12a IFB 70Z0G124BBBOS0078.pdf

INVITATION FOR BID

SOLICITATION NUMBER: 70Z0G124BBBOS0078

ISSUED: 26 January 2024

QUESTIONS DUE: 13 February 2024, AT 4:00PM LOCAL TIME, WARWICK, RI

BIDS DUE: 27 February 2024, AT 2:00 PM LOCAL TIME, WARWICK, RI

FOR: REPLACE UNDERWATER MEMBERS – COVERED MOORINGS,

PROJECT #23010287

IMPORTANT - NOTICE TO BIDDER

1. Read the ENTIRE solicitation (Sections A through M, pages 1 through 28)

a) See Section L for instructions

b) Sign and return ONE original of the entire solicitation form (see SF 1442, Section B, Section I and Section K for applicable fill-in information).

2. Before submitting your bid, please recheck the following:

a) Does your bid set forth full, accurate, and complete information as required by this solicitation, including all attachments and acknowledging all amendments?

b) Have you rechecked your figures, including calculations on your work sheets?

c) Have you completed and signed all required documents?

d) Have you included a bid guarantee? A 20% bid guarantee (SF 24) is required.

3. Bidders offering less than 60 calendar days for acceptance WILL NOT BE considered and WILL BE rejected.

4. Submit any QUESTIONS to the Contract Specialist via email at Nadine.M.Provost@uscg.mil not later than 13 February 2024, AT 4:00 PM LOCAL TIME, WARWICK, RI.

5. Email, telegraphic, telephonic, or facsimile bids will not be accepted.

6. Bid results will be available on-line at https://sam.gov

7. This solicitation is issued as a 100% Total Small Business Set-aside, pursuant to FAR Parts 5, 14, & 19.

8. Bidder shall include all APPLICABLE Federal, State, and Local taxes in their bid price.

A tax-exempt number will not be provided.

9. Performance Bonds and Payment Bonds will be required for 100% of the total award amount.

10. The Government reserves the right to cancel this solicitation, either before or after the closing date.

mailto:Nadine.M.Provost@uscg.mil https://sam.gov/

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time- consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum.

Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S.

Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

mailto:OPAP@uscg.mil

SOLICITATION OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

70Z0G124BBBOS0078

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. Date Issued

26 January 2024

PAGE OF PAGES

IMPORTANT - The "offer" section on page 2 must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

51283PR24PR0000078

6. PROJECT NO.

23010287

7. ISSUED BY CODE 51283 8. ADDRESS OFFER TO

Contracting Officer USCG Civil Engineering Unit Providence 475 Kilvert Street Suite 100 Warwick, RI 02886

USCG Civil Engineering Unit Providence Attn: Nadine Provost 475 Kilvert Street Suite 100 Warwick, RI 02886

9. FOR INFORMATION

CALL

A. NAME

Nadine Provost Contract Specialist

B TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

401-736-1766

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

70Z0G124BBOS0078, Replace Underwater Members – Covered Moorings, PSN 23010287.

Contractor shall furnish all labor, material, equipment, transportation, disposal, supervision, and incidental related work necessary to perform structural repairs to the Covered Mooring Floating Dock outboard of Wharf 4 at U.S. Coast Guard, Base Boston, Boston, MA. Work includes a complete inspection and report on the Covered Mooring Floating Dock’s underwater condition, and to replace nine underwater steel bracings, bolt connections and brackets. All work shall be accomplished in accordance with the Specifications for PSN 23010287 (70 pages), Drawings CC-1354 (7 sheets), and the applicable wage rates incorporated herein.

CAUTION TO BIDDERS: You are urged to visit the site and take such steps as may be reasonably necessary to ascertain the nature and exact location of the work. Failure to visit the site for this purpose does not relieve you from the responsibility for estimating properly the difficulty or cost of successfully performing the work. IMPORTANT: See Section L for site visit information.

Pursuant to FAR Part 19.5, this solicitation is issued as a 100% Total Small Business Set-aside.

Magnitude of Construction is estimated to be between $100,000 and $250,000. Applicable NAICS Code is 237990 – Other Heavy and Civil Engineering Construction, with a Small Business Size Standard of $45.0 Million.

BIDDER SHALL INCLUDE ALL APPLICABLE FEDERAL, STATE, AND LOCAL TAXES IN THEIR BID PRICE.

A tax-exempt number will not be provided.

11. The contractor shall begin performance within 10 calendar days and complete the work within (See Section F) calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable.

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

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

YES NO

12B. CALENDAR DAYS

TEN

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 2:00 P.M. (hour) local time _2/27/2024 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (Rev. 4085)

70Z0G124BBBOS0078 Page 2 OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO./FAX NO. (Include area code)

TIN NO: ______________________

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

UEI NO: ___________________

CODE FACILITY CODE

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 by the Government in writing calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS

Total Lump Sum Bid (Item 0001): ___________________________________________

(BIDDERS SHALL COMPLETE AND SUBMIT PRICING SCHEDULE PROVIDED IN SECTION B WITH THEIR BID)

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 NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

Section G

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 USC 2304I ( ) 41 USC USC 253I ( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

USCG Civil Engineering Unit Providence Attn: Nadine Provost 475 Kilvert Street Suite 100 Warwick, RI 02886 (401)736-1766

COMMANDING OFFICER (0324)

USCG Finance Center 1430A Kristina Way Chesapeake, VA 23326-0324 For payment inquiries, call (757)523-6940

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.)

Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated 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 or incorporated by reference in or attached to this contract.

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.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN

(Type or print)

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

Sean E. Waldron, Sr. Field Contracting Officer

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

STANDARD FORM 1442 (Rev. 4-85)

Solicitation #: 70Z0G124BBB0S0078

SECTION A

SOLICITATION/CONTRACT FORM

TABLE OF CONTENTS

(X)|SEC.| DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

X | A | SOLICITATION/CONTRACT FORM 3

X | B | SUPPLIES OR SERVICES AND PRICES/COSTS 4

X | C | DESCRIPTION/SPECS/WORK STATEMENT 5

| D | PACKAGING AND MARKING 5

X | E | INSPECTION AND ACCEPTANCE 5

X | F | DELIVERIES OR PERFORMANCE 5

X | G | CONTRACT ADMINISTRATION DATA 5

X | H | SPECIAL CONTRACT REQUIREMENTS 6

PART II - CONTRACT CLAUSES

X | I |CONTRACT CLAUSES 9

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS

X | J |LIST OF ATTACHMENTS 25

PART IV - REPRESENTATIONS AND INSTRUCTIONS

| |REPRESENTATIONS, CERTIFICATIONS AND OTHER

X | K |STATEMENTS OF OFFERORS 25

X | L |INST., CONDITIONS, AND NOTICES TO OFFERORS 31

X | M |EVALUATION FACTORS FOR AWARD 35

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

GENERAL SCOPE OF WORK:

Contractor shall furnish all labor, material, equipment, transportation, disposal, supervision, and incidental related work necessary to perform structural repairs to the Covered Mooring Floating Dock outboard of Wharf 4 at U.S. Coast Guard, Base Boston, Boston, MA. Work includes a complete inspection and report on the Covered Mooring Floating Dock’s underwater condition, and to replace nine underwater steel bracings, bolt connections and brackets.

All work shall be accomplished in accordance with the Specifications for PSN 23010287 (70 pages), Drawings CC-1354 (7 sheets), and the applicable wage rates incorporated herein.

PRICING SCHEDULE (TO BE SUBMITTED WITH YOUR BID):

ITEM 0001: BASE BID ITEM = $_________________________

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

All work shall be accomplished in accordance with contract terms and conditions, as well as the documents listed in Section J.

SECTION D

PACKAGING AND MARKING

This section is not applicable.

SECTION E

INSPECTION AND ACCEPTANCE

FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996). This clause is incorporated by reference.

SECTION F

DELIVERIES OR PERFORMANCE

F.1 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 100 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

F.2 FAR 52.242-14 SUSPENSION OF WORK (APR 1984). This clause is incorporated by reference.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(a) Definitions. As used in these instructions -

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must: comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract. In addition, discount offerings and small business status if available shall be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 shall be provided.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using a method other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Coast Guard procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request. Note: Scanned invoices for Final Payment shall be accompanied by a fully executed Contractor’s Release, DHS Form 700-3.

(e) To facilitate processing, all proper invoices and any supporting information submitted electronically using the Invoice Processing Platform (IPP) must be submitted as a single Adobe .pdf formatted file, or as otherwise specified in the contract.

(f) Supporting documentation along with a courtesy copy of the invoice shall also be e-mailed to the Contracting Officer and COR at the addresses cited below:

Sr. Field Contracting Officer: Sean.E.Waldron@uscg.mil Contract Specialist: Nadine.M.Provost@uscg.mil

COR: Kristen.A.Durham-Young@uscg.mil

G.2 CONTRACT ADMINISTRATION

This contract will be administered by the Contract Specialist, U.S. Coast Guard, Civil Engineering Unit Providence. All matters related to the performance of this contract, and all correspondence, shall be coordinated with and directed to the Contract Specialist at:

USCG Civil Engineering Unit Providence Attention: Nadine Provost 475 Kilvert St. Suite 100 Warwick, RI 02886 Tel: (401) 736-1766 E-mail: Nadine.M.Provost@uscg.mil

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 REQUIREMENT FOR INSURANCE

In accordance with the provisions of FAR Clause 52.228-5, "Insurance - Work on a Government Installation," the Contractor shall furnish to the Contracting Officer a certificate of insurance, identified by contract number, as evidence of the existence of the following minimum insurance coverages.

Type of Coverage Accident Per Person Per Accident Property Comprehensive General Liability $500,000 Automobile Liability $200,000 $500,000 $20,000

Workmen's Compensation--As required by Federal and State Law. Full insurance coverage in accordance with the U.S. Longshoremen's and Harbor Worker's Compensation Act, 33 USC 901 et. Seq. will be required when a specific project involves operations in or on piers or waterways.

mailto:Sean.E.Waldron@uscg.mil mailto:Christian.D.Reed@uscg.mil mailto:Kristen.A.Durham-Young@uscg.mil

In accordance with FAR Clause 52.228-5, "Insurance - Work on a Government Installation," the certificate of insurance shall also indicate that a 30-day notice of cancellation applies. Any cancellation or material change, adversely affecting the Government’s interest, shall not be effective until 30 days after the insurer or Contractor gives written notice to the Contracting Officer. A certificate of insurance must be presented to the Contracting Officer within ten (10) calendar days after award of the contract.

H.2 SUBCONTRACT DATA

The Contractor shall submit an executed Statement and Acknowledgement (Standard Form 1413), to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be done before the subcontractor begins work. This form provides an acknowledgement by the subcontractor that mandatory "flow-down" contract clauses have been included in his/her contract in accordance with FAR Clause 52.222-11. A copy of Form SF 1413 will be given to the Contractor at time of award. Completing this form creates no contractual relationship between the subcontractor and the Government.

H.3 MODIFICATION PROPOSALS - PRICE BREAKDOWN

The Contractor shall furnish a detailed Proposal for all Contract Modification Requests (CMR's) from the Contracting Officer. All Proposals shall reach the Contracting Officer within 10 calendar days after receipt of the CMR unless otherwise directed by the Contracting Officer. The Proposal shall comprise an itemized price breakdown in sufficient detail to permit an analysis of all materials, labor, equipment, overhead and profit, at both the prime and subcontracting levels and shall cover all work involved in the modification whether such work was deleted, added or changed. In addition, if the Proposal includes a request to extend time it shall show the effect on the approved schedule. Contractor-initiated requests, for changes to the contract (other than corrective), shall be considered by the Government only if they meet all of the following conditions:

(1) The request shall be submitted to the Contracting Officer by separate correspondence signed by an authorized representative of the Contractor.

(2) The request shall state how the proposed change would be incorporated into the schedule; whether or not a time extension will be necessary, and the calendar date that the Contractor must receive approval or disapproval so as not to affect the existing schedule.

(3) The request shall include a complete listing of existing labor, materials and equipment costs and proposed change as well as all indirect costs, and delays. It shall include a listing with telephone number, of all sources necessary for Government verification of costs and the Contractor's offer. The Government will reject any request that does not provide ALL of the above information in a single submission. The Contractor shall submit supporting data for claimed overhead rates to the Contracting Officer. In connection with the negotiation of any change or other modification of this contract that involves aggregate increase or decrease in costs, plus applicable profits (as explained in FAR 15.804-2), in excess of $100,000, and that is not based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation, the Contractor shall furnish cost or pricing data; and, as soon as practicable after agreement is reached on price, shall furnish a Certificate of Current Cost or Pricing Data.

H.4 PRICING OF ADJUSTMENTS

When costs are a factor in any determination of a contract price adjustment pursuant to the Changes clause or any other provision of this contract such costs shall be in accordance with the contract cost principles and procedures in Federal Acquisition Regulation Part 31.

H.5 HSAR 3052.228-90 NOTIFICATION OF MILLER ACT PAYMENT BOND PROTECTION (USCG)

(DEC 2003)

This notice clause shall be inserted by first tier subcontractors in all their subcontracts and shall contain the surety which has provided the payment bond under the prime contract.

(a) The prime contract is subject to the Miller Act (40 USC 270), under which the prime Contractor has obtained a payment bond. This payment bond may provide certain unpaid employees, suppliers, and subcontractors a right to sue the bonding surety under the Miller Act for amounts owed for work performed and materials delivered under the prime contract.

(b) Persons believing that they have legal remedies under the Miller Act should consult their legal advisor regarding the proper steps to take to obtain these remedies. This notice clause does not provide any party any rights against the Federal Government, or create any relationship, contractual or otherwise, between the Federal Government and any private party.

(c) The surety who has provided the payment bond under the prime contract is:

______________________________ (Name) ______________________________ (Street Address) ______________________________ (City, State, Zip Code) ______________________________ (Contact and Telephone No.)

H.6 GREEN PURCHASING UNDER DHS CONSTRUCTION CONTRACTS

Pursuant to Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management, and 13514, Federal Leadership in Environmental, Energy, and Economic Performance, the Department of Homeland Security is committed to managing its facilities in an environmentally preferable manner that will promote the natural environment and protect the health and well-being of its Federal employees and contractor service providers. In the performance of work under this contract, the Contractor shall exert its best efforts to provide its services in a manner that will promote the natural environment and protect the health and well-being of Federal employees, contract service providers and visitors using the facility. Green purchasing or environmentally preferable contracting has several interacting initiatives which are described at the following Government or Industry Internet sites:

Recycled Products are described at http://epa.gov/cpg Biobased Products are described at http://www.biopreferred.gov/ Energy efficient products are at http://energystar.gov/products for Energy Star products Energy efficient products are at http://www.eere.energy.gov/femp/procurement for FEMP designated products Environmentally Preferable Computers are at http://www.epeat.net Non-Ozone Depleting Alternative Products are at http://www.epa.gov/ozone/strathome.html Water efficient plumbing products are at http://epa.gov/watersense

To the extent that the services provided by the Contractor require provision of any of the above types of products, the Contractor is expected to provide the environmentally preferable type of product unless that type of product is not available competitively within a reasonable time, at a reasonable price, is not life cycle cost efficient in the case of energy consuming products, or does not meet reasonable performance standards. The clauses at FAR

52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts, 52.223-15, Energy Efficiency in Energy Consuming Products, and 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts, which may be contained in this contract, require the use of products that have biobased content, are energy efficient, or have recycled content. In case of an apparent inconsistency between this provision and any specification elsewhere in the contract, consult the contracting officer for resolution.

SECTION I

CONTRACT CLAUSES

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/comp/far/index.html

52.203-5 Covenant Against Contingent Fees MAY 2014 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 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUN 2020 52.204-13 Systems 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 52.204-27 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 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.219-6 Notice of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns SEP 2023 52.219-28 Post-Award Small Business Program Re-representation SEP 2023 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act – Overtime Compensation MAY 2018 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 Requirement 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 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 http://www.acquisition.gov/comp/far/index.html

52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights under the National Labor Relations Act DEC 2010 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.222-55 Minimum Wages Under Executive Order 13658 JAN 2022 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 20225 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts SEP 2013 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving JUN 2020 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement JUN 2020 52.227-4 Patent Indemnity – Construction Contracts DEC 2007 52.227-17 Rights in Data – Special Works DEC 2007 52.228-1 Bid Guarantee (20%, use form SF24) (Perf & Pay Bonds 100% of Award) SEP 1996 52.228-2 Additional Bond Security OCT 1997 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 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Assignment of Claims MAY 2014 52.232-27 Prompt Payment For Construction Contracts paragraph (a)(1)(i)(A) (“30 days” in lieu of “14 days”) JAN 2017 52.232-33 Payment by Electronic Funds Transfer – System for Award Management OCT 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Contractors MAR 2023 52.233-1 Disputes (Alternate I) (Dec 1991) MAY 2014 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 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction (ALT I, APR 1984) FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Items DEC 2023

52.246-21 Warranty of Construction MAR 1994 52.249-2 Termination for Convenience of the Government (Fixed-Price) (ALT, I SEP 1996) APR 2012 52.249-10 Default (Fixed-Price Construction) APR 1984 52.251-1 Government Supply Sources APR 2012 52.253-1 Computer Generated Forms JAN 1991

The following Homeland Security Acquisition Regulation (HSAR) clauses are also incorporated by reference:

3052.205-70 Advertisements, Publicizing Awards, and Releases SEP 2012 3052.211-70 Index for Specifications DEC 2003 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work DEC 2003 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility DEC 2003 3052.222-90 Local Hire JUN 2006

3052.22370 Removal or Disposal of Hazardous Substances – Applicable Licenses and Permits JUN 2006 3052.223-90 Accident & Fire Reporting DEC 2003 3052.228-70 Insurance DEC 2003 3052.242-72 Contracting Officer's Technical Representative DEC 2003

I.2 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any FAR clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

I.3 FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT

TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

(DHS-USCG DEVIATION 14-01 SEPT 2013)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C.

2409 by section 827 of the NDAA for FY 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3. 908 of the

FAR.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

I.4 FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (DEVIATION 20-05)

(a) Definitions. As used in this clause-

"Covered article" means any hardware, software, or service that-

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

"Covered entity" means-

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub.

L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from-

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer

(OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(l) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph ( d), in all subcontracts, including subcontracts for the acquisition of commercial items.

I.5 FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEVIATION 20-05) (DEC 2020)

(a) Definitions. As used in this clause-

"Covered foreign country" means The People's Republic of China.

"Covered telecommunications equipment or services" means-

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation ( or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company ( or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

"Critical technology" means-

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 ofthe Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- (i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or Part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of2018 (50 U.S.C. 4817). "Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.

"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(l)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph ( c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing- (!) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(l) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number( s ), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

I.6 FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022) (DEVIATION OCT 2021)

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

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

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

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

(c) Applicability. This clause applies only to—

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

(2) 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);

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

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

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

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

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

(i) 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); or

(ii) 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 described in 19.504(c)(1)(ii); and

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

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

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:

(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(i) The following services may be excluded from the 50 percent limitation: FAR Class Deviation 22-02 Page 5 of 6

(A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases.

(B) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(3) General construction. It will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.

(4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause – [Contracting Officer check as appropriate.]

__By the end of the base term of the contract and then by the end of each subsequent option period; or

__By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

I.7 52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (OCT 2020)

(DEVIATION (MAY 2020))

(a) Definitions. As used in this clauseOriginal contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount ofrequired bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(2) Performance bonds (Standard Form 25, except that no seal is required). The penal amount of performance bonds atthe time of contract award shall be 100 percent of the original contract price.

(3) Payment bonds (Standard Form 25A, except that no seal is required). The penal amount of payment bonds at the time of contract award shall be 100 percent…