Construction Terms and Conditions Under.docx

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

The period of performance for this requirement is __30__ Calendar Days from date of award.

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 __5_______ [Contracting Officer insert number] 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 ________30______.* 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.

Alternate I (Apr 1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by _______________ [Contracting Officer insert date]. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

FAR 52.211-12 Liquidated Damages-Construction. (Needs Fill-in) (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 ____________ [Contracting Officer insert amount] 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.

FAR 52.211-13 Time Extensions. (Sep 2000) [associated with above one]

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.

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 52.236-2 Differing Site Conditions (APR 1984) FAR 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 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 52.236-8 Other Contracts (Apr 1984) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) FAR 52.236-10 Operations and Storage Areas (Apr 1984) FAR 52.236-12 Cleaning Up (Apr 1984) 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.

52.204-13 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)

REGULATIONS (MAY 2014)

ORDER 14026 (JAN 2022)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

AIR CONDITIONERS (JUN 2016)

CONSTRUCTION CONTRACTS (AUG 2018)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (JUN 2020)

AREA (NOV 2007)

52.229-1 STATE and LOCAL TAXES (APR 1984)

52.229-2 NORTH CAROLINA STATE AND LOCAL SALES AND USE TAX (APR 1984)

MANAGEMENT (OCT 2018)

SUBCONTRACTORS (NOV 2021)

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 3.404 52.203-17 Contractor Employee Whistleblower Rights. Nov 2023 3.906 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 4.1202(b) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities. Dec 2023 4.2004 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. Nov 2021 4.2105(a) P R 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. Nov 2021 4.2105(b) C R 52.204-26 Covered Telecommunications Equipment or Services-Representation. Oct 2020 4.2105(c) 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures. Dec 2023 4.2306(b) 52.211-10 Commencement, Prosecution, and Completion of Work. Apr 1984 11.404(b) 52.211-10_Alternate I Apr 1984 11.404(b) 52.216-25 Contract Defeminization. Oct 2010 16.603-4(b)(3) 52.216-25_Alternate I Apr 1984 16.603-4(b)(3) 52.222-50 Combating Trafficking in Persons. Oct 2025 22.1705(a)(1) 52.222-50_Alternate I Mar 2015 22.1705 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. Jun 2020 25.1103(e) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. MAY 2024 26.605 52.232-5 Payments under Fixed-Price Construction Contracts. May 2014 32.111(a)(5) 52.232-27 Prompt Payment for Construction Contracts. Jan 2017 32.908(b) 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 32.706-3 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 32.009-2 52.233-3 Protest after Award. Aug 1996 33.106(b) 52.233-3_Alternate I June 1985 33.106 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 33.215(b) 52.236-5 Material and Workmanship. Apr 1984 36.505 52.236-7 Permits and Responsibilities. Nov 1991 36.507 52.236-28 Preparation of Proposals-Construction. Oct 1997 36.520 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities. Nov 2024 40.202-8 52.244-6 Subcontracts for Commercial Products and Commercial Services. Oct 2025 44.403

For construction contracts awarded on a fixed-price basis, specific FAR and Homeland Security Acquisition Regulation (HSAR) clauses are required. Below is a list of commonly applicable clauses for fixed-price construction contracts that include both FAR and HSAR clauses:

FAR Clauses for Fixed-Price Construction Contracts

HSAR Clauses for Fixed-Price Construction Contracts The Homeland Security Acquisition Regulation (HSAR) supplements the FAR and includes clauses specific to DHS contracts. Below are commonly applicable HSAR clauses for construction contracts:

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