Solicitation Amendment FA487724R00120004 SF 30.pdf

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11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBE

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

Section A - Solicitation/Contract Form

The following changes have been made:

INFORMATION FROM TO

Contract Description

The contractor shall provide all material and services to include but not limited to personnel, labor, equipment, transportation, tools, materials, engineering, supervision, management and other items and services necessary to perform the removal and replacement of one Swamp Cooler on Bldg 5045 at Davis-Monthan AFB, Arizona.

This acquisition is an Woman-Owned Small Business Set-Aside. NAICS 238220 - Size Standard $19 Million The project magnitude is between $100,000 and $250,000

Submit EAL by: 24 April 2024 at 1:00 pm Arizona Local Time; Once EAL is submitted, name changes will not be permitted. In the event of a denial due to a background issue, personnel swapping will not be allowed. Please ensure individuals meet the necessary criteria before submission. NOTE: EAL (Entry Authorization Letter) serves as an official authorization, indicating that the person has successfully passed the required background checks and meets the necessary criteria for access to the military facility. All individuals requesting access to DMAFB will be required to submit an EAL.

Site Visit: 2 May 2024 at 9:00 am Arizona Local Time.

RFI Due Date: 8 May 2024 at 4:00 pm Arizona Local Time RFI Responses Posted: 13 May 2024 Proposal Due Date: 24 May at 12:00 pm Arizona Local Time

The contractor shall provide all material and services to include but not limited to personnel, labor, equipment, transportation, tools, materials, engineering, supervision, management and other items and services necessary to perform the removal and replacement of one Swamp Cooler on Bldg 5045 at Davis-Monthan AFB, Arizona.

This acquisition is an Woman-Owned Small Business Set-Aside. NAICS 238220 - Size Standard $19 Million The project magnitude is between $100,000 and $250,000

Submit EAL by: 24 April 2024 at 1:00 pm Arizona Local Time; Once EAL is submitted, name changes will not be permitted. In the event of a denial due to a background issue, personnel swapping will not be allowed. Please ensure individuals meet the necessary criteria before submission. NOTE: EAL (Entry Authorization Letter) serves as an official authorization, indicating that the person has successfully passed the required background checks and meets the necessary criteria for access to the military facility. All individuals requesting access to DMAFB will be required to submit an EAL.

Site Visit: 2 May 2024 at 9:00 am Arizona Local Time.

RFI Due Date: 8 May 2024 at 4:00 pm Arizona Local Time RFI Responses Posted: 13 May 2024 Proposal Due Date: 28 May at 4:30 pm Arizona Local Time

Response Due Time

12:00 PM 04:30 PM

Response Due Date

24 May 2024 28 May 2024

Section H - Special Contract Requirements

Miscellaneous text in this section has been modified to:

[id=1080874, AwardId=513341, MiscellaneousText=, CSIDivision=, CSISection=, Section=H, FormattedMiscellaneousText=

Security Requirements Listing of Employees. The contractor shall maintain a current listing of employees performing services on DMAFB. The list shall include employee's name, social security number, driver's license number and state of issue, date of birth, and country of citizenship. Foremen, supervisors, and superintendents must be identified on the list of employees. The contractor shall submit the list to the Contracting Officer prior to the contract start date and submit an updated list when an employee's status or information changes, within 5 working days of the change. The name of any contractor employee that is terminated during the period of the contract must be reported to the Contracting Officer in writing within one workday of the employee's termination.

FA487724R00120004

Reporting Requirements. Contractor personnel shall immediately report to an appropriate Government authority any information or circumstances of which they are aware may pose a threat to the security of Department of Defense personnel, contractor personnel, resources, and classified or unclassified defense information. Contractor personnel are required to review suspicious activity reporting procedures. Contact the Government sponsoring agency's Unit Antiterrorism Representative (UATR) to request Suspicious Activity Reporting training material. Contact the Base Defense Operation Center (BDOC) to report actual suspicious activity at 520-228-3200.

Pass and Identification Items. The contractor shall ensure that all necessary pass and identification items required for contract performance are obtained for contractor employees and non-Government owned vehicles.

Retrieving Identification Media. The contractor shall retrieve all identification media, including vehicle passes from contractor employees that depart for any reason before the contract expires (e.g. terminated for cause, retirement, etc.) and turn them in to the issuing office. Once contractor employees are no longer employed, the contractor office shall notify the issuing office of the termination immediately.

Traffic Laws. Contractor employees shall comply with all base traffic regulations. Contractor employees are subject to random vehicle speed control checks. Contractor personnel cited for speeding on the installation may suffer loss of base driving privileges, debarment from the base, or other administrative action. The use of seat belts is mandatory for all vehicle occupants.

The use of cell phones is prohibited while driving on base, unless the phone is a hands-free cell phone.

Random Personnel and Vehicle Searches. Contractor personnel are subject to random personnel and vehicle searches. If contractor personnel refuse to be searched, they will be denied entry to the base, and may result in loss of base driving privileges, debarment from the base, or other administrative action.

Weapons, Firearms, and Ammunition. Contractor employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or within their contractor owned vehicle or privately owned vehicle while on Davis-Monthan AFB.

Controlled Unclassified Information (CUI). The contractor shall comply with DoD 5200.48 Freedom of Information Act (FOIA) Program requirements. This regulation sets policy and procedures for the disclosure of records to the public and for marking, handling, transmitting, and safeguarding CUI material.

Physical Security. Contractor employees shall safeguard all Government property and controlled forms provided for contractor use. At the end of each work period, the contractor shall secure all Government facilities, equipment, and materials. The contractor shall establish and implement methods of ensuring all Government lock combinations, are not lost, misplaced, or used by unauthorized persons. The contractor shall prohibit the use of lock combinations, issued by the Government, by any persons other than the contractor's employees. The contractor shall also prohibit and the opening of locked areas by contractor employees to permit entrance of persons other than contractor employees engaged in performance of contract work requirements in those areas.

Contractor Personnel Travel on the Installation. All contractor personnel will limit their travel on the installation only to specific areas required for performance of services, specified break and meal areas, or travel directly to and from these locations.

Key Control. The contractor shall establish and implement methods of making sure all keys/combinations issued to the contractor by the government are not lost or misplaced and are not used by unauthorized persons. The contractor shall not duplicate any keys issued by the Government. The contractor shall immediately report to the Contracting Officer any occurrences of lost or duplicated keys. In the event keys, other than master keys, are lost or duplicated, the contractor may be required, upon written direction of the Contracting Officer ,to re-key or replace the affected lock or locks without cost to the Government. The Government may, however, at its option, replace the affected lock or locks or perform re-keying and deduct the cost of such from the monthly payment due the contractor. In the event a master key is lost or duplicated, the Government shall replace all locks and keys for that system, and the total cost will be deducted from the monthly payment due the contractor.

Individual Access to DM with a Criminal Background. This policy applies to all civilians contractors requesting access to DMAFB. In order to promote security and safety DMAFB, these requestors are subject to criminal background checks, wants /warrants checks, and driving history checks. Individuals whose criminal background meets any of the following criteria shall not be allowed access to DMAFB and may in turn be debarred:

a. The individual is required to register as a sexual offender under Federal law or the applicable State law; or

b. The individual has been convicted of illegal possession or use of drugs/narcotics on more than one occasion within 5 years from the date requested for access to DMAFB; or

c. The individual has been convicted of an offense involving drug traffickingwithin10 years from the date requested for access to DMAFB; or

d. The individual has been convicted of a felony involving violence against a person, arson, robbery, or burglary within 10 years from the date requested for access to DMAFB; or

e. The individual has been convicted of any crime involving indecent acts with a minor or a felony that is sexual in nature within 10 years from the date requested to DMAFB.

Individuals shall be allowed to submit application for a waiver of this policy to the DMAFB Legal Office through Security Forces Reports/Analysis at 355SFS/S5B, 3345First Street, Davis-Monthan AFB, AZ 85707

ILLEGAL IMMIGRANTS AND FOREIGN NATIONALS

Illegal Aliens. In accordance with Air Combat Command (ACC) supplement to AFI31-101,The Air Force Installation Security Program (CUI), illegal aliens are unauthorized on all ACC military installations, including Davis-Monthan AFB. The contractor shall not hire illegal aliens to perform contract services on Davis-Monthan AFB, nor attempt to bring illegal aliens on the installation. Illegal aliens found on Davis-Monthan AFB shall be immediately detained by base security forces and barred from the installation. Corrective/punitive action will be taken against the contractor and the illegal alien if the contractor hires illegal aliens to perform contract services on Davis-Monthan AFB.

Foreign Nationals. AFI 31-133 states that foreign nationals are only to be granted un-escorted access with explicit written authorization from the installation commander, on a case by case basis.

Davis Monthan AFB Marijuana Policy In accordance with 355 Fighter Wing guidance, all persons are prohibited from introducing, using, possessing, distributing, or purchasing marijuana on Davis-Monthan AFB for any reason, even if it has been medically prescribed. Contractors who violate this guidance shall be immediately detained by base security forces, who will then turn those persons over to the local authorities and those individuals found in violation shall be barred from the installation.

Antiterrorism (AT) Level 1 Awareness Training. All contractor employees, including subcontractor employees, requiring routine physical access to military installations must complete AT Level I awareness training within 30 days of requiring access and annually thereafter. Certificates of completion for each contractor employee and subcontractor employee must be submitted to the COR or the unit's Antiterrorism Representative. AT level I awareness training is available at the following website: http://jko.jten.mil.

Section I - Contract Clauses

Miscellaneous text in this section has been modified to:

[id=1080872, AwardId=513341, MiscellaneousText=, CSIDivision=, CSISection=, Section=I, FormattedMiscellaneousText=

52.204-9 Personal Identity Verification of Contractor Personnel.

As prescribed in , insert the following clause: 4.1303

Personal Identity Verification of Contractor Personnel (Jan 2011)

(a) The Contractor comply with agency personal identity verification procedures identified in the contract that implement Homeland Security shall Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor account for all forms of Government-provided identification issued to the Contractor employees in connection with shall performance under this contract. The Contractor return such identification to the issuing agency at the earliest of any of the following, unless shall otherwise determined by the Government:

(1) When no longer needed for contract performance.

FA487724R00120004

https://www.acquisition.gov/far/4.1303#FAR_4_1303

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(c) The delay final payment under a contract if the Contractor fails to comply with these requirements. Contracting Officer may

(d) The Contractor insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are shall required to have routine physical access to a Federally-controlled facility and/or routine access to a . It Federally-controlled information system shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved by the . in writing Contracting Officer

(End of clause)

52.222-27 Affirmative Action Compliance Requirements for Construction.

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

Affirmative Action Compliance Requirements for Construction (Apr 2015)

(a) Definitions. As used in this clause-

Covered area means the geographical area described in the for this contract. solicitation

Deputy Assistant Secretary, means the for the Office of Federal Contract Compliance Programs, U.S. Department of Deputy Assistant Secretary Labor, or a designee.

Employer identification number, means the Federal Social Security number used on the employer's quarterly Federal tax return, U.S. Treasury Department Form 941.

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

gov/ofccp/LGBT/LGBT_FAQs.html.

Minority, as used in this clause, means-

(1) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

(2) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands);

(3) Black (all persons having origins in any of the black African racial groups not of Hispanic origin); and

(4) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race).

Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.

dol.gov/ofccp/LGBT/LGBT_FAQs.html.

(b) If the Contractor, or a subcontractor at any tier, subcontracts a portion of the work involving any trade, each such subcontract in construction excess of $10,000 include this clause and the Notice containing the goals for and female participation stated in the for this shall minority solicitation contract.

(c) If the Contractor is participating in a Hometown Plan approved by the U.S. Department of Labor in a , either (41 CFR 60-4) covered area individually or through an association, its affirmative action obligations on all work in the plan area (including goals) comply with the plan for shall those trades that have unions participating in the plan. Contractors be able to demonstrate participation in, and compliance with, the provisions must of the plan. Each Contractor or subcontractor participating in an approved plan is also required to comply with its obligations under the Equal Opportunity clause, and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good-faith performance by other Contractors or subcontractors toward a goal in an approved plan does not excuse any Contractor's or subcontractor's failure to make good-faith efforts to achieve the plan's goals.

(d) The Contractor implement the affirmative action procedures in paragraphs (g)(1) through (16) of this clause. The goals stated in the shall for this contract are expressed as percentages of the total hours of employment and training of and female utilization that the solicitation minority

Contractor reasonably be able to achieve in each trade in which it has employees in the . If the Contractor performs should construction covered area

FA487724R00120004

https://www.acquisition.gov/far/22.810#FAR_22_810 work in a geographical area located outside of the , it apply the goals established for the geographical area where that construction covered area shall work is actually performed. The Contractor is expected to make substantially uniform progress toward its goals in each craft.

(e) Neither the terms and conditions of any collective bargaining agreement, nor the failure by a union with which the Contractor has a collective bargaining agreement, to refer or women excuse the Contractor's obligations under this clause, Executive Order11246, as amended, or minorities shall the regulations thereunder.

(f) In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, apprentices and trainees be must employed by the Contractor during the training period, and the Contractor have made a commitment to employ the apprentices and trainees at must the completion of their training, subject to the availability of employment opportunities. Trainees be trained pursuant to training programs must approved by the U.S. Department of Labor.

(g) The Contractor take affirmative action to ensure equal employment opportunity. The evaluation of the Contractor's compliance with this shall clause be based upon its effort to achieve maximum results from its actions. The Contractor document these efforts fully and implement shall shall affirmative action steps at least as extensive as the following:

(1) Ensure a working environment free of harassment, intimidation, and coercion at all sites and in all facilities where the Contractor's employees are assigned to work. The Contractor, if possible, will assign two or more women to each project. The Contractor ensure that foremen, construction shall superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to or female individuals working at these sites or facilities. minority

(2) Establish and maintain a current list of sources for and female recruitment. Provide written notification to and female minority minority recruitment sources and community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses.

(3) Establish and maintain a current file of the names, addresses, and telephone numbers of each and female off-the-street applicant, referrals minority of or females from unions, recruitment sources, or community organizations, and the action taken with respect to each individual. If an minorities individual was sent to the union hiring hall for referral and not referred back to the Contractor by the union or, if referred back, not employed by the Contractor, this be documented in the file, along with whatever additional actions the Contractor have taken. shall may

(4) Immediately notify the when the union or unions with which the Contractor has a collective bargaining agreement has Deputy Assistant Secretary not referred back to the Contractor a or woman sent by the Contractor, or when the Contractor has other information that the union referral minority process has impeded the Contractor's efforts to meet its obligations.

(5) Develop on-the-job training opportunities and/or participate in training programs for the area that expressly include and women, minorities including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor provide notice of these programs to the sources compiled under paragraph (g) shall

(2) of this clause.

(6) Disseminate the Contractor's equal employment policy by-

(i) Providing notice of the policy to unions and to training, recruitment, and outreach programs, and requesting their cooperation in assisting the Contractor in meeting its contract obligations;

(ii) Including the policy in any policy manual and in collective bargaining agreements;

(iii) Publicizing the policy in the company newspaper, annual report, etc.;

(iv) Reviewing the policy with all management personnel and with all and female employees at least once a year; and minority

(v) Posting the policy on bulletin boards accessible to employees at each location where work is performed. construction

(7) Review, at least annually, the Contractor's equal employment policy and affirmative action obligations with all employees having responsibility for hiring, assignment, layoff, termination, or other employment decisions. Conduct review of this policy with all on-site supervisory personnel before initiating work at a job site. A written record be made and maintained identifying the time and place of these meetings, persons construction shall attending, subject matter discussed, and disposition of the subject matter.

(8) Disseminate the Contractor's equal employment policy externally by including it in any advertising in the news media, specifically including and female news media. Provide written notification to, and discuss this policy with, other Contractors and subcontractors with which the minority

Contractor does or anticipates doing business.

(9) Direct recruitment efforts, both oral and written, to , female, and community organizations, to schools with and female students, minority minority and to and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than 1 minority month before the date for acceptance of applications for apprenticeship or training by any recruitment source, send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.

(10) Encourage present and female employees to recruit persons and women. Where reasonable, provide after-school, summer, and minority minority vacation employment to and female youth both on the site and in other areas of the Contractor's workforce. minority

(11) Validate all tests and other selection requirements where required under . 41 CFR 60-3

(12) Conduct, at least annually, an inventory and evaluation at least of all and female personnel for promotional opportunities. Encourage minority these employees to seek or to prepare for, through appropriate training, etc., opportunities for promotion.

(13) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the Contractor's obligations under this contract are being carried out.

(14) Ensure that all facilities and company activities are nonsegregated except that separate or single-user rest rooms and necessary dressing or sleeping areas be provided to assure privacy between the sexes. shall

(15) Maintain a record of for subcontracts for and female contractors and suppliers, including circulation of solicitations minority construction to and female contractor associations and other business associations.solicitations minority

(16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's equal employment policy and affirmative action obligations.

(h) The Contractor is encouraged to participate in voluntary associations that assist in fulfilling one or more of the affirmative action obligations may contained in paragraphs (g)(1) through (16) of this clause. The efforts of a contractor association, joint contractor-union, contractor-community, or similar group of which the contractor is a member and participant be asserted as fulfilling one or more of its obligations under paragraphs (g)(1) may through (16) of this clause, provided, the Contractor-

(1) Actively participates in the group;

(2) Makes every effort to ensure that the group has a positive impact on the employment of and women in the industry; minorities

(3) Ensures that concrete benefits of the program are reflected in the Contractor's and female workforce participation; minority

(4) Makes a good-faith effort to meet its individual goals and timetables; and

(5) Can provide access to documentation that demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply is the Contractor's, and failure of such a group to fulfill an obligation not be a defense for the Contractor's noncompliance. shall

(i) A single goal for and a separate single goal for women be established. The Contractor is required to provide equal employment minorities shall opportunity and to take affirmative action for all groups, both male and female, and all women, both and nonminority. minority minority Consequently, the Contractor be in violation of Executive Order11246, as amended, if a particular group is employed in a substantially disparate may manner.

(j) The Contractor not use goals or affirmative action standards to discriminate against any person because of race, color, religion, sex, shall sexual , , or national origin.orientation gender identity

(k) The Contractor not enter into any subcontract with any person or firm debarred from Government contracts under Executive Order11246, as shall amended.

(l) The Contractor carry out such sanctions and penalties for violation of this clause and of the Equal Opportunity clause, including , shall suspension termination, and cancellation of existing subcontracts, as be imposed or ordered under Executive Order11246, as amended, and its implementing may regulations, by the OFCCP. Any failure to carry out these sanctions and penalties as ordered be a violation of this clause and Executive shall Order11246, as amended.

(m) The Contractor in fulfilling its obligations under this clause implement affirmative action procedures at least as extensive as those prescribed shall in paragraph (g) of this clause, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of Executive Order11246, as amended, the implementing regulations, or this clause, the Deputy Assistant Secretary take action as prescribed in .8.shall 41 CFR 60-4

(n) The Contractor designate a responsible official to- shall

(1) Monitor all employment-related activity to ensure that the Contractor's equal employment policy is being carried out;

(2) Submit reports as be required by the Government; and may

(3) Keep records that at least include for each employee the name, address, telephone number, trade, union affiliation (if any), shall construction employee identification number, social security number, race, sex, status ( mechanic, apprentice, trainee, helper, or laborer), dates of changes in e.g., status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records be maintained in an shall easily understandable and retrievable form; , to the degree that existing records satisfy this requirement, separate records are not required to however be maintained.

(o) Nothing contained herein be construed as a limitation upon the application of other laws that establish different standards of compliance or shall upon the requirements for the hiring of local or other area residents ( those under the Public Works Employment Act of1977 and the Community e.g., Development BlockGrant Program).

(End of clause)

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

As prescribed in , insert the following clause: 22.1906

Minimum Wages for Contractor Under Executive Order 14026 (Jan 2022) Workers

(a) Definitions. As used in this clause--

United States means the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, ). et seq.

Worker -

(1)

(i) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 14026, and-

(A) Whose wages under such contract are governed by the Fair Labor Standards Act ( 29 U.S.C. chapter 8), the Service Contract Labor Standards statute ( 41 U.S.C. chapter 67), or the Wage Rate Requirements ( ) statute ( 40 U.S.C. chapter 31, subchapter IV); Construction

(B) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in ; 29 CFR part 541 and

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(ii) Includes performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U. workers S.C. 214(c).

(iii) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(2)

(i) A performs a contract if the directly performs the specific services called for by the contract; and worker on worker

(ii) A performs with a contract if the 's work activities are necessary to the performance of a contract but are not the worker in connection worker specific services called for by the contract.

(b) Executive Order Minimum wage rate.

(1) The Contractor pay to , while performing in the , and performing on, or in connection with, this contract, a minimum shall workers United States hourly wage rate of $15.00 per hour beginning January 30, 2022.

(2) The Contractor adjust the minimum wage paid, if necessary, beginning January 1, 2023, and annually thereafter, to meet the applicable shall annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on (or any successor website), and a general notice on all wage determinations https://www.sam.gov issued under the Service Contract Labor Standards statute or the Wage Rate Requirements ( ) statute, that will provide information on the Construction E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract.

(3)

(i) The Contractor request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be may adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs include increases or decreases that result from changes in shall social security and unemployment taxes and ' compensation , but will not otherwise include any amount for general and workers insurance administrative costs, overhead, or profit.

FA487724R00120004

https://www.acquisition.gov/far/22.1906#FAR_22_1906 https://www.sam.gov/

(ii) Subcontractors be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors consider any may shall subcontractor requests for such price adjustment.

(iii) The will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this Contracting Officer clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements ( ) statute.Construction

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(5) A pay period under this clause not be longer than semi-monthly, but be shorter to comply with any applicable law or other requirement may may under this contract establishing a shorter pay period. be paid no later than one pay period following the end of the regular pay period in Workers shall which such wages were earned or accrued.

(6) The Contractor pay, unconditionally to each , all wages due free and clear without subsequent rebate or kickback. The Contractor shall worker may make deductions that reduce a 's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 23.230, Deductions. worker

(7) The Contractor not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to shall whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.workers

(8) Nothing in this clause excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law shall or municipal ordinance or any applicable contract establishing a minimum wage higher than the E.O. 14026 minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate. shall

(10) The Contractor follow the policies and procedures in 29 CFR 23.240(b) and 23.280 for treatment of engaged in an occupation in shall workers which they customarily and regularly receive more than $30 a month in tips.

(c)

(1) This clause applies to as defined in paragraph (a). As provided in that definition- workers

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the ; worker

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and

(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.

(2) This clause does not apply to-

(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., those individuals who i.e.

perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;

(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements ( ) statute. These individuals include but are not limited to-Construction

(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a) ;

(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b) ; and

(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541).

(d) Notice. The Contractor notify all performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate shall workers under this clause. With respect to covered by the Service Contract Labor Standards statute or the Wage Rate Requirements ( ) workers Construction statute, the Contractor meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination may under those statutes. With respect to whose wages are governed by the FLSA, the Contractor post notice, utilizing the poster provided workers shall by the Administrator, which can be obtained at , in a prominent and accessible place at the www.dol.gov/agencies/whd/government-contracts worksite. Contractors that customarily post notices to electronically post the notice electronically provided the electronic posting is workers may displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.

(e) Payroll Records.

https://www.acquisition.gov/far/www.dol.gov/agencies/whd/government-contracts

(1) The Contractor make and maintain records, for three years after completion of the work, containing the following information for each shall :worker

(i) Name, address, and social security number;

(ii) The 's occupation(s) or classification(s); worker

(iii) The rate or rates of wages paid;

(iv) The number of daily and weekly hours worked by each ; worker

(v) Any deductions made; and

(vi) Total wages paid.

(2) The Contractor make records pursuant to paragraph (e)(1) of this clause available for and transcription by authorized shall inspection representatives of the Administrator. The Contractor also make such records available upon request of the . shall Contracting Officer

(3) The Contractor make a copy of the contract available, as applicable, for or transcription by authorized representatives of the shall inspection Administrator.

(4) Failure to comply with this paragraph (e) be a violation of 29 CFR 23.260 and this contract. Upon direction of the Administrator or upon the shall 's own action, payment be withheld until such time as the noncompliance is corrected.Contracting Officer shall

(5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements ( ) statute, the Fair Labor Standards Act, or any other applicable law.Construction

(f) Access. The Contractor permit authorized representatives of the Administrator to conduct investigations, including interviewing at shall workers the worksite during normal working hours.

(g) Withholding. The , upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds Contracting Officer to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay the full amount of workers wages required by this clause.

(h) Disputes. Department of Labor has set forth in 29 CFR 23.510, Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 23. Such disputes be resolved in accordance with shall those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the agency, the Department of Labor, or the or their representatives. contracting workers

(i) Antiretaliation. The Contractor not discharge or in any other manner discriminate against any because such has filed any shall worker worker complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.

(j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and be held liable may for unpaid wages due subcontractor . workers

(k) Subcontracts. The Contractor include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, shall that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements ( ) statute, and are to be performed in Construction whole or in part in the . United States

(End of clause)

52.227-1 Authorization and Consent.

As prescribed in , insert the following clause: (a)(1)27.201-2

Authorization and Consent (Jun 2020)

(a) The Government authorizes and consents to all use and manufacture, in performing this contract or any subcontract at any tier, of any invention described in and covered by a patent- United States

(1) Embodied in the structure or composition of any article the delivery of which is accepted by the Government under this contract; or

FA487724R00120004

https://www.acquisition.gov/far/27.201-2#FAR_27_201_2

(2) Used in machinery, tools, or methods whose use necessarily results from compliance by the Contractor or a subcontractor with (i) specifications or written provisions forming a part of this contract or (ii) specific written instructions given by the directing the manner of Contracting Officer performance. the entire liability to the Government for infringement of a patent be determined solely by the provisions of the United States shall indemnity clause, if any, included in this contract or any subcontract hereunder (including any lower-tier subcontract), and the Government assumes liability for all other infringement to the extent of the authorization and consent hereinabove granted.

(b) The Contractor include the substance of this clause, including this paragraph (b), in all subcontracts that are expected to exceed the simplified shall threshold, as defined in Federal Regulation (FAR) on the date of subcontract award. However, omission of this clause acquisition Acquisition 2.101 from any subcontract, including those at or below the , as defined in FAR on the date of subcontract award, does simplified acquisition threshold 2.101 not affect this authorization and consent.

(End of clause)

IAlternate (Apr 1984). As prescribed in (a)(2), substitute the following paragraph (a) for paragraph (a) of the basic clause: 27.201-2

(a) The Government authorizes and consents to all use and manufacture of any invention described in and covered by a patent in the United States performance of this contract or any subcontract at any tier.

IIAlternate (Apr 1984). As prescribed in (a)(3), substitute the following paragraph (a) for paragraph (a) of the basic clause: 27.201-2

(a) The Government authorizes and consents to all use and manufacture in the performance of any order at any tier or subcontract at any tier placed under this contract for communication services and facilities for which rates, charges, and tariffs are established by a government regulatory body, not of any invention described in and covered by a patent- United States

(1) Embodied in the structure or composition of any article the delivery of which is accepted by the Government under this contract; or

(2) Used in machinery, tools, or methods whose use necessarily results from compliance by the Contractor or a subcontractor with specifications or written provisions forming a part of this contract or with specific written instructions given by the directing the manner of Contracting Officer performance.

52.232-39 Unenforceability of Unauthorized Obligations.

As prescribed in , insert the following clause: 32.706-3

Unenforceability of Unauthorized Obligations (Jun 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following govern: shall

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user be deemed to have agreed to such clause by virtue of it appearing in the shall EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(End of clause)

52.233-1 Disputes.

FA487724R00120004

https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/27.201-2#FAR_27_201_2 https://www.acquisition.gov/far/27.201-2#FAR_27_201_2 https://www.acquisition.gov/far/32.706-3#FAR_32_706_3

As prescribed in , insert the following clause: 33.215

Disputes ( 2014)May

(a) This contract is subject to 41 U.S.C chapter 71, Contract Disputes.

(b) Except as provided in 41 U.S.C chapter 71, all disputes arising under or relating to this contract be resolved under this clause. shall

(c) " ," as used in this clause, means a written demand or written assertion by one of the parties seeking, as a matter of right, the Claim contracting payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract.

However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a under 41 U.S.C claim chapter 71 until certified. A voucher, , or other routine request for payment that is not in dispute when submitted is not a under 41 U.S.C invoice claim chapter 71.