9. Provisions and Clauses, 28 March 2023.pdf

DOCUMENT NUMBER SOLICITATION NUMBER

FA489724BC002 FA489724RC002

CLAUSES INCORPORATED BY REFERENCE

CLAUSE

NO

ALT NO/

DEV NO

CLAUSE TITLE YEAR-

MO

SECTION

252.201-7000 Contracting Officer's Representative. 1991-12 SEC G

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09 SEC I

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

2023-01 SEC I

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2022-12 SEC I

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

2022-09 SEC K

252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I 252.204-7004 Antiterrorism Awareness Training for Contractors. 2023-01 SEC I

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10 SEC K

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2023-01 SEC I

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

2023-01 SEC I

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

2021-05 SEC K

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

2023-01 SEC I

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. 2023-11 SEC L 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. 2023-11 SEC I 252.205-7000 Provision of Information to Cooperative Agreement Holders. 2023-06 SEC I

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

2019-05 SEC I

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

2023-01 SEC L

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2023-01 SEC I 252.223-7004 Drug-Free Work Force. 1988-09 SEC I

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

2014-09 SEC I

252.223-7008 Prohibition of Hexavalent Chromium. 2023-01 SEC I 252.225-7048 Export-Controlled Items. 2013-06 SEC I

252.225-7055 Representation Regarding Business Operations with the Maduro Regime.

2022-05 SEC K

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

2023-01 SEC I

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12 SEC G

252.232-7010 Levies on Contract Payments. 2006-12 SEC I

252.232-7011 Payments in Support of Emergencies and Contingency Operations.

2013-05 SEC I

252.236-7000 Modification Proposals--Price Breakdown. 1991-12 SEC G 252.242-7006 Accounting System Administration. 2012-02 SEC I 252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.243-7002 Requests for Equitable Adjustment. 2022-12 SEC I

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11 SEC I

Safety of Facilities, Infrastructure, and Equipment for Military

28 March 2024

252.246-7004 Operations. 2010-10 SEC I 52.202-1 Definitions. 2020-06 SEC I 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. 2014-05 SEC I

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

2020-06 SEC I

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

2017-01 SEC I

52.203-3 Gratuities. 1984-04 SEC I 52.203-5 Covenant Against Contingent Fees. 2014-05 SEC I 52.203-6 Restrictions on Subcontractor Sales to the Government. 2020-06 SEC I 52.203-7 Anti-Kickback Procedures. 2020-06 SEC I

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

2014-05 SEC I

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

2020-06 SEC I

52.204-13 System for Award Management Maintenance. 2018-10 SEC I 52.204-16 Commercial and Government Entity Code Reporting. 2020-08 SEC L 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 SEC I

52.204-19 Incorporation by Reference of Representations and Certifications.

2014-12 SEC I

52.204-22 Alternative Line Item Proposal. 2017-01 SEC L

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

Services Developed or Provided by Kaspersky Lab Covered Entities.

2023-12 SEC I

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

2021-11 SEC K

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

2021-11 SEC I

52.204-27 Prohibition on a ByteDance Covered Application. 2023-06 SEC I

52.204-29 Federal Acquisition Supply Chain Security Act Orders- Representation and Disclosures.

2023-12 SEC K

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

2011-05 SEC I

52.204-7 System for Award Management. 2018-10 SEC L 52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 SEC I

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

2015-11 SEC I

52.209-13 Violation of Arms Control Treaties or Agreements- Certification.

2021-11 SEC K

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

2021-11 SEC I

52.209-7 Information Regarding Responsibility Matters. 2018-10 SEC K

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

2018-10 SEC I

52.214-12 Preparation of Bids. 1984-04 SEC L 52.214-18 Preparation of Bids-Construction. 1984-04 SEC L 52.214-19 Contract Award-Sealed Bidding-Construction. 1996-08 SEC L

52.214-23 Late Submissions, Modifications, Revisions, and Withdrawals of Technical Proposals under Two-Step Sealed Bidding.

1999-11 SEC L

52.214-26 Audit and Records-Sealed Bidding. 2020-06 SEC I

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data- Modifications-Sealed Bidding.

2020-06 SEC I

52.214-28 Subcontractor Certified Cost or Pricing Data-Modifications- Sealed Bidding.

2020-06 SEC I

52.214-29 Order of Precedence-Sealed Bidding. 1986-01 SEC I 52.214-3 Amendments to Invitations for Bids. 2016-12 SEC L 52.214-34 Submission of Offers in the English Language. 1991-04 SEC L 52.214-35 Submission of Offers in U.S. Currency. 1991-04 SEC L 52.214-4 False Statements in Bids. 1984-04 SEC L

52.214-5 Submission of Bids. 2016-12 SEC L 52.214-6 Explanation to Prospective Bidders. 1984-04 SEC L 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids. 1999-11 SEC L

52.219-30 Notice of Set-Aside for, or Sole-Source Award to, Women-

Owned Small Business Concerns Eligible Under the Women- Owned Small Business Program.

2022-10 SEC I

52.219-33 Nonmanufacturer Rule. 2021-09 SEC I 52.219-6 Notice of Total Small Business Set-Aside. 2020-11 SEC I 52.219-8 Utilization of Small Business Concerns. 2023-09 SEC I 52.222-10 Compliance with Copeland Act Requirements. 1988-02 SEC I 52.222-11 Subcontracts (Labor Standards). 2014-05 SEC I 52.222-12 Contract Termination-Debarment. 2014-05 SEC I

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations.

2014-05 SEC I

52.222-14 Disputes Concerning Labor Standards. 1988-02 SEC I 52.222-15 Certification of Eligibility. 2014-05 SEC I 52.222-21 Prohibition of Segregated Facilities. 2015-04 SEC I 52.222-26 Equal Opportunity. 2016-09 SEC I

52.222-27 Affirmative Action Compliance Requirements for Construction.

2015-04 SEC I

52.222-3 Convict Labor. 2003-06 SEC I 52.222-35 Equal Opportunity for Veterans. 2020-06 SEC I 52.222-36 Equal Opportunity for Workers with Disabilities. 2020-06 SEC I 52.222-37 Employment Reports on Veterans. 2020-06 SEC I

52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work.

2014-05 SEC L

52.222-50 Combating Trafficking in Persons. 2021-11 SEC I 52.222-54 Employment Eligibility Verification. 2022-05 SEC I

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026.

2022-01 SEC I

52.222-6 Construction Wage Rate Requirements. 2018-08 SEC I 52.222-62 Paid Sick Leave Under Executive Order 13706. 2022-01 SEC I 52.222-7 Withholding of Funds. 2014-05 SEC I 52.222-8 Payrolls and Basic Records. 2021-07 SEC I 52.222-9 Apprentices and Trainees. 2005-07 SEC I

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

2020-06 SEC I

52.223-21 Foams. 2016-06 SEC I 52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 SEC I 52.223-6 Drug-Free Workplace. 2001-05 SEC I 52.225-10 Notice of Buy American Requirement-Construction Materials. 2014-05 SEC M 52.225-13 Restrictions on Certain Foreign Purchases. 2021-02 SEC I 52.228-11 Individual Surety-Pledge of Assets. 2021-02 SEC I 52.228-12 Prospective Subcontractor Requests for Bonds. 2022-12 SEC I 52.228-14 Irrevocable Letter of Credit. 2014-11 SEC I 52.228-17 Individual Surety-Pledge of Assets (Bid Guarantee). 2021-02 SEC L 52.228-2 Additional Bond Security. 1997-10 SEC I 52.228-5 Insurance-Work on a Government Installation. 1997-01 SEC I

52.229-11 Tax on Certain Foreign Procurements-Notice and Representation.

2020-06 SEC K

52.229-12 Tax on Certain Foreign Procurements. 2021-02 SEC I 52.229-3 Federal, State, and Local Taxes. 2013-02 SEC I 52.232-15 Progress Payments Not Included. 1984-04 SEC L 52.232-17 Interest. 2014-05 SEC I 52.232-23 Assignment of Claims. 2014-05 SEC I

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

2018-10 SEC I

52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 SEC I Providing Accelerated Payments to Small Business

52.232-40 Subcontractors. 2023-03 SEC I 52.233-1 Disputes. 2014-05 SEC I 52.233-3 Protest after Award. 1996-08 SEC I 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I 52.236-10 Operations and Storage Areas. 1984-04 SEC I 52.236-11 Use and Possession Prior to Completion. 1984-04 SEC I 52.236-12 Cleaning Up. 1984-04 SEC I 52.236-13 Accident Prevention. 1991-11 SEC I 52.236-15 Schedules for Construction Contracts. 1984-04 SEC I 52.236-2 Differing Site Conditions. 1984-04 SEC I 52.236-21 Specifications and Drawings for Construction. 1997-02 SEC I 52.236-3 Site Investigation and Conditions Affecting the Work. 1984-04 SEC I 52.236-5 Material and Workmanship. 1984-04 SEC I 52.236-6 Superintendence by the Contractor. 1984-04 SEC I 52.236-7 Permits and Responsibilities. 1991-11 SEC I 52.236-8 Other Contracts. 1984-04 SEC I

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

1984-04 SEC I

52.242-13 Bankruptcy. 1995-07 SEC I 52.242-14 Suspension of Work. 1984-04 SEC I 52.243-4 Changes. 2007-06 SEC I

52.244-6 Subcontracts for Commercial Products and Commercial Services.

2023-12 SEC I

52.246-12 Inspection of Construction. 1996-08 SEC E 52.247-34 F.o.b. Destination. 1991-11 SEC F 52.249-10 Default (Fixed-Price Construction). 1984-04 SEC I 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 SEC I 52.214-24 Multiple Technical Proposals. 1984-04 SEC L

252.204-7016 Covered Defense Telecommunications Equipment or Services- Representation.

2019-12 SEC K

52.204-17 Ownership or Control of Offeror. 2020-08 SEC K

52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

2021-11 SEC I

52.209-5 Certification Regarding Responsibility Matters. 2020-08 SEC K 52.219-9 ALT I Small Business Subcontracting Plan. (Alternate I) 2016-11 SEC I 52.219-16 Liquidated Damages-Subcontracting Plan. 2021-09 SEC I

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

2018-05 SEC I

52.222-38 Compliance with Veterans’ Employment Reporting Requirements.

2016-02 SEC K

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

2013-09 SEC I

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation.

2016-12 SEC K

52.236-14 Availability and Use of Utility Services. 1984-04 SEC I 52.236-17 Layout of Work. 1984-04 SEC I 52.242-5 Payments to Small Business Subcontractors. 2017-01 SEC I 52.253-1 Computer Generated Forms. 1991-01 SEC I

252.204-7000 Disclosure of Information. 2016-10 SEC I 252.219-7003 Small Business Subcontracting Plan (DoD Contracts). 2019-12 SEC I

252.229-7014 Full Exemption from Two-Percent Excise Tax on Certain Foreign Procurements.

2022-10 SEC I

CLAUSES IN FULL TEXT

CLAUSE ALT NO/ YEAR-

NO DEV NO CLAUSE TITLE MO

CLAUSE TEXT

52.217-4 Evaluation of Options Exercised at Time of Contract Award. 1988-06

As prescribed in , insert a provision substantially the same as the following:17.208(b)

Evaluation of Options Exercised at Time of Contract Award (June 1988)

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 the total price for the basic requirement together with any option

(s) exercised at the time of award.

(End of provision)

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act.

2010-12

As prescribed in , insert the following clause:22.1605

Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

During the term of this contract, the Contractor shall post an employee notice, of such size and in (a) such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR471.2 (d) and (f).

Physical posting of the employee notice shall be in conspicuous places in and about the (1) Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

If the Contractor customarily posts notices to employees electronically, then the Contractor shall (2) also post the required notice electronically by displaying prominently, on any website that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's website that contains the full text of the poster. The link to the Department's website, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."

This required employee notice, printed by the Department of Labor, may be-(b)

Obtained from the Division of Interpretations and Standards, Office of Labor-Management (1) Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

Provided by the Federal contracting agency if requested;(2)

Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov(3) /olms/regs/compliance/EO13496.htm; or

Reproduced and used as exact duplicate copies of the Department of Labor's official poster.(4)

The required text of the employee notice referred to in this clause is located at Appendix A, (c) Subpart A, .29 CFR Part 471

The Contractor shall comply with all provisions of the employee notice and related rules, (d) regulations, and orders of the Secretary of Labor.

In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) (e) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with and subpart 9.4. Such other 29 CFR 471.14 sanctions or remedies may be imposed as are provided by , which implements Executive 29 CFR part 471 Order 13496 or as otherwise provided by law.

Subcontracts.(f)

The Contractor shall include the substance of this clause, including this paragraph (f), in every (1) subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

The Contractor shall not procure supplies or services in a way designed to avoid the applicability (2) of Executive Order 13496 or this clause.

The Contractor shall take such action with respect to any such subcontract as may be directed by (3) the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.

However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened (4) with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(End of clause)

52.228-15 Performance and Payment Bonds-Construction. 2020-06

As prescribed in , insert a clause substantially as follows:28.102-3(a)

Performance and Payment Bonds-Construction (Jun 2020)

. As used in this clause-(a) Definitions means the award price of the contract; or, for requirements contracts, the price Original contract price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

. Unless the resulting contract price is valued at or below the threshold (b) Amount of required bonds specified in Federal Acquisition Regulation 28.102-1(a) on the date of award of this contract, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

. The penal amount of performance bonds at the time of (1) Performance bonds (Standard Form 25) contract award shall be 100 percent of the original contract price.

. The penal amount of payment bonds at the time of contract (2) Payment Bonds (Standard Form 25A) award shall be 100 percent of the original contract price.

Additional bond protection.(3)

The Government may require additional performance and payment bond protection if the contract (i) price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

The Government may secure the additional protection by directing the Contractor to increase the (ii) penal amount of the existing bond or to obtain an additional bond.

. The Contractor shall furnish all executed bonds, including any (c) Furnishing executed bonds necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

. The bonds shall be in the form of firm commitment, supported (d) Surety or other security for bonds by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the or may be Federal Register obtained from the:

U.S. Department of the Treasury, Financial Management, Service Surety Bond Branch, 3700 East West Highway, Room 6 F01, Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

(40 U.S.C. 3133(c)). Any waiver of the right to sue (e) Notice of subcontractor waiver of protection on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of clause)

52.232-27 Prompt Payment for Construction Contracts. 2017-01

As prescribed in , insert the following clause:32.908(b)

Prompt Payment for Construction Contracts (JAN 2017)

Notwithstanding any other payment terms in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation.

All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a)(3) concerning payments due on Saturdays, Sundays, and legal holidays.)

Invoice payments-(a)

. For purposes of this clause, there are several types of invoice payments (1) Types of invoice payments that may occur under this contract, as follows:

Progress payments, if provided for elsewhere in this contract, based on Contracting Officer (i) approval of the estimated amount and value of work or services performed, including payments for reaching milestones in any project.

The due date for making such payments is 14 days after the designated billing office receives a (A) proper payment request. If the designated billing office fails to annotate the payment request with the actual date of receipt at the time of receipt, the payment due date is the 14 thday after the date of the Contractor's payment request, provided the designated billing office receives a proper payment request and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

The due date for payment of any amounts retained by the Contracting Officer in accordance with (B) the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, is as specified in the contract or, if not specified, 30 days after approval by the Contracting Officer for release to the Contractor.

Final payments based on completion and acceptance of all work and presentation of release of all (ii) claims against the Government arising by virtue of the contract, and payments for partial deliveries that have been accepted by the Government ( each separate building, public work, or other division of the e.g., contract for which the price is stated separately in the contract).

The due date for making such payments is the later of the following two events:(A)

The 30 thday after the designated billing office receives a proper invoice from the Contractor.(1)

The 30 thday after Government acceptance of the work or services completed by the Contractor. (2) For a final invoice when the payment amount is subject to contract settlement actions ( release of e.g., claims), acceptance is deemed to occur on the effective date of the contract settlement.

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

. The Contractor shall prepare and submit invoices to the designated billing (2) Contractor's invoice office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of this clause. If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt, with the reasons why it is not a proper invoice.

When computing any interest penalty owed the Contractor, the Government will take into account if the Government notifies the Contractor of an improper invoice in an untimely manner.

Name and address of the Contractor.(i)

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

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

Description of work or services performed.(iv)

Delivery and payment terms ( discount for prompt payment terms).(v) e.g., Name and address of Contractor official to whom payment is to be sent (must be the same as that (vi) in the contract or in a proper notice of assignment).

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

For payments described in paragraph (a)(1)(i) of this clause, substantiation of the amounts (viii) requested and certification in accordance with the requirements of the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts.

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

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

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

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

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

EFT.

Any other information or documentation required by the contract.(xi)

. The designated payment office will pay an interest penalty automatically, without (3) Interest penalty request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(3)(i) through (a)(3)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty.

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

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

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

. The Government will compute the interest penalty in accordance with (4) Computing penalty amount the Office of Management and Budget prompt payment regulations at .5 CFR Part 1315

For the sole purpose of computing an interest penalty that might be due the Contractor for (i) payments described in paragraph (a)(1)(ii) of this clause, Government acceptance or approval is deemed to occur constructively on the 7 thday after the Contractor has completed the work or services in accordance with the terms and conditions of the contract. If actual acceptance or approval occurs within the constructive acceptance or approval period, the Government will base the determination of an interest penalty on the actual date of acceptance or approval. Constructive acceptance or constructive approval requirements do not apply if there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. These requirements also do not compel Government officials to accept work or services, approve Contractor estimates, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

The prompt payment regulations at 5 CFR1315.10(c) do not require the Government to pay (ii) interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes, and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes.

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

Additional interest penalty.(6)

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

The Government owes an interest penalty of $1 or more;(A)

The designated payment office does not pay the interest penalty within 10 days after the date the (B) invoice amount is paid; and

The Contractor makes a written demand to the designated payment office for additional penalty (C) payment, in accordance with paragraph (a)(6)(ii) of this clause, postmarked not later than 40 days after the date the invoice amount is paid.

(ii)

The Contractor shall support written demands for additional penalty payments with the following (A) data. The Government will not request any additional data. The Contractor shall-

Specifically assert that late payment interest is due under a specific invoice, and request payment (1) of all overdue late payment interest penalty and such additional penalty as may be required;

Attach a copy of the invoice on which the unpaid late payment interest was due; and(2)

State that payment of the principal has been received, including the date of receipt.(3)

If there is no postmark or the postmark is illegible-(B)

The designated payment office that receives the demand will annotate it with the date of receipt (1) provided the demand is received on or before the 40 thday after payment was made; or

If the designated payment office fails to make the required annotation, the Government will (2) determine the demand's validity based on the date the Contractor has placed on the demand, provided such date is no later than the 40 thday after payment was made.

. If this contract provides for contract financing, the Government will (b) Contract financing payments make contract financing payments in accordance with the applicable contract financing clause.

. The Contractor shall include in each subcontract for property or (c) Subcontract clause requirements services (including a material supplier) for the purpose of performing this contract the following:

. A payment clause that obligates the Contractor to pay the (1) Prompt payment for subcontractors subcontractor for satisfactory performance under its subcontract not later than 7 days from receipt of payment out of such amounts as are paid to the Contractor under this contract.

. An interest penalty clause that obligates the Contractor to pay to the (2) Interest for subcontractors subcontractor an interest penalty for each payment not made in accordance with the payment clause-

For the period beginning on the day after the required payment date and ending on the date on (i) which payment of the amount due is made; and

Computed at the rate of interest established by the Secretary of the Treasury, and published in the (ii) , for interest payments under 41 U.S.C. 7109 in effect at the time the Contractor accrues Federal Register the obligation to pay an interest penalty.

. A clause requiring each subcontractor to-(3) Subcontractor clause flowdown

Include a payment clause and an interest penalty clause conforming to the standards set forth in (i) paragraphs (c)(1) and (c)(2) of this clause in each of its subcontracts; and

Require each of its subcontractors to include such clauses in their subcontracts with each lower-(ii) tier subcontractor or supplier.

. The clauses required by paragraph (c) of this clause shall not be (d) Subcontract clause interpretation construed to impair the right of the Contractor or a subcontractor at any tier to negotiate, and to include in their subcontract, provisions that-

. Permit the Contractor or a subcontractor to retain (without cause) a specified (1) Retainage permitted percentage of each progress payment otherwise due to a subcontractor for satisfactory performance under the subcontract without incurring any obligation to pay a late payment interest penalty, in accordance with terms and conditions agreed to by the parties to the subcontract, giving such recognition as the parties deem appropriate to the ability of a subcontractor to furnish a performance bond and a payment bond;

. Permit the Contractor or subcontractor to make a determination that part (2) Withholding permitted or all of the subcontractor's request for payment may be withheld in accordance with the subcontract agreement; and

. Permit such withholding without incurring any obligation to pay a late (3) Withholding requirements payment penalty if-

A notice conforming to the standards of paragraph (g) of this clause previously has been furnished (i) to the subcontractor; and

The Contractor furnishes to the Contracting Officer a copy of any notice issued by a Contractor (ii) pursuant to paragraph (d)(3)(i) of this clause.

. If a Contractor, after making a request for payment to the (e) Subcontractor withholding procedures Government but before making a payment to a subcontractor for the subcontractor's performance covered by the payment request, discovers that all or a portion of the payment otherwise due such subcontractor is subject to withholding from the subcontractor in accordance with the subcontract agreement, then the Contractor shall-

. Furnish to the subcontractor a notice conforming to the standards of (1) Subcontractor notice paragraph (g) of this clause as soon as practicable upon ascertaining the cause giving rise to a withholding, but prior to the due date for subcontractor payment;

. Furnish to the Contracting Officer, as soon as practicable, a copy of (2) Contracting Officer notice the notice furnished to the subcontractor pursuant to paragraph (e)(1) of this clause;

. Reduce the subcontractor's progress payment by an (3) Subcontractor progress payment reduction amount not to exceed the amount specified in the notice of withholding furnished under paragraph (e)(1) of this clause;

. Pay the subcontractor as soon as practicable after the (4) Subsequent subcontractor payment correction of the identified subcontract performance deficiency, and-

Make such payment within-(i)

Sevendays after correction of the identified subcontract performance deficiency (unless the funds (A) therefor must be recovered from the Government because of a reduction under paragraph (e)(5)(i)) of this clause; or

Sevendays after the Contractor recovers such funds from the Government; or(B)

Incur an obligation to pay a late payment interest penalty computed at the rate of interest (ii) established by the Secretary of the Treasury, and published in the , for interest payments Federal Register under 41 U.S.C. 7109 in effect at the time the Contractor accrues the obligation to pay an interest penalty;

. Notify the Contracting Officer upon-(5) Notice to Contracting Officer

Reduction of the amount of any subsequent certified application for payment; or(i)

Payment to the subcontractor of any withheld amounts of a progress payment, specifying-(ii)

The amounts withheld under paragraph (e)(1) of this clause; and(A)

The dates that such withholding began and ended; and(B)

. Be obligated to pay to the Government an amount equal to interest on the (6) Interest to Government withheld payments (computed in the manner provided in 31 U.S.C.3903(c)(1)), from the 8 thday after receipt of the withheld amounts from the Government until-

The day the identified subcontractor performance deficiency is corrected; or(i)

The date that any subsequent payment is reduced under paragraph (e)(5)(i) of this clause.(ii) Third-party deficiency reports-(f)

. If a Contractor, after making payment to a first-tier (1) Withholding from subcontractor subcontractor, receives from a supplier or subcontractor of the first-tier subcontractor (hereafter referred to as a "second-tier subcontractor") a written notice in accordance with 40 U.S.C. 3133, asserting a deficiency in such first-tier subcontractor's performance under the contract for which the Contractor may be ultimately liable, and the Contractor determines that all or a portion of future payments otherwise due such first-tier subcontractor is subject to withholding in accordance with the subcontract agreement, the Contractor may, without incurring an obligation to pay an interest penalty under paragraph (e)(6) of this clause-

Furnish to the first-tier subcontractor a notice conforming to the standards of paragraph (g) of this (i) clause as soon as practicable upon making such determination; and

Withhold from the first-tier subcontractor's next available progress payment or payments an (ii) amount not to exceed the amount specified in the notice of withholding furnished under paragraph (f)(1)

(i) of this clause.

. As soon as practicable, but not later than 7 days after (2) Subsequent payment or interest charge receipt of satisfactory written notification that the identified subcontract performance deficiency has been corrected, the Contractor shall-

Pay the amount withheld under paragraph (f)(1)(ii) of this clause to such first-tier subcontractor; or(i)

Incur an obligation to pay a late payment interest penalty to such first-tier subcontractor computed (ii) at the rate of interest established by the Secretary of the Treasury, and published in the , Federal Register for interest payments under 41 U.S.C. 7109 in effect at the time the Contractor accrues the obligation to pay an interest penalty.

. The Contractor shall issue a written notice of any (g) Written notice of subcontractor withholding withholding to a subcontractor (with a copy furnished to the Contracting Officer), specifying-

The amount to be withheld;(1)

The specific causes for the withholding under the terms of the subcontract; and(2)

The remedial actions to be taken by the subcontractor in order to receive payment of the amounts (3) withheld.

. The Contractor may not request payment from the (h) Subcontractor payment entitlement Government of any amount withheld or retained in accordance with paragraph (d) of this clause until such time as the Contractor has determined and certified to the Contracting Officer that the subcontractor is entitled to the payment of such amount.

. A dispute between the Contractor and subcontractor relating to the (i) Prime-subcontractor disputes amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to paragraph (c) of this clause does not constitute a dispute to which the Government is a party. The Government may not be interpleaded in any judicial or administrative proceeding involving such a dispute.

. Except as provided in paragraph (i) of this clause, this (j) Preservation of prime-subcontractor rights clause shall not limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or a subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or nonperformance by a subcontractor.

. The Contractor's obligation to pay an interest (k) Non-recourse for prime contractor interest penalty penalty to a subcontractor pursuant to the clauses included in a subcontract under paragraph (c) of this clause shall not be construed to be an obligation of the Government for such interest penalty. A cost-reimbursement claim may not include any amount for reimbursement of such interest penalty.

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

Remit the overpayment amount to the payment office cited in the contract along with a description (1) of the overpayment including the-

Circumstances of the overpayment ( , duplicate payment, erroneous payment, liquidation errors, (i) e.g.

date(s) of overpayment);

Affected contract number and delivery order number if applicable;(ii)

Affected line item or subline item, if applicable; and(iii)

Contractor point of contact.(iv)

Provide a copy of the remittance and supporting documentation to the Contracting Officer.(2)

(End of clause)

52.236-26 Preconstruction Conference. 1995-02

As prescribed in , insert the following clause:36.522

Preconstruction Conference (FEB 1995)

If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

(End of clause)

52.246-21 Warranty of Construction. 1994-03

As prescribed in , the contracting officer may insert a clause substantially as follows in 46.710(e)(1) solicitations and contracts when a fixed-price construction contract (see (c)) is contemplated, and 46.705 the use of a warranty clause has been approved under agency procedures:

Warranty of Construction (MAR 1994)

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

This warranty shall continue for a period of 1 year from the date of final acceptance of the work. (b) If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In (c) 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-

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

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

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

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

If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after (f) 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.

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

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

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

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

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

Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any (i) 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.

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

(End of clause)

52.217-5 Evaluation of Options. 1990-07

As prescribed in , insert a provision substantially the same as the following:17.208(c)

Evaluation of Options (July 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).

(End of provision)

252.204-7007 ALT A Alternate A, Annual Representations and Certifications. 2023-11

ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2023)

Substitute the following paragraphs (b), (d), and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (e) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) Paragraph (e) applies. X

(ii) Paragraph (e) does not apply and the Offeror has completed the individual ____ representations and certifications in the solicitation.

(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:

(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services- Representation. Applies to all solicitations.

(ii) 252.216-7008, Economic Price Adjustment-Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services-Representations. Applies to solicitations for the acquisition of commercial satellite services.

(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vi) 252.229-7012, Tax Exemptions (Italy)-Representation. Applies to solicitations and contracts when contract performance will be in Italy.

(vii) 252.229-7013, Tax Exemptions (Spain)-Representation. Applies to solicitations and contracts when contract performance will be in Spain.

(viii) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

(i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government. ____

(ii) 252.225-7000, Buy American-Balance of Payments Program Certificate. ____

(iii) 252.225-7020, Trade Agreements Certificate. ____

Use with Alternate I. ____

(iv) 252.225-7031, Secondary Arab Boycott of Israel. ____

(v) 252.225-7035, Buy American-Free Trade Agreements-Balance of Payments ____ Program Certificate.

Use with Alternate I. ____

Use with Alternate II. ____

Use with Alternate III. ____

Use with Alternate IV. ____

Use with Alternate V. ____

(vi) 252.226-7002, Representation for Demonstration Project for Contractors ____ Employing Persons with Disabilities.

(vii) 252.232-7015, Performance-Based Payments-Representation. ____

(e) The Offeror has completed the annual representations and certifications electronically via the SAM website at . After reviewing the SAM database information, the Offeror https://www.sam.gov verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [Offeror to insert changes, identifying change

. These amended representation(s) and/or certification(s) are also ]by provision number, title, date incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS Provision # Title Date Change

Any changes provided by the Offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

(End of provision)

252.215-7008 Only One Offer. 2022-12

As prescribed at 215.408(3), use the following provision:

ON…