Solicitation Amendment - FA303025Q00190002.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 Construct FAM-CAMP RV Sunshades

Product Service Code: Z2JZ

FA303025Q00190002

Section B - Supplies or Services & Prices or Costs Additional Information/Notes

Item Supplies / Services Quantity Unit Unit Price Amount

Construction (10 each) FAMCAMP Shade Structures according to the Statement of Work.

Product Service Code: Z2JZ Pricing Arrangement: Firm Fixed Price

1 Job

Section C - Description/Specifications/Statement of Work

Requirements Construct FAM-CAMP RV Sunshades

Section D - Packaging and Marking

Section E - Inspection and Acceptance

Section F - Deliveries or Performance Overall Contract Delivery Period

Line Item Delivery Schedule Quantity Address and POC

Delivery Schedule From date of lead time event to completion of performance 150 Calendar Days Date of Notice to Proceed Receipt

1 Job Place of Performance DoDAAC: F1Z312 CountryCode: USA

17 CES CERF RA

AF BPN NO MILSBILLS PROCESSES, 460 EAST KEARNEY

BLVD

GOODFELLOW AFB, TX 76908-4104

UNITED STATES

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

Section H - Special Contract Requirements

INVOICES & PAYMENT

Please submit invoices for payment by electronic mail to the following addresses.

To: sarah.sasseen@us.af.mil

CC: and kendol.dunlap@us.af.mil john.hebdon.1@us.af.mil

Please include the following information on the invoice.

Name of Supplier:

POC Name:

Address:

Phone Number:

Email:

Invoice Number:

Invoice Date:

Contract Number:

Invoiced Itemized listing:

The 17th Contracting - PKA Construction Flight will coordinate with NAF for payment.

Section I - Contract Clauses

SPECIAL CLAUSES FOR CONSTRUCTION

NFC-36-204 - DISCLOSUREOF THE MAGNITUDE OF CONSTRUCTION PROJECTS

(NOV 2020)

Advance notices and solicitations shall state the magnitude of the requirement in terms of physical characteristics and estimated price range. In no event shall the statement of magnitude discloses the NAFI's estimate. Therefore, the estimated price should be described in terms of one of the following price ranges:

Between$100,000 and $150,000.

(End of clause)

NFC-203-14 - DISPLAY OF HOTLINE POSTER(S) (JUN 2020)

(a) Definition.

"United States," as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites.

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from

Defense Hotline Posters http://www.dodhotline.dodig.mil/Hotline/posters.cfm

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph(d), in all subcontracts that exceed $5.5 million, except when the subcontract

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(End of clause)

NFC-211-12 - LIQUIDATED DAMAGES - CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the NAFI in the amount of r for each calendar day of delay until the work is completed or accepted.$885.00 on first day and $276.00 for each day thereafte

(b) If the NAFI 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)

NFC-222-36 - EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

(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.

(c) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, 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)

NFC-225-9 - BUYAMERICAN-CONSTRUCTION MATERIALS (MAY 2014)

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

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

(i) A commercial item;

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

(iii) Offered to the NAFI, 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 a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the NAFI are supplies, not construction material.

"Cost of components" means

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph

(1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

"Domestic construction material" means

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

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

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

(ii) The construction material is a COTS item.

"Foreign construction material" means a construction material other than a domestic construction material.

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

(b) Domestic preference.

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

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

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

_______ _________[ContractingOfficer to list applicable excepted materials or indicate "none"]none

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

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

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

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

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

(1)

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

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

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

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty free entry certificate is issued).]

(End of Clause)

NFC-236-22 - DESIGN WITH FUNDING LIMITATIONS (APR 1984)

(a) The Contractor shall accomplish the design services required under this contract so as to permit the award of a contract, using standard Federal Acquisition Regulation procedures for the construction of the facilities designed at a price that does not exceed the estimated construction contract price as set forth in paragraph (c) below. When bids or proposals for the construction contract are received that exceed the estimated price, the contractor shall perform such redesign and other services as are necessary to permit contract award within the funding limitation. These additional services shall be performed at no increase in the price of this contract. However, the Contractor shall not be required to perform such additional services at no cost to the NAFI if the unfavorable bids or proposals are the result of conditions beyond its reasonable control.

(b) The Contractor will promptly advise the Contracting Officer if it finds that the project being designed will exceed or is likely to exceed the funding limitations and it is unable to design a usable facility within these limitations. Upon receipt of such information, the Contracting Officer will review the Contractor's revised estimate of construction cost. The NAFI may, if it determines that the estimated construction contract price set forth in this contract is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth in paragraph (c) below, or the NAFI may adjust such estimated construction contract price. When bids or proposals are not solicited or are unreasonably delayed, the NAFI shall prepare an estimate of constructing the design submitted and such estimate shall be used in lieu of bids or proposals to determine compliance with the funding limitation.

(c) The estimated construction contract price for the project described in this contract is see order of magnitude

(End of Clause)

NFC-236-23 - RESPONSIBILITYOF THE ARCHITECT-ENGINEER CONTRACTOR (APR

1984)

The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services.

(a) Neither the NAFI's review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the Contractor shall be and remain liable to the NAFI in accordance with applicable law for all damages to the NAFI caused by the Contractor's negligent performance of any of the services furnished under this contract.

(b) The rights and remedies of the NAFI provided for under this contract are in addition to any other rights and remedies provided by law.

(c) If the Contractor is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

(End of Clause)

NFC-236-24 - WORKOVERSIGHT IN ARCHITECT-ENGINEER CONTRACT (APR 1984)

The extent and character of the work to be done by the Contractor shall be subject to the general oversight, supervision, direction, control, and approval of the Contracting Officer.

(End of Clause)

NFC-236-25 - REQUIREMENTSFOR REGISTRATION OF DESIGNERS (JUN 2003)

Architects or engineers registered to practice in the particular professional field involved in a State, the District of Columbia, or an outlying area of the United States shall prepare or review and approve the design of architectural, structural, mechanical, electrical, civil, or other engineering features of the work.

(End of Clause)

NFC-236-7009 - OPTION FOR SUPERVISION AND INSPECTION SERVICES (DEC

1991)

(a)The NAFI may

(1) At its option, direct the Contractor to perform any part or all of the supervision and inspection services for the construction contract as provided underAppendix A of this contract; and

(2) Exercise its option, by written order, at any time prior to six months after satisfactory completion and acceptance of the work under this contract.

(b) Upon receipt of the Contracting Officer's written order, the Contractor shall proceed with the supervision and inspection services.

(End of clause)

NFC-252-2 - CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Full text is available online at:

https://www.afnafpo.afsv.net/documents/NAF_Standard_Clauses_Incorporated_By_Reference_Full_Text.pdf (NAF Contracting).

(End of clause)

NFC-252-4 - ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows:

n/a n/a

(End of Clause)

NFC-252-6 - AUTHORIZED DEVIATION IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any NAFI 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 NAFI clause with an authorized deviation is indicated by the addition of"(DEVIATION)" after the name of the regulation.

(End of Clause)

CLAUSES INCORPORATED BY REFERENCE

NFC-202-1 Definitions

NFC-203-2 Certificate of Independent Price Determination

NFC-203-3 Gratuities

NFC-203-5 Covenant Against Contingent Fees

NFC-203-7 Anti-Kickback Procedures

NFC-203-8 Cancellation, Recession, and Recovery of Funds for Illegal or Improper Activity

NFC-203-10 Price or Fee Adjustment for Illegal or Improper Activity

NFC-203-11

Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

NFC-203-12 Limitation on Payments to Influence Certain Federal Transactions

NFC-203-13 Contractor Code of Business Ethics and Conduct

NFC-203-16 Preventing Personal Conflicts of Interest.

NFC-203-17

Contractor Employee Whistleblower Rights and Requirement to Inform appraisals

NFC-204-3 Taxpayer Identification

NFC-204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

NFC-204-5 Women-Owned Business (Other Than Small Business)

NFC-204-9 Personal Identity Verification of Contractor Personnel

NFC-204-12 Data Universal Numbering System Number Maintenance

NFC-204-19 Incorporation by Reference of Representations and Certifications

NFC-209-2 Prohibition on Contracting with Inverted Domestic Corporations - Representation.

NFC-209-5 Certification Regarding Responsibility Matters

NFC-209-6

Protecting the NAFI's Interest When Subcontracting with Contractor's Debarred, Suspended, or Proposed for Debarment

NFC-209-9 Updates of Publicly Available Information Regarding Responsibility Matters

NFC-210-1 Market Research

NFC-211-

Commencement, Prosecution, and Completion of Work

NFC-211-13 Time Extensions

NFC-215-2 AUDIT AND RECORDS--NEGOTIATIONS

NFC-215-6 PLACE OF PERFORMANCE

NFC-215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT

NFC-222-1 Notice to the NAFI of Labor Disputes

NFC-222-4 Contract Work Hours and Safety Standards-Overtime Compensation

NFC-222-5 Employment Eligibility Verification.

NFC-222-6 Construction Wage Rate Requirements.

NFC-222-7 Withholding of Funds.

NFC-222-8 Payrolls and Basic Records

NFC-222-9 Apprentices and Trainees.

NFC-222-10 Compliance with Copeland Act Requirements.

NFC-222-11 Subcontracts (Labor Standards)

NFC-222-

Contract Termination- Debarment.

NFC-222-

Compliance with Construction Wage Rate Requirements and Related Regulations

NFC-222-

Disputes Concerning Labor Standards.

NFC-222-

Certification Regarding Knowledge of Child Labor for Listed End Products

NFC-222-

Affirmative Action Compliance

NFC-222-

Employment Reports on Veterans.

NFC-222-

Compliance with Veterans' Employment Reporting Requirements

NFC-

222-40

Notification of Employee Rights Under the National Labor Relations Act.

NFC-

222-48

Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification

NFC-

222-52

Exemption from Application of the Service Contract Labor Standards to Contracts for Services-Certification.

NFC-

223-1

Biobased Product Certification

NFC-

223-2

Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

NFC-

223-3

Hazardous Material Identification and Material Safety Data

NFC-

223-4

Recovered Material Certification

NFC-

223-6

Drug-Free Workplace.

NFC-

223-9

Estimate of Percentage of Recovered Material Content for EPA - Designated Items

NFC-

223-10

Waste Reduction Program.

NFC-

223-15

Energy Efficiency in Energy-Consuming Products

NFC-

223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

NFC-

223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

NFC-

224-1 Privacy Act Notification.

NFC-

224-2

Privacy Act.

NFC-

225-2

Buy American Act Certificate

NFC-

225-4 Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate

NFC-

225-6

Trade Agreements Certificate

NFC-

225-13 Restrictions on Certain Foreign Purchases

NFC-

225-20 Prohibition on Conducting Restricted Business Operations in Sudan-Certification

NFC-

225-25

Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications

NFC-

226-2 Historically Black College or University and Minority Institution Representation

NFC-

227-1 Authorization and Consent.

NFC-

227-2 Notice and Assistance Regarding Patent and Copyright Infringement.

NFC-

227-4 Patent Indemnity- Construction Contracts.

NFC-

227-6 Royalty Information

NFC-

227-15

Representation of Limited Rights Data and Restricted Computer Software

NFC-

228-2 Additional Bond Security.

NFC-

228-5 Insurance-Work on a NAFI Installation.

228-11 Pledges of Assets

NFC-

228-12 Prospective Subcontractor Requests for Bonds.

NFC-

228-14 Irrevocable Letter of Credit.

NFC-

228-15 Performance and Payment Bonds- Construction.

NFC-

229-3 Federal, State, and Local Taxes.

NFC-

232-5 Payments under Fixed-Price Construction Contracts.

NFC-

232-17 Interest.

NFC-

232-

Prompt Payment for Construction Contracts.

NFC-

232-34 Payment by Electronic Funds Transfer - Other than System for Award Management

NFC-

232-39 Unenforceability of Unauthorized Obligations.

NFC-

233-3 Protest after Award.

NFC-

233-4 Applicable Law for Breach of Contract Claim

NFC-

236-2 Differing Site Conditions

NFC-

236-3 Site Investigation and Conditions Affecting the Work.

NFC-

236-5 Material and Workmanship.

NFC-

236-6 Superintendence by the Contractor

236-7 Permits and Responsibilities.

NFC-

236-8 Other Contracts.

NFC-

236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

NFC-

236-10 Operations and Storage Areas.

NFC-

236-11 Use & Possession Prior to Completion.

NFC-

236-12

Cleaning Up.

NFC-

236-13 Accident Prevention.

NFC-

236-14 Availability and Use of Utility Services.

NFC-

236-15 Schedules for Construction Contracts.

NFC-

236-17 Layout of Work.

NFC-

236-21 Specifications and Drawings for Construction.

NFC-

236-26 Preconstruction Conference.

NFC-

236-

Option for Supervision and Inspection Services

NFC-

242-13

Bankruptcy

NFC-

242-14

Suspension of Work

NFC-

243-4 Changes

244-6

Subcontracts for Commercial Items

NFC-

245-1

NAFI Property

NFC-

246-12

Inspection of Construction

NFC-

246-21 Warranty of Construction

NFC-

248-1 Value Engineering--Construction

NFC-

249-1 Termination for Convenience of the NAFI (Fixed-Price) (Short Form)

NFC-

249-10 Default (Fixed-Price Construction)

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.

Dec 2023

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

Nov 2021

52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

Nov 2021

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.222-3 Convict Labor. Jun 2003 52.222-26 Equal Opportunity. Sep 2016 52.222-27 Affirmative Action Compliance Requirements for Construction. Apr 2015 52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. Jan 2022 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2022 52.223-5 Pollution Prevention and Right-to-Know Information. May 2024 52.223-10 Waste Reduction Program. (DEVIATION 2025-O0004) May 2024 Deviation 2025-O0004 Mar 2025 52.223-21 Foams. May 2024 52.223-23 Sustainable Products and Services. May 2024 52.223-23 Sustainable Products and Services. (DEVIATION 2025-O0004) May 2024 Deviation 2025-O0004 Mar 2025 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.233-3 Protest after Award. Aug 1996

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024 252.225-7048 Export-Controlled Items. Jun 2013 252.232-7010 Levies on Contract Payments. Dec 2006

FAR Clauses Incorporated by Full Text

52.211-10 Commencement, Prosecution, and Completion of Work. (Apr 1984)

As prescribed in , insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be 11.404(b) 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 calendar days after the date the Contractor receives the notice to proceed, (b) 10 prosecute the work diligently, and (c) complete the entire work ready for use not later than .* The time stated for completion shall include final 150 calendar days cleanup of the premises.

* 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)

52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than Commercial Products and Commercial Services). (DEVIATION 2025-O0003 and 2025-O0004) (Jan 2025) Deviation 2025-O0004 (Mar 2025)

Terms and Conditions-Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (MAR 2025) (DEVIATION 2025-O0003 and 2025- )O0004

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

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

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII, of the (Jan 2017) Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Section (Dec 2023) 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(a)(1)(A) of Pub. (Nov 2021) L. 115-232).

(iv) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328), unless the agency grants an exception - (Jun 2023) see paragraph (b) of 52.204-27.

(v) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)

(vi) 52.222-3, Convict Labor (E.O.11755).(Jun 2003)

(vii) [Reserved]

(viii) [Reserved]

(ix) 52.225-13, Restrictions on Certain Foreign Purchases ( ) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of Feb 2021 the Department of the Treasury).

(x) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. 3903 and 10 U.S.C. 3801).(Mar 2023)

(xi) A 52.233-3, Protest After Award (31 U.S.C. 3553).(Aug 1996)

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

(2) Listed below are additional clauses that apply:

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

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

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

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

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

(vi) 52.233-1, Disputes .(May 2014)

(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services .(Jan 2025)

(viii) A 52.253-1, Computer Generated Forms .(Jan 1991)

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

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

(i) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or (Nov 2023) applicable elements of the intelligence community-see FAR 3.900(a).

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

(iii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase (Jan 2025) threshold, as defined in 2.101 on the date of award of this contract).

(iv) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (41 U.S.C. chapter (Jun 2020)

65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S.

Virgin Islands).

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

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

(vii) 52.222-37, Employment Reports on Veterans (38A U.S.C.A 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(Jun 2020)

(a) on the date of award of this contract).

(viii) 52.222-41, Service Contract Labor Standards (41A U.S.C.A chapterA 67) (Applies to service contracts over $2,500 that are subject to the Service (Aug 2018) Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(ix)

(A) 52.222-50, Combating Trafficking in Persons (22A U.S.C.A chapterA 78 and E.O. 13627) (Applies to all solicitations and contracts).(Nov 2021)

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

(x) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Applies when 52.222-6 or 52.222-41 are in the contract and (Jan 2022) performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.

(xi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance (Jan 2022) in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xii) 52.223-5, Pollution Prevention and Right-to-Know Information (42 U.S.C. 11001-11050 and 13101-13109) (Applies to services performed on (May 2024) Federal facilities).

(xiii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ) (Applies to contracts (May 2024) et seq.

for products as prescribed at FAR 23.109(d)(1)).

(xiv) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, ) (Applies to (May 2024) et seq.

maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xv) 52.223-20, Aerosols (42 U.S.C. 7671, ) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons (May 2024) et seq.

as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (42 U.S.C. 7671, ) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons (May 2024) et seq.

or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004)) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C.

7671l) (Applies to contracts when the agency identifies in the statement of work, or elsewhere in the contract, the sustainable products and services that apply to the acquisition).

(xviii)

(A) 52.225-1, Buy American-Supplies (41 U.S.C.A chapterA 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing (Oct 2022) of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in 2.101 on the date of award of this contract, and the acquisition-

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

(2) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $50,000).

(B) (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of Alternate I performance. Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of in paragraph (a) of 52.225-1: domestic end product

(A) The cost of its components mined, produced, or manufactured in the United States exceeds percent of the cost of all its components. [ ____ Contracting officer

])to insert the percentage per instructions at 13.302-5(d)(4).

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

(xx) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Applies when the payment will be made by electronic funds (Oct 2013) transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

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

(xxii) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305)(Applies to supplies transported by ocean vessels (Nov 2021) (except for the types of subcontracts listed at 47.504(d)).

(xxiv) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (49 U.S.C. 40118(g)). (Applies to (Jan 2025) contracts with a U.S.-flag carrier for the transportation by air of passengers; does not apply to contracts awarded by the Department of Defense or contracts for commercial products).

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

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Applies to contracts when the contractor or a subcontractor at any tier (Nov 2021) may have Federal contract information residing in or transiting through its information system.)

(ii) 52.209-6, Protecting the NAFI's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).2025)

(iii) 52.211-17, Delivery of Excess Quantities ( ) (Applies to fixed-price supplies).Sept 1989

(iv) 52.247-29, F.o.b. Origin (Applies to supplies if delivery is f.o.b. origin).(Feb 2006)

(v) 52.247-34, F.o.b. Destination ( ) (Applies to supplies if delivery is f.o.b. destination).Jan 1991

(c) . This contract incorporates one or more clauses by reference, with the same force and effect as FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998) 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):

___www.acquisition.gov

(d) . The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The NAFI reserves the Inspection/Acceptance right to inspect or test any supplies or services that have been tendered for acceptance. The NAFI may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The NAFI must exercise its post acceptance rights-

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) . The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor Excusable delays and without its fault or negligence, such as acts of God or the public enemy, acts of the NAFI in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) . NAFI reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such Termination for the NAFI's convenience termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the NAFI, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give NAFI any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) . NAFI may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to Termination for cause comply with any contract terms and conditions, or fails to provide NAFI, upon request, with adequate assurances of future performance. In the event of termination for cause, NAFI shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to NAFI for any and all rights and remedies provided by law. If it is determined that NAFI improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) . The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this Warranty contract.

(End of clause)

52.228-13 Alternative Payment Protections. (Jul 2000)

As prescribed in , insert the following clause:28.102-3(b)

Alternative Payment Protections (July 2000)

The Contractor shall submit one of the following payment protections:(a)

1. payment bond, 2. irrevocable letter of credit, 3. trupartite escrow agreement

The amount of the payment protection shall be 100 percent of the contract price.(b)

The submission of the payment protection is required within days of contract award.(c) 10

The payment protection shall provide protection for the full contract performance period plus a one-year period.(d)

Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under (e) the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.(f)

(End of clause)

52.232-27 Prompt Payment for Construction Contracts. (Jan 2017)

As prescribed in , insert the following clause:32.908(b)

Prompt Payment for Construction Contracts (Jan 2017)

Notwithstanding any other payment terms in this contract, will make invoice payments under the terms and conditions specified in this clause. NAFI NAFI considers payment as being made on the day a check is dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a)(3) concerning payments due on Saturdays, Sundays, and legal holidays.)

Invoice payments-(a)

. For purposes of this clause, there are several types of invoice payments that may occur under this contract, as follows:(1) Types of invoice payments

Progress payments, if provided for elsewhere in this contract, based on Contracting Officer approval of the estimated amount and value of work or services (i) performed, including payments for reaching milestones in any project.

The due date for making such payments is 14 days after the designated billing office receives a proper payment request. If the designated billing office fails to (A) annotate the payment request with the actual date of receipt at the time of receipt, the payment due date is the 14th day after the date of the Contractor's payment request, provided the designated billing office receives a proper payment request and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

The due date for payment of any amounts retained by the Contracting Officer in accordance with the clause at 52.232-5, Payments Under Fixed-Price (B) Construction Contracts,…