Solicitation - FA302924R0023.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

AWARD (To be completed by Government)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Section A - Solicitation/Contract Form

Repair Electrical System RAPCON, F795

Product Service Code: Z2BG Date: 05 Jun 2024

FA302924R0023

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Repair Electrical System at RAPCON, F795 all work will be accomplished in accordance with specifications and drawings. POP: 217 days non-performance/365 days of performance/582 total days

Product Service Code: Z2BG Pricing Arrangement: Firm Fixed Price

1 Lot

Section C - Description/Specifications/Statement of Work

Requirements The existing RAPCON facility has obsolete electrical distribution systems. The buildings main switchgear, back up generators and subpanels are obsolete which need to be replaced. The scope of this project includes, but is not limited to, the replacement and relocation of the buildings two backup generators and the associated automatic transfer switches. In the existing electrical room replace the existing switchgear with main distribution panels MDP and replace subpanels throughout the facility with modern panels. New conductors and conduits will be added between the new MDP and new subpanels to ensure mission requirements are met during construction phase. Because of the important function of this facility to the Vance AFB flying mission, contractor is required to minimize disruptions related to power outages during the hours specified in the plans and specifications. In addition the interior distribution work, contractor will replace buildings interior, exterior and parking lot lighting with equivalent LED options and with lighting controls.

This is a 100% Small Business Set Aside.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: See specifications for Acceptance/inspection criteria.

DoDAAC: F4C3C1 CountryCode: USA

CONTRACTOR CIVIL ENGINEERING

AF BPN NO MILSBILLS PROCESSES, 120 CHANEL ST

ENID, OK 73705-5621

UNITED STATES

Christopher Wheeler Email: christopher.wheeler.18@us.af.mil Telephone: 580-213-7070

Section F - Deliveries or Performance

Overall Contract Delivery Period

From date of lead time event to beginning of performance 217 Calendar Days Date of Notice to Proceed Receipt

From date of lead time event to completion of performance 582 Calendar Days Date of Notice to Proceed Receipt

Line Item Delivery Schedule Quantity Address and POC

Delivery Schedule From date of lead time event to completion of performance 582 Calendar Days Date of Notice to Proceed Receipt

1 Lot Place of Performance DoDAAC: F4C3C1 CountryCode: USA

CONTRACTOR CIVIL ENGINEERING

AF BPN NO MILSBILLS PROCESSES, 120

CHANEL ST

ENID, OK 73705-5621

UNITED STATES

Christopher Wheeler Email: christopher.wheeler.18@us.af.mil Telephone: 580-213-7070

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

As prescribed in 232.7004(b), use the following clause:

WIDE AREAWORKFLOWPAYMENT INSTRUCTIONS (JAN 2023)

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

"Department of Defense Activity Address Code (DoDAAC)" is a six-position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area Work Flow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov;

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site. Invoice 2 in 1.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items--

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

FA302924R0023

https://www.acquisition.gov/dfars/232.7004-contract-clauses.#DFARS_232.7004 https://www.acquisition.gov/dfars/252.232-7003-electronic-submission-payment-requests-and-receiving-reports.#DFARS_252.232-7003 https://www.acquisition.gov/dfars/252.232-7003-electronic-submission-payment-requests-and-receiving-reports.#DFARS_252.232-7003 https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance-based payments, submit a performance-based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC: F87700

Issue By DoDAAC: FA3029

Admin DoDAAC**: FA3029

Inspect By DoDAAC: F4C3CE

Ship To Code: F4C3CE

Ship From Code: N/A

Mark For Code: N/A

Service Approver (DoDAAC): FA3029

Service Acceptor (DoDAAC): FA3029

Accept at Other DoDAAC: N/A

LPO DoDAAC: N/A

DCAA Auditor DoDAAC: N/A

Other DoDAAC(s): N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

(Contracting Officer/Specialist: LeeAnna Nelson, leeanna.nelson@us.af.mil)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause) mailto:leeanna.nelson@us.af.mil

Section H - Special Contract Requirements

Section I - Contract Clauses

As prescribed in (a)29.402-3 , insert the following provision:

Tax on Certain Foreign --Notice and Representation (Jun 2020) Procurements

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

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if-

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It is is not a foreign person; and

(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that--I am claiming on the IRS Form W-14 a full exemption, or partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then--

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of provision)

FA302924R0023

https://www.acquisition.gov/far/29.402-3#FAR_29_402_3 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://www.irs.gov/w14 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://www.acquisition.gov/far/52.229-12#FAR_52_229_12 https://www.acquisition.gov/far/52.229-12#FAR_52_229_12 https://www.irs.gov/help/tax-law-questions

252.232-7010 Levies on Contract Payments.

As prescribed in , use the following clause: 232.7102

LEVIES ON CONTRACT PAYMENTS (DEC 2006)

(a) 26 U.S.C. 6331(h) authorizes the Internal Revenue Service (IRS) to continuously levy up to 100 percent of contract payments, up to the amount of tax debt.

(b) When a levy is imposed on a payment under this contract and the Contractor believes that the levy may result in an inability to perform the contract, the Contractor shall promptly notify the Procuring Contracting Officer in writing, with a copy to the Administrative Contracting Officer, and shall provide--

(1) The total dollar amount of the levy;

(2) A statement that the Contractor believes that the levy may result in an inability to perform the contract, including rationale and adequate supporting documentation; and

(3) Advice as to whether the inability to perform may adversely affect national security, including rationale and adequate supporting documentation.

(c) DoD shall promptly review the Contractor's assessment, and the Procuring Contracting Officer shall provide a written notification to the Contractor including-

(1) A statement as to whether DoD agrees that the levy may result in an inability to perform the contract; and

(2)(i) If the levy may result in an inability to perform the contract and the lack of performance will adversely affect national security, the total amount of the monies collected that should be returned to the Contractor; or

(ii) If the levy may result in an inability to perform the contract but will not impact national security, a recommendation that the Contractor promptly notify the IRS to attempt to resolve the tax situation.

(d) Any DoD determination under this clause is not subject to appeal under the Contract Disputes Act.

(End of clause)

52.248-3 Value Engineering-Construction

As prescribed in , insert the following clause:48.202

Value Engineering- Construction (Oct 2020)

(a) . The Contractor is encouraged to develop, prepare, and submit change proposals (VECP's) voluntarily. The Contractor General value engineering share in any realized from accepted VECP's, in accordance with paragraph (f) of this clause.shall instant contract savings

(b) . "Collateral costs," as used in this clause, means agency costs of operation, maintenance, logistic support, or Government-furnished Definitions property.

Collateral savings, as used in this clause, means those measurable net reductions resulting from a VECP in the agency's overall projected collateral costs, exclusive of savings, whether or not the cost changes.acquisition acquisition

Contractor's development and implementation costs, as used in this clause, means those costs the Contractor incurs on a VECP specifically in developing, testing, preparing, and submitting the VECP, as well as those costs the Contractor incurs to make the contractual changes required by Government acceptance of a VECP.

Government costs, as used in this clause, means those agency costs that result directly from developing and implementing the VECP, such as any net increases in the cost of testing, operations, maintenance, and logistic support. The term does not include the normal administrative costs of processing the VECP.

Instant contract savings, as used in this clause, means the estimated reduction in Contractor cost of performance resulting from acceptance of the VECP, minus allowable , including subcontractors' development and implementation costs (see Contractor's development and implementation costs paragraph (h) of this clause).

Value engineering change proposal (VECP) means a proposal that-

(1) Requires a change to this, the instant contract, to implement; and

FA302924R0023

https://www.acquisition.gov/dfars/232.7102-contract-clause.#DFARS_232.7102 https://www.acquisition.gov/far/part-48#FAR_48_202

(2) Results in reducing the contract price or estimated cost without impairing essential functions or characteristics; , that it does not involve a provided change-

(i) In deliverable end item quantities only; or

(ii) To the contract type only.

(c) . As a minimum, the Contractor include in each VECP the information described in paragraphs (c)(1) through (7) of this VECP preparation shall clause. If the proposed change is affected by contractually required configuration management or similar procedures, the instructions in those procedures relating to format, identification, and priority assignment govern VECP preparation. The VECP include the following:shall shall

(1) A description of the difference between the existing contract requirement and that proposed, the comparative advantages and disadvantages of each, a justification when an item's function or characteristics are being altered, and the effect of the change on the end item's performance.

(2) A list and analysis of the contract requirements that be changed if the VECP is accepted, including any suggested specification revisions.must

(3) A separate, detailed cost estimate for (i) the affected portions of the existing contract requirement and (ii) the VECP. The cost reduction associated with the VECP take into account the Contractor's allowable development and implementation costs, including any amount attributable to shall subcontracts under paragraph (h) of this clause.

(4) A description and estimate of costs the Government incur in implementing the VECP, such as test and evaluation and operating and support may costs.

(5) A prediction of any effects the proposed change would have on collateral costs to the agency.

(6) A statement of the time by which a accepting the VECP be issued in order to achieve the maximum cost reduction, contract modification must noting any effect on the contract completion time or delivery schedule.

(7) Identification of any previous submissions of the VECP, including the dates submitted, the agencies and contract numbers involved, and previous Government actions, if known.

(d) . The Contractor submit VECP's to the Resident Engineer at the worksite, with a copy to the .Submission shall Contracting Officer

Government action.(e)

(1) The will notify the Contractor of the status of the VECP within 45 calendar days after the receives it. If Contracting Officer contracting office additional time is required, the will notify the Contractor within the 45- period and provide the reason for the delay and the Contracting Officer day expected date of the decision. The Government will process VECP's expeditiously; however, it will not be liable for any delay in acting upon a VECP.

(2) If the VECP is not accepted, the will notify the Contractor , explaining the reasons for rejection. The Contractor Contracting Officer in writing may withdraw any VECP, in whole or in part, at any time before it is accepted by the Government. The require that the Contracting Officer may Contractor provide written notification before undertaking significant expenditures for VECP effort.

(3) Any VECP be accepted, in whole or in part, by the 's award of a modification to this contract citing this clause. The may Contracting Officer accept the VECP, even though an agreement on price reduction has not been reached, by issuing the Contractor a notice to Contracting Officer may proceed with the change. Until a notice to proceed is issued or a applies a VECP to this contract, the Contractor perform in contract modification shall accordance with the existing contract. The decision to accept or reject all or part of any VECP is a unilateral decision made solely at the discretion of the .Contracting Officer

Sharing-(f)

(1) . The Government's share of savings is determined by subtracting from and multiplying the result Rates Government costs instant contract savings by-

(i) 45 percent for fixed-price contracts; or

(ii) 75 percent for cost-reimbursement contracts.

(2) . Payment of any share due the Contractor for use of a VECP on this contract be authorized by a modification to this contract to-Payment shall

(i) Accept the VECP;

(ii) Reduce the contract price or estimated cost by the amount of ; andinstant contract savings

(iii) Provide the Contractor's share of savings by adding the amount calculated to the contract price or fee.

(g) . If a VECP is accepted, the will increase the instant contract amount by 20 percent of any projected Collateral savings Contracting Officer determined to be realized in a typical year of use after subtracting any not previously offset. However, the collateral savings Government costs

Contractor's share of will not exceed the contract's firm-fixed-price or estimated cost, at the time the VECP is accepted, or collateral savings $100,000, whichever is greater. The is the sole determiner of the amount of .Contracting Officer collateral savings

(h) . The Contractor include an appropriate clause in any subcontract of $75,000 or more and include one in Subcontracts shall value engineering may subcontracts of lesser value. In computing any adjustment in this contract's price under paragraph (f) of this clause, the Contractor's allowable development and implementation costs include any subcontractor's allowable development and implementation costs clearly resulting from a shall VECP accepted by the Government under this contract, but exclude any incentive payments to a subcontractor. The shall value engineering Contractor choose any arrangement for subcontractor incentive payments; , that these payments not reduce the may value engineering provided shall Government's share of the savings resulting from the VECP.

(i) . The Contractor restrict the Government's right to use any part of a VECP or the supporting data by marking the following legend on the Data may affected parts:

These data, furnished under the - clause of contract _____, not be disclosed outside the Government or Value Engineering Construction shall duplicated, used, or disclosed, in whole or in part, for any purpose other than to evaluate a submitted under the value engineering change proposal clause. This restriction does not limit the Government's right to use information contained in these data if it has been obtained or is otherwise available from the Contractor or from another source without limitations.

If a VECP is accepted, the Contractor hereby grants the Government unlimited rights in the VECP and supporting data, except that, with respect to data qualifying and submitted as limited rights , the Government have the rights specified in the technical data shall contract modification implementing the VECP and appropriately mark the data. (The terms "unlimited rights" and "limited rights" are defined in of the shall part 27 Federal Regulation.)Acquisition

(End of clause)

52.211-10 Commencement, Prosecution, and Completion of Work.

As prescribed in (b)11.404 , insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.

Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within 217 non-performance calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 365 days of performance; 582 total days.

* The time stated for completion include final cleanup of the premises.shall

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

52.232-5 Payments under Fixed-Price Construction Contracts.

As prescribed in , insert the following clause: (a)(5)32.111

Payments under Fixed-Price Contracts Construction ( 2014)May

(a) Payment of price. The Government pay the Contractor the contract price as provided in this contract. shall

(b) Progress payments. The Government make progress payments monthly as the work proceeds, or at more frequent intervals as determined by shall the , on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer

.Contracting Officer

(1) The Contractor's request for progress payments include the following substantiation: shall

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the . Contracting Officer

(2) In the preparation of estimates, the authorize material delivered on the site and preparatory work done to be taken into Contracting Officer may consideration. Material delivered to the Contractor at locations other than the site also be taken into consideration if- may

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

FA302924R0023

https://www.acquisition.gov/far/part-27#FAR_Part_27 https://www.acquisition.gov/far/part-11#FAR_11_404 https://www.acquisition.gov/far/part-32#FAR_32_111

(c) Contractor certification. Along with each request for progress payments, the Contractor furnish the following certification, or payment shall shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that-

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, Code; United States

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

__________________________________________________ ( )Name

__________________________________________________ ( )Title

__________________________________________________ ( )Date

(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the Contractor - shall

(1) Notify the of such performance deficiency; and Contracting Officer

(2) Be obligated to pay the Government an amount (computed by the in the manner provided in paragraph (j) of this clause) equal Contracting Officer to interest on the unearned amount from the 8 thday after the date of receipt of the unearned amount until-

(i) The date the Contractor notifies the that the performance deficiency has been corrected; or Contracting Officer

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the finds that satisfactory progress was achieved during any period for which a progress payment is to be made, Contracting Officer the authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer shall Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the retain from previously withheld funds and future progress payments that amount the considers adequate Contracting Officer may Contracting Officer for protection of the Government and release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each shall separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment be made for the shall completed work without retention of a percentage.

(f) Title, liability, and reservation of rights. All material and work covered by progress payments made , at the time of payment, become the sole shall property of the Government, but this not be construed as- shall

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g) Reimbursement for bond premiums. In making these progress payments, the Government , upon request, reimburse the Contractor for the shall amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the . The retainage provisions in paragraph (e) of this clause not apply to that portion surety shall of progress payments attributable to bond premiums.

(h) Final payment. The Government pay the amount due the Contractor under this contract after- shall

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all against the Government arising by virtue of this contract, other than , in stated amounts, that the claims claims Contractor has specifically excepted from the operation of the release. A release also be required of the assignee if the Contractor's to may claim amounts payable under this contract has been assigned under the Act of1940 ( 31 U.S.C.3727 and 41 U.S.C.6305). Assignment of Claims

(i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments not exceed 80 percent on work shall accomplished on undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in FAR , including subpart 2.1 for additional or services, but not including that are within the scope and under the terms of the contract modifications supplies contract modifications contract, such as issued pursuant to the Changes clause, or funding and other administrative changes. contract modifications

FA302924R0023

https://www.acquisition.gov/far/part-2#FAR_Subpart_2_1

(j) Interest computation on unearned amounts. In accordance with 31 U.S.C.3903(c)(1), the amount payable under paragraph (d)(2) of this clause shall be-

(1) Computed at the rate of average bond equivalent rates of 91- Treasury bills auctioned at the most recent auction of such bills prior to the date day the Contractor receives the unearned amount; and

(2) Deducted from the next available payment to the Contractor.

(End of clause)

52.232-13 Notice of Progress Payments.

As prescribed in , insert the following provision in invitations for bids and requests for proposals that include a Progress Payments clause:(a) 32.502-3

Notice of Progress Payments (Apr 1984)

The need for customary progress payments conforming to the regulations in of the Federal Regulation (FAR) will not be subpart 32.5 Acquisition considered as a handicap or adverse factor in the award of the contract. The Progress Payments clause included in this will be included in solicitation any resulting contract, modified or altered if necessary in accordance with subsection and its I of the FAR. Even though the 52.232-16 Alternate clause is included in the contract, the clause be inoperative during any time the contractor's accounting system and controls are determined by shall the Government to be inadequate for segregation and accumulation of contract costs.

(End of clause)

52.232-16 Progress Payments.

As prescribed in , insert the following clause: (a)32.502-4

Progress Payments (Nov 2021)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the , under the following conditions: Contracting Officer

(a) Computation of amounts.

(1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under Federal Acquisition Regulation (FAR) 31.205-10 as an incurred cost for progress payment purposes.

(2) The amount of financing and other payments for and services purchased directly for the contract are limited to the amounts that have been supplies paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors-

(i) In accordance with the terms and conditions of a subcontract or ; and invoice

(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless-

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid be excluded from the Contractor's total costs for progress payments until paid). shall

(4) The Contractor not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause: shall

(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.

(ii) Costs incurred by subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to or amortization except for the properly depreciated or amortized portion of such costs. depreciation

(iv) Payments made or amounts payable to subcontractors or suppliers, except for-

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

FA302924R0023

https://www.acquisition.gov/far/part-32#FAR_32_502_3 https://www.acquisition.gov/far/part-32#FAR_Subpart_32_5 https://www.acquisition.gov/far/part-52#FAR_52_232_16 https://www.acquisition.gov/far/part-32#FAR_32_502_4 https://www.acquisition.gov/far/part-31#FAR_31_205_10

(5) The amount of unliquidated progress payments exceed neither (i) the progress payments made against incomplete work (including allowable may unliquidated progress payments to subcontractors) nor (ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the supplies Government are incomplete.

(6) The total amount of progress payments not exceed 80 percent of the total contract price. shall

(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by paragraphs (a)(4) or (a)(5) of this clause, the Contractor repay the amount of such excess to the Government on demand. shall

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The make exceptions.Contracting Officer may

(9) The costs applicable to items delivered, invoiced, and accepted not include costs in excess of the contract price of the items. shall

(b) Liquidation. Except as provided in the of the Government clause, all progress payments be liquidated by Termination for Convenience shall deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 80 percent of the amount invoiced, whichever is less. The Contractor repay to the Government any amounts required by a retroactive price reduction, after shall computing liquidations and payments on past at the reduced prices and adjusting the unliquidated progress payments accordingly. The invoices Government reserves the right to unilaterally change from the ordinary liquidation rate to an rate when deemed appropriate for proper alternate contract financing.

(c) Reduction or suspension. The reduce or suspend progress payments, increase the rate of liquidation, or take a Contracting Officer may combination of these actions, after finding on any of the following conditions: substantial evidence

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) of this clause).

(2) Performance of this contract is endangered by the Contractor's--

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) Inventory allocated to this contract substantially exceeds reasonable requirements.

(4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.

(5) The fair value of the undelivered work is less than the amount of unliquidated progress payments for that work.

(6) The Contractor is realizing less profit than that reflected in the establishment of any liquidation rate in paragraph (b) of this clause, and alternate that rate is less than the progress payment rate stated in paragraph (a)(1) of this clause.

(d) Title.

(1) Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately upon the date of this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) "Property," as used in this clause, includes all of the below-described items acquired or produced by the Contractor that are or be allocable should or properly chargeable to this contract under sound and generally accepted accounting principles and practices.

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and to which the Government is to acquire title; special test equipment

(iii) Nondurable ( noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar manufacturing aids, title to i.e., which would not be obtained as under paragraph (d)(2)(ii) of this clause; and special tooling

(iv) Drawings and , to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of technical data this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract; the termination clauses, e.g., shall determine the handling and disposition of the property.

(4) The Contractor sell any resulting from production under this contract without requesting the 's approval, but the may scrap Contracting Officer proceeds be credited against the costs of performance. shall

(5) To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor obtain the must 's advance approval of the action and the terms. The Contractor (i) exclude the allocable costs of the property from the costs Contracting Officer shall of contract performance, and (ii) repay to the Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or credit memorandum.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all progress payments, title vest in the shall Contractor for all property (or the proceeds thereof) not-

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under supplies this clause.

(7) The terms of this contract concerning liability for Government-furnished property not apply to property to which the Government acquired shall title solely under this clause.

(e) Risk of loss. Before delivery to and acceptance by the Government, the Contractor bear the risk of loss for property, the title to which vests in shall the Government under this clause, except to the extent the Government expressly assumes the risk. The Contractor repay the Government an shall amount equal to the unliquidated progress payments that are based on costs allocable to property that is lost (see ). 45.101

(f) Control of costs and property. The Contractor maintain an accounting system and controls adequate for the proper administration of this shall clause.

(g) Reports, forms, and access to records.

(1) The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information (including estimates to complete) reasonably requested by the Contracting Officer for the administration of this clause. Also, the Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's books, records, and accounts.

(2) The Contractor furnish estimates to complete that have been developed or updated within six months of the date of the progress payment shall request. The estimates to complete represent the Contractor's best estimate of total costs to complete all remaining contract work required under shall the contract. The estimates include sufficient detail to permit Government verification. shall

(3) Each Contractor request for progress payment : shall

(i) Be submitted on Standard Form 1443, Contractor's Request for Progress Payment, or the electronic equivalent as required by agency regulations, in accordance with the form instructions and the contract terms; and

(ii) Include any additional supporting documentation requested by the . Contracting Officer

(h) Special terms regarding default. If this contract is terminated under the Default clause, (i) the Contractor , on demand, repay to the shall Government the amount of unliquidated progress payments and (ii) title vest in the Contractor, on full liquidation of progress payments, for all shall property for which the Government elects not to require delivery under the Default clause. The Government be liable for no payment except as shall provided by the Default clause.

(i) Reservations of rights.

(1) No payment or vesting of title under this clause shall-

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause-

(i) Shall not be exclusive but rather be in addition to any other rights and remedies provided by law or this contract; and shall

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor such exercise or any single shall exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(j) Financing payments to subcontractors. The financing payments to subcontractors mentioned in paragraphs (a)(1) and (a)(2) of this clause be shall all financing payments to subcontractors or divisions, if the following conditions are met:

(1) The amounts included are limited to-

(i) The unliquidated remainder of financing payments made; plus

(ii) Any unpaid subcontractor requests for financing payments.

FA302924R0023

https://www.acquisition.gov/far/part-45#FAR_45_101

(2) The subcontract or interdivisional order is expected to involve a minimum of approximately 6 months between the beginning of work and the first delivery; or, if the subcontractor is a small business concern, 4 months.

(3) If the financing payments are in the form of progress payments, the terms of the subcontract or interdivisional order concerning progress payments-

(i) Are substantially similar to the terms of this clause for any subcontractor that is a large business concern, or this clause with its I for any Alternate subcontractor that is a small business concern;

(ii) Are at least as favorable to the Government as the terms of this clause;

(iii) Are not more favorable to the subcontractor or division than the terms of this clause are to the Contractor;

(iv) Are in conformance with the requirements of FAR (e); and 32.504

(v) Subordinate all subcontractor…