pertinent information (including estimates to complete) shall reasonably requested by the for the administration of this clause. Also, the Contractor give the Government reasonable Contracting Officer shall opportunity to examine and verify the Contractor's books, records, and accounts.

(2) The Contractor furnish estimates to complete that have been developed or updated within six months of the date of the progress payment shall request. The estimates to complete represent the Contractor's best estimate of total costs to complete all remaining contract work required under shall the contract. The estimates include sufficient detail to permit Government verification. shall

(3) Each Contractor request for progress payment : shall

(i) Be submitted on Standard Form 1443, Contractor's Request for Progress Payment, or the electronic equivalent as required by agency regulations, in accordance with the form instructions and the contract terms; and

(ii) Include any additional supporting documentation requested by the . Contracting Officer

(h) Special terms regarding default. If this contract is terminated under the Default clause, (i) the Contractor , on demand, repay to the shall Government the amount of unliquidated progress payments and (ii) title vest in the Contractor, on full liquidation of progress payments, for all shall property for which the Government elects not to require delivery under the Default clause. The Government be liable for no payment except as shall provided by the Default clause.

(i) Reservations of rights.

(1) No payment or vesting of title under this clause - shall

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause-

(i) Shall not be exclusive but rather be in addition to any other rights and remedies provided by law or this contract; and shall

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor such exercise or any single shall exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(j) Financing payments to subcontractors. The financing payments to subcontractors mentioned in paragraphs (a)(1) and (a)(2) of this clause be shall all financing payments to subcontractors or divisions, if the following conditions are met:

(1) The amounts included are limited to-

(i) The unliquidated remainder of financing payments made; plus

(ii) Any unpaid subcontractor requests for financing payments.

(2) The subcontract or interdivisional order is expected to involve a minimum of approximately 6 months between the beginning of work and the first delivery; or, if the subcontractor is a small business concern, 4 months.

(3) If the financing payments are in the form of progress payments, the terms of the subcontract or interdivisional order concerning progress payments-

(i) Are substantially similar to the terms of this clause for any subcontractor that is a large business concern, or this clause with its I for any Alternate subcontractor that is a small business concern;

(ii) Are at least as favorable to the Government as the terms of this clause;

(iii) Are not more favorable to the subcontractor or division than the terms of this clause are to the Contractor;

(iv) Are in conformance with the requirements of FAR (e); and 32.504

FA468624R0003

https://www.acquisition.gov/far/45.101#FAR_45_101 https://www.acquisition.gov/far/32.504#FAR_32_504

(v) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if-

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(4) If the financing payments are in the form of performance-based payments, the terms of the subcontract or interdivisional order concerning payments-

(i) Are substantially similar to the Performance-Based Payments clause at FAR and meet the criteria for, and definition of, performance- 52.232-32 based payments in FAR ; part 32

(ii) Are in conformance with the requirements of FAR (f); and 32.504

(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the subcon-tract to the Government's right to require delivery of the property to the Government if-

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(5) If the financing payments are in the form of or financing payments, the terms of the subcontract or commercial product commercial service interdivisional order concerning payments-

(i) Are constructed in accordance with FAR (c) and included in a subcontract for a or purchase that 32.206 commercial product commercial service meets the definition and standards for of and in FAR and ; acquisition commercial products commercial services parts 2 12

(ii) Are in conformance with the requirements of FAR (g); and 32.504

(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if-

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(6) If financing is in the form of progress payments, the progress payment rate in the subcontract is the customary rate used by the agency, contracting depending on whether the subcontractor is or is not a small business concern.

(7) Concerning any proceeds received by the Government for property to which title has vested in the Government under the subcontract terms, the parties agree that the proceeds be applied to reducing any unliquidated financing payments by the Government to the Contractor under this shall contract.

(8) If no unliquidated financing payments to the Contractor remain, but there are unliquidated financing payments that the Contractor has made to any subcontractor, the Contractor be subrogated to all the rights the Government obtained through the terms required by this clause to be in any shall subcontract, as if all such rights had been assigned and transferred to the Contractor.

(9) To facilitate small business participation in subcontracting under this contract, the Contractor provide financing payments to small business shall concerns, in conformity with the standards for customary contract financing payments stated in FAR . The Contractor not consider the 32.113 shall need for such financing payments as a handicap or adverse factor in the award of subcontracts.

(k) Limitations on undefinitized contract actions. Notwithstanding any other progress payment provisions in this contract, progress payments not may exceed 80 percent of costs incurred on work accomplished under undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in , including for additional or services, but not including that subpart 2.1 contract modifications supplies contract modifications are within the scope and under the terms of the contract, such as issued pursuant to the Changes clause, or funding and other contract modifications administrative changes. This limitation apply to the costs incurred, as computed in accordance with paragraph (a) of this clause, and remain shall shall in effect until the contract action is definitized. Costs incurred which are subject to this limitation be segregated on Contractor progress payment shall requests and from those costs eligible for higher progress payment rates. For purposes of progress payment liquidation, as described in invoices paragraph (b) of this clause, progress payments for undefinitized contract actions be liquidated at 80 percent of the amount invoiced for work shall performed under the undefinitized contract action as long as the contract action remains undefinitized. The amount of unliquidated progress payments for undefinitized contract actions not exceed 80 percent of the maximum liability of the Government under the undefinitized contract action or shall such lower limit specified elsewhere in the contract. Separate limits be specified for separate actions. may

(l) Due date. The designated payment office will make progress payments on the after the designated billing office receives a proper 30th day progress payment request. In the event that the Government requires an audit or other review of a specific progress payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.

Progress payments are considered contract financing and are not subject to the interest penalty provisions of the Prompt Payment Act.

FA468624R0003

https://www.acquisition.gov/far/52.232-32#FAR_52_232_32 https://www.acquisition.gov/far/part-32#FAR_Part_32 https://www.acquisition.gov/far/32.504#FAR_32_504 https://www.acquisition.gov/far/32.206#FAR_32_206 https://www.acquisition.gov/far/part-2#FAR_Part_2 https://www.acquisition.gov/far/part-12#FAR_Part_12 https://www.acquisition.gov/far/32.504#FAR_32_504 https://www.acquisition.gov/far/32.113#FAR_32_113 https://www.acquisition.gov/far/subpart-2.1#FAR_Subpart_2_1

(m) Progress payments under indefinite-delivery contracts. The Contractor account for and submit progress payment requests under individual shall orders as if the order constituted a separate contract, unless otherwise specified in this contract.

(End of clause)

IAlternate (Mar 2000). If the contract is with a small business concern, change each mention of the progress payment and liquidation rates excepting paragraph (k) to the customary rate of 85 percent for small business concerns (see FAR ). 32.501-1

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.202-1 Definitions. Jun 2020 52.203-3 Gratuities. Apr 1984 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021 52.203-17 Contractor Employee Whistleblower Rights. Nov 2023 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. May 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.

Dec 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

Nov 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.210-1 Market Research. Nov 2021 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.219-13 Notice of Set-Aside of Orders. Mar 2020 52.219-13 Notice of Set-Aside of Orders. (Alternate I) Mar 2020 Alternate I Mar 2020 52.219-33 Nonmanufacturer Rule. Sep 2021 52.222-6 Construction Wage Rate Requirements. Aug 2018 52.222-7 Withholding of Funds. May 2014 52.222-8 Payrolls and Basic Records. Jul 2021 52.222-9 Apprentices and Trainees. Jul 2005 52.222-10 Compliance with Copeland Act Requirements. Feb 1988 52.222-11 Subcontracts (Labor Standards). May 2014 52.222-12 Contract Termination-Debarment. May 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. May 2014 52.222-14 Disputes Concerning Labor Standards. Feb 1988 52.222-15 Certification of Eligibility. May 2014 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-27 Affirmative Action Compliance Requirements for Construction. Apr 2015

52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method).

Aug 2018

52.222-35 Equal Opportunity for Veterans. Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-37 Employment Reports on Veterans. Jun 2020 52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. Jan 2022 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2022 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.223-5 Pollution Prevention and Right-to-Know Information. (Alternate I) May 2011 Alternate I May 2011 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021

FA468624R0003

https://www.acquisition.gov/far/32.501-1#FAR_32_501_1

52.228-2 Additional Bond Security. Oct 1997 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.228-11 Individual Surety-Pledge of Assets. Feb 2021 52.228-12 Prospective Subcontractor Requests for Bonds. Dec 2022 52.228-14 Irrevocable Letter of Credit. Nov 2014 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.232-17 Interest. May 2014 52.232-18 Availability of Funds. Apr 1984 52.232-23 Assignment of Claims. May 2014 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services. Nov 2021 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.236-2 Differing Site Conditions. Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work. Apr 1984 52.236-5 Material and Workmanship. Apr 1984 52.236-6 Superintendence by the Contractor. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.236-8 Other Contracts. Apr 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. Apr 1984 52.236-10 Operations and Storage Areas. Apr 1984 52.236-11 Use and Possession Prior to Completion. Apr 1984 52.236-12 Cleaning Up. Apr 1984 52.236-13 Accident Prevention. Nov 1991 52.236-15 Schedules for Construction Contracts. Apr 1984 52.236-21 Specifications and Drawings for Construction. Feb 1997 52.242-13 Bankruptcy. Jul 1995 52.242-14 Suspension of Work. Apr 1984 52.243-4 Changes. Jun 2007 52.243-5 Changes and Changed Conditions. Apr 1984 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-10 Default (Fixed-Price Construction). Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies. Jan 2023 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.203-7004 Display of Hotline Posters. Jan 2023 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.205-7000 Provision of Information to Cooperative Agreement Holders. Jun 2023 252.216-7010 Postaward Debriefings for Task Orders and Delivery Orders. Dec 2022 252.222-7002 Compliance with Local Labor Laws (Overseas). Jun 1997 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.223-7004 Drug-Free Work Force. Sep 1988 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7001 Buy American and Balance of Payments Program. Jan 2023 252.225-7005 Identification of Expenditures in the United States . Jun 2005 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

Jan 2023

252.232-7010 Levies on Contract Payments. Dec 2006 252.233-7001 Choice of Law (Overseas). Jun 1997 252.236-7005 Airfield Safety Precautions. Dec 1991 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. Oct 2010

FAR Clauses Incorporated by Full Text

52.211-10 Commencement, Prosecution, and Completion of Work. (Apr 1984)

As prescribed in , insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The 11.404(b) clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.

Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within the agreed upon time as stipulated in each individual Task Order after receipt of the notice to proceed by the Contractor, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than

The time stated for completion shall include final cleanup of the premises.the period of performance as stipulated in each individual Task Order.

(End of clause)

52.211-12 Liquidated Damages-Construction. (Sep 2000)

As prescribed in , insert the following clause in solicitations and contracts:11.503(b)

Liquidated Damages-Construction (Sept 2000)

If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the (a) Government in the amount for each calendar day of delay until the work is completed or accepted.specified at the Task Order level, If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These (b) liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.216-18 Ordering. (Aug 2020)

As prescribed in , insert the following clause:16.506(a)

Ordering (Aug 2020)

Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or (a) activities designated in the Schedule. Such orders may be issued from the onset of award in expiration of the option period and 2024 through the possible six (6) month extension in . These dates will be solidified at the time of award. 2035

All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between either a delivery order or (b) task order and this contract, the contract shall take precedence.

A delivery order or task order is considered "issued" when-(c)

If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;(1)

If sent by fax, the Government transmits the order to the Contractor's fax number; or(2)

If sent electronically, the Government either-(3)

Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or(i)

Distributes the delivery order or task order via email to the Contractor's email address.(ii)

Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.(d)

(End of clause)

52.216-19 Order Limitations. (Oct 1995)

As prescribed in , insert a clause substantially the same as follows:16.506(b)

Order Limitations (Oct 1995)

. When the Government requires supplies or services covered by this contract in an amount of less than , the Government (a) Minimum order $2000.00 is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

. The Contractor is not obligated to honor-(b) Maximum order

Any order for a single item in excess of ;(1) $8M

Any order for a combination of items in excess of ; or(2) $8M

A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) (3) 60 of this section.

If this is a requirements contract ( includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the (c) i.e., Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in (d) paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's 5 intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. (Oct 1995)

As prescribed in , insert the following clause:16.506(e)

Indefinite Quantity (Oct 1995)

This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of (a) supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to (b) the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be (c) issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the (d) time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; , that the Contractor shall not be required to make any deliveries provided under this contract .36 months after expiration of the IDIQ

(End of clause)

52.217-9 Option to Extend the Term of the Contract. (Mar 2000)

As prescribed in , insert a clause substantially the same as the following:17.208(g)

Option to Extend the Term of the Contract (Mar 2000)

The Government may extend the term of this contract by written notice to the Contractor within ; provided that the Government gives the (a) 5 Contractor a preliminary written notice of its intent to extend at least days before the contract expires. The preliminary notice does not commit the 15 Government to an extension.

If the Government exercises this option, the extended contract shall be considered to include this option clause.(b)

The total duration of this contract, including the exercise of any options under this clause, shall not exceed .(c) 9 years and 6 months

(End of clause)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. (Oct 2022)

As prescribed in , insert the following clause:19.1309(b)

Notice of Price Evaluation preference for HUBZone Small Business Concerns (Oct 2022)

Evaluation preference.(a)

Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-(1)

Offers from HUBZone small business concerns that have not waived the evaluation preference; and(i)

Otherwise successful offers from small business concerns.(ii)

The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors (2) described in the solicitation shall be applied before application of the factor.

When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small (3) business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will (b) Waiver of evaluation preference be added to its offer for evaluation purposes.

Offeror elects to waive the evaluation preference.

A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by the (c) Joint venture.

joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business parties to the joint venture must be more than administrative functions.

(End of clause)

52.219-14 Limitations on Subcontracting. (Oct 2022)

As prescribed in , insert the following clause:19.507(e)

Limitations on Subcontracting (Oct 2022)

This clause does not apply to the unrestricted portion of a partial set-aside.(a)

, as used in this clause, means a first-tier subcontractor, including an independent contractor, that-(b) Definition. Similarly situated entity

Has the same small business program status as that which qualified the prime contractor for the award ( , for a small business set-aside contract, (1) e.g.

any small business concern, without regard to its socioeconomic status); and

Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to (2) the subcontract.

This clause applies only to-(c) Applicability.

Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);(1)

Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);(2)

Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;(3)

Orders expected to exceed the simplified acquisition threshold and that are-(4)

Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or(i)

Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);(ii)

Orders, regardless of dollar value, that are-(5)

Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); (i) or

Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as (ii) described in 19.504(c)(1)(ii); and

Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the (6) evaluation preference.

An independent contractor shall be considered a subcontractor.(d) Independent contractors.

By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract (e) Limitations on subcontracting.

assigned a North American Industry…