Executed N4008022P9502 REPLACE HVAC UNITS BLDG. 27241.pdf

6 . ISSUE D BY CODE

N4008022P9502

1 . CO N TRA CT/P U RCH . O RD E R/

A G RE E M E N T N O .

N 40080

2 . D E L IVE RY O RD E R/ CA L L N O .

56P AGE 1 OF

5. P RIO RITY

DO-C2

CODE

8 . DEL IVE RY FOB

DEST INAT IONX

OT HER

(See Sch edule if o t h er)

OR D ER FOR SUPPLIES OR SER VICES

3 . D A TE O F O RD E R/CA L L

2021 Nov 30

4 . RE Q ./ P U RCH . RE Q U E ST N O .

AC QR 5870364

SEE IT EM 6

PU BLIC W OR KS D EPAR TMEN T

F EAD

P.O. BOX 1855

BLD G. 2004 BAR N ETT AVE.

QU AN TIC O VA 22134

7 . ADM INIST ERED BY ( if o th er th an 6 )

( YYYYM M M D D )

1 0 . D E L IVE R TO FO B P O IN T BY (D ate)

( YYYYM M M D D )

MIG GOV, LLC

545 S BIR D N EC K R D STE 202H

VIR GIN IA BEAC H VA 23451-5891

CODE 6WSQ79 . CONT RACT OR FACILIT Y

SEE SCHEDULE

1 2 . D ISCO U N T TE RM S

M A RK IF BU SIN E SS IS1 1 .

X

SM A L L

SM A L L

D ISA D VA N TA G E D

W O M E N -O W N E D

1 3 . M AIL INVOICE S T O T HE ADDRESS IN BL OCK

WA WF

2 5 . T OT AL $242,762.00

R OIC C

D EID R E PAR KER

BLD G. 2004 BAR N ETT AVE

P.O. BOX 1855

QU AN TIC O VA 22134-0855

1 7 . ACCOUNT ING AND AP P ROP RIAT ION DAT A/ L OCAL USE

CODE

1 8 . IT E M NO. 19 . SCHEDUL E OF SUP P L IE S/ SE RVICES

* If q u a n t i t y a ccep t ed by th e G o ver n m en t i s s a m e as q u an t i t y a ccep ted b elo w q u a n t i ty o rd ered a n d en cir cle.

DEL IVE RY/1 6 .

1 4 . SHIP T O

Se e Sche dule

N 40080 N 68732

MARK ALL

PAC KAG ES AND

PAP ERS W ITH

IDENTIFIC ATIO N

NUMB ERS IN

B LO C KS 1 AND 2 .

2 3 . AM OUNT

1 5 . P A YM E NT W IL L BE M ADE BY CODE

D EF EN SE F IN AN C E AN D AC C OU N TIN G SER VIC E

ATTN : AC C OU N TS PAY ABLE

C OD E JAQAAA, R OOM 1441

1240 E. 9TH ST.

C LEVELAN D OH 44199-2055

Th is del iv ery o rd er/cal l i s i s s u ed o n an o th er G o v ern men t ag en cy o r in acco rd an ce w i th an d s u b ject to terms an d co n d i t io n s o f ab o ve nu mb ered co n tract .

T YP E CAL L

OF P URCHASE X

ORDE R

S EE SCHEDULE

24. UNITED STATES OF AMERICA

TEL: 703-784-5459

EMAIL: Deidre.Parker@navy.mil

CONTRACTING / ORDERING OFFICER

q u an t i t y o rd er ed , in d i ca te b y X . If d i f fer en t , en ter a ctu a l

BY: Deidre Parker

1If t h is bo x is m ark ed, supp lier m ust sign Accep t ance and ret urn t h e fo llo win g num ber o f co p ies:X

NAM E OF CONT RACT OR SIGNAT URE T YP ED NAM E AND T IT L E

( YYYYM M M D D )

DAT E SIGNE D

ACCE P T ANCE. T HE CONT RACT OR HE RE BY ACCEP T S T HE OFFER RE P RE SENT E D BY T HE NUM BE RE D P URCHASE ORDE R AS IT M AY P RE VIOUSL Y HAVE BEE N OR IS NOW M ODIFIED, SUBJE CT T O AL L OF T HE T E RM S

AND CONDIT IONS SE T FORT H, AND AGRE E S T O P E RFORM T HE SAM E.

Referen ce y o u r q u o te dated

Fu rn is h th e fo l lo w in g o n t erms sp eci fied h erein . REF :

2 0 . QUANT IT Y

ORDE RE D/

ACCE P T E D*

2 1 . UNIT 2 2 . UNIT P RICE

D IFFE RE N CE S

2 6 .

INSP E CT ED RECEIVE D ACCE P T ED, AND CONFORM S T O T HE

CONT RACT EXCE P T AS NOT E D

2 7a. QUANT IT Y IN COLUM N 2 0 HAS BEE N

( YYYYM M M D D )

c. DAT E d. P RINT E D NAM E AND T IT L E OF AUT HORIZ E D

GOVERNM E NT RE P RE SENT AT IVE

b. SIGNAT URE OF AUT HORIZ ED GOVE RNM E NT RE P RE SE NT AT IVE

e. M AIL ING ADDRE SS OF AUT HORIZE D GOVE RNM ENT REP RESE NT AT IVE

36. I ce r tify this account is cor re ct and pr ope r for paym e nt.

g. E -M AIL ADDRESSf. T EL EP HONE NUM BER

a. DAT E

( YYYYM M M D D )

b. SIGNAT URE AND T IT LE OF CE RT IFYING OFFICE R

2 8 . SHIP NO. 29 . DO VOUCHE R NO. 3 0 .

INIT IALS

3 2 . P AID BY 3 3 . AM OUNT VE RIFIE D

CORRE CT FOR

3 5 . BIL L OF L ADING NO.

3 4 . CHE CK NUM BER

3 7 . RECE IVED AT 3 8 . RECE IVED BY

( YYYYM M M D D )

3 1 . P AYM E NT

COM P LE T E

P ART IAL

FINAL

P ART IAL

FINAL

DD Fo rm 1155, DEC 2001 P RE VIOUS E DIT ION IS OBSOLE T E.

3 9 . DAT E RECE IVED 4 0 . T OT AL

CONT AINE RS

4 1 . S/R ACCOUNT NO. 4 2 . S/R VOUCHE R NO.

AD D R ESS

AN D

N AME

Section SF 30 - BLOCK 14 CONTINUATION PAGE

AMENDMENT 0001

RFI QUESTIONS AND ANSWERS

1. New equipment will match existing size, type, and rating. Our intent is to replace all external ductwork to the edge of the facility only. No internal ductwork is considered beyond the external wall in this project per the site visit. Correct

2. Electrical will consist of new feeders in new ridged conduit and disconnects only. Wires from panel were tested and seem to be in good shape for reuse to the existing disconnect location. At the 20 Ton unit the disconnect will be moved to a proper location meeting NEC code. Currently it is not accessible and the hole left will be patched with stucco closely matching the facility as possible. Yes.

3. New DDC systems were observed onsite connected to all units. MIG will contact Siemans for connection to new units and programming as necessary. Yes this is MIG’s responsibility.

4. Will a post TAB report be required for these units? Not a TAB. Just a factory startup of equipment and proper airflow through the building from the new equipment.

5. Does the government have asbuilt conditions for the DDC points monitored by the current DDC system to incorporate into our equipment pricing? The Government does not however Siemens installed the system and should have all that information.

6. Please confirm no interior finishes are to be completed or repaired under this contract. That is correct.

AMENDMENT 0003

Updated Wage Determination General Decision Number: VA20210174 09/17/2021

Superseded General Decision Number: VA20200174

State: Virginia

Construction Type: Building

Counties: Culpeper, Rappahannock and Stafford Counties in Virginia.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year

2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/01/2021 1 01/08/2021 2 04/23/2021 3 05/07/2021 4 05/28/2021 5 06/04/2021 6 07/23/2021 7 08/06/2021 8 09/17/2021

ASBE0024-006 04/01/2021

Rates Fringes

ASBESTOS WORKER/HEAT & FROST

INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation)......................$ 39.27 18.67+a

a. PAID HOLIDAYS: New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day,the day after Thanksgiving and Christmas Day provided the employee works the regular work day before and after the paid holiday.

ASBE0024-009 04/01/2021

Rates Fringes

FIRESTOPPER......................$ 29.41 8.73+a

Includes the application of materials or devices within or around penetrations and openings in all rated wall or floor assemblies, in order to prevent the pasage of fire, smoke of other gases. The application includes all components involved in creating the rated barrier at perimeter slab edges and exterior cavities, the head of gypsum board or concrete walls, joints between rated wall or floor components, sealing of penetrating items and blank openings.

a. PAID HOLIDAYS: New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day,the day after Thanksgiving and Christmas Day provided the employee works the regular work day before and after the paid holiday.

* BOIL0045-003 01/01/2021

Rates Fringes

BOILERMAKER......................$ 42.62 24.81

BRVA0001-005 05/02/2021

Rates Fringes

MASON - STONE....................$ 40.81 19.43

BRVA0001-008 05/02/2021

Rates Fringes

BRICKLAYER.......................$ 34.00 12.59

ELEC0026-003 06/07/2021

Rates Fringes

ELECTRICIAN (Includes Low Voltage Wiring and Installation of Alarms and Sound and Communication Systems).........................$ 49.00 20.26

IRON0005-010 06/01/2021

Rates Fringes

IRONWORKER.......................$ 33.90 24.19

PAIN0051-034 06/01/2020

Rates Fringes

GLAZIER..........................$ 28.02 12.55

PAIN0051-035 06/01/2021

Rates Fringes

PAINTER

Brush, Roller and Spray.....$ 25.50 11.27

PAIN0051-036 06/01/2021

Rates Fringes

DRYWALL FINISHER/TAPER...........$ 25.50 11.27

PLUM0005-014 08/01/2021

Rates Fringes

PLUMBER..........................$ 45.92 20.35+a a.PAID HOLIDAYS: New Year's Day, Martin Luther King's Birthday, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day and the day after Thanksgiving and Christmas Day.

PLUM0602-016 08/01/2021

Rates Fringes

PIPEFITTER (Includes HVAC Pipe, Unit and Temperature Controls Installations)..........$ 45.39 23.12+a

a. PAID HOLIDAYS: New Year's Day, Martin Luther King's Birthday, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day and the day after Thanksgiving and Christmas Day.

SFVA0669-006 04/01/2021

Rates Fringes

SPRINKLER FITTER (Fire Sprinklers)......................$ 36.95 24.12

SHEE0100-004 11/01/2020

Rates Fringes

SHEET METAL WORKER (Includes HVAC Duct Installation)..........$ 42.67 21.33+a

a. PAID HOLIDAYS: New Year's Day, Martin Luther King's Birthday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and Christmas Day

SUVA2013-062 01/11/2016

Rates Fringes

BRICK POINTER/CAULKER/CLEANER....$ 19.68 0.00

CARPENTER, Includes Acoustical Ceiling Installation, Drywall Hanging, and Form Work...........$ 23.89 5.23

CEMENT MASON/CONCRETE FINISHER...$ 21.94 3.36

FLOOR LAYER: SOFT FLOORS........$ 18.75 0.00

IRONWORKER, REINFORCING..........$ 25.85 6.94

LABORER: Common or General, including brick mason tending and cement mason tending.........$ 15.03 2.90

LABORER: Pipelayer..............$ 16.81 4.26

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 23.50 4.50

OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 18.95 4.03

OPERATOR: Bulldozer.............$ 21.99 4.98

OPERATOR: Crane.................$ 31.68 2.64

OPERATOR: Forklift..............$ 21.56 7.57

OPERATOR: Loader................$ 22.26 3.57

OPERATOR: Roller................$ 16.25 4.88

ROOFER...........................$ 15.83 3.06

TILE FINISHER....................$ 23.40 0.00

TILE SETTER......................$ 27.80 10.25

TRUCK DRIVER: Dump Truck........$ 19.22 2.58

WATERPROOFER.....................$ 21.75 1.57

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Project $242,762.00 $242,762.00 Bldg. 27241 Replace Failed HVAC Systems

FFP

The contractor shall provide all labor, equipment, materials and supervision in order to remove the existing 5 Ton and 20 Ton R-22 HVAC units and replace with new energy efficient heat pump package units at from building 27241 MCB Quantico, VA in accordance with attached scope of work. Contractors are required to submit invoices.

FOB: Destination

PURCHASE REQUEST NUMBER: ACQR5870364

PSC CD: Z2AA

NET AMT $242,762.00

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

000101 $0.00

FUND ACRN AB

FFP

Funding Doc. No. M3000422MPPW205 Customer ACRN: AA

MILSTRIP: M3000422MPPW205

NET AMT $0.00

ACRN AB

CIN: 000000000000000000000000000000

$242,762.00

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 000101 N/A N/A N/A N/A

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 29-JUN-2022 1 ROICC

DEIDRE PARKER

BLDG. 2004 BARNETT AVE

P.O. BOX 1855

QUANTICO VA 22134-0855

703-784-5459 FOB: Destination

N40080

000101 N/A N/A N/A N/A

Section 00100 - Bidding Schedule/Instructions to Bidders

GENERAL CONDITIONS

1. Solicitation is Hubzone Sole Source.

2. The magnitude of this project is between $100,000.00 and $250,000.00

3. Proposals must be received not later than 18 August 2021 at 2:00PM EST

4. Proposal must be valid for 120 days. Point of Contact (POC) info is as follows:

Contract Specialist- Ms. Deidre Parker, deidre.m.parker.civ@us.navy.mil.

5. Questions are to be submitted via email only to the POC by 12:00 PM EST, 30 July 2021.

6. NAICS 238220

7. Electronic submission is acceptable.

LIST OF ATTACHMENTS

1. Attachment “A” – Statement of Work/Specifications

PROPOSAL SUBMISSION

Proposal Submission.

The Offeror shall submit proposal as follows:

A. One (1) SINGLE PACKAGE that shall be marked as follows:

“RESPONSE TO RFP N4008021Q4005, “Replace Failed HVAC R-22 Systems Bldg. 27241”

B. Package shall be addressed to Deidre Parker and sent to the address shown in Block 7 of the Standard Form 18.

C. One (1) electronic copy submitted via DOD SAFE and one (1) hard copy with completed signed solicitation package including executed representations and certifications and cost/ and any accompanying exhibits.

D. One (1) electronic copy submitted via DOD SAFE and one (1) hard copy of the technical proposal E. One (1) electronic copy submitted via DOD SAFE and one (1) hard copy of the cost/price proposal

Offeror shall submit the following in the Price Proposal:

A. Cover page that includes:

The solicitation number;

The name, address, telephone and email address of the Offeror;

The DUNS Number, CAGE Code, and Tax Identification Number (TIN) of the Offeror;

A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

Names, titles, phone and email addresses of persons authorized to negotiate on the Offeror’s behalf with the Government in connection with this solicitation and;

Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

Point of Contact Name, Phone Number, and Email

B. Tab 1 that includes

Price Proposal Form;

Breakdown of material and labor costs by specification division for Prime Contractor and each sub-contractor; and Original worksheet with a detailed breakdown of your proposal in Excel copy.

C. Tab 2 that includes:

Standard Form (SF) 18 pages 1-2 Amendments acknowledged (if applicable) Representations and Certifications (all pages filled out) - Section 00600

D. Tab 4 that includes:

Confirmation of filing of Veterans' Employment and Training (VETS) VETS 4212 and/or VETS report for the cycle.

CLAUSES INCORPORATED BY REFERENCE

52.252-6 Authorized Deviations In Clauses NOV 2020

Section 00600 - Representations & Certifications

52.219-8 Utilization of Small Business Concerns OCT 2018

CLAUSES INCORPORATED BY FULL TEXT

52.219-3 NOTICE OF HUBZONE SET-ASIDE OR SOLE SOURCE AWARD (MAR 2020)

(a) Definition. See 13 CFR 125.1 and 126.103 for definitions of terms used in the clause.

(b) Applicability. This clause applies only to--

(1) Contracts that have been set aside, or awarded on a sole source basis to, HUBZone small business concerns;

(2) Part or parts of a multiple-award contract that have been set aside for HUBZone small business concerns;

(3) Orders set-aside for HUBZone small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and

(4) Orders issued directly to HUBZone small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii).

(c) General.

(1) Offers are solicited only from HUBZone small business concerns. Offers received from concerns that are not HUBZone small business concerns will not be considered.

(2) Any award resulting from this solicitation will be made to a HUBZone small business concern.

(d) Limitations on subcontracting. The Contractor shall spend--

(1) For services (except construction), at least 50 percent of the cost of contract performance incurred for personnel on its own employees or employees of other HUBZone small business concerns;

(2) For supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, on the concern or other HUBZone small business concerns;

(3) For general construction--

(i) At least 15 percent of the cost of contract performance incurred for personnel on its own employees;

(ii) At least 50 percent of the cost of the contract performance incurred for personnel on its own employees or on a combination of its own employees and employees of HUBZone small business concern subcontractors; and

(iii) No more than 50 percent of the cost of contract performance incurred for personnel on concerns that are not HUBZone small business concerns; or

(4) For construction by special trade contractors--

(i) At least 25 percent of the cost of contract performance incurred for personnel on its own employees;

(ii) At least 50 percent of the cost of the contract performance incurred for personnel on its own employees or on a combination of its own employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel on concerns that are not HUBZone small business concerns.

(e) A HUBZone small business contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraph (b)(1) or (2) of this clause--

[Contracting Officer check as appropriate.]

___ By the end of the base term of the contract and then by the end of each subsequent option period; or

___ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraph (b)(3) or (4) of this clause, by the end of the performance period for the order.

(f) A HUBZone joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause shall be performed by the aggregate of the HUBZone small business participants.

(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers.

(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States.

(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts.

(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

(End of clause)

Section 00700 - Contract Clauses

52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 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

52.204-2 Security Requirements MAR 2021 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 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 and

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 Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-50 Combating Trafficking in Persons OCT 2020 52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.

JUN 2016

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.223-19 Compliance with Environmental Management Systems MAY 2011 52.223-20 Aerosols JUN 2016 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.236-1 Performance of Work by the Contractor APR 1984 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.243-4 Changes JUN 2007 52.243-5 Changes and Changed Conditions APR 1984 52.243-6 Change Order Accounting APR 1984 52.246-12 Inspection of Construction AUG 1996 52.246-13 Inspection--Dismantling, Demolition, or Removal of

Improvements

AUG 1996

52.246-21 Warranty of Construction MAR 1994 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

52.249-10 Default (Fixed-Price Construction) APR 1984 52.249-14 Excusable Delays APR 1984 52.252-6 Authorized Deviations In Clauses NOV 2020 252.201-7000 Contracting Officer's Representative DEC 1991 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 252.204-7006 Billing Instructions OCT 2005 252.219-7011 Notification to Delay Performance JUN 1998 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000

CLAUSES INCORPORATED BY FULL TEXT

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

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.

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 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 165 calendar days. The time stated for completion shall include final cleanup of the premises.

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 $140.00 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.

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL

ITEMS) (FEB 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(iv) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(vii) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(viii) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(ix) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013).

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (NOV 2020).

(ix) 52.253-1, Computer Generated Forms (JAN 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) (41 U.S.C. chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR ® Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent;

or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American--Supplies (JAN 2021) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract, and the acquisition--

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information.)

(xx) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for…