Appendix A2 - Updates to Fixed Price Construction Terms and Conditions - Supplement.pdf

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Appendix A2

Updates to Appendix B – Ames Laboratory Terms and Conditions (For Fixed-Price

Construction Contracts, January 2020)

The following clauses are hereby incorporated as part this agreement SC-21-539 and serve as updates to these clauses in Appendix B - Ames Laboratory Terms and Conditions (For Fixed- Price Construction Contracts, dated January 2020

UPDATE FAR 52.203-6 Restrictions on Subcontractor Sales to the Government

(JUN 2020)

UPDATE FAR 52.203-7 Anti-Kickback Procedures (JUN 2020) UPDATE FAR 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions (JUN 2020) UPDATE FAR 52.203-17 Contractor Employee Whistleblower Rights and

Requirement to Inform Employees of Whistleblower Rights (JUN 2020) UPDATE FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020) UPDATE FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) UPDATE FAR 52.215-12 Subcontractor Certified Cost Or Pricing Data (JUN 2020) UPDATE FAR 52.215-13 Subcontractor Certified Cost Or Pricing Data--Modifications

(JUN 2020)

UPDATE FAR 52.219-9 Small Business Subcontracting Plan (JUN 2019) UPDATE FAR 52.222-35 Equal Opportunity for Veterans (JUN 2020) UPDATE FAR 52.222-36 Equal Employment For Workers With Disabilities (JUN

2020) UPDATE FAR 52.222-37 Employment Reports ON Veterans (JUN 2020) UPDATE 52.222-50 Combating Trafficking in Persons (OCT 2020) UPDATE 52.222-55 Minimum Wages Under Executive Order 13658 (NOV 2020) UPDATE FAR 52.223-15 Energy Efficiency in Energy-Consuming Products (MAY

UPDATE FAR 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving (JUN 2020) UPDATE 52.230-2 Cost Accounting Standards (JUN 2020) paragraphs a, c, d UPDATE 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors (DEC 2013)[{DEVIATION APR 2020}] UPDATE 52.244-6 Subcontracts for Commercial Items (NOV 2020) UPDATE 970.5204-2 Laws, Regulations, and DOE Directives (DEC

2000)(DEVIATION MAY2018) [SC-ALTERNATE SEP 2018]

UPDATE BONDS AND INSURANCE (based on DEAR 970.5244-1 AUG 2016 and

FAR 52.228-15 OCT JUN 2020)

ADD FAR 52.222.23 Notice of Requirement for Affirmative Action to Ensure Equal

Opportunity for Construction.

As prescribed in 22.810(b), insert the following provision:

https://www.acquisition.gov/far/part-22#FAR_22_810

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NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror’s attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for EachTrade

6.9% participation goal for women.

2.4% participation goal for minorities.

These goals are applicable to all the Contractor’s construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor’s compliance with Executive Order11246, as amended, and the regulations in 41 CFR 60- 4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and

(3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, Executive Order11246, as amended, and the regulations in 41 CFR 60-4.

Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the-

(1) Name, address, and telephone number of the subcontractor;

(2) Employer’s identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Iowa, Story County, Ames

(End of provision)