Construction Terms and Conditions.pdf

Construction

Section C: Description/Specifications/Statement of Work

The contractor shall comply with the Statement of Work/Specifications.

Section D: Packaging and Marking

No clauses

Section E: Inspection and Acceptance

Section F: Deliveries or Performance

Clauses incorporated by reference:

FAR 52.211-10 Commencement, Prosecution, and Completion of Work. Alt I. (Apr1984)

The Contractor shall be required to (a) commence work under this contract within 30 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 45 days after award.* The time stated for completion shall include final cleanup of the premises.

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

FAR 52.242-14 Suspension of Work. (Apr 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1)by an act of the Contracting Officer in the administration of this contract, or (2)by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed-

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

Section G: Contract Administration Data

The invoicing instructions are included as an attachment to this contract.

Section H: Special Contract Requirements

Section I: Contract Clauses

Clauses incorporated by reference:

FAR 52.204-12 Unique Entity Identifier Maintenance. (Oct 2016) FAR 52.204-13 System for Award Management Maintenance. (Oct 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance. (Aug 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications. (Dec 2014) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (Nov 2015) FAR 52.213-4 Terms and Conditions - Simplified Acquisitions (Other Than Commercial Products and Commercial Services). (Feb 2024) FAR 52.219-6 Notice of Total Small Business Set-Aside. (Nov 2020) FAR 52.222-6 Construction Wage Rate Requirements. (Aug 2018) FAR 52.222-7 Withholding of Funds. (May 2014) FAR 52.222-8 Payrolls and Basic Records. (Jul 2021) FAR 52.222-9 Apprentices and Trainees. (Jul 2005) FAR 52.222-10 Compliance with Copeland Act Requirements. (Feb 1988) FAR 52.222-11 Subcontracts (Labor Standards). (May 2014) FAR 52.222-12 Contract Termination-Debarment. (May 2014) FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. (May 2014) FAR 52.222-14 Disputes Concerning Labor Standards. (Feb 1988) FAR 52.222-15 Certification of Eligibility. (May 2014) FAR 52.222-27 Affirmative Action Compliance Requirements for Construction. (Apr 2015) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving.

(Jun 2020) FAR 52.225-9 Buy American-Construction Materials. (Oct 2022) FAR 52.227-4 Patent Indemnity-Construction Contracts. (Dec 2007) FAR 52.232-5 Payments under Fixed-Price Construction Contracts. (May 2014) FAR 52.232-23 Assignment of Claims. (May 2014) FAR 52.232-27 Prompt Payment for Construction Contracts. (Jan 2017) FAR 52.236-4 Physical Data. (Apr 1984) FAR 52.236-5 Material and Workmanship. (Apr 1984) FAR 52.236-7 Permits and Responsibilities. (Nov 1991) FAR 52.236-14 Availability and Use of Utility Services. (Apr 1984) FAR 52.236-17 Layout of Work. (Apr 1984) FAR 52.236-26 Preconstruction Conference. (Feb 1995) FAR 52.243-5 Changes and Changed Conditions. (Apr 1984) FAR 52.249-10 Default (Fixed-Price Construction). (Apr 1984) HSAR 3052.223-90 Accident and fire reporting (USCG) (Dec 2003) HSAR 3052.242-72 Contracting Officer’s Representative (Dec 2003)

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far/

A. The following FAR Clause(s) are applicable to All Contracts.

52.204-7 SYSTEMS FOR AWARD MANAGEMENT (OCT 2018)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-13 SYSTEMS FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL and GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (OCT 2022)

52.222-3 CONVICT LABOR (JUN 2003)

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

52.222-8 PAYROLLS AND BASIC RECORDS (JUL 2021)

52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

52.222-12 CONTRACT TERMINATION-DEBARMENT (MAY 2014)

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS & RELATED

REGULATIONS (MAY 2014)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

52.222-21 PROHIBITION OF SEGRATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (SEP 2016)

52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

52.222-55 MINIMUM WAGE FOR CONTRACTOR WORKERS UNDER EXECUTIVE

ORDER 14026 (JAN 2022)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

52.223-3 HAZADARDOUS MATERIAL IDENTIFICATION & MATERIAL SAFETY DATA (FEB

2021)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

52.223-12 MAINTENANCE, SERVICE, REPAIR OR DISPOSAL OF REFRIGERATION

EQUIPMENT &

AIR CONDITIONERS (JUN 2016)

52.223-15 ENERGY EFFICIENCY IN ENERGY CONSUMING PRODUCTS (MAY 2020)

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA DESIGNATED ITEMS IN SERVICE &

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)

52.226-4 NOTICE OF DISASTEROR EMERGENCY AREA SET ASIDE (NOV 2007)

52.226-5 RESTRICTIONS ON SUBCONTRACTING OUTSIDE DISASTER OR EMERGENCY

AREA (NOV 2007)

52.228-1 BID GUARANTEE (SEP 1996)

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.228-11 INDIVIDUAL SURETY PLEDGES OF ASSETS (FEB 2021)

52.229-1 STATE and LOCAL TAXES (APR 1984)

52.229-3 FEDERAL, STATE AND LOCAL TAXES (FEB 2013)

52.229-4 FEDERAL, STATE AND LOCAL TAXES (STATE AND LOCAL ADJUSTMENTS) (FEB

2013)

52.232-5 PAYMENTS UNDER FIXED-PRICED CONSTRUCTION CONTRACTS (MAY 2014)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

52.232-36 PAYMENT BY THIRD PARTY (MAY 2014)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (NOV 2021)

52.233-1 DISPUTES (MAY 2014)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (OCT 2022)

B. The following FAR Clause(s) are applicable to contracts $10,000 and over.

52.222-23 NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR

2015)

C. The following FAR Clause(s) are applicable to contracts $15,000 and over.

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

D. The following FAR Clause(s) are applicable to contracts $25,000 and over.

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (JUN 2020)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far/. The following provisions and clauses are incorporated by reference:

Provisions and Clauses:

52.203-5 Covenant Against Contingent Fees. May 2014 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-17 Contractor Employee Whistleblower Rights. Nov 2023 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities. Dec 2023 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. Nov 2021 52.204-26 Covered Telecommunications Equipment or Services-Representation. Oct 2020 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures. Dec 2023 52.211-10 Commencement, Prosecution, and Completion of Work. Apr 1984 52.211-10_Alternate I Apr 1984 52.216-25 Contract Definitization. Oct 2010 52.216-25_Alternate I Apr 1984 52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-50_Alternate I Mar 2015 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. Jun 2020 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. MAY 2024 52.232-5 Payments under Fixed-Price Construction Contracts. May 2014 52.232-27 Prompt Payment for Construction Contracts. Jan 2017 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-3 Protest after Award. Aug 1996 52.233-3_Alternate I June 1985 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.236-5 Material and Workmanship. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.236-28 Preparation of Proposals-Construction. Oct 1997 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act- Covered Foreign Entities. Nov 2024 52.244-6 Subcontracts for Commercial Products and Commercial Services. Nov 2024 52.232-18 Availability of Funds. Apr 1984

INVOICE INSTRUCTIONS

In conjunction with the subject award, proper invoices will be submitted through the Invoice Processing Platform (IPP) at https://www.ipp.gov/. IPP is a secure web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis (FRSTL). IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency.

Actions to take:

If you are already enrolled in IPP:

If your company is already registered to use IPP, you will not be required to re-register and you do not need to contact IPP.

If you are NOT already enrolled in IPP:

The point of contact you provided in your SAM.gov registration will receive two emails from ipp.noreply@mail.eroc.twai.gov. Please note that emails from this email address may filter into your spam or junk folder:

1. The first email will have the IPP Logon ID and a link to the IPP application.

2. A second email, which will be sent within 24 hours of the first email, contains a temporary password.

Once your contact receives these emails, please ensure they log into IPP and complete the registration process.

Once registered to use IPP, your company may submit invoices electronically, receive e-mail notifications when requests are paid, view payment history, and access remittance downloads.

The e-mail notification of payment is sent when a payment is distributed to your bank account and may include the following payment information: Date of payment, dollar amount, invoice number, paying agency, payee name, and ACH trace number.

Vendor training materials, including a first-time login tutorial, are available on the https://www.ipp.gov/ website. Once you have logged in to the IPP application, you will have access to user guides that provide step-by-step instructions for all IPP capabilities, ranging from creating and submitting an invoice to setting up email notifications. Live webinars are held monthly and provide a great opportunity to learn the basic of the system and to call in and ask the IPP team questions about the IPP application.

IPP Customer Support is available to assist users of the system and can answer your questions related to accessing IPP or completing the registration process.

Toll-free number: 866-973-3131 Email address: IPPCustomerSupport@fiscal.treasury.gov Hours of operation: Monday through Friday (excluding bank holidays) from 8:00 am - 6:00 pm ET