FA557522R00020001 - Conformed Solicitation.pdf

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

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

SOLICITATION

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

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

11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. 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.

b. An offer guarantee is, is not required.

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

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

STANDARD FORM 1442 (REV. 8/2014)

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

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

12b. CALENDAR DAYS

YES NO

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

AMOUNTS

OFFER (Must be fully completed by offeror)

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

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

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted 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.)

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

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)

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

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

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

Section A - Solicitation/Contract Form

CNS PV Farm

Purchase Requisition Number: A019976

FA557522R00020001

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Design for Basic Package as specified in the Statement of Work.

Firm Fixed Price

1 Lot

Civil Works for Basic Package as specified in the Statement of Work.

Firm Fixed Price

1 Lot

Design for Additive 1 as specified in the Statement of Work.

Firm Fixed Price

1 Lot

Civil Works for Additive 1 as specified in the Statement of Work.

Firm Fixed Price

1 Lot

Design for Additive 2 as specified in the Statement of Work.

Firm Fixed Price

1 Lot

Civil Works for Additive 2 as specified in the Statement of Work.

Firm Fixed Price

1 Lot

Design for Additive 3 as specified in the Statement of Work.

Firm Fixed Price

1 Lot

Civil Works for Additive 3 as specified in the Statement of Work.

Firm Fixed Price

1 Lot

Design for Additive 4 as specified in the Statement of Work.

Firm Fixed Price

1 Lot

Civil Works for Additive 4 as specified in the Statement of Work.

Firm Fixed Price

1 Lot

Design for Additive 5 as specified in the Statement of Work.

Firm Fixed Price

1 Lot

Civil Works for Additive 5 as specified in the Statement of Work.

Firm Fixed Price

1 Lot

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.229-7005 Tax Exemptions (Spain). Mar 2012

Section C - Description/Specifications/Statement of Work

Requirements The project consists in a basic package that includes design and construction works to construct a 900 kWp Photovoltaic (PV) Farm and associated infrastructure, and several additive items that shall be awarded depending on available funding, each consisting in the design services and construction works required, except for the additive item for the underground high voltage feeder which consists in the additional design and construction works required to perform such installation above the cost already considered within the basic package.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-12 Inspection of Construction. Aug 1996

FAR Clauses Incorporated by Full Text

52.246-15 Certificate of Conformance. Apr 1984

As prescribed in , insert the following clause in solicitations and contracts for supplies or services when the conditions in apply:46.315 46.504

CERTIFICATE OF CONFORMANCE (APR 1984)

When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of (a) Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

The Contractor's signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the (b) payment office or attached to the CAO copy when contract administration (Block10 of the DDForm250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the (c) Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense.

The certificate shall read as follows:(d)

I certify that on [ ], the [ ] furnished the supplies or services called for by Contract No. via ____ insert date ____ insert Contractor's name ____ [ ] on [ ] in accordance with all applicable requirements. I further certify that the ____ Carrier ____ identify the bill of lading or shipping document supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.

Date of Execution: Signature: Title: ____ ____ ____

(End of clause)

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: Construction Management Office will perform daily inspections of the work site.

DoDAAC: F3N7A0 CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS PROCESSES

UNIT 6585 BLDG 202 MORON AB

APO

AE 09643-6585

UNITED STATES

496 ABS Chief of Engineering Telephone: +34-955-84-83-17

0002 Inspection and Acceptance Location

Both Destination Instructions: Construction Management Office will perform daily inspections of the work site.

DoDAAC: F3N7A0 CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS PROCESSES

UNIT 6585 BLDG 202 MORON AB

APO

AE 09643-6585

UNITED STATES

496 ABS Chief of Engineering Telephone: +34-955-84-83-17

0003 Inspection and Acceptance Location

Both Destination Instructions: Construction Management Office will perform daily inspections of the work site.

DoDAAC: F3N7A0 CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS PROCESSES

UNIT 6585 BLDG 202 MORON AB

APO

AE 09643-6585

UNITED STATES

496 ABS Chief of Engineering Telephone: +34-955-84-83-17

0004 Inspection and Acceptance Location

Both Destination Instructions: Construction Management Office will perform daily inspections of the work site.

DoDAAC: F3N7A0 CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS PROCESSES

UNIT 6585 BLDG 202 MORON AB

APO

AE 09643-6585

UNITED STATES

496 ABS Chief of Engineering Telephone: +34-955-84-83-17

0005 Inspection and Acceptance Location

Both Destination Instructions: Construction Management Office will perform daily inspections of the work site.

DoDAAC: F3N7A0 CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS PROCESSES

UNIT 6585 BLDG 202 MORON AB

APO

AE 09643-6585

UNITED STATES

496 ABS Chief of Engineering Telephone: +34-955-84-83-17

0006 Inspection and Acceptance Location

Both Destination Instructions: Construction Management Office will perform daily inspections of the work site.

DoDAAC: F3N7A0 CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS PROCESSES

UNIT 6585 BLDG 202 MORON AB

APO

AE 09643-6585

UNITED STATES

496 ABS Chief of Engineering Telephone: +34-955-84-83-17

0007 Inspection and Acceptance Location

Both Destination Instructions: Construction Management Office will perform daily inspections of the work site.

DoDAAC: F3N7A0 CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS PROCESSES

UNIT 6585 BLDG 202 MORON AB

APO

AE 09643-6585

UNITED STATES

496 ABS Chief of Engineering Telephone: +34-955-84-83-17

0008 Inspection and Acceptance Location

Both Destination Instructions: Construction Management Office will perform daily inspections of the work site.

DoDAAC: F3N7A0 CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS PROCESSES

UNIT 6585 BLDG 202 MORON AB

APO

AE 09643-6585

UNITED STATES

496 ABS Chief of Engineering Telephone: +34-955-84-83-17

0009 Inspection and Acceptance Location

Both Destination Instructions: Construction Management Office will perform daily inspections of the work site.

DoDAAC: F3N7A0 CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS PROCESSES

UNIT 6585 BLDG 202 MORON AB

APO

AE 09643-6585

UNITED STATES

496 ABS Chief of Engineering Telephone: +34-955-84-83-17

0010 Inspection and Acceptance Location

Both Destination Instructions: Construction Management Office will perform daily inspections of the work site.

DoDAAC: F3N7A0 CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS PROCESSES

UNIT 6585 BLDG 202 MORON AB

APO

AE 09643-6585

UNITED STATES

496 ABS Chief of Engineering Telephone: +34-955-84-83-17

0011 Inspection and Acceptance Location

Both Destination Instructions: Construction Management Office will perform daily inspections of the work site.

DoDAAC: F3N7A0 CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS PROCESSES

UNIT 6585 BLDG 202 MORON AB

APO

AE 09643-6585

UNITED STATES

496 ABS Chief of Engineering Telephone: +34-955-84-83-17

0012 Inspection and Acceptance Location

Both Destination Instructions: Construction Management Office will perform daily inspections of the work site.

DoDAAC: F3N7A0 CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS PROCESSES

UNIT 6585 BLDG 202 MORON AB

APO

AE 09643-6585

UNITED STATES

496 ABS Chief of Engineering Telephone: +34-955-84-83-17

Section F - Deliveries or Performance

Overall Contract Delivery Period

From date of lead time event to beginning of performance 10 Calendar Days Date of Notice to Proceed Receipt

From date of lead time event to completion of performance 410 Calendar Days Date of Notice to Proceed Receipt

Line Item

Delivery Schedule QTY Address and POC Special Handling /Notes

Delivery Schedule From date of lead time event to completion of performance 410 Calendar Days Date of Notice to Proceed Receipt

1 Lot Service Performance Site DoDAAC: F3N7A0 CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS

PROCESSES

UNIT 6585 BLDG 202 MORON

AB

APO

AE 09643-6585

UNITED STATES

496 ABS Chief of Engineering Telephone: +34-955-84-83-17

FoB Details Contractor Destination

Delivery Schedule From date of lead time event to completion of performance 410 Calendar Days Date of Notice to Proceed Receipt

1 Lot Service Performance Site DoDAAC: F3N7A0 CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS

PROCESSES

UNIT 6585 BLDG 202 MORON

AB

APO

AE 09643-6585

UNITED STATES

496 ABS Chief of Engineering Telephone: +34-955-84-83-17

FoB Details Contractor Destination

Delivery Schedule From date of lead time event to completion of performance 410 Calendar Days Date of Notice to Proceed Receipt

1 Lot Service Performance Site DoDAAC: F3N7A0 CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS

PROCESSES

UNIT 6585 BLDG 202 MORON

AB

APO

AE 09643-6585

UNITED STATES

FoB Details Contractor Destination

496 ABS Chief of Engineering Telephone: +34-955-84-83-17

Delivery Schedule From date of lead time event to completion of performance 410 Calendar Days Date of Notice to Proceed Receipt

1 Lot Service Performance Site DoDAAC: F3N7A0 CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS

PROCESSES

UNIT 6585 BLDG 202 MORON

AB

APO

AE 09643-6585

UNITED STATES

496 ABS Chief of Engineering Telephone: +34-955-84-83-17

FoB Details Contractor Destination

Delivery Schedule From date of lead time event to completion of performance 410 Calendar Days Date of Notice to Proceed Receipt

1 Lot Service Performance Site DoDAAC: F3N7A0 CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS

PROCESSES

UNIT 6585 BLDG 202 MORON

AB

APO

AE 09643-6585

UNITED STATES

496 ABS Chief of Engineering Telephone: +34-955-84-83-17

FoB Details Contractor Destination

Delivery Schedule From date of lead time event to completion of performance 410 Calendar Days Date of Notice to Proceed Receipt

1 Lot Service Performance Site DoDAAC: F3N7A0 CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS

PROCESSES

UNIT 6585 BLDG 202 MORON

AB

APO

AE 09643-6585

UNITED STATES

496 ABS Chief of Engineering Telephone: +34-955-84-83-17

FoB Details Contractor Destination

Delivery Schedule From date of lead time event to completion of performance 410 Calendar Days Date of Notice to Proceed Receipt

1 Lot Service Performance Site DoDAAC: F3N7A0 CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS

PROCESSES

UNIT 6585 BLDG 202 MORON

AB

APO

AE 09643-6585

UNITED STATES

FoB Details Contractor Destination

Delivery Schedule From date of lead time event to completion of performance 410 Calendar Days Date of Notice to Proceed Receipt

1 Lot Service Performance Site DoDAAC: F3N7A0 CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS

PROCESSES

UNIT 6585 BLDG 202 MORON

AB

APO

AE 09643-6585

UNITED STATES

496 ABS Chief of Engineering Telephone: +34-955-84-83-17

FoB Details Contractor Destination

Delivery Schedule From date of lead time event to completion of performance 410 Calendar Days Date of Notice to Proceed Receipt

1 Lot Service Performance Site DoDAAC: F3N7A0 CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS

PROCESSES

UNIT 6585 BLDG 202 MORON

AB

APO

AE 09643-6585

UNITED STATES

496 ABS Chief of Engineering Telephone: +34-955-84-83-17

FoB Details Contractor Destination

Delivery Schedule From date of lead time event to completion of performance 410 Calendar Days Date of Notice to Proceed Receipt

1 Lot Service Performance Site DoDAAC: F3N7A0 CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS

PROCESSES

UNIT 6585 BLDG 202 MORON

AB

APO

AE 09643-6585

UNITED STATES

496 ABS Chief of Engineering Telephone: +34-955-84-83-17

FoB Details Contractor Destination

Delivery Schedule From date of lead time event to completion of performance 410 Calendar Days Date of Notice to Proceed Receipt

1 Lot Service Performance Site DoDAAC: F3N7A0 CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS

PROCESSES

UNIT 6585 BLDG 202 MORON

AB

APO

AE 09643-6585

UNITED STATES

FoB Details Contractor Destination

Delivery Schedule From date of lead time event to completion of performance 410 Calendar Days Date of Notice to Proceed Receipt

1 Lot Service Performance Site DoDAAC: F3N7A0 CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS

PROCESSES

UNIT 6585 BLDG 202 MORON

AB

APO

AE 09643-6585

UNITED STATES

496 ABS Chief of Engineering Telephone: +34-955-84-83-17

FoB Details Contractor Destination

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.204-7006 Billing Instructions. Oct 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7008 Assignment of Claims (Overseas). Jun 1997 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Dec 2018

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause-

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Construction Invoice

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F87700 Issue By DoDAAC FA5575 Admin DoDAAC FA5575 Inspect By DoDAAC FA5575 Ship To Code ____ Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) ____ Service Acceptor (DoDAAC) ____ Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

WAWF helpdesk

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section H - Special Contract Requirements

BANK LETTER OF GUARANTEE

Within ten (10) calendar days after the date of contract award, the Contractor shall furnish the Contracting Officer a Bank Letter of Guarantee for the performance of the work in the amount specified below. Failure to furnish the letter of guarantee will be considered nonconforming and the contract may be terminated for default in accordance with FAR 52.249-10 in Section I.

Amount of Contract Bank Letter:

Under $100,000.00 None (or Euro equivalent) $100,000.00 - $500,000.00 12% of award amount (or Euro equivalent) $500,000.00 and over 10% of award amount (or Euro equivalent)

The Bank Letter of Guarantee will be dated as of the contract date or as soon thereafter as possible. The Bank Letter of Guarantee shall state that a guarantee has been issued against the awarded contract and that the following conditions are in force.

1. When presented by a representative of the U.S. Government against debts due, redemption cannot be contested.

2. The value of the guarantee is to be cited in Euros.

3. The Bank Letter of Guarantee shall also state that the bank agrees and consents that the contract may be modified by change order or supplemental agreement without affecting the validity of the Bank Letter of Guarantee. The Contracting Officer will not issue the Notice to Proceed until approval and acceptance of the Bank Letter of Guarantee.

The Bank Letter of Guarantee will continue in effect throughout the performance period. During the warranty period an amount equal to 10% of the original contract price shall be applicable.

SECURITY PASSES FOR EMPLOYEES AND VEHICLES

a. REQUIREMENTS: Contractor must obtain passes for each employee who will be working on Base. If passes are lost, notify the Security Police and the contract administrator immediately. All passes must be accounted for prior to contract close-out. Final payment will not be made until all passes are in. Drugs will not be permitted on Base. Security policemen with dogs search various areas throughout the day, including parking lots, buildings, etc. Make sure all employees and all subcontractors are informed that drugs will not be tolerated on Base.

b. PROCEDURES: Within ten (10) days from issuance of the Notice to Proceed you must submit a letter stating who at the Company is authorized to sign for passes. THE LETTER MUST STATE THE APPROPRIATE

CONTRACT NUMBER AND PERIOD OF PERFORMANCE AND MUST BE SIGNED BY

CONTRACTING OFFICER PRIOR TO SUBMITTING TO PASS/ID. That person is responsible for seeing that all passes are returned when contract work is completed. Final payment will not be made until all passes are returned or accounted for. Within the letter also include beginning and ending dates of contract and the area where work is to be performed. Indicate subcontractor(s) requiring passes and the name of responsible person(s) or that separate letters from each subcontractor will be submitted.

SPANISH AIR FORCE SAFETY REQUIREMENTS

Prior to commencement of work, contractor must submit to the Contracting Officer the documentation requested by the Spanish Air Force Safety Office. Base access will not be allowed without prior approval of the Spanish Air Force Safety Office, after review and approval of the requested documents.

List of documents that must be submitted for approval:

- Listado de trabajadores actualizado para las actividades contratadas:

a. Certificado de la formacion e informacion de su puesto de trabajo

b. Aptitud medica para las actividades a desarrollar

c. Certificado de entrega de equipos de proteccion individual

d. Certificado de capacitacion y formacion para el uso de equipos de trabajo para su puesto de trabajo

e. TC1 y TC2 del mes anterior o parte de alta en el INSS

- Evaluacion de riesgos para el desarrollo de las actividades contratadas

- Planificacion de la actividad preventiva derivada de la evaluacion de riesgos Permiso para trabajos con riesgo especial

- Documento acreditativo de la modalidad de Organizacion de prevencion de la empresa

- Datos de la Mutua de A.T. y E.P.

- Copia de la poliza de responsabilidad civil y ultimo recibo

- Acreditacion de recibi de informacion por parte de empresa subcontratada

MORON AIR BASE Points of Contact Technical Inspector: Point of Contact: 496 ABS/CE Telephone: 955 84 8379 Base Access Pass/ID: Point of Contact: 496 ABS/SF Telephone: 955 84 8104 Welding/Fire: Point of Contact: Andres Martin 496 ABS/CEFO Telephone: 955 84 8076/8068 Airfield Access: Point of Contact: 496 ABS/OSAM Telephone: 955 84 8362

52.246-21 Warranty of Construction.

Warranty of Construction (Mar 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph

(i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 2 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 2 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of-

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall-

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

(End of clause)

FAR Clauses Incorporated by Full Text

52.236-1 Performance of Work by the Contractor. Apr 1984

As prescribed in 36.501(b), insert the following clause:

Performance of Work by the Contractor (Apr 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 50 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.202-1 Definitions. Jun 2020 52.203-3 Gratuities. Apr 1984 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 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

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

Jun 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. May 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 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

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

Aug 2020

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 52.211-13 Time Extensions. Sep 2000 52.217-2 Cancellation Under Multi-year Contracts. Oct 1997 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-50 Combating Trafficking in Persons. Oct 2020 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.225-1 Buy American-Supplies Jan 2021 52.228-11 Individual Surety-Pledge of Assets. Feb 2021 52.228-14 Irrevocable Letter of Credit. Nov 2014 52.229-6 Taxes-Foreign Fixed-Price Contracts. Feb 2013 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.232-17 Interest. May 2014 52.232-18 Availability of Funds. Apr 1984 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Dec 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 52.236-2 Differing Site Conditions. Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work. Apr 1984 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 52.236-15 Schedules for Construction Contracts. Apr 1984 52.236-17 Layout of Work. Apr 1984 52.236-21 Specifications and Drawings for Construction. Feb 1997 52.242-13 Bankruptcy. Jul 1995 52.242-14 Suspension of Work. Apr 1984 52.243-1 Alternate I Changes-Fixed-Price. - (Alternate I) Aug 1987 52.243-4 Changes. Jun 2007 52.244-6 Subcontracts for Commercial Items. Jul 2021 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-2 Alternate I Termination for Convenience of the Government (Fixed-Price). - (Alternate I) Apr 2012 52.249-10 Default (Fixed-Price Construction). Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.

Dec 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Sep 2013 252.204-7003 Control of Government Personnel Work Product. Apr 1992 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. May 2016

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

Jan 2021

252.205-7000 Provision of Information to Cooperative Agreement Holders. Dec 1991

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

May 2019

252.222-7002 Compliance with Local Labor Laws (Overseas). Jun 1997 252.222-7004 Compliance with Spanish Social Security Laws and Regulations. Jun 1997 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Dec 2010 252.223-7008 Prohibition of Hexavalent Chromium. Jun 2013 252.225-7017 Deviation 2020-O0019Photovoltaic Devices. (DEVIATION 2020-O0019)(Revision 1) Jan 2020 252.225-7041 Correspondence in English. Jun 1997 252.225-7048 Export-Controlled Items. Jun 2013 252.232-7010 Levies on Contract Payments. Dec 2006

252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration.

Apr 2020

252.233-7001 Choice of Law (Overseas). Jun 1997 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2012

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. Dec 1989

As prescribed in 4.103 , insert the following clause:

Approval of Contract (Dec 1989)

This contract is subject to the written approval of a 496 ABS Contracting Officer and shall not be binding until so approved.

(End of clause)

52.211-10 Commencement, Prosecution, and Completion of Work. Apr 1984

As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.

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 410 calendar days thereafter. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 Liquidated Damages-Construction. Sep 2000

As prescribed in 11.503(b), insert the following clause in solicitations and contracts:

Liquidated Damages-Construction (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of 1,272.44 EUROS for the first day and 1,148.32 EUROS for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

52.232-5 Payments under Fixed-Price Construction Contracts. May 2014

As prescribed in , insert the following clause:32.111(a)(5)

PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

____ ( )Name

____ ( )Title

____ ( )Date

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

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

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

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

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

. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be (e) Retainage made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

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

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

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

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

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

Completion and acceptance of all work;(1)

Presentation of a properly executed voucher; and(2)

Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that (3) the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of1940 (31 U.S.C.3727 and 41 U.S.C.6305).

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

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

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

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

(End of clause)

52.232-8 Discounts for Prompt Payment. Feb 2002

As prescribed in , insert the following clause:32.111(b)(1)

DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the (a) award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices.

In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not (b) placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.

(End of clause)

52.232-16 Progress Payments. Jun 2020

As prescribed in , insert the following clause:32.502-4(a)

PROGRESS PAYMENTS (JUN 2020)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

Computation of amounts. (a) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 (1) percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under Federal Acquisition Regulation (FAR)31.205-10 as an incurred cost for progress payment purposes.

The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that (2) have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors-

In accordance with the terms and conditions of a subcontract or invoice; and(i)

Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.(ii)

The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless-(3)

The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and(i)

The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution (ii) remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:(4)

Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and (i) practices.

Costs incurred by subcontractors or suppliers.(ii)

Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of (iii) such costs.

Payments made or amounts payable to subcontractors or suppliers, except for-(iv)

Completed work, including partial deliveries, to which the Contractor has acquired title; and(A)

Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.(B)

The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including (5) allowable unliquidated progress payments to subcontractors) nor (ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.

The total amount of progress payments shall not exceed 80 percent of the total contract price.(6)

If a progress payment or the unliquidated progress payments exceed the amounts permitted by paragraphs (a)(4) or (a)(5) of this clause, (7) the Contractor shall repay the amount of such excess to the Government on demand.

Notwithstanding any other terms of…