Solicitation Amendment FA252120B00100001 SF 30.pdf

R

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 reason for this amendment is to add government's responses to pre-proposal site visit questions and to The Purpose of This Amendment Is:

incorporate provision/clauses. The following changes have been made:

1. The following documents are incorporated/revised:

a. Questions and Answers, dated 5 Aug 20

2. Add provision 52.204-24 in Section K and added clause 52.204-25 in Section I.

3. Period of Performance and Delivery Schedule changed.

4. The rest remains unchanged.

POC: Charles Speed 321-494-5023, charles.speed.2@us.af.mil.

Section F - Deliveries or Performance

The delivery information for the following CLIN(s) / SLIN(s) were modified:

0001 - Remove and replace existing concrete light poles throughout Patrick AFB. Existing LED light fixtures shall be relocated to the new poles as indicated on the drawings. Project also includes replacing damaged handholes near light poles, replacing existing low pressure sodium fixtures with LED and adding LED lights to poles that don't have fixtures per the drawings. All work shall be completed in accordance with the technical specifications and drawings.

Place of Performance - F3K3DD - F3K3DD 45 CES CEN

INFORMATION FROM TO

Delivery 90 Calendar Days, From Date of Notice to Proceed Receipt to completion of performance

180 Calendar Days, From Date of Notice to Proceed Receipt to completion of performance

Section I - Contract Clauses

Miscellaneous text in this section has been modified to:

FAR Clauses Incorporated by Reference

Number --Title and 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 52.203-19--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

FA252120B00100001

52.204-23--Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. 2018-07 52.204-24--Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 2019-12 52.204-25--Prohibition of Contracting for Certain Telecomunications and Video Surveillance Services or Equipment. 2019-08 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 52.214-26--Audit and Records-Sealed Bidding. 2020-06 52.214-27--Price Reduction for Defective Certified Cost or Pricing Data-Modifications-Sealed Bidding.2020-06 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) 52.219-8--Utilization of Small Business Concerns. 2018-10 52.219-14--Limitations on Subcontracting. 2020-03 52.219-28--Post-Award Small Business Program Representation 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 Veterans. 2020-05 52.222-36--Equal Opportunity for Workers with Disabilities. 2020-05 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 52.223-3--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. 2001-05 52.223-9--Estimate of Percentage of Recovered Material Content for EPA-Designated Item.s 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 52.227-4 Patent Indemnity-Construction Contracts. 2007-12 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. Deviation 2020-O0016 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 52.232-11--Extras 1984-04 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 52.233-3--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 52.236-21--Alt I--Specifications and Drawings for Construction. 1984-04 52.242-13--Bankruptcy. 1995-07 52.242-14--Suspension of Work. 1984-04 52.243-4--Changes. 2007-06 52.248-3--Value Engineering-Construction. 2015-10 52.249-2 Alt I--Termination for Convenience of the Government (Fixed-Price). 1996-09 52.249-10--Default (Fixed-Price Construction). 1984-04 52.253-1--Computer Generated Forms. 1991-01

DFARS Clauses Incorporated by Reference

Number --Title and Effective Date 252.203-7000--Requirements Relating to Compensation of Former DoD Officials. 2011-09 252.203-7001--Prohibitions on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies 2008- 252.203-7002--Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.203-7003--Agency Office of the Inspector General. 2019-08 252.204-7003--Control of Government Personnel Work Product. 1992-04

252.204-7008--Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012--Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.204-7015--Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.205-7000--Provision of Information to Cooperative Agreement Holders. 1991-12 252.209-7004--Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism. 2019-05 252.223-7006--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. 2013-06 252.225-7972--Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems. (DEVIATION 2020-O0015) 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. 2006-12 252.236-7005--Airfield Safety Precautions. 1991-12 252.243-7001--Pricing of Contract Modifications. 1991-12 252.243-7002--Requests for Equitable Adjustment. 2012-12 252.244-7000--Subcontracts for Commercial Items. 2013-06

Clauses Incorporated BY Full Text

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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).

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), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.225-9 Buy American-Construction Materials. 2014-05

(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)*

Item1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item2: _______ _______ _______

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)

52.225-10 Notice of Buy American Requirement-Construction Materials.

Notice of Buy American Requirement-Construction Materials (May 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c)Evaluation of offers. (1)The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2)If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d)Alternate offers. (1)When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2)If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3)If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested-

(i)Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii)May be accepted if revised during negotiations.

(End of Provision)

52.236-4 Physical Data. 1984-04

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.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by documents as provided.

(b) Weather conditions via electronic means, loud voice, or otherwise. Lighting conditions and course of action to be taken are given via electronic means, loud voice, or otherwise.

(c) Transportation facilities are not provided.

(End of clause)

52.236-26 Preconstruction Conference. 1995-02

Preconstruction Conference (Feb 1995) If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer's notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

(End of clause)

52.252-2 Clauses Incorporated by Reference.

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 address(es):

http://www.acquisition.gov

(End of clause)

52.252-4 Alterations in Contract. 1984-04

Alterations in Contract (Apr 1984) Portions of this contract are altered as follows:

http://www.acquisition.gov

(End of clause)

52.252-6 Authorized Deviations in Clauses. 1984-04

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 Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 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

252.223-7001 Hazard Warning Labels 1991-12

HAZARD WARNING LABELS (DEC 1991)

(a) Hazardous material, as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.

(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labeling requirements of one of the following statutes:

(1) Federal Insecticide, Fungicide and Rodenticide Act;

(2) Federal Food, Drug and Cosmetics Act;

(3) Consumer Product Safety Act;

(4) Federal Hazardous Substances Act; or

(5) Federal Alcohol Administration Act.

(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labelled in accordance with one of the Acts in paragraphs (b)(1) through (5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.

MATERIAL (If None, Insert None. ) ACT

(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.

(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).

(End of clause)

252.236-7001 Contract Drawings and Specifications. 2000-08

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 identified on the following index of drawings:

Title Specifications Patrick Air Force Base, Florida SXHT 13-1232 Replace Street Light Poles and Fixtures, Various, 133 Pages, Dated Aug 30, 2016

Drawings Patrick Air Force Base, Florida SXHT 13-1232 Replace Light Poles, 31 Pages, Dated Aug 19, 2016

(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

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)

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 driver s license, current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass.

(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, and DODMAN5200.02_AFMAN 16-1405, Air Force Personnel Security Program.

(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:

Attachments:

1) Technical Specifications - 133 pages (Dated 30 Aug 2016)

2) Drawings - 31 pages (Dated 19 Apr 2016)

3) Construction Cost Estimate Breakdown- AF3052 (Date Not Applicable)

4) Wage Determination - 7 pages WD FL20200001 (Dated 03 Jul 2020)

5) Badge Request (45 SFS) - 2 pages (Date Not Applicable)

6) Green Purchasing Program - 10 pages (Date Not Applicable)

7) Hazardous Waste Form - 1 page (Date Not Applicable)

8) Question & Answer Template - 1page (Date Not Applicable)

9) Questions & Answers - 2 pages (Dated 5 Aug 2020)

10) Amended Drawings Identifying Light Poles to be Salvaged - XX pages (Dated XX Aug 2020)

Section K - Representations, Certification, & Other Statements

Miscellaneous text in this section has been modified to:

FAR Clauses Incorporated by Reference

Number--Title and Effective Date 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. 1997-10

DFARS Clauses Incorporated by Reference

Number -Title and Effective Date 252.203-7005-- Representation Relating to Compensation of Former DoD Officials. 2011-11 252.225-7973--Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems--Representation.

(DEVIATION 2020-O0015). 2020-05

252.225-7974--Representation Regarding Business Operations with the Maduro Regime (Deviation 2020- O0005) (2020-02) 252.232-7016--Notice of Progress Payments or Performance-Based Payments 2020-04

FAR Clauses Incorporated by Full Text

52…