23-C-0007 SF 1442 Award.pdf

0011936167

(a) PROJECT TITLE AND BRIEF DESCRIPTION OF JOB: Emergency Replace Grease Trap, AMR BLDG 1782, HI

(b) FEWR NUMBER: CV100023J

(c) NAICS: 562998

(d) MAGNITUDE OF CONSTRUCTION: Betw een $25,000 and $100,000

(e) SMALL BUSINESS SIZE STANDARD: $14.5 Million

MELODIE E CLARE (808) 787-8894

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

04-May-2023

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______30 calendar days and complete it w ithin ________180 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

12 A. 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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________24 Mar 2023 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.

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

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

W912CN23C0007

7. ISSUED BY CODE

413 CSB

413TH CSB, RCO-HAWAII,

742 SANTOS DUMONT AVENUE

BLDG 108, 3RD FLOOR (WAAF)

SCHOFIELD BARRACKS HI 96857-5026

W912CN

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour)

Sealed envelopes containing offers

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

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W912CN23R0009 83

See Item 7

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE

7LW34

FACILITY CODE

7LW34

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

SEE SCHEDULE

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

$47,502.39 See Schedule

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE HQ049027. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

DFAS INDIANAPOLIS CENTER

DFAS-INDY VP GFEBS, 8899 E 56TH STREET

INDIANAPOLIS IN 46249-3800

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

SURECAN LLC

CHRISTOPHER MURAOKA

84-694 LAHAINA ST APT A

WAIANAE HI 96792-1880

15. TELEPHONE NO. (Include area code) 808-690-0882

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print) MARK R. DAHILIG / CONTRACTING OFFICER

TEL: 808.656.0995 EMAIL: mark.r.dahilig.civ@mail.mil

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY 04-May-2023

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912CN23C0007

Section 00 10 00 - Solicitation

SOLICITATION

GENERAL INFORMATION:

1. Scope of Work: This is a firm fixed price construction contract to furnish all labor, materials, equipment, management, supervision, tools, transportation and other incidental items to perform Emergency Replacement of Grease Traps at Bldg 1782 Aliamanu Military Reservation (AMR), Hawaii

2. The contractor shall submit a safety plan within 30 days of award or 7 days prior to commencement of on-site work, whichever occurs first in accordance with the AR 385-10, Construction Safety, US Army Corps of Engineers "Safety and Health Requirements Manual (EM 385-1-1)" and Occupational Safety and Health Administration (OSHA) regulations.

3. To assure compliance with general construction trade practice, the contractor shall establish and maintain quality control for materials and work. The Government may perform inspections and conduct tests while the contractor's work is in process to assure compliance to performance standards.

4. Existing conditions or areas damaged or disturbed by the contractor's operation shall be restored to their original condition, or near original condition as possible, to the satisfaction of the Contracting Officer at no additional cost to the Government.

5. Prior to start of any excavation or trenching work, the contractor shall obtain clearance, in writing, from the appropriate communications agency and from the Directorate of Public Works.

6. Interruptions to existing utilities shall be held to a minimum. A schedule for any required power or water outages shall be submitted to the Contracting Officer a minimum of four weeks prior to the intended outage.

7. The contractor shall establish work procedures and methods to prevent interference with existing operations within or adjacent to the construction area.

8. The Contractor’s normal working hours will be 7:30 a.m. – 4:30 p.m. Monday thru Friday. The Contractor will not normally work on Saturdays, Sundays, or Holidays. If the Contractor chooses to work outside the normal working hours, Contractor must submit an application to the Contracting Officer in writing one week prior to the requested work for approval.

9. Rubbish and debris shall be removed from Government-controlled property daily unless otherwise directed, so as not to allow accumulation inside or outside the building. Materials that cannot be removed daily shall be stored in areas designated by the Contracting Officer.

10. The contractor shall provide, install, and maintain all necessary signs, lights, barricades, markers, cones, flagmen, and other protective facilities and shall take all necessary precautions for the protection and for the convenience and safety of military and public traffic (vehicular and pedestrian).

11. The amount of dust resulting from the contractor's work shall be controlled to prevent the spread of dust and to avoid creation of a nuisance in the surrounding area. Use of water will not be permitted when it will result in, or create, hazardous or objectionable conditions such as flooding and pollution.

12. The contractor shall obtain the necessary hot work permit from the appropriate Fire Department prior to any welding, burning, and torching operations.

13. Daily Clean-up - During the course of the work, the Contractor shall keep the entire premises free from any accumulation of empty cans, rags, etc. or rubbish that constitutes a fire hazard. At the end of each days work, the

Contractor shall remove all debris. The entire area shall be cleaned and left in a condition acceptable to the Technical Representative of the Contracting Officer.

14. Storage area will not be provided.

15. When available, the Government may provide a reasonable amount of water and electricity. If not available or cannot be provided it shall be specified in the task order documents.

16. The Contractor shall be responsible to have a quality control program to ensure services are performed in accordance with the Scope of Work and commonly accepted commercial practices.

17. The Contractor is required to follow DPW’s Best Management Practice (BMP) of Storm Water Compliance.

Copy will be provided at the pre-construction conference, if requested.

18. The work shall be constructed using best practices per industry standards. The Contractor shall abide by all applicable regulations to include Federal, State, local requirements.

19. Progress of Work. Contractor shall submit all proposed work schedules to the Contracting Officer for review/approval within ten (10) calendar days after issuance of the Notice to Proceed (NTP) unless otherwise specified.

20. Contractor shall submit schedule of values as a material submittal within 30 days of contract award for projects at or above $250,000. Schedule of values will be sent with requested billings to the project inspector and CC the COR to justify billing requests.

21. If a dumpster is provided for this contract, contractor shall include a sign on the dumpster with their name/address/phone and indicate the dumpster is only used for construction debris.

22. Abbreviations used in the Unit column: (use if applicable)

CY = Cubic Yard; LH = Labor Hours; SF = Square Foot; EA = Each; LF = Linear Foot; SY = Square Yard

23. Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes."

24. Identification of Contractor Employees.

a. Provide each employee with identification (ID) badge made of nonmetallic material, easily readable and including employee’s name, contractor’s name, functional area of assignment, with recent color photograph of the employee.

b. All contractor personnel shall wear the ID badge at all times when performing work under this contract at a Government site, including while attending Government meetings that may take place outside the Government facility. Contractor employee shall wear the ID badge in a conspicuous place on the front of exterior clothing above the waist except when safety or health reasons prohibit such placement.

25. Applicable Codes and Regulations

25.1. The latest edition of the following Codes, regulations, guides, and criteria shall be used for all design and construction under this contract. If there is a conflict between these codes or regulations and these contract specifications the Unified Facility Criteria will override. The Contractor shall have a copy of each of these documents available for use during the term of this contract.

The Unified Facility Criteria (UFC) documents including, but not limited to:

UFC 3-410-01 Design: Heating, Ventilating, And Air Conditioning UFC 4-010-01 Dod Minimum Antiterrorism Standards For Buildings UFC 3-600-01 Design: Fire Protection Engineering For Facilities UFC 1-200-01 DoD Building Code (General Building Requirements

A complete listing can be obtained at http://www.wbdg.org/ccb/browse_cat.php?o=29&c=4

25.2. The Unified Facility Guide Specifications are mandatory for all work required under this contract. The contractor is responsible for obtaining the Unified Facility Guide Specifications and for maintaining updates to the specifications. The specifications whether referenced or not (in whole or part), shall be considered to be a part of all task orders issued under this contract. Where two specifications are listed for a certain item of work the Army section as denoted by an “A” shall be used. When there is no Army designated spec use the Navy (denoted by “N”) or in the absence of either use an industry standard specifications or others listed in the Construction Criteria Base CCB. A complete listing of the UFGS Division 01 - General Requirements can be obtained at https://wbdg.org/ffc/dod/unified-facilities-guide-specifications-ufgs

25.3. The following are additional criteria, codes, regulations and guides which shall be incorporated into all designs and used for construction:

ASHRAE 90.1 Energy Standard for Buildings Except Low-Rise Residential Buildings EPACT 2005 Energy Policy Act of 2005, Public Law 109-58.

IBC, International Building Code IEEE C2, National Electrical Safety Code IESNA Illuminating Engineering Society of North America MIL HDBK 1190, Military Handbook for Facility Planning and Design Guide MIL HDBK 1191, Military Handbook for Medical and Dental Treatment Facilities, Design and Construction Criteria Guide National Electrical Contractors Association (NECA) National Electrical Installation Standards (NEIS) TI 800-01, Design Criteria TI 800-03, Technical Requirements for Design-Build TM 5-811-3, Electrical Design: Lightning and Static Electricity Protection •USDA – Rural Utility Service (RUS) RUS 1728F-310 Drawing Index 35.5 to 69 kV RUS 1728F-804 Drawing Index 12.5 & 7.2 kV RUS 1724D-101B System Planning Guide RUS 1724D-104 Econ Worksheet RUS 1724E-152 OH Dist. Line Conductors Mechanics RUS 1724E-153 Guys and Anchors RUS 1724E-154 Distribution Conductor Clearances and Span Limitations RUS 1724E-200 Design Manual HV Transmission Lines RUS 1724E-203 Upgrading RUS Transmission Lines RUS 1724E-204 Specs Steel Pole H Frame RUS 1724E-205 Embedment Depths RUS 1724E-214 Guide Specifications For Standard Class Steel Transmission Poles RUS 1724E-300 Rural Sub Station Design RUS 1724E-224 Specifications and Drawings for Steel Poles RUS 1728F-804 Specifications and Drawings for 12.47/7.2 kV Line Construction

RUS 1728F-806 Specifications for Underground Distribution RUS 1728F-810 Specifications and Drawings for 34.5 to 69 kV RUS 1730B-121 Pole Inspection and Maintenance RUS 1751F-650 Aerial Plant Guying and Anchoring UEP-steel poles Guidelines for the Use Steel Distribution Poles Uniform Building Code Uniform Mechanical Code Uniform Plumbing Code Standard Building Code National Electrical Code (NEC) American National Standards Institute (ANSI) C-2, national Electrical Safety Code (QIESC) Life Safety Code, National Fire Protection Association (NFPA) 101 National Fire Protection Association (NFPA) 70 MIL Handbook 1190

Occupational safety and Health Administration (OSHA) Regulation www.OSHA.gov National Fire protection Association (NFPA) Regulations www.NFPA.org Directorate of Public Works, Environmental Division, US Army Garrison Hawaii (USAG-HI) https://home.army.mil/hawaii/index.php/garrison/dpw/environmental-a-z

25.4. Workmanship shall be governed by the preceding documents and National Electrical Contractors Association (NECA) listed below:

NECA 100-2006 - Electrical Symbols Set © 2006, NECA NECA 100-2006 - Symbols for Electrical Construction Drawings (ANSI) © 2006, NECA NECA 101-2006 - Standard for Installing Steel Conduit (Rigid, IMC, EMT) (ANSI) © 2006, NECA NECA 102-2004 - Standard for Installing Aluminum Rigid Metal Conduit (ANSI) © 2004, NEIS NECA 111-2003 - Standard for Installing Nonmetallic Raceways (RNC, ENT, LFNC) (ANSI) © 2003, NECA NECA 1-2010 - Standard Practice of Good Workmanship in Electrical Construction (ANSI) © 2010, NECA NECA 120-2006 - Standard for Installing Armored Cable (Type AC) and Metal-Clad Cable (Type MC) (ANSI) ©

2006, NECA

NECA 121-2007 - Standard for Installing Nonmetallic-Sheathed Cable (Type NM) and Underground Feeder and Branch-Circuit Cable (Type UF) (ANSI) © 2007, NECA NECA 130-2010 - Standard for Installing and Maintaining Wiring Devices © 2010, NECA NECA 169 - Standard for Installing and Maintaining Arc-Fault Circuit Interrupters © 2010, NECA NECA 200-2010 - Recommended Practice for Installing and Maintaining Temporary Electric Power at Construction Sites (ANSI) © 2010, NECA NECA 202-2006 - Standard for Installing and Maintaining Industrial Heat Tracing Systems (ANSI) © 2006, NECA NECA 230-2010 - Standard for Selecting, Installing, and Maintaining Electric Motors and Motor Controllers

(ANSI) © 2010, NEIS

NECA 303-2005 - Standard for Installing Closed-Circuit Television Systems (CCTV) (ANSI) © 2005, NECA NECA 305-2010 - Standard for Fire Alarm System Job Practices (ANSI) © 2010, NECA NECA 331-2009 - Standard for Building and Service Entrance Grounding and Bonding (ANSI) © 2009, NECA NECA 400-2007 - Standard for Installing and Maintaining Switchboards (ANSI) © 2007, NECA NECA 402-2007 - Standard for Installing and Maintaining Motor Control Centers (ANSI) © 2007, NECA NECA 406-2003 - Standard for Installing Residential Generator Sets (ANSI) © 2003, NECA NECA 407-2009 - Recommended Practice for Installing and Maintaining Panelboards (ANSI) © 2009, NECA NECA 408-2009 - Standard for Installing and Maintaining Busways (ANSI) © 2009, NECA NECA 409 – 2009 - Standard for Installing and Maintaining Dry-Type Transformers (ANSI) © 2009, NECA NECA 410-2005 - Standard for Installing and Maintaining Liquid-Filled Transformers (ANSI) © 2005 NECA 411-2006 - Standard for Installing and Maintaining Uninterruptible Power Supplies (UPS) (ANSI) © 2006 NECA 420-2007 - Standard for Fuse Applications (ANSI) © 2007, NECA NECA 430-2006 - Standard for Installing Medium-Voltage Metal-Clad Switchgear (ANSI) © 2006, NEIS NECA 503-2005 - Standard for Installing Fiber Optic Lighting Systems © 2005, NECA

NECA 505 Standard for Installing and Maintaining High Mast, Roadway and Area Lighting © 2010, NECA NECA 700-2010 - Standard for Installing Overcurrent Protection to Achieve Selective Coordination • © 2010, NECA NECA 90 Recommended Practice for Commissioning Building Electrical Systems (ANSI) © 2009, NECA NECA/AA 104-2006 - Standard for Installing Aluminum Building Wire and Cable (ANSI) © 2006, NEIS NECA/BICSI 568-2006 - Standard for Installing Building Telecommunications Cabling (ANSI) © 2006, NECA NECA/BICSI 607-2011 - Standard for Telecommunications Bonding and Grounding Planning and Installation Methods for Commercial Buildings © 2011, NECA/BICSI NECA/EGSA 404-2007 - Standard for Installing Generator Sets (ANSI) © 2007, NECA NECA/FOA 301-2009 - Standard for Installing and Testing Fiber Optics (ANSI) © 2009, NEIS NECA/IESNA 500-2006 - Standard for Installing Indoor Lighting Systems (ANSI) © 2006, NECA, NECA/IESNA 501-2006 - Standard for Installing Exterior Lighting Systems (ANSI) © 2006, NEIS NECA/IESNA 502-2006 - Standard for Installing Industrial Lighting Systems (ANSI) © 2006, NECA NECA/MACSCB 600-2003 - Recommended Practice for Installing and Maintaining Medium- Voltage Cable

(ANSI) © 2003, NECA

NECA/NEMA 105-2007 - Standard for Installing Metal Cable Tray Systems (ANSI) © 2007, NECA NECA/NEMA 605-2005 - Recommended Practice for Installing Underground Nonmetallic Utility (ANSI) © 2005, NECA

EM 385-1-1 Corps of Engineers Manual, - Safety and Health Requirements Manual Additional publications and regulatory documents may be identified as required for individual task orders.

25.5. DPW requirements

a. Federal Fire. Electrical installation must be in accordance with NFPA 70E for electrical safety in the workplace.

b. Electrical. Power assessment as well as installation is to be done by a certified electrician/contractor, to determine existing power availability, assess whether existing infrastructure needs to be upgraded to accommodate those requirements and provide installation as required in compliance with NEC, NESC and UFC 3-520-01.

c. Environmental. Prior to disturbance of existing building materials, ensure asbestos, containing materials are identified in accordance with Army Regulation 200-1, Ch 9-2(b), Hawaii Administrative Rule Ch, 11-501, and 40 Code of Federal Regulations 61.140-156. Ensure all asbestos and lead paint are removed by a qualified and licensed contractor. Handling, storing and disposal of hazardous materials must be done in accordance with local, state and federal laws and regulations.

Attachments:

Attachment 1 – Statement of Work, 8 February 2023

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job $47,502.39 $47,502.39 S222 Water Treatement and Storage

FFP

The Contractor shall provide all parts, materials, labor, transportation, supplies, and other logistical requirements needed in order to replace grease traps at AMR BLDG 1782, Hawaii as detailed in the Statement of Work dated 8 February 2023.

DPW POC: Matthew Felix-Naku 656-2682 Inspector: Wayne Caseria, 590-1597 FOB: Destination

PURCHASE REQUEST NUMBER: 0011936167

PSC CD: Z2AA

NET AMT $47,502.39

ACRN AA

CIN: GFEBS001193616700001

$47,502.39

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 04-MAY-2023 TO

16-NOV-2023

N/A DIRECTORATE OF PUBLIC WORKS

DIRECTORATE OF PUBLIC WORKS

947 BLDG 104 WHEELER ARMY

AIRFIELD

SCHOFIELD BARRACKS, HI HI 96857-5013

FOB: Destination

WX3JN3

ACCOUNTING AND APPROPRIATION DATA

AA: 0212023202320200000113132254 C.0009655.2.2.8 6100.9000021001

COST CODE: A601O

AMOUNT: $47,502.39

ACRN CLIN/SLIN CIN AMOUNT

AA 0001 GFEBS001193616700001 $47,502.39

Section 00 70 00 - Conditions of the Contract

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

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 52.203-15 Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009

JUN 2010

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-1 Approval of Contract DEC 1989 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-13 Time Extensions SEP 2000 52.219-28 Post-Award Small Business Program Rerepresentation OCT 2022 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act 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 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment JUN 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 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 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-21 Required Use of American Iron, Steel, and Manufactured

Goods--Buy American Statute--Construction Materials

JAN 2021

52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-12 Prospective Subcontractor Requests for Bonds DEC 2022 52.228-13 Alternative Payment Protections JUL 2000 52.228-14 Irrevocable Letter of Credit NOV 2014 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 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 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

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 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-12 Cleaning Up APR 1984 52.236-14 Availability and Use of Utility Services APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.243-6 Change Order Accounting APR 1984 52.246-13 Inspection--Dismantling, Demolition, or Removal of

Improvements

AUG 1996

52.246-21 Warranty of Construction MAR 1994 52.249-1 Alt I Termination for Convenience of the Government (Fixed-price) (Short Form) (Apr 1984) - Alternate I

APR 1984

52.249-2 Alt I Termination for Convenience of the Government (Fixed- Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Alt I Default (Fixed-Price Construction) (Apr 1984) Alternate I APR 1984 52.251-1 Government Supply Sources APR 2012 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.215-7002 Cost Estimating System Requirements DEC 2012 252.219-7011 Notification to Delay Performance JUN 1998 252.222-7000 Restriction On Employment Of Personnel MAR 2000 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.223-7999 (Dev) Ensuring Adequate COVID-19 Safety Protocols for Federal

Contractors (Deviation 2021-O0009)

OCT 2021

252.225-7007 Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies

DEC 2018

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7004 DOD Progress Payment Rates OCT 2014 252.232-7007 Limitation Of Government's Obligation APR 2014 252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.251-7000 Ordering From Government Supply Sources AUG 2012

CLAUSES INCORPORATED BY FULL TEXT

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV 2021)

(a) Definitions. As used in this clause--

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

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

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

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

Covered entity means--

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

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

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

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

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

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

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

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

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

(End of clause)

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 195 calendar days. The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $393.00 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.

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

CERTIFIED COST OR PRICING DATA -- MODIFICATIONS (NOV 2021)--ALTERNATE III (OCT 1997)

(a) Exceptions from cost or pricing data.

(1) In lieu of submitting certified cost or pricing data for modifications under this contract, for price adjustments expected to exceed the threshold set forth in Federal Acquisition Regulation (FAR) 15.403-4(a)(1) on the date of the agreement on price or the date of the award, whichever is later, the Contractor may submit a written request for exception by submitting the information described in paragraphs (a)(1)(i) and (ii) of this clause. If the threshold for submission of certified cost or pricing data specified in FAR 15.403-4(a)(1) is adjusted for inflation as set forth in FAR 1.109(a), then pursuant to FAR 1.109(d) the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable--

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Information on modifications of contracts or subcontracts for commercial products or commercial services.

(A) If--

(1) The original contract or subcontract was granted an exception from cost or pricing data requirements because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial product or commercial service; and

(2) The modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the Contractor may provide information to establish that the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial product or commercial service, to a contract or subcontract for the acquisition of other than a commercial product or commercial service.

(B) For a commercial product and commercial service exception, the Contractor shall provide, at a minimum, information on prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of the modification. Such information may include--

(1) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted.

Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities.

(2) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market.

(3) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the Contractor's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for cost or pricing data. If the Contractor is not granted an exception from the requirement to submit cost or pricing data, the following applies:

(1) The Contractor shall submit cost or pricing data and supporting attachments in accordance with Table 15-2 of

FAR 15.408.

(c) Submit the cost portion of the proposal via the following electronic media: [Insert media format]

As soon as practicable after agreement on price, but before award (except for unpriced actions), the Contractor shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

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

(a) Definition. Small business concern, as used in this clause--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to--

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

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

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

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

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

(c) Applicability. This clause applies only to--

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

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

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

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

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

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

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

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

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

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

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for--

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

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

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

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

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

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause--

[Contracting Officer check as appropriate.]

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

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

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

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph

(e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protege and its mentor approved by the Small Business Administration, the small business protege shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless--

(1) The product cannot be acquired--

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)).

For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferredgov.

(c) In the performance of this contract, the Contractor shall--

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than--

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)

(a) Definitions. As used in this clause--

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means--

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A…