Solicitation_-_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. (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 $45 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 task 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 task 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 task 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 Period

01 APR 2019

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 JUN 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

252.232-7006 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 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications.

2010-10 52.215-23 Limitations on Pass-Through Charges. 2009-10 52.215-8 Order of Precedence-Uniform Contract Format. 1997-10 52.216-27 Single or Multiple Awards. 1995-10 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 52.219-28 Post-Award Small Business Program Rerepresentation. 2013-07 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 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction.

1999-02 52.222-26 Equal Opportunity. 2016-09 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 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. 2010-12

52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. 2014-05 52.222-50 Combating Trafficking in Persons. 2015-03 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 52.223-3 Hazardous Material Identification and Material Safety Data. 1997-01 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 52.227-4 Patent Indemnity-Construction Contracts. 2007-12 52.228-11 Pledges of Assets. 2012-01 52.228-12 Prospective Subcontractor Requests for Bonds. 2014-05 52.228-13 Alternate Payment Protections. 2000-07 52.228-14 Irrevocable Letter of Credit. 2014-11 52.228-15 Performance and Payment Bonds-Construction. 2010-10 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 52.232-11 Extras. 1984-04 52.232-17 Interest. 2014-05 52.232-18 Availability of Funds. 1984-04 52.232-19 Availability of Funds for the Next Fiscal Year. 1984-04 52.232-23 Assignment of Claims. 2014-05 52.232-27 Prompt Payment for Construction Contracts. 2017-01 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 52.232-5 Payments under Fixed-Price Construction Contracts. 2014-05 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 52.236-21 Specifications and Drawings for Construction. 1997-02 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 52.236-26 Preconstruction Conference.1995-02 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 52.246-21 Warranty of Construction. 1994-03 52.247-12 Supervision, Labor, or Materials. 1984-04 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

52.204-23 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)

52.222-35 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)

52.211-12 Liquidated Damages-Construction. (SEP 2000)

As prescribed in 11.503(b), insert the following clause in solicitations and contracts:\n Liquidated Damages-Construction (Sept 2000)\n (a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $276.66 for each calendar day of delay until the work is completed or accepted.\n (b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.\n (End of clause)\n

(End of Clause)

52.216-19 Order Limitations. (OCT 1995)

As prescribed in 16.506(b), insert a clause substantially the same as follows:\n Order Limitations (Oct 1995)\n (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.\n (b) Maximum order. The Contractor is not obligated to honor-\n (1) Any order for a single item in excess of $5,000,000.00;\n (2) Any order for a combination of items in excess of $9,000,000.00; or\n (3) A series of orders from the same ordering office within 30 calendar days that together call for quantities exceeding the limitation in paragraph (b)(1) or

(2) of this section.\n (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.\n (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.\n (End of clause)\n

(End of Clause)

52.216-22 Indefinite Quantity. (OCT 1995)

As prescribed in 16.506(e), insert the following clause:\n Indefinite Quantity (Oct 1995)\n (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.\n (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the maximum. The Government shall order at least the quantity of supplies or services designated in the Schedule as the minimum.\n (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.\n (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 29 June 2021.\n (End of clause)\n

(End of Clause)

52.225-11 Buy American-Construction Materials under Trade Agreements. (OCT 2016)

As prescribed in 25.1102(c), insert the following clause:\n Buy American-Construction Materials under Trade Agreements (Oct 2016)\n (a) Definitions. As used in this clause-\n Caribbean Basin country construction material means a construction material that-\n (1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or\n (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.\n Commercially available off-the-shelf (COTS) item-\n (1) Means 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 Component means an article, material, or supply incorporated directly into a construction material.\n Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.\n Cost of components means-\n (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or\n (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.\n Designated country means any of the following countries:\n (1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);\n (2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);\n (3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or\n (4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).\n Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.\n Domestic construction material means-\n (1) An unmanufactured construction material mined or produced in the United States;\n (2) A construction material manufactured in the United States, if-\n (i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or\n

(ii) The construction material is a COTS item.\n Foreign construction material means a construction material other than a domestic construction material.\n Free Trade Agreement country construction material means a construction material that- \n (1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or\n (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

\n Least developed country construction material means a construction material that-\n (1) Is wholly the growth, product, or manufacture of a least developed country; or\n (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.\n United States means the 50 States, the District of Columbia, and outlying areas.\n WTO GPA country construction material means a construction material that-\n

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or\n (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.\n (b) Construction materials.\n (1) This clause implements 41 U.S.C. chapter 83, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.\n (2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.\n (3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:\n NONE \n (4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that-\n (i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;\n (ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or\n (iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.\n (c) Request for determination of inapplicability of the Buy American statute.\n (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including- \n (A) A description of the foreign and domestic construction materials;\n (B) Unit of measure;\n (C) Quantity;\n (D) Price;

\n (E) Time of delivery or availability;\n (F) Location of the construction project;\n (G) Name and address of the proposed supplier; and\n (H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.\n (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.\n (iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).\n (iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

\n (2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)

(i) of this clause.\n (3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.\n (d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:\n Foreign and Domestic Construction Materials Price Comparison | | Construction Material Description || Unit of Measure || Quantity || Price (Dollars)* | | Item 1: || || || | | Foreign construction material || ____ || ____ || ____ | | Domestic construction material || ____ || ____ || ____ | | Item 2: || || || | | Foreign construction material || ____ || ____ || ____ | | Domestic construction material || ____ || ____ || ____ \n [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]\n [Include other applicable supporting information.]\n [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]\n

(End of Clause)

52.236-1 Performance of Work by the Contractor. (APR 1984)

As prescribed in 36.501(b), insert the following clause: )).]\n Performance of Work by the Contractor (Apr 1984)\n The Contractor shall perform on the site, and with its own organization, work equivalent to at least twenty (20) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.\n (End of clause)\n

(End of Clause)

52.236-4 Physical Data. (APR 1984)

As prescribed in 36.504, insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated and physical data (e.g., test borings, hydrographic, weather conditions data) will be furnished or made available to offerors. All information to be furnished or made available to offerors before award that pertains to the performance of the work should be identified in the clause. When paragraphs are not applicable they may be deleted.\n Physical Data (Apr 1984)\n Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.\n (a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations as determined by each order GIPR.\n (b) Weather conditions as determined by each order GIPR.\n (c) Transportation facilities as determined by each order GIPR.\n (d)N/A.\n (End of clause)\n

(End of Clause)

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

As prescribed in 52.107(b), insert the following clause:\n Clauses Incorporated By Reference (Feb 1998)\n This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/ these address(es):\n http://farsite.hill.af.mil/\n (End of clause)\n

(End of Clause)

52.252-4 Alterations in Contract. (APR 1984)

As prescribed in 52.107(d), insert the following clause in solicitations and contracts in order to revise or supplement, as necessary, other parts of the contract, or parts of the solicitation that apply after contract award, except for any clause authorized for use with a deviation. Include clear identification of what is being altered.\n Alterations in Contract (Apr 1984)\n Portions of this contract are altered as follows:\n none identified\n (End of clause)\n

(End of Clause)

52.252-6 Authorized Deviations in Clauses. (APR 1984)

As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert (DEVIATION) after the date of the clause.\n Authorized Deviations in Clauses (Apr 1984)\n (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.\n (b) The use in this solicitation or contract of any DFARS (48 CFR chapter 2) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.\n (End of clause)\n

52.216-18 Ordering. (OCT 1995)

As prescribed in 16.506(a), insert the following clause:\n Ordering (Oct 1995)\n (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through 29 June 2021.\n (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.\n (c) If mailed, a delivery order or task order is considered issued when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.\n (End of clause)\n

(End of Clause)

52.219-18 Notification of Competition Limited to Eligible 8(a) Participants. (JAN 2017)

As prescribed in 19.811-3(d), insert the following clause:\n Notification of Competition Limited to Eligible 8(a) Participants (Jan 2017)\n (a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration…