C10_Contract_W912EE21C0010.pdf

SOLICITATION, OFFER, 1. SOLICITATION NO. 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE

AND AWARD � SEALED BID (IFB) 9 Jul 2021 (Construction, Alteration, or Repair) W912EE21 B0017 □ NEGOTIATEQ'RFP) 1

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

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

W807PM11336887

?. ISSUED BY CODE I W912EE 8. ADDRESS OFFER TO (If Other Than Item 7) CODE I

VICKSBURG CONTRACTING OFFICE SEE SPECIAL NOTICES TO BIDDERS

4155 CLAY ST

VICKSBURG MS 39183-3435

TEL: FAX: (601) 631-7261 TEL: FAX:

9. FOR INFORMATION A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

CALL:

SHELIA R BRADLEY (601) 631-7243

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 no., date):

WASHINGTON COUNTY, MISSISSIPPI

LEVEE ENLARGEMENT

FC/MR& T, WBMRL

ITEM 526-L

DESCRIPTION OF WORK: The work consists of furnishing all plant, labor, materials and equipment, and constructing Item 526-L, Levee Enlargement, in Washington County, Mississippi. Principal features of the work include mobilization and demobilization, clearing and grubbing, semicompacted Mississippi River Levee (MRL) embankment, ramps, development and reclamation of a designated borrow source, removing and replacing existing gravel surfacing, crushed stone surfacing, turfing, erosion control matting, storm water pollution prevention and environmental protection.

The estimated value of the proposed work is between $1,000,000 and $5,000,000.

11. The Contractor shall begin performance within lQ calendar days and complete it within .iQ.Q. calendar days after receiving

Oaward, X Notice to proceed. This performance period is X mandatory, D negotiable. ( 00.80.00.00.09 .)

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? 12B. CALENDAR DAYS (If "YES," indicate within how many calendar days after award in Item 128.) 10

�YES □ NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and _1_ copies to perform the work required are d_ue at the place specified in Item 8 by 2:00PM. (hour) local time to Aug 2021 (date). If this is a sealed bid solicitation, offers must 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, D is not required.

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

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

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

Prescribed by

GSA

FAR (48 CFR) 53.236-1(e)

W912EE21C0010

SOLICITATION, OFFER, AND AWARD (Continued) Page2 (Construction, Alteration, or Repair)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code) Onshore Materials, LLC / 127 Lincoln Lane/ Thibodaux, LA 70301 985-449-0391

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

See Item 14

CODE I FACILITY CODE

LJPE3

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 _60_ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirements stated in Item 130. Failure to insert any number means the offeror accepts the minimum in Item 130.)

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO. 1

DATE 8-6-2021

20A NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print) Joshua L. Arabie, Member I Manager

A

I /I � / j

2087���� I ��,,-

20C. OFFER DATE

8-10-2021

AWARD (To be._,complet;fi 6y Government)

21. ITEMS ACCEPTED:

I I

SEE SCHEDULE

I

22. AMOUNT 3. ACCOUNTING AND APF ROPRIATION DAT A

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

26. ADMINISTERED BY CODE I

VICKSBURG CONTRACTING OFFICE

4155 CLAY STREET

VICKSBURG, MS 39183-3435

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

27. PAYMENT WILL BE MADE BY: CODE I 964145

US ARMY CORPS OF ENGRS FINANCE CENTER

5722 INTEGRITY DRIVE

MILLINGTON TN 38054-5005

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

D28. 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, requisitions 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 or incorporated by refer-ence in or attached to this contract.

30A NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

30B. SIGNATURE 30C. DATE

NSN 7540-01-155-3212

□ 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 con-summates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

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

TEL: EMAIL:

31B. UNITED STATES OF AMERICA

I

31C. AWARD DATE

BY

STANDARD FORM 1442 BACK (REV 4-85)

R. Ellis Screws

(601) 631-7527 ellis.screws@usace.army.mil

31 Aug 2021

$4,808,025.00

Section 00010 - Solicitation Contract Form

BID SCHEDULE

WAYSIDE, MISSISSIPPI

LEVEE ENLARGEMENT, ITEM 526-L

FC/MR&T, WEST BANK MISSISSIPPI RIVER LEVEES

WASHINGTON COUNTY, MS

ITEM DESCRIPTION

EST

QTY U/M UNIT PRICE AMOUNT

MOBILIZATION AND

DEMOBILIZATION 1 JOB FOR $ 318,000.00

CLEARING AND

GRUBBING 1 JOB FOR $ 235,000.00

REMOVAL, SALVAGE,

AND REPLACEMENT OF

EXITING GRAVEL

SURFACES 1 JOB FOR $ 67,000.00

0004 CATTLE GUARDS 1 JOB FOR $ 48,000.00

LEVEE EMBANKMENT,

SEMICOMPACTED 197,000 CY $18.05 $3,555,850.00

LEVEE SURFACING,

CRUSHED STONE 2685 TONS $55.00 $ 147,675,00

MOWING, TURFING, AND

EROSION CONTROL

MATTING 1 JOB FOR $ 122,500.00

ENVIRONMENTAL

PROTECTION

FEATURES 1 JOB FOR $ 190,000.00

0009 RAMPS 1 JOB FOR $ 85,000.00

0010 TRAFFIC CONTRAOL 1 JOB FOR $ 39,000.00

TOTAL $4,808,025.00

NOTES:

(A) SOLICITATION NO. W912EE21B0017

PROJECT TITLE: WASHINGTON COUNTY, MISSISSIPPI, LEVEE ENLARGEMENT, FC/MR&T,

WBMRL, ITEM 526-L

TYPE OF CONTRACT: FIRM-FIXED PRICE CONSTRUCTION

DISCLOSURE OF THE MAGNITUDE OF THE PROPOSED CONSTRUCTION PROJECT: BETWEEN

$1,000,000.00 AND $5,000,000.00

NAICS CODE: 237990 – OTHER HEAVY AND CIVIL ENGINEERING CONSTRUCTION

SIZE STANDARD: $39,500,000.00

THIS PROCUREMENT IS A TOTAL SMALL BUSINESS SET-ASIDE.

(B) ALL TECHNICAL INQUIRIES AND QUESTIONS RELATING TO THIS SOLICITATION ARE TO BE

SUBMITTED VIA BIDDER INQUIRY IN PROJECT AT HTTP://WWW.PROJNET.ORG/PROJECT. SEE

PAGE ENTITLED “TECHNICAL INQUIRIES AND QUESTIONS”.

(C) BIDDERS SHALL FURNISH UNIT PRICES FOR ALL ITEMS LISTED ON THE SCHEDULE OF BID ITEMS WHICH REQUIRE UNIT PRICES. IF THE BIDDER FAILS TO INSERT A UNIT PRICE IN THE

APPROPRIATE BLANK FOR REQUIRED ITEMS, BUT DOES FURNISH AN EXTENDED TOTAL OR AN

ESTIMATED AMOUNT FOR SUCH ITEMS, THE GOVERNMENT WILL DEEM HIS UNIT PRICE TO BE

THE QUOTIENT OBTAINED BY DIVIDING THE EXTENDED ESTIMATED AMOUNT FOR THAT LINE

ITEM BY THE QUANTITY. IF THE BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED

ESTIMATED AMOUNT FOR ANY ITEM, HIS BID WILL BE DECLARED NONRESPONSIVE.

(D) ALL QUANTITIES SHOWN ON THE BIDDING SCHEDULE ARE ESTIMATED QUANTITIES

EXCEPT WHEN THE UNIT OF MEASURE IS SHOWN AS "LUMP SUM", "JOB" OR "EACH".

(E) IF A BID OR MODIFICATION TO A BID BASED ON UNIT PRICE IS SUBMITTED WHICH

PROVIDES FOR A LUMP SUM ADJUSTMENT TO THE TOTAL ESTIMATED COST, THE

APPLICATION OF THE LUMP SUM ADJUSTMENT TO THE UNIT PRICE IN THE SCHEDULE MUST

BE STATED. IF IT IS NOT STATED, THE BIDDER AGREES THAT THE LUMP SUM ADJUSTMENT

SHALL BE APPLIED ON A PRO RATA BASIS TO THE UNIT PRICE IN THE BID SCHEDULE.

(F) ALL EXTENSIONS OF THE UNIT PRICE SHOWN WILL BE SUBJECT TO VERIFICATION BY THE

GOVERNMENT. IN CASE OF VARIATION BETWEEN THE UNIT PRICE AND THE EXTENSION, THE

UNIT PRICE WILL BE CONSIDERED TO BE THE BID.

(G) AWARD WILL BE MADE AS A WHOLE TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER

AS MAY BE IN THE BEST INTEREST OF THE GOVERNMENT.

(H) LACK OF REGISTRATION IN THE SAM DATABASE WILL MAKE AN OFFEROR INELIGIBLE FOR

AWARD. SEE CONTRACT CLAUSE 52.204-7 ENTITLED, "SYSTEM FOR AWARD MANAGEMENT".

(I) THE SF1442, BIDDING SCHEDULE, AND SECTION 00600 (REPRESENTATIONS AND

CERTIFICATIONS) MUST BE ACCURATELY COMPLETED AND RETURNED WITH YOUR BID OR IT

MAY BE REJECTED AS NONRESPONSIVE. AN OFFEROR MAY ALSO SUBMIT, IN LIEU OF THE

COMPLETED SECTION 00600, A COMPLETE HARD COPY OF THEIR ONLINE REPRESENTATIONS

AND CERTIFICATIONS APPLICATIONS (ORCA) REGISTRATION. SEE FAR CLAUSES 52.204-7 AND

52.204-8 FOR REQUIREMENT INFORMATION. THE WEBSITE FOR ORCA IS WWW.SAM.GOV.

(J) THE NOTICE TO PROCEED (NTP): THE SUCCESSFUL BIDDER IS ADVISED THAT

PERFORMANCE AND PAYMENT BONDS SHALL BE SUBMITTED IN ACCORDANCE WITH THE TIME

FRAME IN BLOCK 12B OF SF1442. THE NTP WILL BE ISSUED IMMEDIATELY AFTER

VERIFICATION OF ACCEPTABLE PERFORMANCE AND PAYMENT BONDS. WITHIN TEN (10)

CALENDAR DAYS AFTER ISSUANCE OF THE NTP, THE CONTRACTOR SHALL INITIATE A

MEETING TO DISCUSS THE SUBMITTAL PROCESS WITH THE AREA OR RESIDENT ENGINEER OR

HIS AUTHORIZED REPRESENTATIVE. PHYSICAL WORK CANNOT START UNTIL THE ACCIDENT

PREVENTION PLAN, CONTRACTOR QUALITY CONTROL PLAN, AND OTHER SUBMITTALS WHICH

MAY BE REQUIRED, HAVE BEEN SUBMITTED AND APPROVED AND ALL PRELIMINARY

MEETINGS CALLED FOR UNDER THE CONTRACT, HAVE BEEN CONDUCTED.

(K) ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN ACCORDANCE WITH

THE PROVISIONS OF EM 385-1-1 "CORPS OF ENGINEERS SAFETY AND HEALTH

REQUIREMENTS MANUAL", DATED NOVEMBER 2014.

(L) THE GOVERNMENT RESERVES THE RIGHT, AS THE INTERESTS OF THE GOVERNMENT MAY

REQUIRE, TO POSTPONE OR DELAY THE DATE AND/OR TIME SET FOR OPENING BIDS.

REVISIONS OR AMENDMENTS TO THE BID OPENING DATE AND/OR TIME, IF ANY, WILL BE

ANNOUNCED BY AMENDMENT OR AMENDMENTS TO THIS INVITATION FOR BIDS.

Section 00700 - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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

52.204-4 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

52.209-6 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

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -

Modifications - Sealed Bidding

JUN 2020

52.214-28 Subcontractor Certified Cost Or Pricing Data--Modifications-

-Sealed Bidding

JUN 2020

52.216-21 Requirements OCT 1995

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020

52.219-8 Utilization of Small Business Concerns OCT 2018

52.219-9 Alt I Small Business Subcontracting Plan (JUN 2020) Alternate I NOV 2016

52.219-14 Limitations On Subcontracting MAR 2020

52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-35 Equal Opportunity for Veterans JUN 2020

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020

52.222-37 Employment Reports on Veterans JUN 2020

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons OCT 2020

52.222-55 Minimum Wages Under Executive Order 13658 NOV 2020

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

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021

52.223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items

MAY 2008

52.223-10 Waste Reduction Program MAY 2011

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.226-1 Utilization Of Indian Organizations And Indian-Owned

Economic Enterprises

JUN 2000

52.227-1 Authorization and Consent JUN 2020

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.227-4 Patent Indemnity-Construction Contracts DEC 2007

52.228-2 Additional Bond Security OCT 1997

52.228-11 Individual Surety--Pledge of Assets FEB 2021

52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014

52.228-15 Performance and Payment Bonds--Construction JUN 2020

52.229-3 Federal, State And Local Taxes FEB 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.242-13 Bankruptcy JUL 1995

52.244-6 Subcontracts for Commercial Items NOV 2020

52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

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

252.203-7003 Agency Office of the Inspector General AUG 2019

252.204-7002 Payment For Contract Line or Subline Items Not Separately

Priced

APR 2020

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.204-7006 Billing Instructions OCT 2005

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020

252.204-7021 Contractor Compliance with the Cybersecurity Maturity

Model Certification Level Requirement

NOV 2020

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

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019

252.219-7011 Notification to Delay Performance JUN 1998

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7012 Preference For Certain Domestic Commodities DEC 2017

252.225-7048 Export-Controlled Items JUN 2013

252.232-7004 DOD Progress Payment Rates OCT 2014

252.232-7010 Levies on Contract Payments DEC 2006

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.236-7002 Obstruction of Navigable Waterways DEC 1991

252.244-7000 Subcontracts for Commercial Items JAN 2021

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

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

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

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

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

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

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

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

Covered entity means--

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

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

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

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

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

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

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

(c) Reporting requirement.

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

Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

https://dibnet.dod.mil/

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

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

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

(End of clause)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology

Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the

Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International

Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export

Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such

Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR

4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the

Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and

Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,051.00 for each calendar day of delay until the work is completed or accepted.

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

52.211-13 TIME EXTENSIONS (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

52.214-26 AUDIT AND RECORDS--SEALED BIDDING (JUN 2020)

(a) As used in this clause, records includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Certified cost or pricing data. If the Contractor has been required to submit certified cost or pricing data in connection with the pricing of any modification to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the certified cost or pricing data, shall have the right to examine and audit all of the Contractor's records, including computations and projections, related to--

(1) The proposal for the modification;

(2) The discussions conducted on the proposal(s), including those related to negotiating;

(3) Pricing of the modification; or

(4) Performance of the modification.

(c) Comptroller General. In the case of pricing any modification, the Comptroller General of the United States, or an authorized representative, shall have the same rights as specified in paragraph (b) of this clause and also the right to interview any current employee regarding such transactions.

(d) Availability. The Contractor shall make available at its office at all reasonable times the materials described in reproduction, until 3 years after final payment under this contract, or for any other period specified in Subpart 4.7 of the Federal Acquisition Regulation (FAR). FAR Subpart 4.7, Contractor Records Retention, in effect on the data of this contract, is incorporated by reference in its entirety and made a part of this contract.

(1) If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

(2) Records pertaining to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to the performance of this contract shall be made available until disposition of such appeals, litigation, or claims.

(e) Subcontracts. The Contractor shall insert a clause containing all the provisions of this clause, including this paragraph (e), in all subcontracts expected to exceed the threshold for submission of certified cost or pricing data in

FAR 15.403-4(a)(1) on the date of subcontract award.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020)

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13

CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

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

CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and

Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the

Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in

SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it X is, [ ] is not a small business concern under NAICS Code 237990 assigned to contract number W912EE21B0001.

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the

Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture.

[The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the

WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the

Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph

(h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.]

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the

Contracting Officer.

52.222-3 CONVICT LABOR (JUN 2003)

(a) Except as provided in paragraph (b) of this clause, the Contractor shall not employ in the performance of this contract any person undergoing a sentence of imprisonment imposed by any court of a State, the District of

Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands.

(b) The Contractor is not prohibited from employing persons--

(1) On parole or probation to work at paid employment during the term of their sentence;

(2) Who have been pardoned or who have served their terms; or

(3) Confined for violation of the laws of any of the States, the District of Columbia, Puerto Rico, the Northern

Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands who are authorized to work at paid employment in the community under the laws of such jurisdiction, if--

(i) The worker is paid or is in an approved work training program on a voluntary basis;

(ii) Representatives of local union central bodies or similar labor union organizations have been consulted;

(iii) Such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services;

(iv) The rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed; and

(v) The Attorney General of the United States has certified that the work-release laws or regulations of the jurisdiction involved are in conformity with the requirements of Executive Order 11755, as amended by Executive

Orders 12608 and 12943.

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS - OVERTIME COMPENSATION

(MAY 2018)

(a) Overtime requirements. No Contractor or subcontractor employing laborers or mechanics (see Federal

Acquisition Regulation 22.300) shall require or permit them to work over 40 hours in any workweek unless they are paid at least 1 and 1/2 times the basic rate of pay for each hour worked over 40 hours.

(b) Violation; liability for unpaid wages; liquidated damages. The responsible Contractor and subcontractor are liable for unpaid wages if they violate the terms in paragraph (a) of this clause. In addition, the Contractor and subcontractor are liable for liquidated damages payable to the Government. The Contracting Officer will assess liquidated damages at the rate specified at 29 CFR 5.5(b)(2) per affected employee for each calendar day on which the employer required or permitted the employee to work in excess of the standard workweek of 40 hours without paying overtime wages required by the Contract Work Hours and Safety Standards statute (found at 40 U.S.C. chapter 37). In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 Note), the Department of Labor adjusts this civil monetary penalty for inflation no later than January 15 each year.

(c) Withholding for unpaid wages and liquidated damages. The Contracting Officer will withhold from payments due under the contract sufficient funds required to satisfy any Contractor or subcontractor liabilities for unpaid wages and liquidated damages. If amounts withheld under the contract are insufficient to satisfy Contractor or subcontractor liabilities, the Contracting Officer will withhold payments from other Federal or Federally assisted contracts held by the same Contractor that are subject to the Contract Work Hours and Safety Standards statute.

(d) Payrolls and basic records.

(1) The Contractor and its subcontractors shall maintain payrolls and basic payroll records for all laborers and mechanics working on the contract during the contract and shall make them available to the Government until 3 years after contract completion. The records shall contain the name and address of each employee, social security number, labor classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records need not duplicate those required for construction work by Department of

Labor regulations at 29 CFR 5.5(a)(3) implementing the Construction Wage Rate Requirements statute.

(2) The Contractor and its subcontractors shall allow authorized representatives of the Contracting Officer or the

Department of Labor to inspect, copy, or transcribe records maintained under paragraph (d)(1) of this clause. The

Contractor or subcontractor also shall allow authorized representatives of the Contracting Officer or Department of

Labor to interview employees in the workplace during working hours.

(e) Subcontracts. The Contractor shall insert the provisions set forth in paragraphs (a) through (d) of this clause in subcontracts that may require or involve the employment of laborers and mechanics and require subcontractors to include these provisions in any such lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraphs (a) through (d) of this clause.

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

(a) Definition.—“Site of the work”—

(1) Means—

(i) The primary site of the work. The physical place or places where the construction called for in the contract will remain when work on it is completed; and

(ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is constructed, provided that such site is—

(A) Located in the United States; and

(B) Established specifically for the performance of the contract or project;

(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided—

(i) They are dedicated exclusively, or nearly so, to performance of the contract or project; and

(ii) They are adjacent or virtually adjacent to the “primary site of the work” as defined in paragraph (a)(1)(i), or the

“secondary site of the work” as defined in paragraph (a)(1)(ii) of this definition;

(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a

Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular Federal contract or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the “site of the work.” Such permanent, previously established facilities are not a part of the “site of the work” even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a contract.

(b)(1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part

3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the contract was performed at that site and shall be incorporated without any adjustment in contract price or estimated cost.