Atch 0 - Solicitation Amendment - FA449725R00070001.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

Created On:

05 Mar 2025, 13:19 PM Central Standard Time

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 FY25 Airfield Striping and Rubber Removal

Product Service Code: Y1BD

FA449725R00070001

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

Item Supplies / Services Quantity Unit Unit Price Amount

FY25 Airfield Striping & rubber Removal - Remove paint and rubber and to stripe Dover AFB Airfield as well as other heavy-duty pavement striping applications.

Product Service Code: Y1BD Pricing Arrangement: Firm Fixed Price

1 Lot

Section C - Description/Specifications/Statement of Work

Requirements The project consists of providing all labor, materials, and equipment necessary to remove paint and rubber and to stripe Dover AFB Airfield as well as other heavy-duty pavement striping applications.

Repaint existing and paint new pavement markings in accordance with the statement of work and the applicable drawings. A maximum of 290,000 SF of striping (225,000 SF Reflective, 65,000 SF-non-reflective) shall be accomplished by the Contractor based on a priority list to be provided by the Contracting Officer just prior the Contractor performing the work. The Contractor shall remove built up and flaking markings as required up to a maximum of 12,000 SF. The contractor may propose to use either Type I or Type III beads in the reflective markings.

Rubber removal is required as part of this contract. The work specified by this section consists of furnishing all labor, equipment, tools, appliances, and materials required to remove 85% of the rubber build up from 100% of the rubber covered within a designated area of runway (area approximately 2500 LF x 65 LF x 3 Runway ends) . The rubber removal is to be completed without damage to the pavement surface, joints, and joint and crack seals, or any other government property. The determination of the 85% removal shall be accomplished by the test described in Paragraph 1.2.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.246-12 Inspection of Construction. Aug 1996 Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) for Acceptance/inspection criteria.

DoDAAC: F1Q3FQ CountryCode: USA

436 CES

AF BPN NO MILSBILLS PROCESSES, 600 CHEVRON ST 2ND FL

DOVER AFB, DE 19902-5600

UNITED STATES

Mr. Earl Waller Email: earl.waller@us.af.mil Telephone: 302-363-1559

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 365 Calendar Days Date of Notice to Proceed Receipt

1 Lot Place of Performance DoDAAC: F1Q3FQ CountryCode: USA

436 CES

AF BPN NO MILSBILLS PROCESSES, 600 CHEVRON ST 2ND

FL

DOVER AFB, DE 19902-5600

UNITED STATES

Mr. Earl Waller Email: earl.waller@us.af.mil Telephone: 302-363-1559

Period of Performance From 11 Apr 2025 To 10 Apr 2026

Section H - Special Contract Requirements

Section I - Contract Clauses Supplemental Clauses Incorporated by Full Text

5352.201-9101 Ombudsman (Jul 2023)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, <>. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.

(End of clause)

5352.223-9001 Health and Safety on Government Installations (Jul 2023)

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

(End of clause)

DOCUMENT NUMBER

FA449725R0007

CLAUSES INCORPORATED BY REFERENCE

CLAUSE

NO

ALT NO/

DEV NO

CLAUSE TITLE YEAR-

MO

SECTION

252.201-7000 Contracting Officer's Representative. 1991-12 SEC G

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09 SEC I

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense- Contract-Related Felonies.

2023-01 SEC I

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2022-12 SEC I

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

2022-09 SEC K

252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10 SEC K

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2024-05 SEC I

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

2021-05 SEC K

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

2023-01 SEC I

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. 2023-11 SEC L 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. 2023-11 SEC I 252.204-7024 Notice on the Use of the Supplier Performance Risk System. 2023-03 SEC L

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

2019-05 SEC I

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

2023-01 SEC L

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

2014-09 SEC I

252.223-7008 Prohibition of Hexavalent Chromium. 2023-01 SEC I 252.225-7048 Export-Controlled Items. 2013-06 SEC I

252.225-7055 Representation Regarding Business Operations with the Maduro Regime.

2022-05 SEC K

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

2023-01 SEC I

252.226-7003 Drug-Free Work Force. 2024-08 SEC I

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

2018-12 SEC G

252.232-7010 Levies on Contract Payments. 2006-12 SEC I 252.236-7000 Modification Proposals--Price Breakdown. 1991-12 SEC G

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.

2023-01 SEC I

252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.243-7002 Requests for Equitable Adjustment. 2022-12 SEC I

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11 SEC I

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations.

2010-10 SEC I

52.202-1 Definitions. 2020-06 SEC I 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. 2014-05 SEC I

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

2020-06 SEC I

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

2017-01 SEC I

52.203-3 Gratuities. 1984-04 SEC I 52.203-5 Covenant Against Contingent Fees. 2014-05 SEC I 52.203-6 Restrictions on Subcontractor Sales to the Government. 2020-06 SEC I 52.203-7 Anti-Kickback Procedures. 2020-06 SEC I

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

2014-05 SEC I

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards.

2020-06 SEC I

52.204-13 System for Award Management Maintenance. 2018-10 SEC I 52.204-16 Commercial and Government Entity Code Reporting. 2020-08 SEC L 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 SEC I

52.204-19 Incorporation by Reference of Representations and Certifications.

2014-12 SEC I

52.204-22 Alternative Line Item Proposal. 2017-01 SEC L

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab Covered Entities.

2023-12 SEC I

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

2021-11 SEC K

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

2021-11 SEC I

52.204-27 Prohibition on a ByteDance Covered Application. 2023-06 SEC I

52.204-29 Federal Acquisition Supply Chain Security Act Orders- Representation and Disclosures.

2023-12 SEC K

52.204-7 System for Award Management. 2024-11 SEC L

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

2015-11 SEC I

52.209-13 Violation of Arms Control Treaties or Agreements- Certification.

2021-11 SEC K

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

2025-01 SEC I

52.211-18 Variation in Estimated Quantity. 1984-04 SEC F 52.214-34 Submission of Offers in the English Language. 1991-04 SEC L 52.214-35 Submission of Offers in U.S. Currency. 1991-04 SEC L 52.215-15 Pension Adjustments and Asset Reversions. 2010-10 SEC I

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions.

2005-07 SEC I

52.215-2 Audit and Records-Negotiation. 2020-06 SEC I 52.215-8 Order of Precedence-Uniform Contract Format. 1997-10 SEC I 52.215-9 Changes or Additions to Make-or-Buy Program. 1997-10 SEC I 52.219-8 Utilization of Small Business Concerns. 2025-01 SEC I 52.222-1 Notice to the Government of Labor Disputes. 1997-02 SEC I 52.222-10 Compliance with Copeland Act Requirements. 1988-02 SEC I 52.222-11 Subcontracts (Labor Standards). 2014-05 SEC I 52.222-12 Contract Termination-Debarment. 2014-05 SEC I

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations.

2014-05 SEC I

52.222-14 Disputes Concerning Labor Standards. 1988-02 SEC I 52.222-15 Certification of Eligibility. 2014-05 SEC I 52.222-21 Prohibition of Segregated Facilities. 2015-04 SEC I 52.222-26 Equal Opportunity. 2016-09 SEC I

52.222-27 Affirmative Action Compliance Requirements for Construction.

2015-04 SEC I

52.222-3 Convict Labor. 2003-06 SEC I 52.222-35 Equal Opportunity for Veterans. 2020-06 SEC I 52.222-36 Equal Opportunity for Workers with Disabilities. 2020-06 SEC I 52.222-37 Employment Reports on Veterans. 2020-06 SEC I

52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work.

2014-05 SEC L

52.222-50 Combating Trafficking in Persons. 2021-11 SEC I 52.222-54 Employment Eligibility Verification. 2025-01 SEC I

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026.

2022-01 SEC I

52.222-6 Construction Wage Rate Requirements. 2018-08 SEC I 52.222-62 Paid Sick Leave Under Executive Order 13706. 2022-01 SEC I 52.222-7 Withholding of Funds. 2014-05 SEC I 52.222-8 Payrolls and Basic Records. 2021-07 SEC I 52.222-9 Apprentices and Trainees. 2005-07 SEC I 52.223-21 Foams. 2024-05 SEC I 52.223-23 Sustainable Products and Services. 2024-05 SEC I 52.223-5 Pollution Prevention and Right-to-Know Information. 2024-05 SEC I 52.225-10 Notice of Buy American Requirement-Construction Materials. 2014-05 SEC M 52.225-13 Restrictions on Certain Foreign Purchases. 2021-02 SEC I 52.226-7 Drug-Free Workplace. 2024-05 SEC I

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.

2024-05 SEC I

52.228-5 Insurance-Work on a Government Installation. 1997-01 SEC I

52.229-11 Tax on Certain Foreign Procurements-Notice and Representation.

2020-06 SEC K

52.229-12 Tax on Certain Foreign Procurements. 2021-02 SEC I 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments). 2013-02 SEC I 52.232-17 Interest. 2014-05 SEC I 52.232-23 Assignment of Claims. 2014-05 SEC I

52.232-33 Payment by Electronic Funds Transfer-System for Award Management.

2018-10 SEC I

52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 SEC I

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03 SEC I

52.233-1 Disputes. 2014-05 SEC I 52.233-3 Protest after Award. 1996-08 SEC I 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I 52.236-10 Operations and Storage Areas. 1984-04 SEC I 52.236-11 Use and Possession Prior to Completion. 1984-04 SEC I 52.236-12 Cleaning Up. 1984-04 SEC I 52.236-13 Accident Prevention. 1991-11 SEC I 52.236-15 Schedules for Construction Contracts. 1984-04 SEC I 52.236-2 Differing Site Conditions. 1984-04 SEC I 52.236-21 Specifications and Drawings for Construction. 1997-02 SEC I 52.236-28 Preparation of Proposals-Construction. 1997-10 SEC L 52.236-3 Site Investigation and Conditions Affecting the Work. 1984-04 SEC I 52.236-5 Material and Workmanship. 1984-04 SEC I 52.236-6 Superintendence by the Contractor. 1984-04 SEC I 52.236-7 Permits and Responsibilities. 1991-11 SEC I 52.236-8 Other Contracts. 1984-04 SEC I

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

1984-04 SEC I

52.242-13 Bankruptcy. 1995-07 SEC I 52.242-14 Suspension of Work. 1984-04 SEC I 52.243-4 Changes. 2007-06 SEC I 52.244-5 Competition in Subcontracting. 2024-08 SEC I

52.244-6 Subcontracts for Commercial Products and Commercial Services.

2025-01 SEC I

52.246-12 Inspection of Construction. 1996-08 SEC E 52.247-34 F.o.b. Destination. 1991-11 SEC F 52.249-10 Default (Fixed-Price Construction). 1984-04 SEC I 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 SEC I

52.249-4 Termination for Convenience of the Government (Services) (Short Form).

1984-04 SEC I

52.232-28 Invitation to Propose Performance-Based Payments. 2000-03 SEC L

52.204-26 Covered Telecommunications Equipment or Services- Representation.

2020-10 SEC K

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and

Certifications.

2020-06 SEC K

CLAUSES IN FULL TEXT

CLAUSE

NO

ALT NO/

DEV NO

CLAUSE TITLE YEAR-

MO

CLAUSE TEXT

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act.

2010-12

As prescribed in , insert the following clause:22.1605

Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

During the term of this contract, the Contractor shall post an employee notice, of such size and in (a) such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR471.2 (d) and (f).

Physical posting of the employee notice shall be in conspicuous places in and about the (1) Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

If the Contractor customarily posts notices to employees electronically, then the Contractor shall (2) also post the required notice electronically by displaying prominently, on any website that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's website that contains the full text of the poster. The link to the Department's website, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."

This required employee notice, printed by the Department of Labor, may be-(b)

Obtained from the Division of Interpretations and Standards, Office of Labor-Management (1) Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

Provided by the Federal contracting agency if requested;(2)

Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov(3) /olms/regs/compliance/EO13496.htm; or

Reproduced and used as exact duplicate copies of the Department of Labor's official poster.(4)

The required text of the employee notice referred to in this clause is located at Appendix A,(c) Subpart A, .29 CFR Part 471

The Contractor shall comply with all provisions of the employee notice and related rules,(d) regulations, and orders of the Secretary of Labor.

In the event that the Contractor does not comply with the requirements set forth in paragraphs (a)(e) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with and subpart 9.4. Such other 29 CFR 471.14 sanctions or remedies may be imposed as are provided by , which implements Executive 29 CFR part 471 Order 13496 or as otherwise provided by law.

Subcontracts.(f)

The Contractor shall include the substance of this clause, including this paragraph (f), in every(1) subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

The Contractor shall not procure supplies or services in a way designed to avoid the applicability(2) of Executive Order 13496 or this clause.

The Contractor shall take such action with respect to any such subcontract as may be directed by(3) the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.

However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened(4) with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(End of clause)

52.232-27 Prompt Payment for Construction Contracts. 2017-01

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, the Government will make invoice payments under the terms and conditions specified in this clause. The Government 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(1) Types of invoice payments that may occur under this contract, as follows:

Progress payments, if provided for elsewhere in this contract, based on Contracting Officer(i) approval of the estimated amount and value of work or services 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 (A) proper payment request. If the designated billing office fails to annotate the payment request with the actual date of receipt at the time of receipt, the payment due date is the 14 thday 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 (B) the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, is as specified in the contract or, if not specified, 30 days after approval by the Contracting Officer for release to the Contractor.

Final payments based on completion and acceptance of all work and presentation of release of all (ii) claims against the Government arising by virtue of the contract, and payments for partial deliveries that have been accepted by the Government ( each separate building, public work, or other division of the e.g., contract for which the price is stated separately in the contract).

The due date for making such payments is the later of the following two events:(A)

The 30 thday after the designated billing office receives a proper invoice from the Contractor.(1)

The 30 thday after Government acceptance of the work or services completed by the Contractor. (2) For a final invoice when the payment amount is subject to contract settlement actions ( release of e.g., claims), acceptance is deemed to occur on the effective date of the contract settlement.

If the designated billing office fails to annotate the invoice with the date of actual receipt at the (B) time of receipt, the invoice payment due date is the 30 thday after the date of the Contractor's invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

. The Contractor shall prepare and submit invoices to the designated billing (2) Contractor's invoice office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of this clause. If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt, with the reasons why it is not a proper invoice.

When computing any interest penalty owed the Contractor, the Government will take into account if the Government notifies the Contractor of an improper invoice in an untimely manner.

Name and address of the Contractor.(i)

Invoice date and invoice number. (The Contractor should date invoices as close as possible to the (ii) date of mailing or transmission.)

Contract number or other authorization for work or services performed (including order number (iii) and line item number).

Description of work or services performed.(iv)

Delivery and payment terms ( discount for prompt payment terms).(v) e.g., Name and address of Contractor official to whom payment is to be sent (must be the same as that (vi) in the contract or in a proper notice of assignment).

Name (where practicable), title, phone number, and mailing address of person to notify in the (vii) event of a defective invoice.

For payments described in paragraph (a)(1)(i) of this clause, substantiation of the amounts (viii) requested and certification in accordance with the requirements of the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts.

Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only(ix) if required elsewhere in this contract.

Electronic funds transfer (EFT) banking information.(x)

The Contractor shall include EFT banking information on the invoice only if required elsewhere(A) in this contract.

If EFT banking information is not required to be on the invoice, in order for the invoice to be a(B) proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision ( 52.232-38, Submission of Electronic Funds Transfer e.g., Information with Offer), contract clause ( 52.232-33, Payment by Electronic Funds Transfer-System e.g., for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

EFT banking information is not required if the Government waived the requirement to pay by(C)

EFT.

Any other information or documentation required by the contract.(xi)

. The designated payment office will pay an interest penalty automatically, without(3) Interest penalty request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(3)(i) through (a)(3)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty.

The designated billing office received a proper invoice.(i)

The Government processed a receiving report or other Government documentation authorizing(ii) payment and there was no disagreement over quantity, quality, Contractor compliance with any contract term or condition, or requested progress payment amount.

In the case of a final invoice for any balance of funds due the Contractor for work or services(iii) performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.

. The Government will compute the interest penalty in accordance with(4) Computing penalty amount the Office of Management and Budget prompt payment regulations at .5 CFR Part 1315

For the sole purpose of computing an interest penalty that might be due the Contractor for(i) payments described in paragraph (a)(1)(ii) of this clause, Government acceptance or approval is deemed to occur constructively on the 7 thday after the Contractor has completed the work or services in accordance with the terms and conditions of the contract. If actual acceptance or approval occurs within the constructive acceptance or approval period, the Government will base the determination of an interest penalty on the actual date of acceptance or approval. Constructive acceptance or constructive approval requirements do not apply if there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. These requirements also do not compel Government officials to accept work or services, approve Contractor estimates, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

The prompt payment regulations at 5 CFR1315.10(c) do not require the Government to pay(ii) interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes, and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes.

. The designated payment office will pay an interest penalty(5) Discounts for prompt payment automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at .5 CFR Part 1315

Additional interest penalty.(6)

The designated payment office will pay a penalty amount, calculated in accordance with the(i) prompt payment regulations at in addition to the interest penalty amount only if-5 CFR Part 1315

The Government owes an interest penalty of $1 or more;(A)

The designated payment office does not pay the interest penalty within 10 days after the date the(B) invoice amount is paid; and

The Contractor makes a written demand to the designated payment office for additional penalty(C) payment, in accordance with paragraph (a)(6)(ii) of this clause, postmarked not later than 40 days after the date the invoice amount is paid.

(ii)

The Contractor shall support written demands for additional penalty payments with the following(A) data. The Government will not request any additional data. The Contractor shall-

Specifically assert that late payment interest is due under a specific invoice, and request payment(1) of all overdue late payment interest penalty and such additional penalty as may be required;

Attach a copy of the invoice on which the unpaid late payment interest was due; and(2)

State that payment of the principal has been received, including the date of receipt.(3)

If there is no postmark or the postmark is illegible-(B)

The designated payment office that receives the demand will annotate it with the date of receipt(1) provided the demand is received on or before the 40 thday after payment was made; or

If the designated payment office fails to make the required annotation, the Government will(2) determine the demand's validity based on the date the Contractor has placed on the demand, provided such date is no later than the 40 thday after payment was made.

. If this contract provides for contract financing, the Government will(b) Contract financing payments make contract financing payments in accordance with the applicable contract financing clause.

. The Contractor shall include in each subcontract for property or(c) Subcontract clause requirements services (including a material supplier) for the purpose of performing this contract the following:

. A payment clause that obligates the Contractor to pay the(1) Prompt payment for subcontractors subcontractor for satisfactory performance under its subcontract not later than 7 days from receipt of payment out of such amounts as are paid to the Contractor under this contract.

. An interest penalty clause that obligates the Contractor to pay to the(2) Interest for subcontractors subcontractor an interest penalty for each payment not made in accordance with the payment clause-

For the period beginning on the day after the required payment date and ending on the date on(i) which payment of the amount due is made; and

Computed at the rate of interest established by the Secretary of the Treasury, and published in the(ii) , for interest payments under 41 U.S.C. 7109 in effect at the time the Contractor accrues Federal Register the obligation to pay an interest penalty.

. A clause requiring each subcontractor to-(3) Subcontractor clause flowdown

Include a payment clause and an interest penalty clause conforming to the standards set forth in (i) paragraphs (c)(1) and (c)(2) of this clause in each of its subcontracts; and

Require each of its subcontractors to include such clauses in their subcontracts with each lower-(ii) tier subcontractor or supplier.

. The clauses required by paragraph (c) of this clause shall not be (d) Subcontract clause interpretation construed to impair the right of the Contractor or a subcontractor at any tier to negotiate, and to include in their subcontract, provisions that-

. Permit the Contractor or a subcontractor to retain (without cause) a specified (1) Retainage permitted percentage of each progress payment otherwise due to a subcontractor for satisfactory performance under the subcontract without incurring any obligation to pay a late payment interest penalty, in accordance with terms and conditions agreed to by the parties to the subcontract, giving such recognition as the parties deem appropriate to the ability of a subcontractor to furnish a performance bond and a payment bond;

. Permit the Contractor or subcontractor to make a determination that part (2) Withholding permitted or all of the subcontractor's request for payment may be withheld in accordance with the subcontract agreement; and

. Permit such withholding without incurring any obligation to pay a late (3) Withholding requirements payment penalty if-

A notice conforming to the standards of paragraph (g) of this clause previously has been furnished (i) to the subcontractor; and

The Contractor furnishes to the Contracting Officer a copy of any notice issued by a Contractor (ii) pursuant to paragraph (d)(3)(i) of this clause.

. If a Contractor, after making a request for payment to the (e) Subcontractor withholding procedures Government but before making a payment to a subcontractor for the subcontractor's performance covered by the payment request, discovers that all or a portion of the payment otherwise due such subcontractor is subject to withholding from the subcontractor in accordance with the subcontract agreement, then the Contractor shall-

. Furnish to the subcontractor a notice conforming to the standards of (1) Subcontractor notice paragraph (g) of this clause as soon as practicable upon ascertaining the cause giving rise to a withholding, but prior to the due date for subcontractor payment;

. Furnish to the Contracting Officer, as soon as practicable, a copy of (2) Contracting Officer notice the notice furnished to the subcontractor pursuant to paragraph (e)(1) of this clause;

. Reduce the subcontractor's progress payment by an (3) Subcontractor progress payment reduction amount not to exceed the amount specified in the notice of withholding furnished under paragraph (e)(1) of this clause;

. Pay the subcontractor as soon as practicable after the (4) Subsequent subcontractor payment correction of the identified subcontract performance deficiency, and-

Make such payment within-(i)

Sevendays after correction of the identified subcontract performance deficiency (unless the funds(A) therefor must be recovered from the Government because of a reduction under paragraph (e)(5)(i)) of this clause; or

Sevendays after the Contractor recovers such funds from the Government; or(B)

Incur an obligation to pay a late payment interest penalty computed at the rate of interest(ii) established by the Secretary of the Treasury, and published in the , for interest payments Federal Register under 41 U.S.C. 7109 in effect at the time the Contractor accrues the obligation to pay an interest penalty;

. Notify the Contracting Officer upon-(5) Notice to Contracting Officer

Reduction of the amount of any subsequent certified application for payment; or(i)

Payment to the subcontractor of any withheld amounts of a progress payment, specifying-(ii)

The amounts withheld under paragraph (e)(1) of this clause; and(A)

The dates that such withholding began and ended; and(B)

. Be obligated to pay to the Government an amount equal to interest on the(6) Interest to Government withheld payments (computed in the manner provided in 31 U.S.C.3903(c)(1)), from the 8 thday after receipt of the withheld amounts from the Government until-

The day the identified subcontractor performance deficiency is corrected; or(i)

The date that any subsequent payment is reduced under paragraph (e)(5)(i) of this clause.(ii) Third-party deficiency reports-(f)

. If a Contractor, after making payment to a first-tier(1) Withholding from subcontractor subcontractor, receives from a supplier or subcontractor of the first-tier subcontractor (hereafter referred to as a "second-tier subcontractor") a written notice in accordance with 40 U.S.C. 3133, asserting a deficiency in such first-tier subcontractor's performance under the contract for which the Contractor may be ultimately liable, and the Contractor determines that all or a portion of future payments otherwise due such first-tier subcontractor is subject to withholding in accordance with the subcontract agreement, the Contractor may, without incurring an obligation to pay an interest penalty under paragraph (e)(6) of this clause-

Furnish to the first-tier subcontractor a notice conforming to the standards of paragraph (g) of this(i) clause as soon as practicable upon making such determination; and

Withhold from the first-tier subcontractor's next available progress payment or payments an(ii) amount not to exceed the amount specified in the notice of withholding furnished under paragraph (f)(1)

(i) of this clause.

. As soon as practicable, but not later than 7 days after(2) Subsequent payment or interest charge receipt of satisfactory written notification that the identified subcontract performance deficiency has been corrected, the Contractor shall-

Pay the amount withheld under paragraph (f)(1)(ii) of this clause to such first-tier subcontractor; or(i)

Incur an obligation to pay a late payment interest penalty to such first-tier subcontractor computed(ii) at the rate of interest established by the Secretary of the Treasury, and published in the , Federal Register for interest payments under 41 U.S.C. 7109 in effect at the time the Contractor accrues the obligation to pay an interest penalty.

. The Contractor shall issue a written notice of any(g) Written notice of subcontractor withholding withholding to a subcontractor (with a copy furnished to the Contracting Officer), specifying-

The amount to be withheld;(1)

The specific causes for the withholding under the terms of the subcontract; and(2)

The remedial actions to be taken by the subcontractor in order to receive payment of the amounts(3) withheld.

. The Contractor may not request payment from the(h) Subcontractor payment entitlement Government of any amount withheld or retained in accordance with paragraph (d) of this clause until such time as the Contractor has determined and certified to the Contracting Officer that the subcontractor is entitled to the payment of such amount.

. A dispute between the Contractor and subcontractor relating to the(i) Prime-subcontractor disputes amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to paragraph (c) of this clause does not constitute a dispute to which the Government is a party. The Government may not be interpleaded in any judicial or administrative proceeding involving such a dispute.

. Except as provided in paragraph (i) of this clause, this(j) Preservation of prime-subcontractor rights clause shall not limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or a subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or nonperformance by a subcontractor.

. The Contractor's obligation to pay an interest(k) Non-recourse for prime contractor interest penalty penalty to a subcontractor pursuant to the clauses included in a subcontract under paragraph (c) of this clause shall not be construed to be an obligation of the Government for such interest penalty. A cost-reimbursement claim may not include any amount for reimbursement of such interest penalty.

. If the Contractor becomes aware of a duplicate contract financing or invoice(l) Overpayments payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

Remit the overpayment amount to the payment office cited in the contract along with a description(1) of the overpayment including the-

Circumstances of the overpayment ( , duplicate payment, erroneous payment, liquidation errors,(i) e.g.

date(s) of overpayment);

Affected contract number and delivery order number if applicable;(ii)

Affected line item or subline item, if applicable; and(iii)

Contractor point of contact.(iv)

Provide a copy of the remittance and supporting documentation to the Contracting Officer.(2)

(End of clause)

52.232-8 Discounts for Prompt Payment. 2002-02

As prescribed in , insert the following clause:32.111(b)(1)

Discounts for Prompt Payment (FEB 2002)

Discounts for prompt payment will not be considered in the evaluation of offers. However, any (a) offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices.

In connection with any discount offered for prompt payment, time shall be computed from the (b) date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.

(End of clause)

52.236-26 Preconstruction Conference. 1995-02

As prescribed in , insert the following clause:36.522

Preconstruction Conference (FEB 1995)

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

(End of clause)

52.246-21 Warranty of Construction. 1994-03

As prescribed in , the contracting officer may insert a clause substantially as follows in 46.710(e)(1) solicitations and contracts when a fixed-price construction contract (see (c)) is contemplated, and 46.705 the use of a warranty clause has been approved under agency procedures:

Warranty of Construction (MAR 1994)

In addition to any other warranties in this contract, the Contractor warrants, except as provided in (a) paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

This warranty shall continue for a period of 1 year from the date of final acceptance of the work. (b) If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In (c) addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of-

The Contractor's failure to conform to contract requirements; or(1)

Any defect of equipment, material, workmanship, or design furnished.(2)

The Contractor shall restore any work damaged in fulfilling the terms and conditions of this (d) clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the (e) discovery of any failure, defect, or damage.

If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after (f) receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

With respect to all warranties, express or implied, from subcontractors, manufacturers, or (g) suppliers for work performed and materials furnished under this contract, the Contractor shall-

Obtain all warranties that would be given in normal commercial practice;(1)

Require all warranties to be executed, in writing, for the benefit of the Government, if directed by (2) the Contracting Officer; and

Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.(3)

In the event the Contractor's warranty under paragraph (b) of this clause has expired, the (h) Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at…