1333ND25RNB190029 Lightning Protection Repairs CUP NIST Boulder CO.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 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)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

See Attached

STANDARD FORM 1442 (REV. )

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

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.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

CODE FACILITY CODE

15. TELEPHONE NO. (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. DATE31b. 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

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( )

20b. SIGNATURE 20c. OFFER DATE

STANDARD FORM 1442 (REV. ) BACK

Attachment Page

PAGE 3 OF 99 1333ND25RNB190029

SF 1442 BLOCK 10 (CONTINUED)

Project: LIGHTNING PROTECTION REPAIRS AT CUP

Enter Price(s) in Section B.

This acquisition is a small business set-aside.

The NAICS for this acquisition is 238210; the Small Business Size Standard is $45.0 Million.

The magnitude of this project is Between $25,000 and $100,000.

Verbal explanations given before award WILL NOT BE BINDING. Any changes will be made in writing by issuing amendment(s).

Offeror(s) shall acknowledge receipt of amendment(s) in block 19 of the SF 1442 or by returning a signed copy of the amendment(s) with their offer.

Notice to Proceed will not be issued until the contractor's Site Specific Safety Plan has been accepted.

Any award resulting from this solicitation will be subject to the City of Boulder Sales/Use Tax. No exemption certificate issued by the Colorado Department of Revenue or any other taxing authority shall be recognized as a basis for exemption from the City of Boulder Sales/Use Tax.

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Contractor shall provide all labor, equipment, and materials to accomplish the work set out in the attached

SOW.

Lightning protection repairs at CUP

DELIVERY DATE: 08/06/2025

1.00 JB

PAGE 4 OF 99 1333ND25RNB190029

Table of Contents

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 SOW - Lightning Protection Repairs at CUP

SECTION E INSPECTION AND ACCEPTANCE

E.1 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

E.2 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

SECTION F DELIVERIES OR PERFORMANCE

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

F.2 52.242-14 SUSPENSION OF WORK (APR 1984)

SECTION G CONTRACT ADMINISTRATION DATA

G.1 1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010)

G.2 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

G.3 1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

G.4 NIST LOCAL-53CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS

G.5 NIST LOCAL-54ELECTRONIC BILLING INSTRUCTIONS

G.6 NIST LOCAL-56INVOICING PROCESSING PLATFORM-ALTERNATE I (DEC 2022)

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

H.2 1352.219-71 NOTIFICATION TO DELAY PERFORMANCE (DEVIATION) (APR 2010)

H.3 1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)

H.4 1352.237-73 FOREIGN NATIONAL VISITOR AND GUEST ACCESS TO DEPARTMENTAL RESOURCES (APR 2010)..17

SECTION I CONTRACT CLAUSES

I.1 52.203-17CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

I.2 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

(JAN 2017)

I.3 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

I.4 52.204-10REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020)

I.5 52.204-13SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

I.6 52.204-18COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

I.7 52.204-19INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

I.8 52.204-23PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED

BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)

I.9 52.204-25PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (NOV 2021)

I.10 52.204-27PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUNE 2023)

I.11 52.209-6PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED (JAN 2025)

I.12 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

I.13 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

I.14 52.215-21REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR

PRICING DATA--MODIFICATIONS (NOV 2021)

I.15 52.219-6NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

I.16 52.219-28POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JAN 2025)

I.17 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

I.18 52.222-3 CONVICT LABOR (JUN 2003)

I.19 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

I.20 52.222-8PAYROLLS AND BASIC RECORDS (JUL 2021)

PAGE 5 OF 99 1333ND25RNB190029

I.21 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

I.22 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY

2014)

I.23 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

I.24 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2104)

I.25 52.222-35EQUAL OPPORTUNITY FOR VETERANS. (JUN 2020)

I.26 52.222-36EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

I.27 52.222-37EMPLOYMENT REPORTS ON VETERANS (JUN 2020)

I.28 52.222-50COMBATING TRAFFICKING IN PERSONS (NOV 2021)

I.29 52.222-54EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2025)

I.30 52.222-55MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026. (JAN 2022)

I.31 52.223-3HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (MAY 2024)

I.32 52.223-5POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2024)

I.33 52.223-11OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL HYDROFLUOROCARBONS (MAY

2024)

I.34 52.223-12MAINTENANCE, SERVICE, REPAIR, OR DISPOSAL OF REFRIGERATION EQUIPMENT AND AIR

CONDITIONERS (MAY 2024)

I.35 52.223-20AEROSOLS (MAY 2024)

I.36 52.223-21FOAMS (MAY 2024)

I.37 52.223-23SUSTAINABLE PRODUCTS AND SERVICES (MAY 2024)

I.38 52.225-9BUY AMERICAN--CONSTRUCTION MATERIALS (OCT 2022)

I.39 52.225-13RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)

I.40 52.226-8ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY 2024)

I.41 52.227-1AUTHORIZATION AND CONSENT (JUN 2020)

I.42 52.227-2NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JUN 2020)

I.43 52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007)

I.44 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

I.45 52.228-11INDIVIDUAL SURETY--PLEDGE OF ASSETS (FEB 2021)

I.46 52.228-12PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (DEC 2022)

I.47 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)

I.48 52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

I.49 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

I.50 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

I.51 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

I.52 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

I.53 52.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023)

I.54 52.233-1 DISPUTES (MAY 2014)

I.55 52.233-3 PROTEST AFTER AWARD (AUG 1996)

I.56 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I.57 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

I.58 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

I.59 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

I.60 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

I.61 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

I.62 52.236-8 OTHER CONTRACTS (APR 1984)

I.63 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS

(APR 1984)

I.64 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

I.65 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

I.66 52.236-12 CLEANING UP (APR 1984)

I.67 52.236-13 ACCIDENT PREVENTION (NOV 1991)

PAGE 6 OF 99 1333ND25RNB190029

I.68 52.236-13 I ACCIDENT PREVENTION (NOV 1991)--ALTERNATE I (NOV 1991)

I.69 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

I.70 52.236-17 LAYOUT OF WORK (APR 1984)

I.71 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

I.72 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

I.73 52.240-1PROHIBITION ON UNMANNED AIRCRAFT SYSTEMS MANUFACTURED OR ASSEMBLED BY AMERICAN SECURITY

DRONE ACT--COVERED FOREIGN ENTITIES (NOV 2024)

I.74 52.242-13 BANKRUPTCY (JUL 1995)

I.75 52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

I.76 52.244-6SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)

I.77 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

I.78 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) (APR 1984). 21

I.79 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

I.80 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

I.81 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

I.82 Physical Data

I.83 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.84 52.222-6-DEVCONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018) (DEVIATION FEB 2025)

I.85 52.222-11-DEVSUBCONTRACTS (LABOR STANDARDS) (MAY 2014) (DEVIATION FEB 2025)

I.86 52.222-12-DEVCONTRACT TERMINATION--DEBARMENT (MAY 2014) (DEVIATION FEB 2025)

I.87 52.223-2-DEVREPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (MAY 2024)

(DEVIATION FEB 2025)

SECTION J LIST OF ATTACHMENTS

J.1 Att 02 - Blank Bid Form

J.2 Att 03 - Safety Plan Checklist

J.3 Att 04 - JHA Example

J.4 Att 05 - JHA Template

J.5 Att 06 - LPS Inspection Report

J.6 Att 01 - NIST Boulder General Requirements

J.7 Att 07 - WD CO2025017 Boulder Building

SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

K.2 52.223-1-DEVBIOBASED PRODUCT CERTIFICATION (MAY 2024) (DEVIATION FEB 2025)

K.3 52.204-24REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

K.4 52.204-29FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS--REPRESENTATION AND DISCLOSURES

(DEC 2023)

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 Instructions to Offerors

L.2 52.204-7SYSTEM FOR AWARD MANAGEMENT (NOV 2024)

L.3 52.204-16COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

L.4 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

L.5 52.222-5 Construction Wage Rate Requirements Secondary Site of the Work (May 2014)

L.6 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

L.7 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

L.8 1352.233-70 AGENCY PROTESTS (APR 2010)

L.9 1352.270-71 PRE-BID / PRE-PROPOSAL CONFERENCE AND SITE VISIT (APR 2010)

PAGE 7 OF 99 1333ND25RNB190029

SECTION M EVALUATION FACTORS FOR AWARD

M.1 Basis for Award

PAGE 8 OF 99 1333ND25RNB190029

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 SOW - Lightning Protection Repairs at CUP

PAGE 9 OF 99 1333ND25RNB190029

STATEMENT OF WORK

B42 LIGHTNING PROTECTION REPAIR:

JUNE 2025

I. BACKGROUND INFORMATION

The National Institute of Standards and Technology (NIST) has a requirement to ensure the lightning protection system at the site’s central utility plant (CUP) is repaired per industry standards and guidance.

II. PURPOSE

The purpose of this project is to repair or remove and reinstall new, specific lightning protection elements installed on the site’s CUP per this scope of work and associated attachments.

PLACE OF PERFORMANCE

All work shall be performed at the 325 Broadway, Boulder, Colorado location. Access to Building 42 shall be granted to the contractor for the entire period of performance of this contract. The day-today supervision and direct control over the work performed by the on-site contractor personnel will be the sole responsibility of the contractor.

PERIOD OF PERFORMANCE

All work shall be completed in accordance with FAR clause 52.211-10.

III. SPECIFIC REQUIREMENTS

TASKS

1. Contractor to perform corrective actions as outlined in “Lightning Protection

System Inspection” Report” dated January 29 ,2024 (Attachment 07).

2. Any repairs or installation shall conform with NFPA 780: Standard for the

Installation of Lightning Protection Systems.

3. All materials used shall comply with those requirements as outlined in NFPA 780 and are to be corrosion resistant and match those components already installed.

4. Any work regarding the installation of Surge Protection Devices shall be omitted.

5. The contractor shall be responsible for all fall protection requirements. It is incumbent on the prospective bidders to survey the B42 roof and account for the fall protection required to complete the scope of work as it pertains to Attachment 07.

6. Contractor shall submit resumes to ensure all personnel performing the repair/installation are qualified or that their work is inspected by someone who is qualified. Minimum qualification: Master Installer (by LPI) or equivalent.

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Homeland Security Presidential Directive (HSPD)-12

The Contractor (and/or any subcontractor) and its employees who require physical access to NIST facilities or logical access to NIST IT networks or systems must comply with Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors; OMB M-05-24; OMB M- 19-17; FIPS 201, Personal Identity Verification (PIV) of Federal Employees and Contractors; NIST HSPD-12 policy; and Executive Order 13467, Part 1 §1.2.

5. Roster

IV. GENERAL REQUIREMENTS

1. The Government will be the interface with the building occupants and perform a

“first response” role for calls from Government personnel not dealing directly with this project during normal business hours Monday thru Friday. The Contracting Officer’s Representative (COR) will coordinate with the contractor on all activities required throughout the duration of this contract. The contractor will only work with the COR and the Contracting Officer (CO) on all matters pertaining to the contract and the desired result. The contractor will supply and maintain onsite (while work is being performed) a single point of contact which has full authority in all matters concerning this contract.

2. The contractor shall schedule work as to cause the least amount of interference with site operations. Work schedules shall be subject to the approval of the Government. The contractor shall request permission in writing, to interrupt any electrical utility service, a minimum of fourteen calendar days prior to the desired date of interruption and schedule all electrical interruptions on weekends.

3. Many research laboratories operate continually. Any disruption may cause severe loss of valuable information. Prior to any disconnect of power and or shutdown of a system / system component, or the generation of undue vibrations or noise levels, the COR must be notified a minimum of 30 days prior, to ensure each office and / or laboratory occupant(s) affected can be notified prior to the activity if it is determined the activity may disrupt the area so ongoing work is not disrupted. Special arrangements may be necessary prior to work of this nature and will be coordinated through the COR and building occupants.

4. All work shall be in accordance with the attached General Requirements attachment document for detailed information of performing work on the NIST, Boulder site.

Inspection & Acceptance

1. All equipment shall be installed and tested with consideration to ensure:

a. Minimal disruption to CUP operations.

b. Minimal disruption to building occupants

c. To ensure efficient and safe operation always.

2. An inspection may be conducted without notification to the contractor. If the COR/Inspector documents out of compliance conditions with the specifications, 2 | P a g e

PAGE 11 OF 99 1333ND25RNB190029

the COR will notify the POC for the contractor clearly detailing the nonconformance.

3. The contractor shall provide back to the COR in writing what they will do to remedy the nonconformance along with a timeframe in which another inspection can be scheduled to review the specific condition.

V. SCHEDULE OF DELIVERABLES

Deliverable Number Description Format Due Date

Quantity

1 Site Specific Safety Plan

PDF After Award and prior to Construction

2 Schedule Excel or other Schedule due 15 days after issuance of Notice to Proceed on Repair.

3 Installation Report

DOC Within Period of Performance

Standards of Acceptance: The NIST POC or COR shall review all the above deliverables and respond with an acceptance or request for revision email to the Contractor Point of Contact (POC) within 10 business days of receipt of deliverable.

This section applies to deliverables which must be reviewed and approved for acceptances (e.g., draft plans, drawings, etc.).

VI. PAYMENT SCHEDULE

The Contractor will be paid, in accordance with the payments clause in the contract and as otherwise noted in this document, upon final completion of the project and receipt of a proper invoice.

VII. ATTACHMENTS

1. ATTACHMENT 01 General Instructions

2. ATTACHMENT 02 Blank Bid Form

3. ATTACHMENT 03 Safety Plan Checklist

4. ATTACHMENT 04 JHA Example

5. ATTACHMENT 05 JHA Template

6. ATTACHMENT 06 Report

END -

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PAGE 12 OF 99 1333ND25RNB190029

SECTION E

INSPECTION AND ACCEPTANCE

E.1 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(Reference 1352.246-70)

E.2 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) "Definition." "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer`s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work.

Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may--

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor;

or

(2) Terminate for default the Contractor`s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government`s rights under any warranty or guarantee.

(End of Clause)

PAGE 13 OF 99 1333ND25RNB190029

SECTION F

DELIVERIES OR PERFORMANCE

F.1 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 *Award: 180 calendar days from notice to proceed* The time stated for completion shall include final cleanup of the premises.

F.2 52.242-14 SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted

(1) by an act of the Contracting Officer in the administration of this contract, or

(2) by the Contracting Officer`s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed--

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

PAGE 14 OF 99 1333ND25RNB190029

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010) (Reference 1352.201-70)

G.2 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

G.3 1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

(a) TBD - After Award is hereby designated as the Contracting Officer`s Representative (COR).

The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

TBD - After Award TBD - After Award TBD - After Award Phone Number: TBD - After Award Email: TBD - After Award

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

(End of clause)

G.4 NIST LOCAL-53 CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS

All contractors performing work on active contracts at the U.S. Department of Commerce(DOC), National Institute of Standards and Technology (NIST) campuses and/or working in NIST workspaces should go to the www.nist.gov website and under the "About NIST" tab click on "Visit". This site includes information about campus access and security information; identification requirements; parking information and more.

Contractor personnel are required to check the appropriate campus operating status and personnel requirements at https://www.nist.gov/campus-status daily prior to arriving on site. All personnel must adhere to the requirements set forth in the operating status.

Unless otherwise stated in the contract terms and conditions, normal days of business operation are Monday through Friday, excluding Federal Holidays. However, throughout the contract period of performance, there may be circumstances beyond the control of NIST that will impact normal days of business operation such as inclement weather, power outages, etc. In circumstances such as these, the Contractor must call the appropriate NIST campus status line to verify the operating status:

Gaithersburg Campus Operating Status Line:

(301) 975-8000

(800) 437-4385 x8000 (toll free)

Boulder Campus Operating Status Line:

(303) 497-4000

(303) 497-3000 option 2

In the event of a lapse in appropriation, access to Government facilities and resources, including equipment and systems will be limited to excepted personnel for both Federal employees and contractor personnel. If performance of the contract is onsite and/or requires Government interaction, unless the contractor has been, or is notified that it is required to work under an excepted status, the contractor must stop work. The work stoppage shall remain in effect until the lapse is resolved and notification is provided via the NIST website at www.nist.gov (banner on front page) and/or the NIST operating status line(s). Additionally, contractors are encouraged to monitor public broadcasts or

PAGE 15 OF 99 1333ND25RNB190029

the Office of Personnel Management's website at www.opm.gov for the Federal Government operating status.

NIST will provide notification to all contractors that are determined to have excepted status.

All excepted contractors are required to continue performance and communicate with the appointed Contracting Officer's Representative (COR) for further guidance, or NIST Contracting Officer if a COR is not appointed.

Contractors with active supply or service contracts that are fully funded at the time of contract award and do not require access to Government facilities, resources, or active administration by Government personnel in a manner that would not cause the Government to incur additional obligations during the lapse in appropriation may continue performance.

Please note that in all circumstances that impact operations on the NIST campuses, contractors are expected to follow all direction and guidance provided by NIST authorities.

G.5 NIST LOCAL-54 ELECTRONIC BILLING INSTRUCTIONS

NIST requires that Invoice/Voucher submissions are sent electronically via email to INVOICE@NIST.GOV.

Each Invoice or Voucher submitted shall include the following:

(1) Contract number;

(2) Contractor name and address;

(3) Unique entity identifier (see www.sam.gov for the designated entity for establishing unique entity identifiers);

(4) Date of invoice;

(5) Invoice number;

(6) Amount of invoice and cumulative amount invoiced to-date;

(7) Contract Line Item Number (CLIN);

(8) Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered;

(9) Prompt payment discount terms, if offered; and

(10) Any other information or documentation required by the contract.

G.6 NIST LOCAL-56 INVOICING PROCESSING PLATFORM-ALTERNATE I (DEC 2022)

Upon written notice from the contracting officer the following supersedes all other instructions for the submission of payment requests. Accordingly, following written notice payment requests must be submitted electronically through the U.S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable payment request or invoicing instructions, Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

The Contractor must use the IPP website to register, access, and use IPP for submitting payment requests. If not already enrolled, the Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email within three to five business days of the addition of the contract award to IPP. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email: IPPCustomerSupport@fiscal.treasury.gov or phone

(866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting payment requests, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation. Contact the contracting officer for more information on submitting a waiver request.

PAGE 16 OF 99 1333ND25RNB190029

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

H.2 1352.219-71 NOTIFICATION TO DELAY PERFORMANCE (DEVIATION) (APR 2010)

(Reference 1352.219-71)

H.3 1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)

(Reference 1352.237-71)

H.4 1352.237-73 FOREIGN NATIONAL VISITOR AND GUEST ACCESS TO DEPARTMENTAL RESOURCES (APR 2010) (Reference 1352.237-73)

PAGE 17 OF 99 1333ND25RNB190029

SECTION I

CONTRACT CLAUSES

I.1 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

(Reference 52.203-17)

I.2 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

(JAN 2017)

(Reference 52.203-19)

I.3 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(Reference 52.204-9)

I.4 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020) (Reference 52.204-10)

I.5 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(Reference 52.204-13)

I.6 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

(Reference 52.204-18)

I.7 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) (Reference 52.204-19)

I.8 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED

BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)

(Reference 52.204-23)

I.9 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (NOV 2021)

(Reference 52.204-25)

I.10 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUNE 2023)

(Reference 52.204-27)

I.11 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED (JAN 2025)

(Reference 52.209-6)

I.12 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) (Reference 52.209-10)

I.13 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

(Reference 52.215-8)

I.14 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR

PRICING DATA--MODIFICATIONS (NOV 2021)

(Reference 52.215-21)

I.15 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

(Reference 52.219-6)

I.16 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JAN 2025)

(Reference 52.219-28)

I.17 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

(Reference 52.222-1)

I.18 52.222-3 CONVICT LABOR (JUN 2003)

(Reference 52.222-3)

PAGE 18 OF 99 1333ND25RNB190029

I.19 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

(Reference 52.222-7)

I.20 52.222-8 PAYROLLS AND BASIC RECORDS (JUL 2021)

(Reference 52.222-8)

I.21 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

(Reference 52.222-10)

I.22 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY 2014) (Reference 52.222-13)

I.23 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

(Reference 52.222-14)

I.24 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2104)

(Reference 52.222-15)

I.25 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. (JUN 2020)

(Reference 52.222-35)

I.26 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

(Reference 52.222-36)

I.27 52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020)

(Reference 52.222-37)

I.28 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

(Reference 52.222-50)

I.29 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2025)

(Reference 52.222-54)

I.30 52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026. (JAN 2022) (Reference 52.222-55)

I.31 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (MAY 2024) (Reference 52.223-3)

I.32 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2024)

(Reference 52.223-5)

I.33 52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL HYDROFLUOROCARBONS (MAY 2024) (Reference 52.223-11)

I.34 52.223-12 MAINTENANCE, SERVICE, REPAIR, OR DISPOSAL OF REFRIGERATION EQUIPMENT AND AIR

CONDITIONERS (MAY 2024)

(Reference 52.223-12)

I.35 52.223-20 AEROSOLS (MAY 2024)

(Reference 52.223-20)

I.36 52.223-21 FOAMS (MAY 2024)

(Reference 52.223-21)

I.37 52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (MAY 2024)

(Reference 52.223-23)

I.38 52.225-9 BUY AMERICAN--CONSTRUCTION MATERIALS (OCT 2022)

PAGE 19 OF 99 1333ND25RNB190029

(Reference 52.225-9)

I.39 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)

(Reference 52.225-13)

I.40 52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY 2024) (Reference 52.226-8)

I.41 52.227-1 AUTHORIZATION AND CONSENT (JUN 2020)

(Reference 52.227-1)

I.42 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JUN 2020) (Reference 52.227-2)

I.43 52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007)

(Reference 52.227-4)

I.44 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

(Reference 52.228-2)

I.45 52.228-11 INDIVIDUAL SURETY--PLEDGE OF ASSETS (FEB 2021)

(Reference 52.228-11)

I.46 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (DEC 2022)

(Reference 52.228-12)

I.47 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)

(Reference 52.228-13)

I.48 52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

(Reference 52.228-14)

I.49 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

(Reference 52.232-23)

I.50 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

(Reference 52.232-27)

I.51 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (OCT 2018) (Reference 52.232-33)

I.52 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

(Reference 52.232-39)

I.53 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) (Reference 52.232-40)

I.54 52.233-1 DISPUTES (MAY 2014)

(Reference 52.233-1)

I.55 52.233-3 PROTEST AFTER AWARD (AUG 1996)

(Reference 52.233-3)

I.56 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

(Reference 52.233-4)

I.57 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

(Reference 52.236-2)

I.58 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

(Reference 52.236-3)

PAGE 20 OF 99 1333ND25RNB190029

I.59 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

(Reference 52.236-5)

I.60 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

(Reference 52.236-6)

I.61 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

(Reference 52.236-7)

I.62 52.236-8 OTHER CONTRACTS (APR 1984)

(Reference 52.236-8)

I.63 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS

(APR 1984)

(Reference 52.236-9)

I.64 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

(Reference 52.236-10)

I.65 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

(Reference 52.236-11)

I.66 52.236-12 CLEANING UP (APR 1984)

(Reference 52.236-12)

I.67 52.236-13 ACCIDENT PREVENTION (NOV 1991)

(Reference 52.236-13)

I.68 52.236-13 I ACCIDENT PREVENTION (NOV 1991)--ALTERNATE I (NOV 1991)

(Reference 52.236-13 I)

I.69 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

(Reference 52.236-14)

I.70 52.236-17 LAYOUT OF WORK (APR 1984)

(Reference 52.236-17)

I.71 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

(Reference 52.236-21)

I.72 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

(Reference 52.236-26)

I.73 52.240-1 PROHIBITION ON UNMANNED AIRCRAFT SYSTEMS MANUFACTURED OR ASSEMBLED BY AMERICAN SECURITY

DRONE ACT--COVERED FOREIGN ENTITIES (NOV 2024)

(Reference 52.240-1)

I.74 52.242-13 BANKRUPTCY (JUL 1995)

(Reference 52.242-13)

I.75 52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

(Reference 52.243-5)

I.76 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (Reference 52.244-6)

I.77 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

(Reference 52.246-21)

I.78 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) (APR 1984)

PAGE 21 OF 99 1333ND25RNB190029

(Reference 52.249-1)

I.79 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

(Reference 52.249-10)

I.80 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

(a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract.

(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor`s request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if--

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that--

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor`s performance.

(Name) (Title) (Date)

(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the Contractor shall--

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until--

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld

PAGE 22 OF 99 1333ND25RNB190029

funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as--

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(h) Final payment. The Government shall pay the amount due the Contractor under this contract after--

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor`s claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 6305).

(i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A contract action is any action resulting in a contract, as defined in FAR Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(j) Interest computation on unearned amounts. In accordance with 31 U.S.C. 3903(c)(1), the amount payable under subparagraph (d)(2) of this clause shall be--

(1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the Contractor receives the unearned amount;

and

(2) Deducted from the next available payment to the Contractor.

I.81 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government` obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

PAGE 23 OF 99 1333ND25RNB190029

I.82 Physical Data

PAGE 24 OF 99 1333ND25RNB190029

52.236-4 PHYSICAL DATA (APR 1984)

Data and information…