FA441820R0008 2020042803.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

FA441820R0008

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

4/28/2020

PAGE OF PAGES

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER

FA441820B2ELE

6. PROJECT NUMBER

DKGV 14-2085

7. ISSUED BY CODE FA4418 8. ADDRESS OFFER TO

FA4418 628 CONS LGC

101 E HILL BLVD CP 843 963

JOINT BASE CHARLESTON, SC 29404-5021

United States Wilbert Keys, Telephone: 843 963- 5856 Email: wilbert.keys@us.af.mil

FA4418 628 CONS LGC

101 E HILL BLVD

CP 843 963 5155

CHARLESTON AFB, SC 29404-5021

United States

Wilbert Keys, Telephone: 843 963- 5856 Email:

wilbert.keys@us.af.mil

9. FOR INFORMATION

CALL:

a. NAME

Wilbert Keys

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

843 963- 5856

SOLICITATION

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

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

Project Title: Repair Electrical Distribution System, B2 Area

THIS SOLICITATION IS ISSUED AS A 100% HUBZone SET-ASIDE USING TRADE-OFF PROCEDURES AND THE PROVISIONS OF SECTIONS L & M.

The contractor shall provide the labor, equipment, materials, and supervision necessary to complete project number DKGV 14-2085, Repair Electrical Distribution System, B2 Area Joint, Base Charleston – Weapons Station, Goose Creek, SC.

NOTICE TO OFFEROR(S)/SUPPLIER(S): FUNDS ARE NOT PRESENTLY AVAILABLE FOR THIS EFFORT. NO AWARD WILL BE MADE UNDER THIS SOLICITATION UNTIL FUNDS ARE AVAILABLE. THE GOVERNMENT RESERVES THE RIGHT TO CANCEL THIS SOLICITATION, EITHER BEFORE OR AFTER THE CLOSING DATE. IN THE EVENT THE GOVERNMENT CANCELS THIS SOLICITATION, THE GOVERNMENT HAS NO OBLIGATION TO REIMBURSE AN

OFFEROR FOR

ANY COSTS.

Project Magnitude: Between $1,000,000 and $5,000,000.

The Notice to Proceed will be issued within 45 days of award.

NAICS Code: 238210 Size Standard: $16,500,000 DO: C20

Please forward any questions or concerns to: wilbert.keys@us.af.mil

11. The contractor shall begin performance within 10 calendar days and complete it within 270 calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See FAR 52.211-10 ).

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 2:00 PM (hour) local time 5/28/2020

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is, is not required.

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 180 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

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

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

12b. CALENDAR DAYS

YES NO

mailto:wilbert.keys@us.af.mil mailto:wilbert.keys@us.af.mil

AMOUNTS

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

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

CODE FACILITY CODE

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 by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

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.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish 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.

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.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN 31a. NAME OF CONTRACTING OFFICER (Type or print) (Type or print) Robert Melton

Email: robert.melton.6@us.af.mil

Telephone: 673-5173

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

mailto:robert.melton.6@us.af.mil

FA441820R0008

Section A - Solicitation/Contract Form

Section B - Supplies or Services and Prices/Cost

Additional Information/Notes

Item

Supplies/Service

Quantity

Unit

Unit Price

Amount

Repair Electrical distribution, B2 Area.

Various Locations FFP This Project (DKGV 14-2085) consists of the replacement of overhead electrical distribution lines within the B2 Area on Joint Base Charleston, Weapons Station, Goose Creek, SC. In strict accordance w Specifications dated 27 Aug 2019, the Statement of Work dated 22 Sept 2019 and Drawings dated 22 Aug 2019 Firm Fixed Price

1.0

Project

Section C - Description/Specifications/Statement of Work

Requirements

The scope of this project is to provide an overhead primary loop feeder through the area which will improve operational abilities for the facilities in this area. In addition, new pad-mount transformers with underground primary feeds and new underground secondary services will remove a number of overhead primary and secondary runs and improve maintenance and safety on this portion of the system. Most of the small single- phase services will remain overhead and be fed from overhead single-phase transformers.

Buildings with three- phase and single-phase services will be re-worked internally to eliminate the single-phase services. The amount of overhead secondary feeders will be significantly reduced.

See Section J for a list of attachments, including the Specifications, Drawings and Statement of Work.

PERFORMANCE AND PAYMENT BOND REQUIREMENTS (IAW FAR 28.101-2 and FAR 28.102-3)

PROPOSAL BOND: The offeror shall submit a Proposal Bond (Standard Form 24) with good and sufficient surety or sureties acceptable to the Government. Proposal Bond, in the amount of 20 percent (20%) of the proposal price. The Proposal Bond penalty may be expressed in terms of a percentage of the proposal price or may be expressed in dollars and cents.

The contractor shall submit a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25- A) with good and sufficient surety and sureties to the Government within 15 days of award. The penal sum of such bonds will be as follows:

a. PERFORMANCE BOND: The penal sum of the performance bonds shall equal one hundred percent (100%) of the contract price.

b. PAYMENT BOND: The penal sum of the payment bonds shall equal one hundred percent (100%) of the contract price.

BUSINESS LICENSE TAX - SOUTH CAROLINA

In accordance with Contract Clause entitled, "Federal, State and Local Taxes" dated APR 2003/FAR 52.229-3 incorporated by reference, be advised that the Cities of North Charleston, South Carolina and/or Goose Creek South Carolina imposes a business license tax on all contract work within the cities of North Charleston, South Carolina and/or Goose Creek South Carolina. The cities interpret this to include contractors performing work for the United States government within the limits of North Charleston and/or

Goose Creek. Joint Base Charleston - Air Base is included within the City of North Charleston, South Carolina and Joint Base

Charleston - Weapons Station is included within the city limits of Goose Creek. The cost of the license is proportional to the dollar amount of work being executed. Information for the North Charleston City Tax may be obtained by calling 843- 740-2632, and for the Goose Creek City Tax by calling 843-797-6220.

PKI CERTIFICATE FOR PAST PERFORMANCE EVALUATION

Past Performance Evaluations are required on all completed DoD construction contracts. These evaluations are used in past performance evaluations conducted on your future proposals. The evaluations are placed in a computer database called Construction

Contractor Appraisal Support System (CCASS). This system requires the contractor to include their comments in their evaluation.

In order to access the system, it is required that you obtain a PKI (Public Key Infrastructure) certificate. A PKI certificate is software which is purchased from an approved commercial vendor and installed on your computer. Approved vendors are listed at https://www.cpars. csd.disa.mil/main/pki_info.htm under the heading "Approved ECA Vendors". You will be required to purchase an "Identity Certificate" to access the CCASS system or the Past Performance Information Report System (PPIRS), which will contain all past performance evaluations for your firm for any DoD contracts. The average cost for a PKI certificate is about $100 -

$120 per certificate, per year.

REQUIRED INSURANCE (IAW FAR 28.306 (b))

Reference FAR clause 52.228-5 entitled "Insurance..." the Contractor shall, as its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

a. Workman's Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a state which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such state will be satisfactory. The required Workman's Compensation Insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability of $100,000.

b. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

c. Automobile Liability Insurance. The insurance shall be required on the comprehensive form of policy and shall provide bodily liability injury and property damage liability covering the operation of all automobiles used in connection with the performance of this contract. At least the minimum amount of $200,000 per person and

$500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

CONTRACTOR CONSENT TO BACKGROUND CHECKS

The contractor and, as applicable, subcontractor shall not employ persons for work on this contract if such employee is identified as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population, nor shall the contractor or subcontractor employ persons under this contract who have an outstanding criminal warrant, are currently on probation or parole, or are on the state /national Sex Offender Register as identified by south Carolina Law Enforcement Division

(SLED)/National Crime Information Center (NCIC). All contractor and subcontractor personnel must consent to NCIC criminal history background checks. Contractor and subcontractor personnel who do not consent to an NCIC check will be denied access to the installation. Information required to conduct an NCIC check includes: full name, driver's license number, social security number, date of birth of the person entering the installation. The contractor shall provide this information using the 628 SFS/JB

CHS-AB/WS Worksheet for Base Access, "Application for Personnel to Work under Department of Defense Contract at Joint Base

Charleston", and shall submit it in conjunction with the contractor's request for either base or vehicle passes. Completion of a successful NCIC check does not invalidate the requirement for an escort when contractor or subcontractor personnel are working within controlled or restricted areas. Contractors shall ensure their employees and those of their subcontracts have the proper credentials allowing them to work in the United States. Persons later found to be undocumented or illegal aliens will be remanded to the proper authorities. The contractor shall not be entitled to any compensation for delays or expenses associated with complying with the provisions of this provision.

Furthermore, nothing in this provision shall excuse the contractor from proceeding with the contract as required. Badges -

Contractors and subcontractors shall submit the completed and approved JB CHS-AB/WS Worksheet for Base Access, "Application for Personnel to Work Under Department of Defense Contract at Joint Base Charleston" prior to planning to work.

Upon completion of the background check, the employee will report to the installation entry control center, with a photo identification issued by a Federal/State activity, for receipt of a badge with a designation of the area of the base he will be allowed access. Badges will be worn in a visible manner to government personnel at all times. At the conclusion of work for the prime contractor and any subcontractor, all badges will be turned in to the entry control center.

Contractor Registration of Vehicles on Joint Base Charleston - All contractor or contractor employees' vehicles used for the performance of this contract shall comply with all local, state and federal regulations. To register a privately owned/commercial vehicle and obtain a vehicle pass, contractor personnel shall provide a valid driver's license, current vehicle registration, and valid vehicle insurance certificate. Additionally, any pass shall be surrendered to Security Forces upon demand to positively identify a person's need to be on Joint Base Charleston.

Access to Installation During Force Protection Conditions (FPCONs) -

Contractors will be assigned a mission essential designation IAW requirements contained in JBCIDP 31-1, Installation Security

Instruction. Only the installation commander or the unit commander requesting contract support will assign the mission essential designation.

Contractors Working in Controlled or Restricted Areas - The unit requesting contract support will provide escort (s) for contractors at all times when within a controlled area. Contractors shall not escort other contractor employees within controlled or restricted areas. In addition, contractors shall fulfill, maintain, and comply with all security requirements IAW AFI 31-101, The Air Force

Installation Security Program, and command/local directives.

Contractors Responsibilities while Working within Controlled or Restricted Areas - Only contractor personnel with proper authority and qualifications shall enter a controlled or restricted area. Certain facilities require the issuance of an AF Form 1199 or AF Form

1199CD. The government, at any time, may revoke the AF Form 1199. The procedures for the issuance of an AF Form 1199CD are contained in JBCIDP 31-1, Installation Security Instruction. Contractors shall not escort other contractor employees within controlled or restricted areas. In addition, contractors shall fulfill, maintain, and comply with all security requirements contained in

JBCIDP 31-1, Installation Security Instruction.

Access To Government Facilities with Controlled or Restricted Areas - The contractor shall comply with security regulations imposed by the installation commander and/or the agency responsible for the project location. Due to specific mission requirements inherent in the nature of controlled or restricted areas on Joint Base Charleston, the government may direct the contractor to leave the controlled or restricted areas at any given time.

FORCE PROTECTION CONDITIONS

Force Protection Conditions (FPCON) are implemented on the base to increase protective measures in anticipation of, or in response to, the threat of terrorist attack. The DoD FPCON consists of five progressive levels of increasing protective measures.

The circumstances that apply and the purposes of each protective posture are as follows:

(a) FPCON NORMAL: Applies when a general global threat of possible terrorist activity exists and warrants a routine security posture. At a minimum, access control will be conducted at all DoD installations and facilities.

(b) FPCON ALPHA: Applies when there is an increased general threat of possible terrorist activity against personnel or facilities, and the nature and extent of the threat are unpredictable. ALPHA measures must be capable of being maintained indefinitely.

(c) FPCON BRAVO: Applies when an increased or more predictable threat of terrorist activity exists. Sustaining BRAVO measures for a prolonged period may affect operational capability and military-civil relationships with local authorities.

(d) FPCON CHARLIE: Applies when an incident occurs or intelligence is received indicating some form of terrorist action or targeting against personnel or facilities is likely. Prolonged implementation of CHARLIE measures may create hardship and affect the activities of the unit and its personnel.

(e) FPCON DELTA: Applies in the immediate area where a terrorist attack has occurred or when intelligence has been received that terrorist action against a specific location or person is imminent. This FPCON is usually declared as a localized condition. FPCON DELTA measures are not intended to be sustained for an extended duration.

PASSES FOR EMPLOYEES

Requests for passes will be submitted to the CO. These passes will run through the contract completion date (or the period that the employee will be required to be at the job site) and should be turned into the contract administrator upon contract completion. You may also submit a letter to the CO requesting authorization for two contractor employees to sign "temporary" workers onto the base.

The CO will forward the authorization letter to the Dorchester gate where it will be kept on file through the completion of the contract.

a. If work is performed in the airfield, temporary airfield passes must be obtained through the technical inspector.

b. Note that all employees must have a valid identification and Social Security card in order to obtain a base pass.

c. Refer to the Contract Clause 5352.242-9001, Background Checks for Contractor Personnel Requiring Entry

/Access to Installation/Locations (June 2004), for information on required background checks for all workers entering Joint Base

Charleston and North Auxiliary Field.

GREEN PROCUREMENT

The Green Procurement Program (GPP) is a mandatory federal acquisition program that focuses on the purchase and use of environmentally preferable products and services. Many different items are covered by the GPP. Recycled-content products are designated by the Environmental Protection Agency (EPA). "Biobased" products made from renewable plant materials are designated by the Department of Agriculture (USDA). Energy and water efficient products are designated by the Department of

Energy (DOE). GPP also requires us to avoid purchasing Ozone Depleting Substances (ODS) and EPA-designated Priority

Chemicals. Environmentally preferable purchasing (EPP) is a voluntary program, and it encourages the purchase of goods and services that have decreased effects on human health and the environment (compared to the competing goods and serve the same purpose), but are not already required by one of the mandatory GPP elements.

The Environmental Protection Agency (EPA) promulgates this product information via the Federal Register and the World Wide

Web/Internet http://www.epa.gov/cpg/products/htm. Green Procurement is mandated, except when the Contractor can show that the http://www.epa.gov/cpg/products/htm http://www.epa.gov/cpg/products/htm product with recycled content does not meet intended specifications, has excessive cost, or cannot be delivered in time to support the schedule of the contract. If the Contractor is unable to locate a specified product meeting the GPP requirement, identify the issue to the Contracting Officer's Technical Representative for guidance. GPP is based on legal requirements and the Department of

Defense facilities are subject to enforcement action if these requirements are ignored.

(End of Section C)

Section D - Packaging and Marking

PAGE 10 OF

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-12 Inspection of Construction. 1996-08

0001 Inspection and Acceptance Location Both Destination Instructions: CE POC must approve all Progress Reports before contractor may invoice.

DoDAAC: F1M3E3

Cage:

DunsNumber:

Duns4Number:

CountryCode:

USA

628 CES CEO

AF BPN NO MILSBILLS

PROCESSES 100 W STEWART

AVE RM 116

JOINT BASE CHARLESTON, SC 29404 4827

United States

OfficeCode:

Lawrence Pearl Telephone: 843-794-7747 Email:

lawrence.pearl@us.af.mil mailto:Email:%20lawrence.pearl@us.af.mil mailto:Email:%20lawrence.pearl@us.af.mil

PAGE 11 OF

Section F - Deliveries or Performance

0001 Delivery Schedule Ship To Address

Delivery Schedule

From date of lead time event to completion of performance 270 Calendar Days Date of Notice to Proceed Receipt

Ship To DoDAAC: F1M3E3

Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

628 CES CEO

AF BPN NO MILSBILLS PROCESSES

100 W STEWART AVE RM 116

JOINT BASE CHARLESTON, SC 29404 4827

United States

OfficeCode:

Lawrence Pearl Telephone:

843-794-4296 Email: lawrence.pearl@us.af.mil mailto:Email:%20%20lawrence.pearl@us.af.mil

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

252.201-7000 Contracting Officer's Representative 1991-12 252.204-7006 Billing Instructions. 2005-10 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports.

2018-12

252.236-7000 Modification Proposals--Price Breakdown 1991-12

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(2) 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 WorkFlow (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.

(3) 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.

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

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

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

(5) 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/

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

(7) 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:

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

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

• For fixed price line items-

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

• For services that do not require shipment of a deliverable, submit the Invoice 2 in 1, which meets the requirements for the invoice and receiving report.

• For customary progress payments based on costs incurred, submit a progress payment request.

• For performance based payments, submit a performance based payment request.

• For commercial item financing, submit a commercial item financing request.

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

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

(iii) 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 FA4418 Admin DoDAAC FA4418 Inspect By DoDAAC F1M3E2 Ship To Code F1M3E2

Ship From Code Not Applicable

Mark For Code Not Applicable Service Approver (DoDAAC) Not Applicable Service Acceptor (DoDAAC) F1M3E2 Accept at Other DoDAAC Not Applicable LPO DoDAAC Not Applicable DCAA Auditor DoDAAC Not Applicable Other DoDAAC(s) Not Applicable

(iv) 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.

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

(b) WAWF point of contact.

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

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

(End of clause)

Section H - Special Contract Requirements

Section I - Contract Clauses

52.203-5 Covenant Against Contingent Fees. 2014-05 52.203-7 Anti-Kickback Procedures 2014-05 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights.

2016-07

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

2017-01

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

2017-01

52.204-13 System for Award Management Maintenance. 2018-10 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. 2018-07

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.216-24 Limitation of Government Liability. 1984-04 52.216-25 Contract Definitization. 2010-10 52.216-25 Alt 1 Contract Definitization. 2011-11 52.219-1 Small Business Program Representations. 2020-03 52.219-3 Notice of HUBZone Set-Aside or Sole Source Award. 2011-11 52.219-6 Notice of Total Small Business Set-Aside. 2011-11 52.219-13 Notice of Set-Aside of Orders. 2011-11 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.222-50 Combating Trafficking in Persons. 2019-01 52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.223-19 Compliance with Environmental Management Systems. 2011-05 52.223-21 Foams. 2016-06 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran-Representation and Certifications.

2018-08

52.228-2 Additional Bond Security. 1997-10 52.228-11 Pledges of Assets. 2018-08 52.228-14 Irrevocable Letter of Credit. 2014-11 52.232-8 Discounts for Prompt Payment. 2002-02 52.232-11 Extras. 1984-04 52.232-27 Prompt Payment for Construction Contracts. 2017-01 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1 Disputes. 2014-05 52.233-2 Service of Protest. 2006-09 52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.236-2 Differing Site Conditions. 1984-04 52.236-3 Site Investigation and Conditions Affecting the Work. 1984-04 52.236-5 Material and Workmanship. 1984-04 52.236-6 Superintendence by the Contractor. 1984.04 52.236-7 Permits and Responsibilities. 1991-11 52.236-8 Other Contracts. 1984-04 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements.

1984-04

52.236-10 Operations and Storage Areas. 1984-04 52.236-11 Use and Possession Prior to Completion. 1984-04 52.236-12 Cleaning Up. 1984-04 52.236-13 Accident Prevention. 1991-11 52.236-15 Schedules for Construction Contracts. 1984-04 52.236-17 Layout of Work. 1984-04 52.236-21 Specifications and Drawings for Construction. 1997-02 52.236-26 Preconstruction Conference.

52.236-28 Preparation of Proposals-Construction. 1997-10 52.242-14 Suspension of Work. 1984-04

252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident

Reporting.

2019-12

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous

Materials.

2014-09

252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 252.225-7048 Export-Controlled Items. 2013-06 252.232-7010 Levies on Contract Payments. 2006-12 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.244-7000 Subcontracts for Commercial Items 2013-06 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military

Operations.

2010-10

FAR Clauses Incorporated by Full Text

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02

As prescribed in 9.104-7 (d), insert the following provision:

REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION

UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-

• Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

• Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that-

• It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

• It is is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.211-10 Commencement, Prosecution, and Completion of Work. 1984-04

As prescribed in 11.404(b), 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 10 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 450 days thereafter. The time stated for completion shall include final cleanup of the premises.

52.211-12 Liquidated Damages-Construction. 2000-09

As prescribed in 11.503(b), insert the following clause in solicitations and contracts: Liquidated Damages-Construction (Sept 2000)

* If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $222.00 for each calendar day of delay until the work is completed or accepted.

* If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.222-26 Equal Opportunity. 2016-09

As prescribed in 22.810(e), insert the following clause:

EQUAL OPPORTUNITY (SEPT 2016)

• Definition. As used in this clause.

"Compensation" means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.

"Compensation information" means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.

"Essential job functions" means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if-

• The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or

• The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.

"Gender identity" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

"Sexual orientation" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

"United States," means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

• (1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the

United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.

(2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).

(c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5.

(a) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to-

• Employment;

• Upgrading;

• Demotion;

• Transfer;

• Recruitment or recruitment advertising;

• Layoff or termination;

• Rates of pay or other forms of compensation; and

• Selection for training, including apprenticeship.

(b) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.

(c) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html gender identity, or national origin.

(d) (i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

(a) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by-

(1) Incorporation into existing employee manuals or handbooks; and

(2) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment.

(e) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

(f) The Contractor shall comply with Executive Order11246, as amended, and the rules, regulations, and orders of the Secretary of

Labor.

(g) The Contractor shall furnish to the contracting agency all information required by Executive Order11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form100 (EEO-1), or any successor form, as prescribed in 41 CFR Part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.

(h) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order11246, as amended, and rules and regulations that implement the Executive Order.

(i) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

(j) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.

(k) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

• Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR

60-1.

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

As prescribed in 25.1102(a), insert the following clause:

BUY AMERICAN-CONSTRUCTION MATERIALS (MAY 2014)

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

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

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

• Sold in substantial quantities in the commercial marketplace; and

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

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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

"Cost of components means"-

(2) 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

(3) 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-

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

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

(A) 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

(B) The construction material is a COTS item.

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

(b) Domestic preference. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item.

(See FAR 12.505(a) (2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b) (2) and (b) (3) of this clause.

(a) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: None

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

• 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;

• 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

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

(c) Request for determination of inapplicability of the Buy American statute. (1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

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

(b) Unit of measure;

(c) Quantity;

(d) Price;

(e) Time of delivery or availability;

(f) Location of the construction project;

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

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

(a) 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.

(b) 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).

(c) 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.