SF30 Amend 02 20R00090002.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

Section I - Contract Clauses

Miscellaneous text in this section has been modified to:

Specific clauses for NASA, Kennedy Space Center (KSC), and Non-Appropriated Funds (NAF) are contained within Section J Attachments 16, 17, and 19 respectively.

FAR Clauses Incorporated by Reference

Number Title/Effective Date 52.202-1--Definitions. (2013-11) 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. (2006-09) 52.203-7--Anti-Kickback Procedures. (2014-05) 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. (2010-10) 52.203-13--Contractor Code of Business Ethics and Conduct. (2015-10) 52.203-17--Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (2014-04) *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. (2018-10) 52.204-13--System for Award Management Maintenance. (2018-10) *52.204-22--Alternative Line Item Proposal. (2017-01) 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. (2015-10) 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) 52.210-1--Market Research. (2011-04) 52.211-13--Time Extensions. (2000-09) 52.215-2--Audit and Records-Negotiation. (2010-10) 52.215-8--Order of Precedence-Uniform Contract Format. (1997-10) 52.215-10--Price Reduction for Defective Certified Cost or Pricing Data. (2011-08) 52.215-11--Price Reduction for Defective Certified Cost or Pricing Data-Modifications. (2011-08) 52.215-12--Subcontractor Certified Cost or Pricing Data (Deviation 2018-O0015). (2010-10) 52.215-13--Subcontractor Certified Cost or Pricing Data-Modifications. (2010-10) 52.215-15--Pension Adjustments and Asset Reversions. (2010-10) 52.215-18--Reversion or Adjustment of Plans for Post-retirement Benefits (PRB) Other Than Pensions. (2005- 07) 52.215-19--Notification of Ownership Changes. (1997-10) 52.215-21--Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data- Modifications. (2010-10)

FA252120R00090002

52.215-21--Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data- Modifications Alt III. (2010-10) 52.215-23--Limitations on Pass-Through Charges. (2009-10) 52.215-23--Alternate I Limitations on Pass-Through Charges. - (Alternate I). (2009-10) 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) 52.222-3--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) 52.222-30--Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method).

(2018-08) 52.222-37--Employment Reports on Veterans. (2016-02) 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) 52.223-5--Pollution Prevention and Right-to-Know Information. (2011-05) 52.223-6--Drug-Free Workplace. (2001-05) 52.223-11--Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. (2016-06) 52.223-12--Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners. (2016- 06) 52.223-15--Energy Efficiency in Energy-Consuming Products. (2007-12) 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. (2011-08) 52.223-19--Compliance with Environmental Management Systems. (2011-05) 52.223-20--Aerosols. (2016-06) 52.223-21--Foams. (2016-06) 52.225-13--Restrictions on Certain Foreign Purchases. (2008-06) 52.227-1--Authorization and Consent. (2007-12) 52.227-2--Notice and Assistance Regarding Patent and Copyright Infringement. (2007-12) 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. (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. (2010-10) 52.229-3--Federal, State, and Local Taxes. (2013-02)

52.232-8--Discounts for Prompt Payment. (2002-02) 52.232-11--Extras. (1984-04) 52.232-17--Interest. (2014-05) 52.232-18--Availability of Funds. (1984-04) 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) 52.236-22--Design Within Funding Limitations. (1984-04) 52.236-26--Preconstruction Conference. (1995-02) 52.242-13--Bankruptcy. (1995-07) 52.242-14--Suspension of Work. (1984-04) 52.243-4--Changes. (2007-06) 52.243-5--Changes and Changed Conditions. (1984-04) 52.244-5--Competition in Subcontracting. (1996-12) 52.244-6--Subcontracts for Commercial Items. (2019-01) 52.245-1--Government Property. (2017-01) 52.245-9--Use and Charges. (2012-04) 52.246-21--Warranty of Construction. (1994-03) 52.246-21--Warranty of Construction Alternate I. (1994-03) 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). (2012-04) 52.249-2--Alternate I Termination for Convenience of the Government (Fixed-Price). (2012-04) 52.249-4--Termination for Convenience of the Government (Services) (Short Form). (1984-04) 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-

12) 252.203-7002--Requirement to Inform Employees of Whistle-blower 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) 252.204-7004--Anti-terrorism Awareness Training for Contractors. (2019-02) *252.204-7008--Compliance with Safeguarding Covered Defense Information Controls. (2016-10) 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) 252.209-7004--Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism. (2015-10) 252.211-7007--Reporting of Government-Furnished Property. (2012-08) 252.215-7002--Cost Estimating System Requirements. (2012-12) 252.219-7011--Notification to Delay Performance. (1998-06) 252.222-7006--Restrictions on the Use of Mandatory Arbitration Agreements. (2010-12) 252.223-7004--Drug-Free Work Force. (1988-09) 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) 252.225-7001--Buy American and Balance of Payments Program. (2017-12) 252.225-7002--Qualifying Country Sources as Subcontractors. (2017-12) 252.225-7012--Preference for Certain Domestic Commodities. (2017-12) 252.225-7016--Restriction on Acquisition of Ball and Roller Bearings. (2011-06) 252.225-7048--Export-Controlled Items. (2013-06) 252.225-7052--Restriction on the Acquisition of Certain Magnets and Tungsten. (2019-04) 252.226-7001--Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns. (2004-09) 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) 252.237-7010--Prohibition on Interrogation of Detainees by Contractor Personnel. (2013-06) 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) 252.245-7002--Reporting Loss of Government Property. (2017-12) 252.245-7003--Contractor Property Management System Administration. (2012-04) 252.246-7004--Safety of Facilities, Infrastructure, and Equipment for Military Operations. (2010-10)

FAR Clauses Incorporated by Full Text

52.211-12 Liquidated Damages-Construction. (2000-09)

(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 to be determined at the task order level for each calendar day of delay until the work is completed or accepted. (b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.216-19 Order Limitations. (1995-10)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2.000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of $10,000,000.00; (2) Any order for a combination of items in excess of $10,000,000.00; or (3) A series of orders from the same ordering office within ten (10) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e.,includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within ten (10) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. (1995-10)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the maximum. The Government shall order at least the quantity of supplies or services designated in the Schedule as the minimum. (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 12 months from the expiration of its performance period.

(End of clause)

52.217-8 Option to Extend Services. (1999-11) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

52.217-9 Option to Extend the Term of the Contract. (2020-03)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed ten

(10) years and six (6) months.

(End of clause)

52.219-13 Notice of Set-Aside of Orders. (2020-03) (a)The Contracting Officer may set aside orders for the small business concerns identified in 19.000(a)(3).

(b)The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3).

(End of clause)

52.219-28 Post-Award Small Business Program Rerepresentation. (2020-05)

(a) Definitions. As used in this clause-- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph

(f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph

(f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it is, is not a small business concern under NAICS Code 236220 assigned to contract number TBD.

(2) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it is, is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it is, is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that--

(i) It is, is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:_____.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern.[Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)

(4) of this clause. ] The Contractor represents that--

(i) It is, is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it is, is not a veteran-owned small business concern.

(7) [ Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it is, is not a service-disabled veteran-owned small business concern.

(8) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that--

(i) It is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It is, is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _____.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.]

(End of clause)

52.222-35 Equal Opportunity for Veterans. (2015-10)

(a) Definitions. As used in this clause- "Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301. (b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans. (c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.222-36 Equal Opportunity for Workers with Disabilities. (2014-07)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities. (b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items. (2008-05)

(a) Definitions. As used in this clause- Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of recovered material. Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (b) The Contractor, on completion of this contract, shall- (1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and (2) Submit this estimate to 45th Contracting Squadron (PKA), 1201 Edward H. White II St. Patrick AFB, CO 32925-3242.

(End of clause)

52.225-11 Buy American-Construction Materials under Trade Agreements. (2019-10)

(a) Definitions. As used in this clause- "Caribbean Basin country construction material" means a construction material that-

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

"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.

"Component" means an article, material, or supply incorporated directly into a construction material.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or 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. "Designated country" means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St.

Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

"Designated country construction material" means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country 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.

"Free Trade Agreement country construction material" means a construction material that-

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

"Least developed country construction material" means a construction material that-

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

"United States" means the 50 States, the District of Columbia, and outlying areas.

"WTO GPA country construction material" means a construction material that-

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials. (1) This clause implements 41 U.S.C.chapter 83, 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)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause 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.

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) 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 restrictions 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 Act 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)(4) 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)(4)(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)

52.252-2 Clauses Incorporated by Reference. (1998-02)

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://acquisition.gov/

(End of clause)

52.252-6 Authorized Deviations in Clauses. (1984-04)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter1) 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

5352.201-9101 Ombudsman (2019-10)

(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 PATRICK AFB- AFICC/KS, 150 Vandenburg St. STE 1105, Peterson AFB, CO 80914, phone 719-554-5300, Fax 719-554-5299, email: 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.

If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman for MACDILL AFB, Ms. Susan R. Madison, AFICA OL AMC, 507 Symington Drive, Scott AFB, IL 62225-5022, 618-229-0267, fax 618-256-6668, email: susan.madison@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) (2019- 10)

(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. (2019-10)

(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)

252.225-7974 Representation Regarding Business Operations with the Maduro Regime. (Deviation 2020- O0005) (2020-02)

(a) Definitions. As used in this provision-- "Agency or instrumentality of the government of Venezuela" means an agency or instrumentality of a foreign state as defined in…