Amendment 0003-FA252120B00060003.pdf

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11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBE

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

The Purpose of this Amendment (A0003) is to:The Purpose of This Amendment Is:

1. Add Questions and Answers 21 through 23 as Attachment 11 to Section J

2. Add FAR clause 52.204-25 to Section I

3. Add FAR provisions 52.204-24 and 52.204-26 to Section K

Section I - Contract Clauses

Miscellaneous text in this section has been modified to:

FAR Clauses Incorporated by Reference

Number, Title, Effective Date 52.202-1, Definitions, 2020-06 52.203-3, Gratuities, 1984-04 52.203-5, Covenant Against Contingent Fees, 2014-05 52.203-6, Restrictions on Subcontractor Sales to the Government, 2020-06 52.203-7, Anti-Kickback Procedures, 2020-06 52.203-8, Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity, 2014-05 52.203-10, Price or Fee Adjustment for Illegal or Improper Activity, 2014-05 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, 2020-06 52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights, 2020-06 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation, 2017-01 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements, 2017-01 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper, 2011-05 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards, 2020-06 52.204-13, System for Award Management Maintenance, 2018-10 52.204-18, Commercial and Government Entity Code Maintenance, 2016-07 52.204-19, Incorporation by Reference of Representations and Certifications, 2014-12 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities, 2018-07 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, 2020-06 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters, 2018-10 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations, 2015-11 52.211-13, Time Extensions, 2000-09 52.211-18, Variation in Estimated Quantity, 1984-04 52.214-26, Audit and Records-Sealed Bidding, 2020-06 52.214-27, Price Reduction for Defective Certified Cost or Pricing Data- Modifications-Sealed Bidding., 2020- 52.214-28, Subcontractor Certified Cost or Pricing Data-Modifications-Sealed Bidding, 2020-06 52.214-29, Order of Precedence-Sealed Bidding, 1986-01 52.219-6, Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008), 2020-03 52.219-8, Utilization of Small Business Concerns, 2018-10 52.219-14, Limitations on Subcontracting (DEVIATION 2020-O0008), 2020-03 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (DEVIATION 2020-O0008), FA252120B00060003

2020-03 52.219-28, Post-Award Small Business Program Rerepresentation, 2020-05 52.222-1, Notice to the Government of Labor Disputes, 1997-02 52.222-3, Convict Labor, 2003-06 52.222-4, Contract Work Hours and Safety Standards -Overtime Compensation, 2018-03 52.222-6, Construction Wage Rate Requirements, 2018-08 52.222-7, Withholding of Funds, 2014-05 52.222-8, Payrolls and Basic Records, 2018-08 52.222-9, Apprentices and Trainees, 2005-07 52.222-10, Compliance with Copeland Act Requirements, 1988-02 52.222-11, Subcontracts (Labor Standards), 2014-05 52.222-12, Contract Termination-Debarment, 2014-05 52.222-13, Compliance with Construction Wage Rate Requirements and Related Regulations, 2014-05 52.222-14, Disputes Concerning Labor Standards, 1988-02 52.222-15, Certification of Eligibility, 2014-05 52.222-21, Prohibition of Segregated Facilities, 2015-04 52.222-26, Equal Opportunity, 2016-09 52.222-27, Affirmative Action Compliance Requirements for Construction, 2015-04 52.222-35 Equal Opportunity for Veterans, 2020-06 52.222-36, Equal Opportunity for Workers with Disabilities, 2020-06 52.222-37, Employment Reports on Veterans, 2020-06 52.222-40, Notification of Employee Rights Under the National Labor Relations Act, 2010-12 52.222-50, Combating Trafficking in Persons, 2019-01 52.222-54, Employment Eligibility Verification, 2015-10 52.222-55, Minimum Wages Under Executive Order 13658, 2015-12 52.222-62, Paid Sick Leave Under Executive Order 13706, 2017-01 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts, 2013-09 52.223-3, Alternate I Hazardous Material Identification and Material Safety Data, 1997-01 52.223-5, Pollution Prevention and Right-to-Know Information, 2011-05 52.223-6, Drug-Free Workplace, 2001-0552.223-3, Hazardous Material Identification and Material Safety Data, 1997-01 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items. 2008-05 52.223-15, Energy Efficiency in Energy-Consuming Products, 2020-05 52.223-17, Affirmative Procurement of EPA-designated Items in Service and Construction Contracts., 2018-08 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving, 2020-06 52.223-19, Compliance with Environmental Management Systems, 2011-05 52.223-21, Foams, 2016-06 52.225-13, Restrictions on Certain Foreign Purchases, 2008-06 52.227-1, Authorization and Consent, 2020-06 52.227-2, Notice and Assistance Regarding Patent and Copyright Infringement, 2020-06 52.228-2, Additional Bond Security., 1997-10 52.228-5, Insurance-Work on a Government Installation, 1997-01 52.228-11, Pledges of Assets, 2018-08 52.228-12, Prospective Subcontractor Requests for Bonds, 2014-05 52.228-14, Irrevocable Letter of Credit, 2014-11 52.228-15, Performance and Payment Bonds-Construction, 2020-06 52.229-3, Federal, State, and Local Taxes, 2013-02 52.232-5, Payments under Fixed-Price Construction Contracts, 2014-05 52.232-8, Discounts for Prompt Payment, 2002-02 52.232-16, Progress Payments, 2020-06 52.232-17, Interest, 2014-05 52.232-23, Assignment of Claims, 2014-05 52.232-27, Prompt Payment for Construction Contracts, 2017-01

52.232-33, Payment by Electronic Funds Transfer-System for Award Management, 2018-10 52.232-39, Unenforceability of Unauthorized Obligations, 2013-06 52.232-40, Providing Accelerated Payments to Small Business Subcontractors, 2013-12 52.233-1, Disputes, 2014-05 52.233-1, Disputes, Alternate I, 1991-12 52.233-3, Protest after Award, 1996-08 52.233-4, Applicable Law for Breach of Contract Claim, 2004-10 52.236-2, Differing Site Conditions, 1984-04 52.236-3, Site Investigation and Conditions Affecting the Work, 1984-04 52.236-5, Material and Workmanship, 1984-04 52.236-6, Superintendence by the Contractor, 1984-04 52.236-7, Permits and Responsibilities, 1991-11 52.236-8, Other Contracts, 1984-04 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, 1984-04 52.236-10, Operations and Storage Areas, 1984-04 52.236-11, Use and Possession Prior to Completion, 1984-04 52.236-12, Cleaning Up., 1984-04 52.236-13, Accident Prevention, 1991-11 52.236-14, Availability and Use of Utility Services, 1984-04 52.236-15, Schedules for Construction Contracts, 1984-04 52.236-17, Layout of Work, 1984-04 52.236-21, Specifications and Drawings for Construction, 1997-02 52.236-26, Preconstruction Conference, 1995-02 52.242-13, Bankruptcy, 1995-07 52.243-4, Changes, 2007-06 52.244-5, Competition in Subcontracting, 1996-12 52.244-6, Subcontracts for Commercial Items, 2020-06 52.245-1, Government Property, 2017-01 52.247-12, Supervision, Labor, or Materials, 1984-04 52.248-3, Value Engineering-Construction, 2015-10 52.249-2, Termination for Convenience of the Government (Fixed-Price), ALT 1, 2012-04 52.249-10, Default (Fixed-Price Construction), 1984-04 52.253-1, Computer Generated Forms., 1991-01

DFARS Clauses Incorporated by Reference

Number, Title, Effective Date 252.203-7000, Requirements Relating to Compensation of Former DoD Officials, 2011-09 252.203-7001, Prohibition on Persons Convicted of Fraud or Other Defense-Contract- Related Felonies, 2008- 252.203-7002, Requirement to Inform Employees of Whistleblower Rights, 2013-09 252.204-7003, Control of Government Personnel Work Product, 1992-04 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, 2016-10 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support, 2016-05 252.205-7000, Provision of Information to Cooperative Agreement Holders, 1991-12 252.208-7000, Intent to Furnish Precious Metals as Government-Furnished Material, 1991-12 252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism, 2019-05 252.223-7001, Hazard Warning Labels, 1991-12 252.223-7006, Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials, 2014-09 252.223-7008, Prohibition of Hexavalent Chromium, 2013-06 252.225-7012, Preference for Certain Domestic Commodities, 2017-12 252.225-7048, Export-Controlled Items, 2013-06

252.227-7033, Rights in Shop Drawings, 1966-04 252.232-7004, DoD Progress Payment Rates, 2014-10 252.232-7010, Levies on Contract Payments, 2006-12 252.242-7006, Accounting System Administration, 2012-02 252.243-7001, Pricing of Contract Modifications, 1991-12 252.243-7002, Requests for Equitable Adjustment, 2012-12 252.244-7000, Subcontracts for Commercial Items, 2013-06 252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations, 2010-10 252.246-7008 Sources of Electronic Parts, 2018-05 252.247-7023 Transportation of Supplies by Sea, (2019-02)

FAR 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.

(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.

(End of clause)

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 $348.62 for the first day and $274.19 for each calendar day thereafter 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.

(End of clause)

52.225-9 Buy American-Construction Materials. (MAY 2014)

(a) Definitions. As used in this clause- Commercially available off-the-shelf (COTS) item-

(1) Means any item of supply (including construction material) that is-

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means-

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means-

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if-

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material. United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material.

In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

None

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute. (1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

| || Foreign and Domestic Construction Materials Price Comparison || | | || Construction Material Description || Unit of Measure || Quantity || Price (Dollars)* || | | || Item 1: || || || || | | || Foreign construction material || || || || | | || Domestic construction material || || || || | | || Item 2: || || || || | | || Foreign construction material || || || || | | || Domestic construction material || || || || | | [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] |

(End of clause)

52.236-4 Physical Data. (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

Project Drawings and Specifications under SXHT 12-1048.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by 45th Civil Engineering Squadron personnel.

(b) Weather conditions: 45th Weather Squadron website at:

http://www.patrick.af.mil/weather/index.asp.

(c) Transportation facilities: Not applicable

(End of clause)

52.246-21 Warranty of Construction. (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph

(i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of-

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall-

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

(End of clause)

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/these addresses: https://www.acquisition.gov

(End of clause)

52.252-4 Alterations in Contract. (APR 1984)

Portions of this contract are altered as follows: https://www.acquisition.gov

(End of clause)

52.252-6 Authorized Deviations in Clauses. (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any DFARS (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

DFARS Clauses Incorporated by Full Text

252.236-7001 Contract Drawings and Specifications. (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings listed in Section J for this project.

(End of clause)

AFFARS Clauses Incorporated by Full Text

5352.201-9101 USSF Ombudsman (OCT 2019)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes.

The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, for USSF (United States Space Force) acquisitions (excluding SMC acquisitions) please contact the Director of Contracts, Air Force Installation Contracting Center, Operating Location - Space (AFICC/KS OL-SPC) via the following e-mail workflow address: afica.ks.wf@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.

(End of clause)

5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) (OCT 2019)

(a) Contractors shall not:

(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or

(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.

[Note: This prohibition does not apply to manufacturing.]

(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:

(1) Halons: 1011, 1202, 1211, 1301, and 2402;

(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC- 115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and

(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.

[NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.]

(End of clause)

5352.223-9001 Health and Safety on Government Installations (Oct 2019)

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and (2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

(End of clause)

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (OCT 2019)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid, REAL ID-compliant driver's license (will be marked with a star on the upper right corner) or other accepted government-issued photo identification (e.g., U.S. Passport, U.S. Passport Card, Permanent Resident Alien Card, or other acceptable identification card issued by federal, state, or local government agencies), current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass. Questions can be addressed to the Patrick AFB Visitor's Center at 321-494-0427, or to the Cape Canaveral Air Force Station Visitor's Center at 321-853-5261

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Integrated Defense para 7.2 and 7.15 and 45 Space Wing Integrated Defense Plan 31- 1, Annex C to Appendix 6 and 7. At a minimum, Tier-1 investigations is required for unescorted entry into restricted areas and to obtain AF Form 1199, Air Force Entry Control Card (Restricted Area Badge).

Contractors requiring unescorted entry into controlled areas will require a background investigation with the 45 SFS Visitor Control Centers and coordination with the servicing unit's Controlled Area Monitor for EAL placement

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

2. CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS - ADDITIONAL REQUIREMENTS

(Jun 2020)

(a) Contractors must have an approved request letter on file at Security Forces with employees name and the required data.

(b) Subcontracts: The contractor shall include this Special Contract Requirement in subcontracts of any tier.

(c) Unescorted Access to Installations:

(1) To request access to Patrick AFB and Cape Canaveral AFS, prior to their proposed business or contract requirements, all contractor personnel shall provide a current completed "45th Security Forces Credential Request Form".

(2) Contractor personnel must complete and sign the applicable form cited above before the required background check (see d. and e. below) can be performed.

(d) All personnel entering Patrick AFB and Cape Canaveral AFS must provide two forms of identification (one must be a photo ID) and have a background check.

(1) For unescorted entry into non-restricted areas of the installations, personnel must obtain, from AF security personnel, favorable National Criminal Information Center (NCIC) check, and have complete social security employment verifications prior to being issued badges (to include temporary passes.

(2) Prior to being issued restricted area badges for unescorted entry into restricted areas of the installations, U.S.

citizens working as contractor employees must obtain a favorable National Agency Check (NAC).

(3) All required information shall be provided to support background checks, and citizenship verification (i.e., birth certificate, passport, voter registration card, resident alien card, or certificate of naturalization).

(e) Escorted Access-Temporary Passes: Personnel may receive a temporary pass, Air Force Form 75/Visitor and Vehicle Pass, for no more than 30 total days in one 365 day period. This pass is issued without a criminal background check, but requires a Wants & Warrants check. Persons with temporary passes receive escorted access rights only, i. e.; they must be escorted at all times by an escort official. Escorted personnel must be with their escort official (the escort official must be in plain view) at all times while on the installation.

f) Personnel Background Checks

(1) The 45th Security Forces Visitor Control Centers will conduct the background check at no cost to the applicant. Refusal to submit to the background check will result in denial of access. Applicants shall be denied installation access based on an arrest and/or criminal record per the 45th SW Installation Access Policy.

(2) Individuals who do not meet the criteria for unescorted base access may still be granted escorted access on a case-by-case basis. The determination will be made based on the results of the background investigation, totality of the criminal record and the types of crime reported.

(3) For the purposes of this policy, convictions are considered to include the following: Guilty verdicts or a Nolo Contendere plea, disposition of cases resulting in deferred adjudication or pretrial diversion and expunged offenses resulting in convictions of crimes per the 45th SW Installation Access Policy.

(4) Contractors should allow 14 days for background checks to be finalized. The contractor should provide the required form (see c. above) for each of its personnel to the government 14 days before the contract start date whenever possible. Background checks cannot be performed from only a list of names.

(g) The Government will not be held responsible for contractual impacts or delays caused by the contractor's failure to take prompt action in providing the required information and documentation to obtain access to Patrick AFB and Cape Canaveral AFS.

(End of clause)

Section J - List of Attachments

Miscellaneous text in this section has been modified to:

Attachment 1 - Drawings (SXHT 12-1048) dated March, 2018 (Pages: 38) Attachment 2 - Specifications (SXHT 12-1048) dated March, 2018 (Pages: 524) Attachment 2a - Addendum to the Specifications (SXHT 12-1048) dated 29 Jun 2020 (Pages: 1) Attachment 3 - Government Furnished Chiller Dimensions (SXHT 12-1048) Attachment 4 - Construction Wage Determination (FL 20200001) dated 03 Jul 20 (Pages: 7) Attachment 5 - GPP Certification (SXHT 12-1048) (Pages:4) Attachment 6 - CTR Hazardous Waste Form (Pages: 2) Attachment 7 - Q&A Template (Pages: 2) Attachment 8 - Rules of Engagement-Pre-Bid Site Visit Attachment 9 - CECC Form 3052 (Pages: 2) Attachment 10 - Questions and Answers, 01-20, dated August 4, 2020 (Pages: 4) Attachment 11 - Questions and Answers, 21-23, dated August 11, 2020 (Pages: 1)

Section K - Representations, Certification, & Other Statements

Miscellaneous text in this section has been modified to:

FAR Clauses Incorporated by Reference

Number, Title, Effective Date 52.203-11, Certification and Disclosure Regarding Payments to Federal Transactions Influence Certain Federal Transactions, 2007-09 52.204-17, Ownership or Control of Offeror, 2016-07 52.204-20, Predecessor of Offeror, 2016-07 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation, 2015-11 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law, 2016-02 52.222-38, Compliance with Veterans' Employment Reporting Requirements, 2016-02 52.223-1, Biobased Product Certification, 2012-05 52.223-4, Recovered Material Certification, 2008-05 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan- Certification, 2009-08 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications, 2020-06 52.236-28, Preparation Of Proposals-Construction (Oct 1997), 1997-10

DFARS Clauses Incorporated by Reference

Number, Title, Effective Date 252.203-7005, Representation Relating to Compensation of Former DoD Officials, 2011-11 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls, 2016-10 252.225-7974, Representation Regarding Persons that have Business Operations with the Maduro Regime

(DEVIATION 2020-O0005), 2020-05

252.232-7016. Notice of Progress Payments or Performance-Based Payments, 2020-04

FAR Clauses Incorporated by Full Text

52.203-2 Certificate of Independent Price Determination (Apr, 1985)

(a) The offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to-

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)

(3) of this provision ____________________ [insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision…