DRAFT_-_FA469019RA003.pdf

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

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

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)

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (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 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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

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

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

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 (Type or print)

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

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

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

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

FA469019RA003

Section A - Solicitation/Contract Form

Section B - Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

0001 MACC is a multiple award, design-build, bid-build indefinite delivery/indefinite quantity (IDIQ) construction acquisition based on a general statement of work further defined with each individual task order. Work to be performed under the MACC will be the general construction category, to include maintenance, repair, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving, and earthwork as well as industrial/office buildings on Ellsworth AFB including Military Family Housing. (NOTE: Extent of work to be accomplished under this contract concerning military family housing on Ellsworth AFB does not include normal maintenance, repair, painting heating, air conditioning, some mechanical, etc., which is covered under the Military Family Housing Maintenance contract.)

Minimum Guaranteed Contract Amount:

The guaranteed minimum amount over the life of the resultant contract is $500.00 per contract awarded. The total aggregate maximum amount of this program for the total contract period is $18 million.

Product Service Code: Y1QA Signal Code: A Program: C2 Firm Fixed Price

1.0 Lot

Section C - Description/Specifications/Statement of Work

Requirements On ramp for existing Multiple Award Construction Contract IDIQ

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference 52.246-12 Inspection of Construction. 1996-08

FAR Clauses Incorporated by Full Text 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

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.\n Commencement, Prosecution, and Completion of Work (Apr 1984)\n The Contractor shall be required to (a) commence work under this contract within a number of days determined by each individual delivery order 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 a number of days determined per each individual delivery order The time stated for completion shall include final cleanup of the premises.\n

Alternate I (Apr 1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by a number of days determined by each individual delivery order. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of Clause)

0001 Inspection and Acceptance Location

Both Destination Instructions: No further instructions.

DoDAAC: F1V3M9 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

28 CES CEPM

2125 SCOTT DR

AF BPN NO MILSBILLS PROCESSES

ELLSWORTH AFB, SD 57706 4711

United States

OfficeCode:

Howard Aubertin Telephone: 605-385-2524 Email: howard.aubertin@us.af.mil

Section F - Deliveries or Performance

FAR Clauses Incorporated by Reference 52.247-34 F.o.b. Destination. 1991-11 252.247-7023 Transportation of Supplies by Sea. 2014-04

0001 Delivery Schedule Ship To Address

Delivery On Or Before

29 JUN 2021

1.0 Lot

Place of Performance

DoDAAC: F1V3M9 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

28 CES CEPM

2125 SCOTT DR

AF BPN NO MILSBILLS PROCESSES

ELLSWORTH AFB, SD 57706 4711

United States

OfficeCode:

Howard Aubertin Telephone: 605-385-2524 Email: howard.aubertin@us.af.mil

Period of Performance From

01 APR 2019

to

29 JUL 2021

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference 252.204-7006 Billing Instructions. 2005-10 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2012-06 252.236-7000 Modification Proposals--Price Breakdown 1991-12

DFARS Clauses Incorporated by Full Text

252.228-7004 Bonds or Other Security. (DEC 1991) As prescribed in 228.170, use the following provision:\n BONDS OR OTHER SECURITY (DEC 1991)\n (a) Offerors shall furnish a bid guarantee in the amount of $0.00 with their bids. The offeror receiving notice of award shall furnish\n (1) A performance bond in the penal amount of 100% per each individual task order; and\n (2) Payment in full of any sum due the Government.\n (b) The Contractor shall furnish the performance bond to the Contracting Officer within 1 day after receipt of the notice of award. The Contracting Officer will not issue the notice to proceed until receipt of an acceptable performance bond and payment of any sum due the Government.\n (c) Bonds supported by sureties whose names appear on the list contained in Treasury Department Circular 570 are acceptable. Performance bonds from individual sureties are acceptable if each person acting as a surety provides a SF 28, Affidavit of Individual Surety, and a pledge of assets acceptable to the Contracting Officer.\n (End of provision)\n

(End of Clause)

252.232-7006 Wide Area WorkFlow Payment Instructions.

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

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

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow

(WAWF).

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

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

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

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

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

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

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

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

(1) Document type. The Contractor shall use the following document type(s).

Construction Invoice

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Ellsworth AFB

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

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F87700 Issue By DoDAAC FA4690 Admin DoDAAC FA4690 Inspect By DoDAAC FA4690 Ship To Code FA4690 Ship From Code N/A Mark For Code N/A

Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N/A Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system.

Contracting Officer for the individual task order Contract Administrator for the individual task order Construction inspector for the individual order

(g) WAWF point of contact. 28 CONS/PKB

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

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

Section H - Special Contract Requirements

Section I - Contract Clauses

FAR Clauses Incorporated by Reference 52.202-1 Definitions. 2013-11 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. 2014-05 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10 52.203-13 Contractor Code of Business Ethics and Conduct. 2015-10 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

2014-04 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation. 2017-01 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. 2017-01 52.203-3 Gratuities. 1984-04 52.203-5 Covenant Against Contingent Fees. 2014-05 52.203-6 Restrictions on Subcontractor Sales to the Government. 2006-09 52.203-7 Anti-Kickback Procedures. 2014-05 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. 2014-05 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2016-10 52.204-13 System for Award Management Maintenance. 2016-10 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 52.204-22 Alternative Line Item Proposal. 2017-01 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05 52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

2016-02 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. 2015-10 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. 2013-07 52.210-1 Market Research. 2011-04 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-Modifications. 2011-08 52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications. 2010-10 52.215-17 Waiver of Facilities Capital Cost of Money. 1997-10 52.215-19 Notification of Ownership Changes. 1997-10 52.215-23 Limitations on Pass-Through Charges. 2009-10 52.215-8 Order of Precedence-Uniform Contract Format. 1997-10 52.217-2 Cancellation Under Multi-year Contracts. 1997-10 52.219-13 Notice of Set-Aside of Orders. 2011-11 52.219-14 Limitations on Subcontracting. 2017-01 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside. 2011-11 52.219-3 Notice of HUBZone Set-Aside or Sole Source Award. 2011-11 52.219-8 Utilization of Small Business Concerns. 2016-11 52.222-10 Compliance with Copeland Act Requirements. 1988-02 52.222-11 Subcontracts (Labor Standards). 2014-05 52.222-12 Contract Termination-Debarment. 2014-05 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. 2014-05 52.222-14 Disputes Concerning Labor Standards. 1988-02 52.222-15 Certification of Eligibility. 2014-05 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.222-27 Affirmative Action Compliance Requirements for Construction. 2015-04 52.222-3 Convict Labor. 2003-06 52.222-30 Construction Wage Rage Requirement-Pride Adjustment (None or Separately Specified Method). 2018-08 52.222-34 Project Labor Agreement. 2010-05 52.222-37 Employment Reports on Veterans. 2016-02 52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation. 2018-05 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. 2014-05 52.222-54 Employment Eligibility Verification. 2015-10 52.222-55 Minimum Wages Under Executive Order 13658. 2015-12 52.222-6 Construction Wage Rate Requirements. 2014-05 52.222-62 Paid Sick Leave Under Executive Order 13706. 2017-01 52.222-7 Withholding of Funds. 2014-05 52.222-8 Payrolls and Basic Records. 2014-05 52.222-9 Apprentices and Trainees. 2005-07

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners. 2016-06 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts. 2011-08 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.223-19 Compliance with Environmental Management Systems. 2011-05 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. 2013-09 52.223-21 Foams. 2016-06 52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 52.223-6 Drug-Free Workplace. 2001-05 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises. 2000-06 52.227-1 Authorization and Consent. 2007-12 52.228-11 Pledges of Assets. 2012-01 52.228-12 Prospective Subcontractor Requests for Bonds. 2014-05 52.228-14 Irrevocable Letter of Credit. 2014-11 52.228-2 Additional Bond Security. 1997-10 52.228-5 Insurance-Work on a Government Installation. 1997-01 52.229-3 Federal, State, and Local Taxes. 2013-02 52.230-3 Disclosure and Consistency of Cost Accounting Practices. 2015-10 52.232-17 Interest. 2014-05 52.232-18 Availability of Funds. 1984-04 52.232-23 Assignment of Claims. 2014-05 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2013-07 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1 Disputes. 2014-05 52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.236-10 Operations and Storage Areas. 1984-04 52.236-11 Use and Possession Prior to Completion. 1984-04 52.236-12 Cleaning Up. 1984-04 52.236-13 Accident Prevention. 1991-11 52.236-14 Availability and Use of Utility Services. 1984-04 52.236-15 Schedules for Construction Contracts. 1984-04 52.236-17 Layout of Work. 1984-04 52.236-2 Differing Site Conditions. 1984-04 52.236-23 Responsibility of the Architect-Engineer Contractor. 1984-04 52.236-24 Work Oversight in Architect-Engineer Contracts. 1984-04 52.236-25 Requirements for Registration of Designers. 2003-06 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 52.242-13 Bankruptcy. 1995-07 52.242-14 Suspension of Work. 1984-04 52.243-4 Changes. 2007-06 52.244-4 Subcontractors and Outside Associates and Consultants (Architect-Engineer Services). 1998-08 52.244-6 Subcontracts for Commercial Items. 2018-07 52.247-17 Charges. 1984-04 52.247-27 Contract Not Affected by Oral Agreement. 1984-04 52.248-3 Value Engineering-Construction. 2015-10 52.249-10 Default (Fixed-Price Construction). 1984-04 52.249-2 Termination for Convenience of the Government (Fixed-Price). 1996-09 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 52.253-1 Computer Generated Forms. 1991-01

DFARS Clauses Incorporated by Reference

252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies. 2008-12 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.203-7003 Agency Office of the Inspector General. As prescribed in 203.1004(a), use the following clause: 2012-12 252.204-7003 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. 2016-10 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism. 2015-10 252.219-7010 Notification of Competition Limited to Eligible 8(a) ConcernsPartnership Agreement. 2016-03 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2010-12 252.223-7004 Drug-Free Work Force. 1988-09 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 252.225-7048 Export-Controlled Items. 2013-06 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns. 2004-09 252.227-7022 Government Rights (Unlimited). 1979-03 252.227-7033 Rights in Shop Drawings. 1966-04 252.232-7010 Levies on Contract Payments. 2006-12 252.236-7005 Airfield Safety Precautions. 1991-12 252.236-7006 Cost Limitations. 1997-01 252.236-7007 Additive or Deductive Items. 1991-12 252.236-7008 Contract Prices-Bidding Schedules. 1991-12 252.236-7009 Option for Supervision and Inspection Services. 1991-12 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.242-7005 Contractor Business Systems. 2012-02 252.242-7006 Accounting System Administration. 2012-02 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06 252.246-7000 Material Inspection and Receiving Report 2008-03 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. 2010-10 252.247-7024 Notification of Transportation of Supplies by Sea. 2000-03

FAR Clauses Incorporated by Full Text

52.222-26 Equal Opportunity. (SEP 2016)

As prescribed in 22.810(e), insert the following clause:\n Equal Opportunity (Sept 2016)\n (a) Definition. As used in this clause.\n "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.\n "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.\n "Essential job functions" means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if-\n (1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or\n (2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.\n "Gender identity" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.\n "Sexual orientation" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/ LGBT/LGBT_FAQs.html.\n "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.\n (b)(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.\n (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).\n (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.\n (2) 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-\n (i) Employment;\n (ii) Upgrading;\n (iii) Demotion;\n (iv) Transfer;\n (v) Recruitment or recruitment advertising;\n (vi) Layoff or termination;\n (vii) Rates of pay or other forms of compensation; and \n (viii) Selection for training, including apprenticeship.\n (3) 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.\n (4) 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, gender identity, or national origin.\n (5)(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.\n (ii) 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-\n (A) Incorporation into existing employee manuals or handbooks; and\n (B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment.\n (6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bar-gaining 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.\n (7) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.\n (8) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form 100 (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.\n (9) 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 Order 11246, as amended, and rules and regulations that implement the Executive Order.\n (10) 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 Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.\n (11) 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 Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.\n (12) 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.\n (d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR part 60-1.\n

(End of Clause)

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

As prescribed in 4.2004, insert the following clause:\n Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)\n (a) Definitions. As used in this clause- \n "Covered article" means any hardware, software, or service that-\n (1) Is developed or provided by a covered entity;

\n (2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or\n (3) Contains components using any hardware or software developed in whole or in part by a covered entity.\n "Covered entity" means-\n (1) Kaspersky Lab;\n (2) Any successor entity to Kaspersky Lab;\n (3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or\n (4) Any entity of which Kaspersky Lab has a majority ownership.\n

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from-\n (1) Providing any covered article that the Government will use on or after October 1, 2018; and\n (2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.\n (c) Reporting requirement.\n (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.\n (2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:\n (i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.\n (ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.\n (d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.\n (End of clause)\n

(End of Clause)

52.216-27 Single or Multiple Awards. (OCT 1995)

As prescribed in 16.506(f), insert the following provision:\n Single or Multiple Awards (Oct 1995)\n The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.\n (End of provision)\n

(End of Clause)

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

As prescribed in 22.1310(a)(1), insert the following clause:\n Equal Opportunity for Veterans (Oct 2015)\n (a) Definitions. As used in this clause-\n "Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301.\n (b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.\n (c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.\n

(End of Clause)

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

As prescribed in 22.1408(a), insert the following clause:\n Equal Opportunity for Workers with Disabilities (Jul 2014)\n

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

\n (b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.\n

(End of Clause)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010)

As prescribed in 22.1605, insert the following clause:\n Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)\n (a) During the term of this contract, the Contractor shall post an employee notice, of such size and in 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 CFR 471.2 (d) and (f).\n (1) Physical posting of the employee notice shall be in conspicuous places in and about the 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.\n (2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall 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."\n (b) This required employee notice, printed by the Department of Labor, may be-\n (1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management 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;\n (2) Provided by the Federal contracting agency if requested;\n (3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or\n

(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.\n (c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.\n (d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.

\n (e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) 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 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.\n (f) Subcontracts.\n (1) The Contractor shall include the substance of this clause, including this paragraph (f), in every 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.\n (2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.\n (3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.\n (4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened 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.\n (End of clause)\n

(End of Clause)

52.222-50 Combating Trafficking in Persons. (MAR 2015)

As prescribed in 22.1705(a)(1), insert the following clause:\n Combating Trafficking in Persons (Mar 2015)\n (a) Definitions.

As used in this clause-\n "Agent" means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.\n "Coercion" means-\n (1) Threats of serious harm to or physical restraint against any person;\n (2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or\n (3) The abuse or threatened abuse of the legal process.\n "Commercially available off-the-shelf (COTS) item" means-\n (1) Any item of supply (including construction material) that is-\n (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);\n (ii) Sold in substantial quantities in the commercial marketplace; and\n (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and\n (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.\n "Commercial sex act" means any sex act on account of which anything of value is given to or received by any person.\n "Debt bondage" means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.\n "Employee" means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.\n "Forced Labor" means knowingly providing or obtaining the labor or services of a person-\n (1) By threats of serious harm to, or physical restraint against, that person or another person;\n (2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or\n (3) By means of the abuse or threatened abuse of law or the legal process.\n "Involuntary servitude" includes a condition of servitude induced by means of-\n (1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or\n (2) The abuse or threatened abuse of the legal process.\n "Severe forms of trafficking in persons" means-\n (1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or\n (2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

\n "Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.\n "Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.\n "Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.\n "United States" means the 50 States, the District of Columbia, and outlying areas.\n (b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not-\n (1) Engage in severe forms of trafficking in persons during the period of performance of the contract;\n

(2) Procure commercial sex acts during the period of performance of the contract;\n (3) Use forced labor in the performance of the contract;\n (4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;\n (5)(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language accessible to the worker, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant cost to be charged to the employee, and, if applicable, the hazardous nature of the work;\n (ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;\n (6) Charge employees recruitment fees;\n (7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment-\n (A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or\n (B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that-\n (ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is-\n (A) Legally permitted to remain in the country of employment and who chooses to do so; or\n (B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;\n (iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons.