Solicitation_Sections_A-M_Old_North_Church__0002.pdf

Solicitation

Document No.

140P2122R0004

Document Title

Old North Church Crypt Restoration, Boston, MA

SECTION B

SUPPLIES OR SERVICES AND PRICE/COSTS

Independently, and not as an agent of the Government, the Contractor shall provide all labor, materials, equipment and travel necessary for completion of the Restoration of the Old North

Church Crypt in Boston, Massachusetts.

1. BASIC REQUIREMENT

Work for the Basic Requirements falls within many different Sections of the

Specifications identified as A10 Foundations, A20 Basement Construction, C10

Interior Construction, C30 Interior Finishes, D20 Plumbing, D30 HVAC, D50

Electrical, F20, Selective Building Demolition and Site Improvements

CONTRACT

LINE ITEM

NUMBER

(CLIN)

CONTRACT LINE ITEM (CLI)

TITLE

QTY

UNIT OF

MEASURE

TOTAL PRICE

1 Clean and Repair deteriorated brick and mortar.

1 Lump Sum

2 Conserve/repair wood/stone/stucco tomb doors and hardware

1 Lump Sum

3 Accessibility improvements to the crypt –custom wood access door, interior ramps, railings, and lowered floor

1 Lump Sum

4 HVAC Improvements for Humidity

Control

1 Lump Sum

5 Electrical Improvements including:

relocate panelboard, install conduit for

HVAC improvements, install new exterior GFCI outlet.

1 Lump Sum

TOTAL FIRM-FIXED PRICE $__________________

Document Title

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

1. BACKGROUND AND OBJECTIVES

The goal of this project to restore the Old North Church Crypt. The work includes the restoration of the crypt through conservation and restoration of historic stone, brick, wood and metal elements, accessibility improvements, electrical improvements, HVAC improvements, and drainage improvements.

The Old North Church is a National Historic Landmark and identified in the Boston

National Historical Park’s enabling legislation. Historic Landmark status is given for the

Church’s association with the American Revolution. The Church is a Boston site where citizens and patriots first debated American’s liberty and struggled for that cause.

Basement guided tours are very popular and an important element of the Old North

Church visitor experience. The basement crypts contain remains of soldiers who died at the Battle of Bunker Hill. The crypts also contain the remains of the USS Constitution’s first Captain. This project is a partnership between the National Park Service and the Old

North Foundation. The National Park Service will provide technical guidance, construction contract procurement and construction management.

2 STATEMENT OF WORK

Independently, and not as an agent of the Government, the Contractor shall provide all labor, materials, equipment and travel necessary for completion of the Old North Church

Crypt Restoration in Boston, Massachusetts.

All work shall be completed in accordance with Attachment 1, Specifications entitled

“Old North Church Crypt 193 Salem Street Restoration, Boston, Massachusetts, Crypt

Restoration Boston National Historical Park PMIS No. 232488, Project Specifications, National Park Service, Historic Preservation Training Center, April 9, 2021, Revised:

May 5, 2021”, 403 Pages and Attachment 2, Drawings entitled “Old North Church

Crypt Restoration, Base Bid PMIS# BOST 232488 Date: April 9, 2021, Boston National

Historical Park, 20 Pages

Work is identified as the Basic Requirement and Options. Funding is presently available to award the Basic Requirement work. Options will be added to the awarded contract if funds are available. Option work not awarded as part of the contract will be written into the contract as priced Options to be added to the contract via written modification. It is anticipated that the work identified as the Basic Requirement and Options would be done during one mobilization period over the course of the project schedule.

A. BASIC REQUIREMENT

Work for the Basic Requirements falls within many different Sections of the

Specifications identified as A10 Foundations, A20 Basement, C10 Interior

Document Title

Construction, C30 Interior Finishes, D20, Plumbing, D30 HVAC, D50

Electrical, and F20 Selective Demolition. A brief summary of the work follows:

(1) Restoration of the crypt in the basement of the Old North Church including repair/replacement of deteriorated brick, mortar, and restoration/replacement of tomb doors and hardware.

(2) Accessibility improvements to the crypt – Remove existing interior concrete walkway, lower floor, and install new accessible path of travel.

(3) HVAC Improvements for humidity control.

(4) Electrical improvements including: relocate panelboard, install conduit for HVAC improvements, install new exterior GFCI outlet.

(5) Installation of sump pump.

(6) Install accessible handrails at existing interior columbarium.

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SECTION D

PACKING AND MARKING

None

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SECTION E

INSPECTION AND ACCEPTANCE

FAR 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.

Document Title

(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)

Document Title

SECTION F

DELIVERIES OR PERFORMANCE

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 15 calendar days calendar day 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 124 calendar days.

The time stated for completion shall include final cleanup of the premises.

FAR 52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the

Contractor shall pay liquidated damages to the Government in the amount of $2,522 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

FAR 52.211-13 TIME EXTENSIONS (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

(End of Clause)

FAR 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

Document Title

(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.

Document Title

SECTION G

CONTRACT ADMINISTRATION DATA

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction

(written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or

Document Title upon the contract action to be taken with respect thereto, shall be subject to the provisions of the

Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

1452.204-70 RELEASE OF CLAIMS (JUL 1996)

After completion of work and prior to final payment, the Contractor shall furnish the Contracting

Officer with a release of claims against the United States relating to this contract. The Release of

Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

(End of clause)

NOTICE TO CONTRACTORS - CONTRACTOR PERFORMANCE ASSESSMENT

REPORTING SYSTEM (DEC 2015)

1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts.

The Department of the Interior (DOI) has implemented the Contractor Performance Assessment

Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR

42.15.

2. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report.

Once the report is processed, it is available in the Past Performance Information Retrieval System

(PPIRS) for Government use in evaluating past performance as part of a source selection action.

3. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the

Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

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a. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

b. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c. All information provided should be reviewed for accuracy prior to submission.

d. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e. Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

6. The following guidelines apply concerning your use of the past performance evaluation:

a. Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of Notice)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET

PAYMENT PLATFORM (APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the

Treasury's Invoice Processing Platform System (IPP).

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"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 Prompt Payment clause included in the contract. The IPP website address is: https://www.ipp.gov.

The contractor shall submit a draft Invoice Package, including copies of the following documents, to the National Park Service’s (NPS) Construction Management Representative (CMR) a minimum of 5 working days prior to submittal of the formal Invoice through IPP. Within 5 working days of receipt, the CMR shall provide an acceptability recommendation to both the NPS

Contracting Officer’s Representative (COR) and the contractor. If the CMR recommends acceptance, the contractor shall submit a copy of the final version of the CMR’s checklist and the

Invoice Package to the NPS through IPP.

1. Completed copy of the CMR’s final Construction Payment Request Checklist (Submit only with the formal submittal to IPP)

2. Completed copy of the Pay Estimate Form (including signed certification of subcontractor payments)

3. Completed copy of the Limitations on Subcontracting Report

4. Certified copies of Payroll Reports per Contract clause 52.222-8 Payrolls and Basic

Records.

5. Completed copy of the Payroll Report PII Certification

6. Information required by contract clause 52.232-27, Prompt Payment for Construction

Contracts

7. A copy of the current construction schedule (refer to project specification section

013216)

8. A copy of the current Schedule of Values. (refer to project specification section 013216)

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in

SAM) will receive enrollment instructions via email from the Federal Reserve Bank of

Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the

Contracting Officer with its proposal or quotation.

(End of Local Clause) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

Document Title

SECTION H

SPECIAL CONTRACT REQUIREMENTS

PRE-PROPOSAL CONFERENCE AND SITE VISIT

A Preproposal Conference and Site Visit is scheduled for February 16, 2022, at 9:00 a.m. The meeting location is the Old North Church, 193 Salem Street, Boston, MA 02113. Three days prior to the meeting email the company and names of those attending the meeting to

Michael_Clarke@nps.gov.

SPECIAL CLAUSE 1: OPTION FOR ADDITIONAL SERVICES—SEPARATELY

PRICED LINE ITEMS

The Government may require the delivery of the numbered line items identified in the Schedule as option items at the price stated in the Schedule. The Contracting Officer may unilaterally exercise the option by written notice to the Contractor within 120 days after contract award.

Performance of added line item tasks shall be at the price negotiated in the contract Schedule.

SPECIAL CLAUSE 2: KEY PERSONNEL

(a) The Contractor shall assign to this contract the following key personnel:

Project Manager:____________________________________________

On-Site Superintendent:___________________________________

(b) During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.

The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 15 calendar-day period, the Contractor shall submit the information required by paragraph

(c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(d) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

SPECIAL CLAUSE 3: KEY TRADES

(a) The Contractor shall identify firms that will perform KEY TRADES under this contract.

If Key Trades will be self-performed, note “self-performed” in the appropriate trade;

otherwise provide the name(s) of assigned subcontractors.

mailto:Michael_Clarke@nps.gov

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Masonry:_______________________________________________________________

Carpentry:_______________________________________________________________

Concrete:________________________________________________________________

(b) The assignments above are permanent for the contract duration. The Contractor shall make no substitutes of the above listed Key Trade assignments unless the substitution is approved or directed by the Contracting Officer. The Contractor shall send requests for substitutions to the Contracting Officer a minimum of 30 calendar days prior to any substitution and provide the information required by paragraph (c) below.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete qualification statements for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to the firm being replaced. The Contracting Officer will approve or deny substitution requests within 15 calendar days after receipt of all required information. This clause will be modified to reflect any approved changes.

SPECIAL CLAUSE 4: WORKING IN FEDERAL BUILDINGS OR FEDERALLY

CONTROLLED INDOOR WORKSPACES

In order to take steps to prevent the spread of COVID-19 and to protect the health and safety of all Federal employees, onsite contractors, visitors to Federal buildings or Federally controlled indoor workspaces, and other individuals interacting with the Federal workforce, employees under the subject contract who are required to work on site in Federal buildings or Federally controlled indoor worksites must comply with requirements at https://www.saferfederalworkforce.gov/overview/.

Section J, Attachments 7 and 8 shall be incorporated into any contract resulting from this

Solicitation.

(End of Local Clause) https://www.saferfederalworkforce.gov/overview/

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SECTON I

CONTRACT CLAUSES

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

The 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/these address(es):

https://www.acquisition.gov/browse/index/far

CLAUSE NUMBER

TITLE DATE

FAR 52.202-1 Definitions (JUN 2020)

FAR 52.203-3 Gratuities (APR 1984)

FAR 52.203-5 Covenant Against Contingent

Fees

(MAY 2014)

FAR 52.203-6 Restrictions on Subcontractor

Sales to the Government

(JUN 2020)

FAR 52.203-7 Anti-Kickback Procedures (JUN 2020) FAR 52.203-8 Cancellation, Rescission, and

Recovery of Funds for Illegal or Improper Activity

(MAY 2014)

FAR 52.203-10 Price or Fee Adjustment for

Illegal or Improper Activity

(MAY 2014)

FAR 52.203-12 Limitation on Payments to

Influence Certain Federal

Transactions.

(JUN 2020)

FAR 52.203-17

Contractor Employee

Whistleblower Rights and

Requirement To Inform

Employees of Whistleblower

Rights.

(JUN 2020)

FAR 52.203-19 Prohibition on Requiring

Certain Internal

Confidentiality Agreements or Statements

(JAN 2017)

FAR 52.204-4 Printed or Copied Double-

Sided on Postconsumer Fiber

Content Paper

(MAY 2011)

https://www.acquisition.gov/browse/index/far

Document Title

CLAUSE NUMBER TITLE DATE

FAR 52.204-9 Personal Identity Verification of Contractor Personnel

(JAN 2011)

FAR 52.204-10 Reporting Executive

Compensation and First-Tier

Subcontract Awards

(JUN 2020)

FAR 52.204-13 System for Award

Management Maintenance

(OCT 2018)

FAR 52.204-14 Service Contract Reporting

Requirements

(OCT 2016)

FAR 52.204-18 Commercial and Government

Entity Code Maintenance

(AUG 2020)

FAR 52.204-19 Incorporation by Reference of

Representations and

Certifications

(DEC 2014)

FAR 52.204-21 Basic Safeguarding of

Covered Contractor

Information Systems

(NOV 2021)

FAR 52.209-6 Protecting the Government’s

Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment

(NOV 2021)

FAR 52.209-9 Updates of Publicly Available

Information Regarding

Responsibility Matters

(OCT 2018)

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic

Corporations

(NOV 2015)

FAR 52.215-2 Audit and Records -

Negotiation.

(JUN 2020)

FAR 52.215-8 Order of Precedence-Uniform

Contract Format

(OCT 1997)

FAR 52.219-6

Notice of Total Small

Business Set-Aside

(NOV 2020)

FAR 52.219-8 Utilization of Small Business

Concerns

(OCT 2018)

FAR 52.219-14 Limitations on Subcontracting (NOV 2021)

FAR 52.219-16 Liquidated Damages –

Subcontracting Plan

(SEP 2021)

Document Title

CLAUSE NUMBER

TITLE DATE

FAR 52.219-28 Post Award Small Business

Program Representation

(SEP 2021)

FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.222-4 Contract Work Hours and

Safety Standards - Overtime

Compensation

(MAY 2018)

FAR 52.222-6 Construction Wage Rate

Requirements

(AUG 2018)

FAR 52.222-7 Withholding of Funds (MAY 2014) FAR 52.222-8 Payrolls and Basic Records (JUL 2021) FAR 52.222-9 Apprentices and Trainees (JUL 2005)

FAR 52.222-10 Compliance with Copeland

Act Requirements

(FEB 1988)

FAR 52.222-11 Subcontracts (Labor

Standards)

(MAY 2014)

FAR 52.222-12 Contract Termination –

Debarment

(MAY 2014)

FAR 52.222-13 Compliance with

Construction Wage Rate

Requirements and Related

Regulations

(MAY 2014)

FAR 52.222-14 Disputes Concerning Labor

Standards

(FEB 1988)

FAR 52.222-15 Certification of Eligibility (MAY 2014) FAR 52.222-21 Prohibition of segregated facilities

(APR 2015)

FAR 52.222-26 Equal Opportunity (SEP 2016)

FAR 52.222-27 Affirmative Action

Compliance Requirements for

Construction

(APR 2015)

FAR 52.222-35 Equal Opportunity for

Veterans

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FAR 52.222-36 Equal Opportunity for

Workers with Disabilities

(JUN 2020)

FAR 52.222-37 Employment Reports on

Veterans.

FAR 52.222-40 Notification of Employee

Rights Under the National

Labor Relations Act

(DEC 2010)

FAR 52.222-50 Combating Trafficking in

Persons

(NOV 2021)

FAR 52.222-54 Employment Eligibility

Verification

(NOV 2021)

FAR 52.222-55 Minimum Wages Under

Executive Order 13658

(NOV 2020)

FAR 52.222-62 Paid Sick Leave Under

Executive Order 13706.

(JAN 2017)

FAR 52.223-5 Pollution Prevention and

Right-to-Know Information

(MAY 2011)

FAR 52.223-6 Drug-Free Workplace (MAY 2001)

FAR 52.223-17 Affirmative Procurement of

EPA-designated Items in

Service and Construction

Contracts

(AUG 2018)

FAR 52.223-18 Encouraging Contractor

Policies to Ban Text

Messaging While Driving

(JUN 2020)

FAR 52.223-21 Foams (JUN 2016)

FAR 52.224-1 Privacy Act Notification (APR 1984) FAR 52.224-2 Privacy Act (APR 1984) FAR 52.224-3 Privacy Training (JAN 2017) FAR 52.225-13 Restrictions on Certain

Foreign Purchases

(FEB 2021)

FAR 52.227-1 Authorization and Consent (JUN 2020)

FAR 52.227-2 Notice and Assistance

Regarding Patent and

Copyright Infringement

(JUN 2020)

FAR 52.227-4 Patent Indemnity--

Construction Contracts

(DEC 2007)

FAR 52.228-2 Additional Bond Security (OCT 1997)

FAR 52.228-5 Insurance – Work on a

Government Installation

(JAN 1997)

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FAR 52.228-11 Pledges of Assets (FEB 2021)

FAR 52.228-12 Prospective Subcontractor

Requests for Bonds

(MAY 2014)

FAR 52.228-14 Irrevocable Letter of Credit (NOV 2014)

FAR 52.228-15 Performance and Payment

Bonds - Construction

(JUN 2020)

FAR 52.229-3 Federal, State, and Local

Taxes

(FEB 2013)

FAR 52.229-12

Tax on Certain Foreign

Procurements

(FEB 2021)

FAR 52.232-5 Payments Under Fixed-Price

Construction Contracts.

(MAY 2014)

FAR 52.232-17 Interest (MAY 2014)

FAR 52.232-23 Assignment of Claims (MAY 2014)

FAR 52.232-27 Prompt Payment for

Construction Contracts

(JAN 2017)

FAR 52.232-33 Payment by Electronic Funds

Transfer - System for Award

Management.

(OCT 2018)

FAR 52.232-39 Unenforceability of

Unauthorized Obligations.

(JUN 2013)

FAR 52.232-40 Providing Accelerated

Payments to Small Business

Subcontractors

(NOV 2021)

FAR 52.233-1 Disputes (MAY 2014) - Alternate I

(DEC 1991)

FAR 52.233-3 Protest After Award (AUG 1996)

FAR 52.233-4 Applicable Law for Breach of

Contract Claim.

(OCT 2004)

FAR.242-5 Payments to Small Business

Subcontractors

(JAN 2017)

FAR 52.242-13 Bankruptcy (JUL 1995)

FAR 52.243-4 Changes (JUN 2007)

FAR 52.244-6 Subcontracts for Commercial

Items.

(JAN 2022)

FAR 52.246-21 Warranty of Construction (MAR 1994)

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FAR 52.248-3 Value Engineering –

Construction

(OCT 2020)

FAR 52.249-2 Termination for Convenience of the Government (Fixed-

Price)

(APR 2012)

ALT 1 (SEPT 1996)

FAR 52.249-10 Default (Fixed-Price

Construction)

FAR 52.253-1 Computer Generated Forms (JAN 1991)

1452.203-70 RESTRICTIONS ON ENDORSEMENTS (JUL 1996)

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205–1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government or is considered by the

Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

(End of clause)

FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (NOV 2021)

(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

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(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 a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting

Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(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)(1) 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.

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

https://dibnet.dod.mil/

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FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

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 of the 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;

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(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 of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

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

(b) Prohibition.

(1) Section 889(a)(1)(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 FAR 4.2104.

(2) Section 889(a)(1)(B) 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, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any https://www.acquisition.gov/far/4.2104#FAR_4_2104

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(c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) 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 to the Contracting

Officer, unless elsewhere in this contract are established procedures for reporting the information; 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 Contracting Officer for the indefinite delivery contract and the

Contracting Officer(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)(1) 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.

https://www.acquisition.gov/far/4.2104#FAR_4_2104

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(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

FAR 52.217-7 OPTION FOR INCREASED QUANTITY-SEPARATELY PRICED LINE

ITEM

The Government may require the delivery of the numbered line item, identified in the

Schedule as an option item, in the quantity and at the price stated in the Schedule.

The Contracting Officer may exercise the option by written notice to the Contractor within 120 Days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (SEP 2021) (DEVIATION SEP

2021)

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

(b) 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

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(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:

(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

Document Title not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract…