15B10626Q00000017 FCC BUTNER - updated 6.25.2026.pdf

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FCC BUTNER - BUT INTERIOR REPAIRS - FLOORING SYSTEM Federal contract opportunity
Solicitation number
15B10626Q00000017
Issued by
Department of Justice Bureau of Prisons Federal Correctional Complex Butner

About this file

This is an Invitation for Bid (IFB) for construction services at the Federal Correctional Institution in Butner, North Carolina. The solicitation number is 15B10626Q00000017, issued by the Federal Bureau of Prisons on June 9, 2026, with a bid deadline of July 8, 2026 at 4:00 PM Eastern Time. The contract is for firm fixed price interior repairs and flooring system work at the facility, with performance required to begin within 10 calendar days of award and be completed within 91 calendar days. Wage Determination NC20260003 applies to this project.

The contractor must provide all materials, labor, and equipment to complete the work in accordance with the attached Statement of Work (Approved BUT_26Z1AS5_SOW.pdf). Key requirements include furnishing performance and payment bonds within 10 days of award at 100 percent of the contract price, maintaining insurance coverage including workers' compensation ($100,000), comprehensive general liability ($500,000 per occurrence), and comprehensive automobile liability ($500,000 per occurrence). The government requires a bid guarantee equal to 20 percent of the bid price or $3,000,000, whichever is less. Liquidated damages are assessed at $1,508.17 per calendar day for delays beyond the contract completion date. The contract administration office is the Federal Bureau of Prisons at FCC Butner, with N. Fuller, Engineering Technician (919-575-4541 ext 3156), designated as the Contracting Officer's Representative. Bidders must submit references, bank information, and past performance documentation as specified in the representations and certifications section, with contract closeout required within six months of physical completion.

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Other files for this federal contract opportunity

Other files attached to FCC BUTNER - BUT INTERIOR REPAIRS - FLOORING SYSTEM, newest first.
File Type Posted
Pre-Quote Meeting Minutes and Sign In Sheet - 15B10626Q00000017 - Signed.pdf PDF
Amendment 2.pdf PDF
Standard Form 24 - Bid Bond.pdf PDF
BUT INTERIOR REPAIRS - FLOORING SYSTEM - Q and A.pdf PDF
Instructions for Quoters - BUT Interior Repairs - FCC BUTNER.pdf PDF
NCIC FORM.pdf PDF
15B10626Q00000017 FCC BUTNER.pdf PDF
Davis-Bacon Act WD NC20260003.pdf PDF
Statement of Work - BUT Interior Repairs - Flooring System.pdf PDF

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15B10626Q00000017 Page 1 of 46

SOLICITATION,OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

15B10626Q00000017

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

2. TYPE OF SOLICITATION 3. DATE ISSUED

06/09/2026

PAGE OF PAGES

1 46

IMPORTANT -The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER

15B10626PR000735

6. PROJECT NUMBER

26Z1AS5

CODE 15B106

Federal Bureau of Prisons FCC Butner

OLD NC HWY 75

Butner, NC 27509

7. ISSUED BY 8. ADDRESS OFFER TO

9. FOR

INFORMATION CALL:

a. NAME

Ashley Harding a1huffman@bop.gov

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

SOLICITATION

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

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

THE SELECTED CONTRACTOR SHALL PROVIDE ALL MATERIALS, LABOR, AND EQUIPMENT TO COMPLETE BUT INTERIOR REPAIRS - FLOORING SYSTEM AT THE FEDERAL CORRECTIONAL INSTITUTION LOCATED IN BUTNER, NC IN ACCORDANCE WITH THE ATTACHED STATEMENT OF WORK. WAGE DETERMINATION NC20260003 IS INCLUDED IN THIS SOLICIATION.

11. The Contractor shall begin performance within calendar days and complete it within calendar days after receiving10 91 award, X notice to proceed. This performance period is X mandatory negotiable. (See __________________________.)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12b).

X YES NO

12b. CALENDAR DAYS

Sealed offers in original and copies to perform the work required are due at the place specified in item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

16:00US/

Eastern a.

07/08/2026

b. An offer guarantee is, X is not required.

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.c.

90d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 12/2022)

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

15B10626Q00000017 Page 2 of 46

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

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

CODE FACILITY CODE

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

17.

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.

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

20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

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

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE

UNITED STATES CODE AT

26. ADMINISTERED BY 15B106

Federal Bureau of Prisons FCC Butner

OLD NC HWY 75

Butner, NC 27509

Ashley Harding a1huffman@bop.gov

Federal Bureau of Prisons FCC Butner

PO BOX 999

Butner, NC 27509 bux-invoices@bop.gov

27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return __________ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work 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.

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

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

Ashley Harding

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

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

15B10626Q00000017 Page 3 of 46

Table of Contents

Section Description Page Number

1 Solicitation, Offer and Award 2 Commodity or Services Schedule 3 Special Contract Requirements

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020) FAO-0001 Bonds FAO-0003 Required Insurance FAO-0004 Pre-Construction Conference FAO-0005 Submittals FAO-0006 Contractor Use of Premises FAO-0007 Payment Services FAO-0008 Request for Final Inspection FAO-0009 Contract Security (Program Statement 3000.03 Human Resource Management Manual) FAO-0010 Assignment of Contract Administration Office and Functions FAO-0011 Schedule of Values FAO-0012 Progress Meetings FAO-0013 Contract Closeout Procedures (for construction contracts exceeding $150,000)

4 Contract Clauses 52.211-13 Time Extensions (Sept 2000) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 (DEV) System for Award Management-Maintenance (Oct 2018) (DEVIATION NOV 2025) 52.209-6 (DEV) Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan 2025)

(DEVIATION NOV 2025)

52.209-10 (DEV) Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015)

(DEVIATION NOV 2025)

52.219-6 (DEV) Notice of Total Small Business Set-Aside (Nov 2020) (DEVIATION DEC 2025) 52.222-6 (DEV) Construction Wage Rate Requirements (Aug 2018) (DEVIATION AUG 2025) 52.222-7 (DEV) Withholding of Funds (May 2014) (DEVIATION DEC 2025) 52.222-8 (DEV) Payrolls and Basic Records (Jul 2021) (DEVIATION DEC 2025) 52.222-9 (DEV) Apprentices and Trainees (July 2005) (DEVIATION DEC 2025) 52.222-10 (DEV) Compliance with Copeland Act Requirements (Feb 1988) (DEVIATION DEC 2025) 52.222-11 (DEV) Subcontracts (Labor Standards) (May 2014) (DEVIATION DEC 2025) 52.222-12 Contract Termination - Debarment (May 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014) 52.222-14 (DEV) Disputes Concerning Labor Standards (Feb 1988) (DEVIATION DEC 2025) 52.222-15 Certification of Eligibility (May 2014) 52.222-19 (DEV) Child Labor-Cooperation with Authorities and Remedies (Jan 2025)

(DEVIATION MAR 2026)

52.222-35 (DEV) Equal Opportunity for Veterans (Jun 2020) (DEVIATION DEC 2025) 52.222-36 (DEV) Equal Opportunity for Workers with Disabilities (Jun 2020) (DEVIATION

DEC 2025)

52.222-37 (DEV) Employment Reports on Veterans (Jun 2020) (DEVIATION DEC 2025) 52.222-41 (DEV) Service Contract Labor Standards (Aug 2018) (DEVIATION DEC 2025) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

15B10626Q00000017 Page 4 of 46

52.222-50 (DEV) Combating Trafficking in Persons (Oct 2025) (DEVIATION DEC 2025) 52.222-55 (DEV) Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan

2022) (DEVIATION DEC 2025)

52.222-62 (DEV) Paid Sick Leave Under Executive Order 13706 (Jan 2022) (DEVIATION

DEC 2025)

52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026) 52.223-2 (DEV) Reporting of Biobased Products Under Service and Construction Contracts (May 2024) (DEVIATION DEC 2025) 52.223-3 (DEV) Hazardous Material Identification and Safety Data (Feb 2021) (DEVIATION

DEC 2025)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2024) 52.223-23 (DEV) Sustainable Products (May 2024) (DEVIATION DEC 2025) 52.225-10 Notice of Buy American Requirement-Construction Materials (May 2014) 52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving (May 2024) 52.227-4 Patent Indemnity-Construction Contracts (Dec 2007) 52.228-2 Additional Bond Security (Oct 1997) 52.228-11 Individual Surety-Pledge of Assets (Feb 2021) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 (DEV) Protest after Award (Aug 1996) (DEVIATION NOV 2025) 52.233-4 (DEV) Applicable Law for Breach of Contract Claim (Oct 2004) (DEVIATION NOV 2025) 52.236-6 (DEV) Superintendence by the Contractor (Apr 1984) (DEVIATION AUG 2025) 52.236-7 (DEV) Permits and Responsibilities (Nov 1991) (DEVIATION AUG 2025) 52.236-8 (DEV) Other Contracts (Apr 1984) (DEVIATION AUG 2025) 52.236-9 (DEV) Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) (DEVIATION AUG 2025) 52.236-10 (DEV) Operations and Storage Areas (Apr 1984) (DEVIATION AUG 2025) 52.236-11 (DEV) Use and Possession Prior to Completion (Apr 1984) (DEVIATION AUG 2025) 52.236-12 (DEV) Cleaning Up (Apr 1984) (DEVIATION AUG 2025) 52.236-21 (DEV) Specifications and Drawings for Construction (Feb 1997) (DEVIATION AUG 2025) 52.240-91 (DEV) Security Prohibitions and Exclusions (DEVIATION NOV 2025) 52.244-6 (DEV) Subcontracts for Commercial Products and Commercial Services (Jan 2025)

(DEVIATION APR 2026)

52.253-1 (DEV) Computer Generated Forms (Jan 1991) (DEVIATION NOV 2025) 52.222-3 (DEV) Convict Labor (June 2003) (DEVIATION DEC 2025) 52.225-1 (DEV) Buy American-Supplies (Oct 2022) (DEVIATION DEC 2025) 52.228-15 Performance and Payment Bonds-Construction (Jun 2020) 52.229-2 (DEV) North Carolina State and Local Sales and Use Tax (Apr 1984) (DEVIATION

AUG 2025)

52.236-2 (DEV) Differing Site Conditions (Apr 1984) (DEVIATION AUG 2025) 52.236-3 (DEV) Site Investigation and Conditions Affecting the Work (Apr 1984) (DEVIATION

AUG 2025)

52.236-5 (DEV) Material and Workmanship (Apr 1984) (DEVIATION AUG 2025) 52.236-13 (DEV) Accident Prevention (Nov 1991) (DEVIATION AUG 2025) 52.236-14 (DEV) Availability and Use of Utility Services (Apr 1984) (DEVIATION AUG 2025) 52.236-17 (DEV) Layout of Work (Apr 1984) (DEVIATION AUG 2025) 52.211-12 Liquidated Damages-Construction (Sept 2000) 52.212-4 (DEV) Terms and Conditions-Commercial Products and Commercial Services (Nov

2023) (DEVIATION NOV 2025)

2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020) BOP 2852.201-71 Contracting Officer's Representative (COR) (June 2012)

15B10626Q00000017 Page 5 of 46

DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021) DOJ-08 Continuing Contract Performance During a Pandemic Influenza or other National Emergency (OCT 2007) FAO-0015 Changes FAO-0016 Equitable Adjustments: Waiver and Release of Claims

5 Attachments 6 Solicitation Provisions

52.204-7 (DEV) System for Award Management-Registration (Nov 2024) (DEVIATION NOV 2025) 52.212-1 (DEV) Instructions to Offerors-Commercial Products and Commercial Services (Sep

2023) (DEVIATION NOV 2025)

2852.233-70 Protests Filed Directly with the Department of Justice (NOV 2020) 52.222-5 (DEV) Construction Wage Rate Requirements - Secondary Site of the Work (May

2014) (DEVIATION DEC 2025)

52.228-1 Bid Guarantee (Sept 1996) 52.228-17 Individual Surety-Pledge of Assets (Bid Guarantee) (Feb 2021) 52.212-2 (DEV) Evaluation-Commercial Products and Commercial Services (Nov 2021)

(DEVIATION NOV 2025)

7 Representations and Certifications 52.203-11 Certification And Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2024) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) 52.225-2 Buy American Certificate (Oct 2022) FAO-0020 List of References and Bank Information FAO-0021 Business Management Questionnaire FAO-0022 List of References and Bank Information

15B10626Q00000017 Page 6 of 46

Section 2 - Commodity or Services Schedule

THE SELECTED CONTRACTOR SHALL PROVIDE ALL MATERIALS, LABOR, AND EQUIPMENT TO COMPLETE BUT INTERIOR REPAIRS - FLOORING SYSTEM AT THE FEDERAL CORRECTIONAL INSTITUTION LOCATED IN BUTNER, NC IN

ACCORDANCE WITH THE ATTACHED STATEMENT OF WORK.

Firm Fixed Price

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 THE SELECTED CONTRACTOR SHALL PROVIDE ALL

MATERIALS, LABOR, AND EQUIPMENT TO COMPLETE BUT

INTERIOR REPAIRS - FLOORING SYSTEM AT THE FEDERAL

CORRECTIONAL INSTITUTION LOCATED IN BUTNER, NC IN

ACCORDANCE WITH THE ATTACHED STATEMENT OF WORK.

WAGE DETERMINATION NC20260003 IS INCLUDED IN THIS

SOLICIATION.

PSC: 7220

Delivery Schedule:

Delivery Description:

Delivery Number: 1 Delivery Required On:

Quantity: 1.000000

1 JB $________ $_________________

The successful contractor shall be responsible for all applicable federal, state, and local taxes. No tax exemption certification will be issued by the Federal Bureau of Prisons. THE TOTAL PRICE SHALL BE WRITTEN ON LINE ITEM 17 OF THE SF 1442.

15B10626Q00000017 Page 7 of 46

Section 3 - Special Contract Requirements

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

Clause Title Fill-ins (if applicable)

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous

Material (NOV 2020)

Clauses By Full Text

FAO-0001 Bonds

(a) Bid Guarantee. Each bidder shall submit with his bid a Bid Bond (Standard Form 24) with good and sufficient surety or sureties acceptable to the Government, or other security as provided in provision 52.228-1, in the form of twenty percent (20) of the bid price or not to exceed $3,000,000. The bid bond penalty may be expressed in terms of a percentage of the bid price or may be expressed in dollars and cents. A bid bond is not required for bids of $150,000 or less. (FAR 28.102-1)

(b) Performance and Payment Bonds. Within 10 days after award the contractor shall execute and submit to the Contracting Officer two bonds, each with good and sufficient surety or sureties acceptable to the Government, as follows;

a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25A). The penal sums of such bonds will be as follows: (Not required for contracts of $150,000 or less)

(1) Performance Bond: The penal sum of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bond: The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(c) For construction contracts greater than $35,000 but not greater than $150,000, the Contracting Officer shall select two or more of the following payment protections, giving particular consideration to inclusion of an irrevocable letter of credit as one of the selected alternatives (FAR 28.102-1(b)(1)):

(1) A Payment Bond;

(2) An irrevocable letter of credit (ILC);

(3) A tripartite escrow agreement;

(4) A Certificate of Deposit; or

(5) A deposit of the types of security listed in 28.204-1 and 28.204-2.

(d) Individual Sureties.

15B10626Q00000017 Page 8 of 46

(1) Bidders may elect to furnish individual surety bonds. If individual surety bonds are furnished for bid guarantees, payment or performance bonds, the individual sureties must submit their bonds proof of ownership and value of the assets which they claim in their net worth at time of bid opening. The Government's preferred method of proof is to have a statement of net worth prepared by a Certified Public Accountant (CPA) in accordance with Generally Accepted Accounting Principles (GAAP). Statements from a CPA that contain disclaimers are not acceptable. The statement of net worth on the Standard Form 28, Affidavit of Individual Surety, is insufficient and will not be accepted without additional proof of value and ownership.

(2) Bidders are cautioned that individual sureties must provide complete and detailed information in Block 9 of Standard Form 28 concerning other contracts on which they have provided bonds. This information shall include contract number, contract location, amount, and type of bond and telephone number of the involved contracting office. Failure to provide the proof and information required may result in rejection of the bid or termination of the contract for failure to provide adequate bonds.

FAO-0003 Required Insurance

See FAR 52.228-5, Insurance - Work on a Government Installation.

The Contractor shall, at its own expense, provide and maintain during the entire performance period of this contract, at least the kinds and minimum amounts of insurance required in the

Schedule or elsewhere in the contract.

TYPE AMOUNT

(1) WORKERS COMPENSATION & EMPLOYER'S LIABILITY $100,000

The required Workmen's Compensation Insurance shall extend to cover employee's liability for accidental bodily injury or death and for occupational disease with a minimum liability of $100,000.

(2) COMPREHENSIVE GENERAL LIABILITY with a minimum limit of:

PER ACCIDENT OR

OCCURRENCE FOR BODILY INJURY $500,000

This insurance shall include contractor's protective and contractual liability.

(3) COMPREHENSIVE AUTOMOBILE LIABILITY with the following minimum limits:

15B10626Q00000017 Page 9 of 46

PER PERSON $200,000

PER OCCURRENCE FOR BODILY INJURY $500,000

PER OCCURRENCE FOR PROPERTY DAMAGE $ 20,000

FAO-0004 Pre-Construction Conference

(a) Prior to the start of construction, Contracting Officers shall call a conference with the contractor, subcontractor(s), Warden, Controller/Business Administrator, Safety Manager, Facilities Administrator, Project Representative, A&E firm, Captain and other interested personnel to discuss the statutory labor standards, prevailing wage requirements, submission of the contractor's payrolls, subcontractor's responsibilities, institution work schedules, local policies, contraband, parking, storage of vehicles and equipment, etc.

Minutes of the conference shall be recorded, listing the names and titles of all attendees, and the subject matter of all items covered. The minutes shall be signed by the contractor and the Contracting Officer, and a signed copy placed in the contract file.

(b) The Contractor shall familiarize himself/herself with all procedures involved in normal institution routines. Any requirements which may constitute a problem or result in conflict, will be brought to the attention of the Contracting Officer or his representative for determination.

FAO-0005 Submittals

Within 10 calendar days after commencement of work or as otherwise established by the Contracting Officer, all materials and articles requiring approval, as contemplated by the Materials and Workmanship clause, shall be submitted by the contractor.

The submittal process is in place to allow the Government the opportunity to determine whether materials or procedures used by the contractor are in accordance with contract requirements. It is ultimately the Contractor's responsibility via the quality control process to ensure submittal items installed under the contract and work performed on site are in accordance with industry standards and general practices.

(a) The types of submittal requirements specified in this contract may include, but is not limited to; shop drawings, product data, samples, certificates of conformance or compliance, certified test or inspection reports, equipment, materials, and miscellaneous work related submittals for construction. Individual submittal requirements are generally specified in applicable sections for each unit of work in the specifications and/or as a whole in one section in the statement of work.

(b) The Bureau of Prisons (BOP) Contracting Officer’s Representative (COR) shall act for the Contracting Officer in the review and acceptance of all submittals. The Contractor shall submit submittals as required by the contract/specificat ions to the COR for transmittal to the Contracting Officer. Fabrication of any work or purchase or use of any submittals (such as materials for which samples are required or equipment, etc.) shall not take place until written acceptance is given by the COR, except at the Contractor's own risk.

(c) The Contractor shall submit all shop drawings and submittals sufficiently in advance (unless otherwise specified in the specifications) of the construction requirements to allow ample time for checking, re-submitting, and re-checking.

(d) Failure of any materials to pass their specified tests shall be sufficient cause for refusal to consider, under this contract, any further samples of the same brand or make of that material. The Government reserves the right to disapprove any material or equipment which has previously proven unsatisfactory in service.

(e) The Contracting Officer’s or designee’s approval or acceptance of submittals is not to be construed as a complete check. Approval or acceptance will not relieve the Contractor of the responsibility for any error which may exist, as the Contractor is responsible for the satisfactory construction of all work. The Contractor is responsible for delivering a final product/system that is operational as intended by the contract requirements, regardless of any Government approvals or

15B10626Q00000017 Page 10 of 46 acceptance of submittals. The Government assumes no liability during the submittal approval/acceptance process. It is the sole responsibility of the Contractor to deliver a properly functioning product or system.

FAO-0006 Contractor Use of Premises

Work Hours The project schedule is based on a normal forty (40) hour work week, eight (8) hours per day, Monday through Friday, excluding Federal holidays. The Contracting Officer’s Representative (COR) shall establish the work hour time frames for the duration of the project, subject to the approval of the Contracting Officer. Work hours and work days may be altered only with a 48 hour advance approval of the Contracting Officer.

NOTE: Access to the site will be available during normal working hours except during emergencies. It shall be the responsibility of the Contractor to familiarize himself, his employees, and his subcontractors of the working hours and conditions in the correctional facility, as working hours may not constitute a full eight hour day. The Government assumes no responsibility to the Contractor, nor to any of his subcontractors, for shorter hours due to institutional emergencies or entry and/or exit of workers necessitated by normal institution routines. The procedures and institutional entrance/ exit routines applicable to this project will be explained at both the pre-bid conference/site visit and the pre-construction meeting.

Contraband The Contractor shall inform his employees that intoxicating beverages, drugs, weapons, etc., will not be allowed on the site. Introduction of contraband shall be subject to the penalties prescribed by Title 18 USC-1791.

Explosives The use of explosives is absolutely forbidden without written authorization from the Contracting Officer.

Parking and Temporary Office Parking will be available at the site to the extent it does not interfere with construction activities. Otherwise, parking shall be provided for by the Contractor, at his expense, off the site for workmen employed on the project. Any temporary field office used by the Contractor shall be located in an area approved by the COR.

Safety and Accident Prevention In performing work under this contract the contractor shall:

(a) Conform to the specific safety requirements established by this contract;

(b) Comply with the safety rules of the Government institution that concern related activities not directly addressed in this contract;

(c) Take all reasonable steps and precautions to prevent accidents and preserve the life and health of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(d) Take such additional immediate precautions as the Contracting Officer and/or COR may reasonably require for safety and accident prevention purposes.

FAO-0007 Payment Services

(a) Original application for payment shall be prepared on AIA (American Institute of Architects) Form G-702 "Application and Certificate for Payment" and submitted to the Contracting Officer. The contractor may use another form;

however, it shall contain similar information as the AIA Form G-702. The Contracting Officer’s Representative (COR) will approve the amount of payment by signing. The approved application for payment shall be forwarded as follows: Original to Accounting; Copy for Contract Award File.

(b) All small business contractors are required to self-certify on all invoices their small business status.

(c) The following information is required with each application for payment:

• Name and address of contractor

• Contract number

15B10626Q00000017 Page 11 of 46

• Contractor invoice/application for payment number

• Description, price, and quantity of construction completed/rendered

• Payment terms (reference the contract payment clause)

• Other substantiating documentation or information required by the contract

• Name, title, and phone number of official to be notified in the event of a defective invoice

• Contractor TIN (Tax ID Number)

FAO-0008 Request for Final Inspection

The Contractor shall give the Contracting Officer’s Representative (COR) a minimum of ten (10) working days advanced written notice of the date on which the work will be fully completed and ready for the Government’s final inspection.

FAO-0009 Contract Security (Program Statement 3000.03 Human Resource Management Manual)

In addition to the information contained in clause “DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021); (Alt. I) -- Classified Information –

Cleared

Contractors”, the following additional security is required to be completed and submitted for all contract employees who will be working under the terms of the contract:

Criminal History Check – BP-A0660

CJIS Name Check Request Form

BOP Contractor Pre-employment Questionnaire

BOP Authority for Release of Information

FAO-0010 Assignment of Contract Administration Office and Functions

Pursuant to FAR 42.201 and 42.202, the assigned Contract Administration Office is listed in Block 26 of the Standard Form 1442 Back. This assignment carries with it the authority to perform all of the contract administration functions listed in FAR 42.302(a) and 42.302(b) to the extent that those functions apply to the contract.

The Contract Administration Office is required, however, to obtain written authorization from the Procuring Contracting Officer (PCO) to perform any function listed under 42.302(b). Specifically, the Administrative Contracting Officer (ACO) is required to obtain written authorization to perform the below referenced functions FOR CONSTRUCTION CONTRACT

AWARDS:

(1) Negotiate or negotiate and execute supplemental agreements incorporating contractor proposals resulting from change orders issued under the Changes clause. Before completing negotiations, coordinate any delivery schedule change with the contracting office.

(2) Negotiate prices and execute priced exhibits for unpriced orders issued by the contracting officer under basic ordering agreements.

(3) Negotiate or negotiate and execute supplemental agreements changing contract delivery schedules.

(4) Complete Contractor Performance Assessment Report System (CPARS) evaluations of contractor performance in accordance with FAR Subpart 42.15.

Should any other function under FAR Subpart 42.15 not listed above be required, the ACO is required to contact the PCO for authority.

15B10626Q00000017 Page 12 of 46

FAO-0011 Schedule of Values

The Contractor shall prepare a Schedule of Values (SOV) for the project and submit to the Contracting Officer for approval prior to submitting the first application for payment. The SOV shall be correlated with the construction schedule.

The SOV shall be formatted per the Construction Specification Institute Master Format structure. The Contractor may propose an alternate organizational format to the Contracting Officer for approval.

(a) The SOV shall include:

(1) Project name, location, and contract number;

(2) Contractor’s name and address;

(3) Date of submittal.

(b) The SOV shall be arranged in a tabular form with separate columns to indicate the following for each item listed:

(1) Description of Work or Material;

(2) Related specification section, if applicable;

(3) Name of subcontractor, if applicable;

(4) Name of manufacturer or fabricator, if applicable;

(5) Name of supplier, if applicable;

(6) Change orders (modifications) that have affected value, if applicable;

(7) Dollar value;

(8) Percentage of Contract sum rounded to the nearest percent, adjusted to total 100 percent.

(c) The SOV shall breakdown the contract sum in sufficient detail to facilitate continued evaluation of applications for payment and progress reports. The contractor should separate principal subcontract amounts down into several line items.

(d) SOV amounts shall be rounded to the nearest whole dollar. The total of all SOV amounts shall equal the total contract amount.

(e) The contractor shall progress the percentage of completion, with the concurrence of the Contracting Officer’s Representative, for each value in conjunction with the preparation of each monthly application for payment. The progressed value percentages shall directly correlate to the calculated total amount due for each monthly progress payment.

(f) The SOV shall remain fixed for the duration of contract performance. Any revisions to the SOV must be requested in writing, with justification, for approval by the Contracting Officer.

FAO-0012 Progress Meetings

The Administrative Contracting Officer (ACO) shall conduct progress meetings at the project site on a monthly basis, or at intervals as determined by the ACO.

(a) At a minimum, the attendees shall include but is not limited to:

(1) FBOP: Administrative Contracting Officer, Contracting Officer’s Representative (COR), Facility Administr ator/Manager, Architect/Engineer (if applicable), Other Personnel (Executive Staff, Captain, Safety Manager, etc.).

(2) Contractor: Project Manager, Superintendent, and technical support disciplines as appropriate (Subcontractors, Manufacturers, Suppliers, etc.).

(b) The meeting should include, but is not limited to issues such as:

Administrative Contracting Officer:

(1) Old business from previous progress meeting(s);

(2) Status of modifications, certified payrolls, submittals, requests for information (RFI);

15B10626Q00000017 Page 13 of 46

(3) Review of payments made to date and review/approve current payment request;

(4) Status of modification proposal requests;

(5) Discuss new business.

COR:

(1) Status of escort coverage;

(2) Review gate or sallyport entrance/exit issues;

(3) Discuss other delays contractor may be experiencing;

(4) Discuss performance/quality issues.

Contractor:

(1) Review/discuss updated progress schedule;

(2) Provide 30 day outlook;

(3) Discuss other issues affecting performance.

FAO-0013 Contract Closeout Procedures (for construction contracts exceeding $150,000)

Contract Closeout must be completed within six (6) months of physical completion of the work.

Prior to payment of final invoice:

The contractor shall submit the following documents:

(1) Contractor’s Affidavit of Release of Liens (AIA Document G706A);

(2) Contractor’s Affidavit of Payment of Debts and Claims (AIA Document G706);

(3) All as-built drawings/shop drawings, if applicable;

(4) Contractor’s final invoice;

(5) Release of Claims (GSA Form 1142);

(6) Consent of Surety to Final Payment (AIA Document G707);

(7) Letter establishing warranty dates;

(8) Complete list of subcontractors with telephone numbers and points of contact;

(9) Guarantees and warranties;

(10) All balance and test reports;

(11) All operation/maintenance manuals;

(12) All permits and certifications.

AIA forms can be obtained from The American Institute of Architects at www.aiabookstore.com.

15B10626Q00000017 Page 14 of 46

GSA forms can be obtained from the General Services Administration at www.gsa.gov (click on the “Forms Library” link).

15B10626Q00000017 Page 15 of 46

Section 4 - Contract Clauses

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

Clause Title Fill-ins (if applicable)

52.211-13 Time Extensions (Sept 2000)

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements (Jan 2017)

52.204-9 Personal Identity Verification of Contractor Personnel

(Jan 2011)

52.204-13 (DEV) System for Award Management-Maintenance (Oct 2018)

(DEVIATION NOV 2025)

52.209-6 (DEV) Protecting the Government's Interest When

Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan

2025) (DEVIATION NOV 2025)

52.209-10 (DEV) Prohibition on Contracting With Inverted Domestic

Corporations (Nov 2015) (DEVIATION NOV 2025)

52.219-6 (DEV) Notice of Total Small Business Set-Aside (Nov 2020)

(DEVIATION DEC 2025)

52.222-6 (DEV) Construction Wage Rate Requirements (Aug 2018)

(DEVIATION AUG 2025)

52.222-7 (DEV) Withholding of Funds (May 2014) (DEVIATION DEC

2025)

52.222-8 (DEV) Payrolls and Basic Records (Jul 2021) (DEVIATION

DEC 2025)

15B10626Q00000017 Page 16 of 46

Clause Title Fill-ins (if applicable)

52.222-9 (DEV) Apprentices and Trainees (July 2005) (DEVIATION DEC

2025)

52.222-10 (DEV) Compliance with Copeland Act Requirements (Feb

1988) (DEVIATION DEC 2025)

52.222-11 (DEV) Subcontracts (Labor Standards) (May 2014)

(DEVIATION DEC 2025)

52.222-12 Contract Termination - Debarment (May 2014)

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014)

52.222-14 (DEV) Disputes Concerning Labor Standards (Feb 1988)

(DEVIATION DEC 2025)

52.222-15 Certification of Eligibility (May 2014)

52.222-19 (DEV) Child Labor-Cooperation with Authorities and Remedies

(Jan 2025) (DEVIATION MAR 2026)

52.222-35 (DEV) Equal Opportunity for Veterans (Jun 2020) (DEVIATION

DEC 2025)

52.222-36 (DEV) Equal Opportunity for Workers with Disabilities (Jun

2020) (DEVIATION DEC 2025)

52.222-37 (DEV) Employment Reports on Veterans (Jun 2020)

(DEVIATION DEC 2025)

52.222-41 (DEV) Service Contract Labor Standards (Aug 2018)

(DEVIATION DEC 2025)

52.222-42 Statement of Equivalent Rates for Federal Hires (May

2014)

52.222-50 (DEV) Combating Trafficking in Persons (Oct 2025)

(DEVIATION DEC 2025)

52.222-55 (DEV) Minimum Wages for Contractor Workers Under

Executive Order 14026 (Jan 2022) (DEVIATION DEC

2025)

52.222-62 (DEV) Paid Sick Leave Under Executive Order 13706 (Jan

2022) (DEVIATION DEC 2025)

15B10626Q00000017 Page 17 of 46

52.222-90 Addressing DEI Discrimination by Federal Contractors

(APR 2026)

52.223-2 (DEV) Reporting of Biobased Products Under Service and

Construction Contracts (May 2024) (DEVIATION DEC

2025)

52.223-3 (DEV) Hazardous Material Identification and Safety Data (Feb

2021) (DEVIATION DEC 2025)

52.223-5 Pollution Prevention and Right-to-Know Information

(May 2024)

52.223-23 (DEV) Sustainable Products (May 2024) (DEVIATION DEC

2025)

52.225-10 Notice of Buy American Requirement-Construction

Materials (May 2014)

52.226-8 Encouraging Contractor Policies To Ban Text

Messaging While Driving (May 2024)

52.227-4 Patent Indemnity-Construction Contracts (Dec 2007)

52.228-2 Additional Bond Security (Oct 1997)

52.228-11 Individual Surety-Pledge of Assets (Feb 2021)

52.228-14 Irrevocable Letter of Credit (Nov 2014)

52.232-33 Payment by Electronic Funds Transfer-System for

Award Management (Oct 2018)

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors (Mar 2023)

52.233-3 (DEV) Protest after Award (Aug 1996) (DEVIATION NOV 2025)

52.233-4 (DEV) Applicable Law for Breach of Contract Claim (Oct 2004)

(DEVIATION NOV 2025)

52.236-6 (DEV) Superintendence by the Contractor (Apr 1984)

(DEVIATION AUG 2025)

52.236-7 (DEV) Permits and Responsibilities (Nov 1991) (DEVIATION

AUG 2025)

52.236-8 (DEV) Other Contracts (Apr 1984) (DEVIATION AUG 2025)

15B10626Q00000017 Page 18 of 46

52.236-9 (DEV) Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984)

(DEVIATION AUG 2025)

52.236-10 (DEV) Operations and Storage Areas (Apr 1984) (DEVIATION

AUG 2025)

52.236-11 (DEV) Use and Possession Prior to Completion (Apr 1984)

(DEVIATION AUG 2025)

52.236-12 (DEV) Cleaning Up (Apr 1984) (DEVIATION AUG 2025)

52.236-21 (DEV) Specifications and Drawings for Construction (Feb 1997)

(DEVIATION AUG 2025)

52.240-91 (DEV) Security Prohibitions and Exclusions (DEVIATION NOV

2025)

52.244-6 (DEV) Subcontracts for Commercial Products and Commercial

Services (Jan 2025) (DEVIATION APR 2026)

52.253-1 (DEV) Computer Generated Forms (Jan 1991) (DEVIATION

NOV 2025)

52.222-3 (DEV) Convict Labor (June 2003) (DEVIATION DEC 2025)

52.225-1 (DEV) Buy American-Supplies (Oct 2022) (DEVIATION DEC

2025)

52.228-15 Performance and Payment Bonds-Construction (Jun

2020)

52.229-2 (DEV) North Carolina State and Local Sales and Use Tax (Apr

1984) (DEVIATION AUG 2025)

52.236-2 (DEV) Differing Site Conditions (Apr 1984) (DEVIATION AUG

2025)

52.236-3 (DEV) Site Investigation and Conditions Affecting the Work

(Apr 1984) (DEVIATION AUG 2025)

52.236-5 (DEV) Material and Workmanship (Apr 1984) (DEVIATION

AUG 2025)

52.236-13 (DEV) Accident Prevention (Nov 1991) (DEVIATION AUG

2025)

15B10626Q00000017 Page 19 of 46

52.236-14 (DEV) Availability and Use of Utility Services (Apr 1984)

(DEVIATION AUG 2025)

52.236-17 (DEV) Layout of Work (Apr 1984) (DEVIATION AUG 2025)

Clauses By Full Text

52.211-12 Liquidated Damages-Construction (Sept 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 $1,508.17 [Contracting Officer insert amount] 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.

(End of clause)

52.212-4 (DEV) Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) (DEVIATION NOV 2025)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, 15B10626Q00000017 Page 20 of 46 quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

15B10626Q00000017 Page 21 of 46

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be

15B10626Q00000017 Page 22 of 46 liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from…

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