Amendment A001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

N/A

PAGE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE NO. 5. PROJECT NO. (If applicable)

A001 10/11/2022 N/A See Box 14

6. ISSUED BY CODE N/A 7. ADMINISTERED BY (If other than Item 6) CODE N/A

Department of Transportation Federal Highway Administration 610 East Fifth Street Vancouver WA 98661-3801

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and Zip Code) 9A. AMENDMENT OF SOLICITATION NO.

X

69056722R000015

9B. DATED (SEE ITEM 11)

08/03/2022

10A. MODIFICATION OF CONTRACT/ORDER NO.

N/A

10B. DATED (SEE ITEM 13)

CODE: N/A FACILITY CODE: N/A

N/A

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

| X | The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

(_x _ ) is extended, ( ) is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

N/A

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A THIS CHANGE ORDER IS ISSUED PURSUANT TO (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN

ITEM 10A.

N/A

B THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (Such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D OTHER (Specify type of modification and authority)

N/A

E. IMPORTANT: Contractor n/a is not, n/a is required to sign this document and return n/a copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

AK NPS DENA 10(49), Polychrome Area Improvements

See page 2

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15a. NAME AND TITLE OF SIGNER (Type or print) 15a. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

N/A

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

BY_________________________________________ BY N/A___________________________ N/A (Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITION NOT USABLE

30-105 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

Amendment No. A001, dated 10/11/2022 AK NPS DENA 10(49) Solicitation No. 69056722R000015 Polychrome Area Improvements

REVISIONS ARE AS FOLLOWS:

REQUEST FOR PROPOSALS

Page 1, Revises Telephone Number.

Page 2, Revises Project No.

NOTICE TO OFFERORS

Page NTO-1, Part II, Pre-proposal Information. Revises email address.

SF 1442, SOLICITATION, OFFER, AND AWARD

Page A-1, Revises the following.

Block 10. Revises Project Number.

Block 13A. Revises proposal due date from 11/05/2022 to 11/07/2022.

SOLICITATION PROVISIONS

Pages B-21 through B-22. Deletes FAR Provision 52.222-33, Notice of Requirement for Project Labor Agreement. Alternate I (May 2010).

CONTRACT CLAUSES

Pages C-53 through C-54. Deletes both FAR Clauses 52.222-34, Project Labor Agreement.

(May 2010), and Project Labor Agreement. (May 2010) Alternate I ( (May 2010)

INSTRUCTIONS TO OFFERORS

Page ITO-13, Subsection 6.2.1.1, Key Personnel. Revises Criteria for Construction Project Manager.

Pages ITO-15 through ITO-17. Revises first paragraph of the following Subsections.

Subsection 6.2.2.1.1, Subfactor A Construction Project Manager (Prime Contractor) (150 Points).

Subsection 6.2.2.1.2, Subfactor B Bridge Superintendent (150 Points).

Subsection 6.2.2.1.3, Subfactor C Earthwork Foreman (100 points).

Subsection 6.2.2.2.1, Subfactor A Complex Bridge Construction Experience (175 Points).

Subsection 6.2.2.2.2, Subfactor B Earthwork and Foundations Experience (125 points).

ENCLOSURES

Pages:

1 / 2 / A-1 / NTO-1 / ITO-13 / ITO-15 through ITO-17 B-21 through B-22 / C-53 through C-54

New proposal due date: 11-07-2022

Notice to Bidders: Please submit revised pages B-21 through B-22 with your bid.

REQUEST FOR PROPOSALS

Solicitation No. 69056722R0000015

Project Number: AK NPS DENA 10(49) Project Name: Polychrome Area Improvements

This solicitation cites Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14 This project uses U.S. Customary units of measure.

ISSUING OFFICE:

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

610 EAST FIFTH STREET

VANCOUVER, WA 98661-3801

Phone: (360) 619-7738 7520 e-mail: wfl.contracts@dot.gov

Proposals Due Date:

See Page A-3, Block 13A

QUICK INDEX

Page Item --- Table of Contents NTO-1 Notice to Offerors

Solicitation Documents ITO-1 Instructions to Offerors ITO-24 Forms --- Offer Submittal Checklist --- Authority to Sign --- Bid Bond form

Contract Documents A-1 SF 1442, Solicitation, Offer and Award A-4 Price Sheet --- Preliminary Design Construction Bid Schedule A-5 Subcontracting Plan B-1 Solicitation Provisions C-1 Contract Clauses D-1 Wage Determinations SOW-1 Statement of Work --- Preliminary Design Table of Contents E-1 Standard Contract Requirements H-1 Permits I-1 Reserved J-1 Fire Suppression Plan --- Preliminary Design Plan Sheets

This is a Construction Contractor/ General Contractor (CMGC) Solicitation

Revised by Amendment A001

PROJECT No. AK NPS DEN 10(4) AK NPS DENA 10 (49)

PROJECT NAME Polychrome Area Improvements

BEGINNING AT Mile Post 45.4

LENGTH .33 Miles

NATIONAL Denali National Park

COUNTY Denali Borough

STATE Alaska

FIXED COMPLETION DATE See FAR Clause 52.211-10 (FAR Clauses begin on page C-1)

NTO-1

NOTICE TO OFFERORS

THIS PROJECT IS BEING SOLICITED AND AWARDED UNDER FP-14.

The FP-14 is FLH’s Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects. To view the FP-14 electronically go to:

https://highways.dot.gov/federal-lands/specs

The FP-14 is a dual unit document with U.S. Customary units being the primary unit shown. Metric equivalents are shown in parenthesis.

When submitting proposals, drawings, calculations, and other construction documents, use only U.S.

Customary units of measure, unless otherwise stated.

I. Project Location.

The project work is located approximately 125 miles SW of Fairbanks, Alaska within the Denali National Park.

Project Limits. Signs have not been erected to identify the project limits. No Government personnel will be available for show-me tours. Site visits were available during the summer of 2022.

II. Pre-proposal Information.

General and Technical questions regarding the proposed work for this project will be accepted until close-of-business on October 28, 2022. Questions can be submitted to: wfl.plans-spec@dot.gov plans_spec@dot.gov. Answers to General and Technical Questions will be posted at:

https://sam.gov/opp/7cd9705b1ff3427bbb0d105ff885aa75/view

Every attempt to respond to questions will be made. However, responses to questions received after the above date may or may not be responded to, at the sole discretion of FHWA.

See Subsection 3.2 Offeror Questions in the Instruction to Offers for additional contact information.

Physical data. This solicitation includes electronic data listed in FAR Clause 52.236-4, Physical Data and Preliminary DESIGN plan sheets.

NOTE: Refer to clauses 52.211-10 and 52.217-7 for information regarding fixed completion dates and exercising of option items.

REPS & CERTS. Submit or update Representations and Certifications online at https://www.sam.gov/SAM/ before proposal submittal. For more details, see FAR Provision 52.204-8 Annual Representations and Certifications (see page B-2). If you have previously registered on-line and the NAICS code for this solicitation is different than the code listed in your online file, please note the amended changes on the lines provided in FAR 52.204-8.

Requests for technical information. See subsection 3.2 Inquiries in the Information to Offerors (begins on page ITO-1).

This solicitation contains a Price Evaluation Factor. In accordance with 13 CFR Subsection 126.613, we will apply a factor of 10 percent to technically acceptable low offer submitted by a large business

CMGC, Notice to Offerors Project: AK NPS DENA 10(49), Polychrome Area Improvements

ITO-13

Criteria for Construction Project Manager

For Government Use

YES=GO

NO=NO-GO

Does the Construction Project Manager have at least one (1) two (2) complex* bridge construction projects, completed or substantially completed after 2012, that were over $15 million and for a state or federal government agency.

*Complex Bridge – bridge type = non‐pre‐fabricated truss bridge (min 250’ span), cable stayed bridge (min 250’ span), concrete segmental min 250’ (length), or arch (concrete or steel w/ min. 250’ span length).

6.2.1.1.2 Bridge Superintendent

The day-to-day manager on site during the construction of the project and the primary contact for FHWA on-site personnel during the construction phase. The Bridge Superintendent is the overall person in charge of the project on the project site and is also the primary contact for constructability reviews during the design process.

Submit completed “Form K2 – Bridge Superintendent” to demonstrate the experience of the Bridge Superintendent. The two (2) projects used as experience to satisfy the Go/No-Go criteria must be submitted as projects for key personnel experience in the Technical Evaluation – Part 2 form “K2 – Bridge Superintendent”. The project experience must have been achieved working in a key supervisory role (e.g. Bridge Superintendent, Construction Project Manager, Lead Project Engineer, Superintendent etc.).

Criteria for Bridge Superintendent

For Government Use

YES=GO

NO=NO-GO

Does the Bridge Superintendent have a minimum of 2 projects, completed or substantially completed since 2012 serving as a superintendent for a complex* bridge project.

*Complex Bridge – bridge type = non‐pre‐fabricated truss bridge (min 250’ span), cable stayed bridge (min 250’

6.2.1.1.3 Earthwork Foreman

The day-to-day manager on-site for the project’s earthwork and rockfall tasks. This person is able to understand and implement the earthwork and rockfall-related work elements within the contract.

Submit completed “Form K3 – Earthwork Foreman” to demonstrate the experience of the Earthwork Foreman. The two (2) projects used as experience to satisfy the Go/No-Go criteria must

CMGC, Instructions to Offerors

ITO-15

6.2.2 Technical Evaluation – Part 2 (1000 points)

Submit information pertaining to each of the following factors. Point totals for evaluation purposes are listed for each factor, subfactor, and element. Only the contents contained in the submitted Form for each subfactor will be considered when evaluating each subfactor.

6.2.2.1 Factor 1 Key Personnel (400 points)

6.2.2.1.1 Subfactor A Construction Project Manager (Prime Contractor) (150 Points)

Submit completed “Form K1 – Construction Project Manager” to demonstrate the experience of the Construction Project Manager. The following elements must have been achieved working in a key supervisory role (e.g. Construction Project Manager, Lead Project Engineer, Superintendent etc.). Full points will be awarded when all elements below are achieved in any number of the evaluated projects:

Element Element (must have been completed or substantially completed after 2012) Points

1 Experience with roadway or bridge projects in remote regions 35

Experience with roadway or bridge projects in arctic and/or subarctic regions

3 Experience as a project manager on a CMGC contract 25

Experience on projects with constricted work areas and limited access

Experience with planning contractor work camps in remote locations with limited to no utilities

6 Experience with projects in environmentally sensitive locations 15

6.2.2.1.2 Subfactor B Bridge Superintendent (150 Points)

Submit completed “Form K2 – Bridge Superintendent” to demonstrate the experience of the Bridge Superintendent. The following elements must have been achieved working in a key supervisory role (e.g. Bridge Superintendent, Construction Project Manager, Lead Project Engineer, Superintendent etc.). Full points will be awarded when all elements below are achieved in any number of the evaluated projects:

ITO-16

Element Element (must have been completed after 2012) Points

Experience with contracts over $15 million constructing bridges for state or federal government agencies

Experience constructing bridges in constricted work areas with limited access

Experience with complex* bridge erection using temporary towers, suspension cables, incremental launching or gantry crane launching

4 Experience on bridge construction projects in remote locations 25

Experience on bridge construction projects in arctic and/or subarctic regions

*Complex Bridge – bridge type = non‐pre‐fabricated truss bridge (min 250’ span), cable stayed bridge (min 250’

6.2.2.1.3 Subfactor C Earthwork Foreman (100 points)

Submit completed “Form K3 – Earthwork Foreman” to demonstrate the experience of the Earthwork Foreman. Full points will be awarded when all elements below are achieved in any number of the evaluated projects:

Element Element (must have been completed after 2012) Points

Experience safely constructing, monitoring, and maintaining construction access across an active landslide. 25

Experience producing finished rock cut faces that have a natural, rather than manmade, appearance. 20

3 Experience with construction projects in remote locations 15

Experience with construction projects in arctic and/or subarctic regions 15

5 Construction of retaining structures in permafrost conditions 15

6 Performance of earthwork in permafrost conditions. 10

ITO-17

6.2.2.2 Factor 2 Experience (400 Points)

6.2.2.2.1 Subfactor A Complex Bridge Construction Experience (175 Points)

Submit completed “Form E1 – Project Experience Bridge” to demonstrate past experience with complex bridge construction. Submit five projects maximum. Three (3) out of the five (5) projects submitted for experience must be projects completed by the prime contractor. Full points will be awarded when all elements below are achieved in any number of the evaluated projects:

Element Element (must have been completed after 2012) Points

1 Experience working on a complex* bridge construction 40

Experience with contracts over $15 million constructing bridges for state or federal government agencies

Experience constructing bridges in constricted work areas with limited access

Experience with complex* bridge erection using temporary towers, suspension cables, incremental launching or gantry crane launching

Experience on bridge construction projects in arctic and/or subarctic regions

Experience on projects with bridges that have foundation with ground anchors

Accelerated Bridge Construction (ABC) – experience with prefabricated bridge components that are fabricated offsite and assembled at the bridge location

*Complex Bridge – bridge type = non‐pre‐fabricated truss bridge (min 250’ span), cable stayed bridge (min 250’

6.2.2.2.2 Subfactor B Earthwork and Foundations Experience (125 points)

Submit completed “Form E2 – Project Experience Earthwork and Foundations” to demonstrate past experience with Rock Excavation. Submit five projects maximum. Projects submitted for experience may be from the prime contractor or subcontractors. Full points will be awarded when all elements below are achieved in any number of the evaluated projects:

AK NPS DENA 10(49)

11/07/2022

B-21

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a firm fixed-price contract resulting from this solicitation.

52.217-5 Evaluation of Options (Jul 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the

Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (May 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

52.222-33 – Notice of Requirement for Project Labor Agreement. Alternate I (May 2010)

(a) Definitions. “Labor organization” and “project labor agreement,” as used in this provision, are defined in the clause of this solicitation entitled Project Labor Agreement.

(b) The apparent successful offeror shall negotiate a project labor agreement with one or more labor organizations for the term of the resulting construction contract.

(c) Consistent with applicable law, the project labor agreement reached pursuant to this provision shall—

(1) Bind the offeror and all subcontractors engaged in construction on the construction project to comply with the project labor agreement;

(2) Allow the offeror and all subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements;

(3) Contain guarantees against strikes, lockouts, and similar job disruptions;

CMGC, Solicitation Provisions

B-22

(4) Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the term of the project labor agreement;

(5) Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health; and

(6) Fully conform to all statutes, regulations, Executive orders, and agency requirements.

(d) Any project labor agreement reached pursuant to this provision does not change the terms of this contract or provide for any price adjustment by the Government.

(e) The apparent successful offeror shall submit to the Contracting Officer a copy of the project labor agreement prior to contract award.

52.233-2 Service of Protest (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Contracting Officer, Contracts Section, Federal Highway Administration, 610 East Fifth Street, Vancouver, WA 98661- 3801.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 Site Visit (Construction) (Feb 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and

Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

There will be no government arranged site visits. The site is NOT readily available for inspection.

Contractors will need a road travel permit to access the project site. You will also be required view a video on the rules-of-the- road and to follow those rules during your visit. See Notice to Bidders for more details.

52.236-28 Preparation of Proposals—Construction (Oct 1997)

(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms; and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including—

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

CMGC, Solicitation Provisions

C-53

(3) Keep records that shall at least include for each employee the name, address, telephone number, construction trade, union affiliation (if any), employee identification number, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, separate records are not required to be maintained.

(o) Nothing contained herein shall be construed as a limitation upon the application of other laws that establish different standards of compliance or upon the requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

52.222-34 – Project Labor Agreement. (May 2010)

(a) Definitions. As used in this clause-- “Labor organization” means a labor organization as defined in 29 U.S.C. 152(5).

“Project labor agreement” means a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is an agreement described in 29 U.S.C. 158(f).

(b) The Contractor shall maintain in a current status throughout the life of the contract the project labor agreement entered into prior to the award of this contract in accordance with solicitation provision 52.222-33, Notice of Requirement for Project Labor Agreement.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts with subcontractors engaged in construction on the construction project.

52.222-34 – Project Labor Agreement. (May 2010) Alternate I ( (May 2010)

(a) Definitions. As used in this clause-- “Labor organization” means a labor organization as defined in 29 U.S.C. 152(5).

“Project labor agreement” means a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is an agreement described in 29 U.S.C. 158(f).

(b) Consistent with applicable law, the Contractor shall negotiate a project labor agreement with one or more labor organizations for the term of this construction contract. The Contractor shall submit an executed copy of the project labor agreement to the Contracting Officer.

(c) Consistent with applicable law, the project labor agreement reached pursuant to this clause shall--

(1) Bind the Contractor and all subcontractors engaged in construction on the construction project to comply with the project labor agreement;

(2) Allow the Contractor and all subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements;

(3) Contain guarantees against strikes, lockouts, and similar job disruptions;

(4) Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the project labor agreement;

(5) Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health; and

(6) Fully conform to all statutes, regulations, Executive orders, and agency requirements.

(d) Any project labor agreement reached pursuant to this clause does not change the terms of this contract or provide for any price adjustment by the Government.

(e) The Contractor shall maintain in a current status throughout the life of the contract the project labor agreement entered into pursuant to this clause.

CMGC, Contract Clauses

C-54

(f) Subcontracts. The Contractor shall require subcontractors engaged in construction on the construction project to agree to any project labor agreement negotiated by the prime contractor pursuant to this clause, and shall include the substance of paragraphs (d) through (f) of this clause in all subcontracts with subcontractors engaged in construction on the construction project.

52.222-35 Equal Opportunity for Veterans (Jun 2020)

(a) Definitions. As used in this clause-

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at Federal Acquisition Regulation (FAR) 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-36 Affirmative Action for Workers with Disabilities (Jun 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-37 Employment Reports on Veterans (Jun 2020)

(a) Definitions. As used in this clause, “active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” and “recently separated veteran,” have the meanings given in Federal Acquisition Regulation (FAR) 22.1301.

(b) Unless the Contractor is a State or local government agency, the Contractor shall report at least annually, as required by the Secretary of Labor, on-

(1) The total number of employees in the contractor’s workforce, by job category and hiring location, who are protected veterans (i.e., active duty wartime or campaign badge veterans, Armed Forces service medal veterans, disabled veterans, and recently separated veterans);

(2) The total number of new employees hired during the period covered by the report, and of the total, the number of protected veterans (i.e., active duty wartime or campaign badge veterans, Armed Forces service medal veterans, disabled veterans, and recently separated veterans); and

CMGC, Contract Clauses