15F06721R0000156_REDSTONE ARSENAL JOC.pdf

15F06721R0000156 Page 1 of 30

SOLICITATION,OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

15F06721R0000156

SEALED BID (IFB)

X NEGOTIATED (RFP)

2. TYPE OF SOLICITATION 3. DATE ISSUED

08/06/2021

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

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

CODE 15F067

FEDERAL BUREAU OF INVESTIGATION

FAU - FACILITIES ACQUISITION UNIT

935 PENNSYLVANIA AVE, NW

WASHINGTON, DC 20535-0001

7. ISSUED BY

Facilities Acquisition Unit (FAU) ATTN: Dennis Alber 4940 Fowler Road

8. ADDRESS OFFER TO

9. FOR INFORMATION CALL: a. NAME b. TELEPHONE NO. (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 no., date)

A. Project Title: Federal Bureau of Investigation (FBI) Redstone Arsenal Job Order Contract (JOC). B. This acquisition is a competitive local small business set-aside limited to businesses within a 60-mile radius of Redstone Arsenal, AL. Interested offers must have an office within a 60 mile radius of Redstone Arsenal, AL at the time of proposal submittal to be considered for award. C. The Total Contract minimum guarantee is $20,000. D. The total amount of this contract is not-to-exceed a monetary amount of $35,000,000 or a total term of 5 years (as extended through the exercise of options), whichever is reached first. E. Please reference Section L, (Instructions, Conditions and Notices to Offerors) for proper preparation of the offer and to Section M, (Evaluation Factors for Award). F. Proposals are due to the FBI by August 27, 2021 at 1700 (CST).

All proposals and materials must go through the screening at the FBI facility prior to being delivered to the CO so please allow for additional time. Hand carried proposals are not permitted at this facility. Early submissions are encouraged. The Government will begin validating proposals as they are received. Submit proposals to: Federal Bureau of Investigation Facilities Acquisition Unit Attention: Dennis Alber, Contracting Officer 4940 Fowler Road, Huntsville, Alabama 35808

11. The Contractor shall begin performance calendar days and complete it within calendar days after receiving7 TBD

X award, notice to proceed. This performance period is X mandatory negotiable. (See 52.211-10.)

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.

17:00CDTa.

08/27/2021

b. An offer guarantee X is, 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:

NSN 7540-01-155-3212 STANDARD FORM 1442 (REV. 4-85)

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

15F06721R0000156 Page 2 of 30

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (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 NO.

DATE.

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

20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY

Send all invoices via IPP, NOT central_invoices@fbi.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.

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)

Dennis Guido Alber

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

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

BY

08/05/2021 31c. DATE

STANDARD FORM 1442 (REV. 4-85)BACK

15F06721R0000156 Page 3 of 30

Table of Contents

Section Description Page Number

1 Solicitation, Offer and Award 2 Commodity or Services Schedule 3 Special Contract Requirements 4 Contract Clauses

SECTION D - PACKAGING AND MARKING

52.246-12 Inspection of Construction (Aug 1996) 52.242-15 Stop-Work Order (Aug 1989) 52.242-17 Government Delay of Work (Apr 1984) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.217-8 Option to Extend Services (Nov 1999) 52.216-19 Order Limitations (Oct 1995) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-25 Prompt Payment (Jan 2017) 52.252-6 Authorized Deviations in Clauses (Apr 1984)

5 Attachments 6 Solicitation Provisions 7 Representations and Certifications

52.236-28 Preparation of Proposals-Construction (September 2019) 52.215-6 Place of Performance (Oct 1997) 52.204-8 Annual Representations and Certifications (Mar 2020) 52.209-5 Certification Regarding Responsibility Matters (Aug 2020) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.222-25 Affirmative Action Compliance (Apr 1984)

15F06721R0000156 Page 4 of 30

Section 2 - Commodity or Services Schedule

Firm-Fixed Price (FFP) Indefinite Delivery/Indefinite Quantity (IDIQ) construction Job Order Contract( JOC).

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE FEES AMOUNT

0001 Firm Fixed Price

STANDARD work hours. The coefficient will be multiplied by the total price of labor and material for each project as computed using eGordian.

Defined as the period of 6:00 a.m. to 6:00 p.m., Monday through Friday, excluding Federal holidays. All work shall be performed during this period unless otherwise authorized by the CO (access to work sites may be restricted to this period due to mission requirements) and approved at least 48 hours in advance, unless otherwise specified in the Task Order.

PSC: Y1AA

Line Period of Performance: 09/29/2021 - 09/28/2022

Base Period

1.000000 LT $___________ $_________ $___________

0002 Firm Fixed Price

NON-STANDARD working hours. The coefficient will be multiplied by the total price of labor and material for each project as computed using eGordian.

Defined as the period outside of Standard Work. The nonstandard coefficient may be used to account for loss of productivity while working in secure areas, for TO's to be accomplished on weekends and during non-standard hours only, and to accelerate a TO to include multiple shifts both during standard hours AND nonstandard hours. Only work specified by the CO, prior to issuance of a TO, or subsequent modification that identifies work requiring non-standard work hours, shall be multiplied by the non-standard coefficient.

PSC: Y1AA

Line Period of Performance: 09/29/2021 - 09/28/2022

Base Period

1.000000 LT $___________ $_________ $___________

0003 Firm Fixed Price

Low Minimal Design Fee, minimum design range: $2,000.01 - $50,000.00

PSC: Y1AA

Line Period of Performance: 09/29/2021 - 09/28/2022

Base Period

1.000000 LT $___________ $_________ $___________

0004 Firm Fixed Price

Medium Minimal Design Fee, minimum design range: $50,000.01 - $300,000.00

PSC: Y1AA

Line Period of Performance: 09/29/2021 - 09/28/2022

Base Period

1.000000 LT $___________ $_________ $___________

1001 Firm Fixed Price

STANDARD work hours. The coefficient will be multiplied by the total price of labor and material for each project as computed using eGordian.

Defined as the period of 6:00 a.m. to 6:00 p.m., Monday through Friday, excluding Federal holidays. All work shall be performed during this period unless otherwise authorized by the CO (access to work sites may be restricted to this period due to mission

1.000000 LT $___________ $_________ $___________

15F06721R0000156 Page 5 of 30 requirements) and approved at least 48 hours in advance, unless otherwise specified in the Task Order.

PSC: Y1AA

Line Period of Performance: 09/29/2022 - 09/28/2023

Option Period

1002 Firm Fixed Price

NON-STANDARD work hours. The coefficient will be multiplied by the total price of labor and material for each project as computed using eGordian.

Defined as the period outside of Standard Work. The nonstandard coefficient may be used to account for loss of productivity while working in secure areas, for TO's to be accomplished on weekends and during non-standard hours only, and to accelerate a TO to include multiple shifts both during standard hours AND nonstandard hours. Only work specified by the CO, prior to issuance of a TO, or subsequent modification that identifies work requiring non-standard work hours, shall be multiplied by the non-standard coefficient.

PSC: Y1AA

Line Period of Performance: 09/29/2022 - 09/28/2023

Option Period

1.000000 LT $___________ $_________ $___________

1003 Firm Fixed Price

Low Minimal Design Fee, minimum design range: $2,000.01 - $50,000.00

PSC: Y1AA

Line Period of Performance: 09/29/2022 - 09/28/2023

Option Period

1.000000 LT $___________ $_________ $___________

1004 Firm Fixed Price

Medium Minimal Design Fee, minimum design range: $50,000.01 - $300,000.00

PSC: Y1AA

Line Period of Performance: 09/29/2022 - 09/28/2023

Option Period

1.000000 LT $___________ $_________ $___________

2001 Firm Fixed Price

STANDARD work hours. The coefficient will be multiplied by the total price of labor and material for each project as computed using eGordian.

Defined as the period of 6:00 a.m. to 6:00 p.m., Monday through Friday, excluding Federal holidays. All work shall be performed during this period unless otherwise authorized by the CO (access to work sites may be restricted to this period due to mission requirements) and approved at least 48 hours in advance, unless otherwise specified in the Task Order.

PSC: Y1AA

Line Period of Performance: 09/29/2023 - 09/28/2024

Option Period

1.000000 LT $___________ $_________ $___________

2002 Firm Fixed Price

NON-STANDARD working hours. The coefficient will be multiplied by the total price of labor and material for each project as computed using eGordian.

Defined as the period outside of Standard Work. The nonstandard coefficient may be used to account for loss of productivity while working in secure areas, for TO's to be accomplished on weekends and during non-standard hours only, and to accelerate a TO to include multiple shifts both during standard hours AND nonstandard hours. Only work specified by the CO, prior to issuance of a TO, or subsequent modification that identifies work requiring non-standard work hours, shall be multiplied by the non-standard coefficient.

PSC: Y1AA

Line Period of Performance: 09/29/2023 - 09/28/2024

15F06721R0000156 Page 6 of 30

Option Period

2003 Firm Fixed Price

Low Minimal Design Fee, minimum design range: $2,000.01 - $50,000.00

PSC: Y1AA

Line Period of Performance: 09/29/2023 - 09/28/2024

Option Period

1.000000 LT $___________ $_________ $___________

2004 Firm Fixed Price

Medium Minimal Design Fee, minimum design range: $50,000.01 - $300,000.00

PSC: Y1AA

Line Period of Performance: 09/29/2023 - 09/28/2024

Option Period

1.000000 LT $___________ $_________ $___________

3001 Firm Fixed Price

STANDARD work hours. The coefficient will be multiplied by the total price of labor and material for each project as computed using eGordian.

Defined as the period of 6:00 a.m. to 6:00 p.m., Monday through Friday, excluding Federal holidays. All work shall be performed during this period unless otherwise authorized by the CO (access to work sites may be restricted to this period due to mission requirements) and approved at least 48 hours in advance, unless otherwise specified in the Task Order.

PSC: Y1AA

Line Period of Performance: 09/29/2024 - 09/28/2025

Option Period

1.000000 LT $___________ $_________ $___________

3002 Firm Fixed Price

NON-STANDARD working hours. The coefficient will be multiplied by the total price of labor and material for each project as computed using eGordian.

Defined as the period outside of Standard Work. The nonstandard coefficient may be used to account for loss of productivity while working in secure areas, for TO's to be accomplished on weekends and during non-standard hours only, and to accelerate a TO to include multiple shifts both during standard hours AND nonstandard hours. Only work specified by the CO, prior to issuance of a TO, or subsequent modification that identifies work requiring non-standard work hours, shall be multiplied by the nonstandard coefficient.

PSC: Y1AA

Line Period of Performance: 09/29/2024 - 09/28/2025

Option Period

1.000000 LT $___________ $_________ $___________

3003 Firm Fixed Price

Low Minimal Design Fee, minimum design range: $2,000.01 - $50,000.00

PSC: Y1AA

Line Period of Performance: 09/29/2024 - 09/28/2025

Option Period

1.000000 LT $___________ $_________ $___________

3004 Firm Fixed Price

Medium Minimal Design Fee, minimum design range: $50,000.01 - $300,000.00

PSC: Y1AA

Line Period of Performance: 09/29/2024 - 09/29/2025

15F06721R0000156 Page 7 of 30

4001 Firm Fixed Price

STANDARD work hours. The coefficient will be multiplied by the total price of labor and material for each project as computed using eGordian.

Defined as the period of 6:00 a.m. to 6:00 p.m., Monday through Friday, excluding Federal holidays. All work shall be performed during this period unless otherwise authorized by the CO (access to work sites may be restricted to this period due to mission requirements) and approved at least 48 hours in advance, unless otherwise specified in the Task Order.

PSC: Y1AA

Line Period of Performance: 09/29/2025 - 09/28/2026

Option Period

1.000000 LT $___________ $_________ $___________

4002 Firm Fixed Price

NON-STANDARD working hours. The coefficient will be multiplied by the total price of labor and material for each project as computed using eGordian.

Defined as the period outside of Standard Work. The nonstandard coefficient may be used to account for loss of productivity while working in secure areas, for TO's to be accomplished on weekends and during non-standard hours only, and to accelerate a TO to include multiple shifts both during standard hours AND nonstandard hours. Only work specified by the CO, prior to issuance of a TO, or subsequent modification that identifies work requiring non-standard work hours, shall be multiplied by the nonstandard coefficient.

PSC: Y1AA

Line Period of Performance: 09/29/2025 - 09/28/2026

Option Period

1.000000 LT $___________ $_________ $___________

4003 Firm Fixed Price

Low Minimal Design Fee, minimum design range: $2,000.01 - $50,000.00

PSC: Y1AA

Line Period of Performance: 09/29/2025 - 09/28/2026

Option Period

1.000000 LT $___________ $_________ $___________

4004 Firm Fixed Price

Medium Minimal Design Fee, minimum design range: $50,000.01 - $300,000.00

PSC: Y1AA

Line Period of Performance: 09/29/2025 - 09/28/2026

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Section 3 - Special Contract Requirements

This Section Is Intentionally Left Blank

15F06721R0000156 Page 9 of 30

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)

52.202-1 Definitions (Jun 2020)

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-7 Anti-Kickback Procedures (Jun 2020)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity (May 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

52.203-12 Limitation On Payments to Influence Certain Federal Transactions

(Jun 2020)

52.203-13 Contractor Code of Business Ethics and Conduct (Jun 2020)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To

Inform Employees of Whistleblower Rights (Jun 2020)

52.204-2 Security Requirements (Aug 1996)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content

Paper (May 2011)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(Jun 2020)

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

52.204-14 Service Contract Reporting Requirements (Oct 2016)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (June

2016)

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Clause Title Fill-ins (if applicable)

52.209-6 Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Jun

2020)

52.209-9 Updates of Publicly Available Information Regarding Responsibility

Matters (Oct 2018)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015)

52.210-1 Market Research (Jun 2020)

52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) Calendar Days: "(will be dictated by each Task Order)"

No Later Than: "(will be dictated by each Task Order)"

52.211-18 Variation in Estimated Quantity (Apr 1984)

52.215-2 Audit and Records-Negotiation (Jun 2020)

52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997)

52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (Aug

2011)

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-

Modifications (Jun 2020)

52.215-12 Subcontractor Certified Cost or Pricing Data (Jun 2020)

52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications (Jun 2020)

52.215-15 Pension Adjustments and Asset Reversions (Oct 2010)

52.215-17 Waiver of Facilities Capital Cost of Money (Oct 1997)

52.215-19 Notification of Ownership Changes (Oct 1997)

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than

Certified Cost or Pricing Data-Modifications (Jun 2020)

52.219-8 Utilization of Small Business Concerns (Oct 2018)

52.219-9 Small Business Subcontracting Plan (Jun 2020)

52.219-14 Limitations on Subcontracting (Mar 2020) End of Perf Period: "X"

52.222-1 Notice to the Government of Labor Disputes (Feb 1997)

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52.222-3 Convict Labor (June 2003)

52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation

(May 2018)

52.222-6 Construction Wage Rate Requirements (Aug 2018)

52.222-7 Withholding of Funds (May 2014)

52.222-8 Payrolls and Basic Records (Aug 2018)

52.222-9 Apprentices and Trainees (July 2005)

52.222-10 Compliance with Copeland Act Requirements (Feb 1988)

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

52.222-12 Contract Termination - Debarment (May 2014)

52.222-13 Compliance with Construction Wage Rate Requirements and Related

Regulations (May 2014)

52.222-14 Disputes Concerning Labor Standards (Feb 1988)

52.222-15 Certification of Eligibility (May 2014)

52.222-19 Child Labor--Cooperation with Authorities and Remedies (Jan 2020)

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Sept 2016)

52.222-27 Affirmative Action Compliance Requirements for Construction (Apr

2015)

52.222-30 Construction Wage Rate Requirements--Price Adjustment (None or

Separately Specified Method) (Aug 2018)

52.222-35 Equal Opportunity for Veterans (Jun 2020)

52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020)

52.222-37 Employment Reports on Veterans (Jun 2020)

52.222-40 Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010)

52.222-50 Combating Trafficking in Persons (Jan 2019)

52.222-54 Employment Eligibility Verification (Oct 2015)

52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015)

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52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts (Sep 2013)

52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.223-6 Drug-Free Workplace (May 2001)

52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016)

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016)

52.223-15 Energy Efficiency in Energy-Consuming Products (May 2020)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts (Aug 2018)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(Jun 2020)

52.223-19 Compliance With Environmental Management Systems (May 2011)

52.223-20 Aerosols (Jun 2016)

52.223-21 Foams (Jun 2016)

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

52.224-3 Privacy Training (Jan 2017)

52.225-1 Buy American-Supplies (May 2014)

52.225-9 Buy American-Construction Materials (May 2014) (b)(2): "none"

52.225-11 Buy American Act-Construction Materials under Trade Agreements

(Oct 2019)

52.225-12 Notice of Buy American Requirement--Construction Materials Under

Trade Agreements (May 2014)

52.226-1 Utilization of Indian Organizations and Indian-Owned Economic

Enterprises (June 2000)

52.227-1 Authorization and Consent (Jun 2020)

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52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

(Jun 2020)

52.227-3 Patent Indemnity (Apr 1984)

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

52.227-17 Rights in Data - Special Works (Dec 2007)

52.228-2 Additional Bond Security (Oct 1997)

52.228-5 Insurance-Work on a Government Installation (Jan 1997)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Dec 2013)

52.228-11 Pledges of Assets (Aug 2018)

52.228-12 Prospective Subcontractor Requests for Bonds (May 2014)

52.228-14 Irrevocable Letter of Credit (Nov 2014)

52.228-15 Performance and Payment Bonds-Construction (Jun 2020)

52.229-3 Federal, State and Local Taxes (Feb 2013)

52.232-5 Payments under Fixed-Price Construction Contracts (May 2014)

52.232-16 Progress Payments (Jun 2020)

52.232-17 Interest (May 2014)

52.232-18 Availability of Funds (Apr 1984)

52.232-23 Assignment of Claims (May 2014)

52.232-27 Prompt Payment for Construction Contracts (Jan 2017)

52.232-33 Payment by Electronic Funds Transfer-System for Award Management

(Oct 2018)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.233-1 Disputes (May 2014)

52.233-3 Protest after Award (Aug 1996)

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

52.236-1 Performance of Work by the Contractor (Apr 1984)

52.236-2 Differing Site Conditions (Apr 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984)

52.236-4 Physical Data (Apr 1984)

15F06721R0000156 Page 14 of 30

52.236-5 Material and Workmanship (Apr 1984)

52.236-6 Superintendence by the Contractor (Apr 1984)

52.236-7 Permits and Responsibilities (Nov 1991)

52.236-8 Other Contracts (Apr 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (Apr 1984)

52.236-10 Operations and Storage Areas (Apr 1984)

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

52.236-12 Cleaning Up (Apr 1984)

52.236-13 Accident Prevention (Nov 1991)

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

52.236-15 Schedules for Construction Contracts (Apr 1984)

52.236-16 Quantity Surveys (Apr 1984)

52.236-17 Layout of Work (Apr 1984)

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

52.236-26 Preconstruction Conference (Feb 1995)

52.242-5 Payments to Small Business Subcontractors (Jan 2017)

52.242-13 Bankruptcy (July 1995)

52.242-14 Suspension of Work (Apr 1984)

52.243-4 Changes (June 2007)

52.243-5 Changes and Changed Conditions (Apr 1984)

52.244-2 Subcontracts (Jun 2020)

52.244-6 Subcontracts for Commercial Items (Aug 2020)

52.245-1 Government Property (Jan 2017)

52.245-9 Use and Charges (Apr 2012)

52.246-17 Warranty of Supplies of a Noncomplex Nature (June 2003)

52.246-18 Warranty of Supplies of a Complex Nature (May 2001)

52.246-20 Warranty of Services (May 2001)

52.246-21 Warranty of Construction (Mar 1994)

52.248-3 Value Engineering-Construction (Oct 2015)

15F06721R0000156 Page 15 of 30

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short

Form) (Apr 1984)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr

2012)

52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements) (Apr 2012)

52.249-10 Default (Fixed-Price Construction) (Apr 1984)

52.249-14 Excusable Delays (Apr 1984)

52.253-1 Computer Generated Forms (Jan 1991)

52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020)

52.203-14 Display of Hotline Poster(s) (Jun 2020)

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec

2014)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities

(Jul 2018)

52.211-11 Liquidated Damages-Supplies, Services, or Research and

Development (Sept 2000)

52.216-18 Ordering (Aug 2020)

52.216-22 Indefinite Quantity (Oct 1995)

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

52.219-28 Post-Award Small Business Program Rerepresentation (Nov 2020)

52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017)

52.232-9 Limitation on Withholding of Payments (Apr 1984)

52.247-12 Supervision, Labor, or Materials (Apr 1984)

Clauses By Full Text

SECTION D - PACKAGING AND MARKING

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D.1 PACKAGING AND DELIVERY

Any reports or other products to be furnished hereunder shall be adequately packaged, marked, and packed to ensure safe delivery at destination. All products must be clearly marked to identify the contents, the sender, and the individual/office to which being sent. All submittals shall be sent to the address designated by the FBI.

52.246-12 Inspection of Construction (Aug 1996)

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

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

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

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately.

Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

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(End of clause)

52.242-15 Stop-Work Order (Aug 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

52.242-17 Government Delay of Work (Apr 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted (1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) 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; and

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

52.252-2 Clauses Incorporated by Reference (Feb 1998)

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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 [Insert one or more Internet addresses]

(End of clause)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC's implementing regulations at 31 CFR Chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn. More information about these restrictions, as well as updates, is available in the OFAC's regulations at 31 CFR Chapter V and/or on OFAC's website at http://www.treas.gov/offices/enforcement/ofac.

(c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts.

(End of clause)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 90 DAYS [insert the period of time within which the Contracting Officer may exercise the option].

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00 [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $750,000 [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of $750,000 [insert dollar figure or quantity]; or

(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with

15F06721R0000156 Page 19 of 30 written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 DAYS [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 DAYS days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of clause)

52.232-25 Prompt Payment (Jan 2017)

Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer (EFT). Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a)

(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)

(a) Invoice payments--

(1) Due date.

(i) Except as indicated in paragraphs (a)(2) and (c) of this clause, the due date for making invoice payments by the designated payment office is the later of the following two events:

(A) The 30th day after the designated billing office receives a proper invoice from the Contractor (except as provided in paragraph (a) (1)(ii) of this clause).

(B) The 30th day after Government acceptance of supplies delivered or services performed. For a final invoice, when the payment amount is subject to contract settlement actions, acceptance is deemed to occur on the effective date of the contract settlement.

(ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date is the 30th day after the date of the Contractor's invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

(2) Certain food products and other payments.

(i) Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are--

(A) For meat or meat food products, as defined in section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C. 182(3)), and as further defined in Pub. L. 98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7th day after product delivery.

(B) For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)), as close as possible to, but not later than, the 7th day after product delivery.

(C) For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(4)), as close as possible to, but not later than, the 10th day after product delivery, unless another date is specified in the contract.

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(D) For dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502(e)), edible fats or oils, and food products prepared from edible fats or oils, as close as possible to, but not later than, the 10th day after the date on which a proper invoice has been received. Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products, fall within this classification. Nothing in the Act limits this classification to refrigerated products. When questions arise regarding the proper classification of a specific product, prevailing industry practices will be followed in specifying a contract payment due date. The burden of proof that a classification of a specific product is, in fact, prevailing industry practice is upon the Contractor making the representation.

(ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract.

(3) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract.

A proper invoice must include the items listed in paragraphs (a)(3)(i) through (a)(3)(x) of this clause. If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. The Government will take into account untimely notification when computing any interest penalty owed the Contractor.

(i) Name and address of the Contractor.

(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(ix) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(x) Any other information or documentation required by the contract (e.g., evidence of shipment).

(4) Interest penalty. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(4)(i) through (a)(4)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty.

(i) The designated billing office received a proper invoice.

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(ii) The Government processed a receiving report or other Government documentation authorizing payment, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition.

(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.

(5) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR Part 1315.

(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

(ii) The prompt payment regulations at 5 CFR 1315.10(c) do not require the Government to pay interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes.

(6) Discounts for prompt payment. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at 5 CFR Part 1315.

(7) Additional interest penalty.

(i) The designated payment office will pay a penalty amount, calculated in accordance with the prompt payment regulations at 5 CFR Part 1315 in addition to the interest penalty amount only if--

(A) The…