Solicitation_-_FA500418BA002.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

FA500418BA002

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 Replace steam and condensate lines from MH523 to Building 3417, complete.

Replace steam and condensate lines from MH524 to Building 3419 and steam, condensate, water, and sewer lines from MH524 to Building 3420, complete. Replace steam and condensate lines from MH525526 to Building 6209, complete. Replace steam, condensate, water, and sewer lines from MH5281 to Building 3446, complete. Removal and off-base disposal of hazardous materials.

Product Service Code: Z2BD Signal Code: S Firm Fixed Price

1.0 Job

Section C - Description/Specifications/Statement of Work

Requirements Repair utilities infrastructure, specifically the arctic utilidor at the Central Heat and Power Plant south on industrial Ave.

DFARS Clauses Incorporated by Full Text

252.222-7000 Restrictions on Employment of Personnel. 2000-03 As prescribed in 222.7004, use the following clause:\n RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000)\n (a) The Contractor shall employ, for the purpose of performing that portion of the contract work in __ALASKA__, individuals who are residents thereof and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills to perform the contract.\n (b) The Contractor shall insert the substance of this clause, including this paragraph (b), in each subcontract awarded under this contract.\n (End of clause)\n

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Effective Date 52.246-12 52.246-16

Title Inspection of Construction.

Responsibility for Supplies.

1996-08 1984-04

0001 Inspection and Acceptance Location

Both Destination Instructions: Contracting must validate inspection and acceptance

DoDAAC: F1U3C7 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA5004 354 CONS LGC

2310 CENTRAL AVE STE 3

CP 907 377 5207

EIELSON AFB, AK 99702 2200

United States

OfficeCode:

Project Manager Telephone: 907-377-1146 Email:

Section F - Deliveries or Performance

0001 Ship To AddressDelivery Schedule

Delivery Schedule From date of lead time event to completion of performance 120 Calendar Days Date of Notice to Proceed Receipt

Place of Performance

DoDAAC: F1U3C7 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

354 CES CECC

2310 CENTRAL AVE STE 3

AF BPN NO MILSBILLS PROCESSES

EIELSON AFB, AK 99702 2299

United States

OfficeCode:

Project Manager Telephone: 317-377-1146 Email:

FoB Details

Contractor Destination

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.242-17 Government Delay of Work. 1984-04 52.247-34 F.o.b. Destination. 1991-11

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.247-7023 Transportation of Supplies by Sea. 2014-04

FAR Clauses Incorporated by Full Text

52.211-10 Commencement, Prosecution, and Completion of Work. 1984-04 As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.\n Commencement, Prosecution, and Completion of Work (Apr 1984)\n The Contractor shall be required to (a) commence work under this contract within __10__ calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than __120__.* The time stated for completion shall include final cleanup of the premises.\n

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 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

252.204-0001 Line Item Specific: Single Funding. 2009-09 The payment office shall make payment using the ACRN funding of the line item being billed.

252.232-7006 Wide Area WorkFlow Payment Instructions. 2013-05 As prescribed in 232.7004(b), use the following clause:\n WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)\n (a) Definitions. As used in this clause-\n Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.\n Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).\n Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.\n (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.\n (c) WAWF access. To access WAWF, the Contractor shall-\n (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and\n (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.\n (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/\n (e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.\n (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:\n (1) Document type.

The Contractor shall use the following document type(s).\n __CONSTRUCTION INVOICE__\n (Contracting Officer: Insert applicable document type(s). Note: If a Combo document type is identified but not supportable by the Contractors business systems, an Invoice (stand-alone) and Receiving Report (stand-alone) document type may be used instead.)\n (2) Inspection/ acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.\n __FA5004__\n (Contracting Officer: Insert inspection and acceptance locations or Not applicable.)\n (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.\n Routing Data Table*\n ~~| Field Name in WAWF || Data to be entered in WAWF |~| Pay Official DoDAAC || __F87700__ |~| Issue By DoDAAC || __FA5004__ |~| Admin DoDAAC || __FA5004__ |~| Inspect By DoDAAC || __F1U3TR__ |~| Ship To Code || __N/A__ |~| Ship From Code || __N/A__ |~| Mark For Code || __N/A__ |~| Service Approver (DoDAAC) || __N/A__ |~| Service Acceptor (DoDAAC) || __F1U3TR__ |~| Accept at Other DoDAAC || __N/A__ |~| LPO DoDAAC || __N/A__ |~| DCAA Auditor DoDAAC || __N/ A__ |~| Other DoDAAC(s) || __N/A__ |~~\n (*Contracting Officer: Insert applicable DoDAAC information or See schedule if multiple ship to/acceptance locations apply, or Not applicable.)\n (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.\n (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.\n __RACHEL.OLDFIELD@US.AF.MIL__\n __JAMES.KOT@US.AF.MIL__\n (Contracting Officer: Insert applicable email addresses or Not applicable.)\n (g) WAWF point of contact.\n (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activitys WAWF point of contact.\n __RACHEL.OLDFIELD@US.AF.MIL__\n (Contracting Officer: Insert applicable information or Not applicable.)\n (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.\n (End of clause)\n

Section H - Special Contract Requirements

DFARS Clauses Incorporated by Full Text

252.211-7003 Item Unique Identification and Valuation. 2016-03 As prescribed in 211.274-6(a)(1), use the following clause:\n ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)\n (a) Definitions. As used in this clause\n Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.\n Concatenated unique item identifier means\n (1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or\n (2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.\n Data matrix means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.\n Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.\n DoD recognized unique identification equivalent means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.\n DoD item unique identification means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number.

For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

\n Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

\n Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.\n Governments unit acquisition cost means\n (1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;\n (2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractors estimated fully burdened unit cost to the Government at the time of delivery; and\n (3) For items produced under a time-and-materials contract, the Contractors estimated fully burdened unit cost to the Government at the time of delivery.\n Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.\n Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise identifier.\n Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.\n Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.\n Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.\n Original part number means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.\n Parent item means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.\n Serial number within the enterprise identifier means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.\n Serial number within the part, lot, or batch number means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.\n Serialization within the enterprise identifier means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.\n Serialization within the part, lot, or batch number means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.\n Type designation means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.\n Unique item identifier means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

\n Unique item identifier type means a designator to indicate which method of uniquely identifying a part has been used.

The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.

\n (b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.\n (c) Unique item identifier.\n

(1) The Contractor shall provide a unique item identifier for the following:\n (i) Delivered items for which the Governments unit acquisition cost is $5,000 or more, except for the following line items:\n Contract Line, Subline, or \n Exhibit Line Item

Number Item Description\n ____\n ____\n ____\n (ii) Items for which the Governments unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:\n Contract Line, Subline, or \n Exhibit Line Item Number Item Description\n ____\n ____\n ____\n (If items are identified in the Schedule, insert See Schedule in this table.)\n (iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ____.\n (iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ____.\n (v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.\n (2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.\n (3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology International symbology specification Data matrix; ECC200 data matrix specification.\n (4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that\n (i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:\n (A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.\n (B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.\n (C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and\n (ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology Transfer Syntax for High Capacity Automatic Data Capture Media.\n (5) Unique item identifier.\n (i) The Contractor shall\n (A) Determine whether to\n (1) Serialize within the enterprise identifier;\n (2) Serialize within the part, lot, or batch number; or\n (3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and\n (B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;\n (C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and\n (D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.\n (ii) The issuing agency code\n (A) Shall not be placed on the item; and\n (B) Shall be derived from the data qualifier for the enterprise identifier.\n (d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:\n (1) Unique item identifier.\n (2) Unique item identifier type.\n (3) Issuing agency code (if concatenated unique item identifier is used).\n (4) Enterprise identifier (if concatenated unique item identifier is used).\n (5) Original part number (if there is serialization within the original part number).\n (6) Lot or batch number (if there is serialization within the lot or batch number).\n (7) Current part number (optional and only if not the same as the original part number).\n (8) Current part number effective date (optional and only if current part number is used).\n (9) Serial number (if concatenated unique item identifier is used).\n (10) Governments unit acquisition cost.\n (11) Unit of measure.\n (12) Type designation of the item as specified in the contract schedule, if any.\n (13) Whether the item is an item of Special Tooling or Special Test Equipment.

\n (14) Whether the item is covered by a warranty.\n (e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:\n (1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.\n (2) Unique item identifier of the embedded subassembly, component, or part.\n (3) Unique item identifier type.**\n (4) Issuing agency code (if concatenated unique item\n identifier is used).**\n (5) Enterprise identifier (if concatenated unique item identifier is used).**\n (6) Original part number (if there is serialization within the original part number).**\n (7) Lot or batch number (if there is serialization within the lot or batch number).**\n (8) Current part number (optional and only if not the same as the original part number).**\n (9) Current part number effective date (optional and only if current part number is used).**\n (10) Serial number (if concatenated unique item identifier is used).**\n (11) Description.\n ** Once per item.\n (f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:\n (1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.\n (2) Embedded items shall be reported by one of the following methods\n (i) Use of the embedded items capability in WAWF;\n

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/ site/uidregistry/; or\n (iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) ____, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.\n (g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial items.\n (End of clause)\n

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.202-1 Definitions. 2013-11 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

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. 2014-05 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10 52.203-17 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

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.2011-05 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 52.204-19 Incorporation by Reference of Representations and Certifications. 2014-12 52.204-22 Alternative Line Item Proposal. 2017-01 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

52.209-10 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

52.211-5 Material Requirements. 2000-08 52.219-8 Utilization of Small Business Concerns. 2016-11 52.219-13 Notice of Set-Aside of Orders. 2011-11 52.222-3 Convict Labor. 2003-06 52.222-6 Construction Wage Rate Requirements. 2014-05 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 52.222-10 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 52.222-19 Child Labor-Cooperation with Authorities and Remedies. 2018-01 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.222-27 Affirmative Action Compliance Requirements for Construction. 2015-04 52.222-37 Employment Reports on Veterans. 2016-02 52.222-54 Employment Eligibility Verification. 2015-10 52.222-55 Minimum Wages Under Executive Order 13658. 2015-12 52.222-62 Paid Sick Leave Under Executive Order 13706. 2017-01 52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.223-19 Compliance with Environmental Management Systems. 2011-05 52.223-21 Foams. 2016-06

52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.228-2 Additional Bond Security. 1997-10 52.228-5 Insurance-Work on a Government Installation. 1997-01 52.228-11 Pledges of Assets. 2012-01 52.228-12 Prospective Subcontractor Requests for Bonds. 2014-05 52.228-14 Irrevocable Letter of Credit. 2014-11 52.229-3 Federal, State, and Local Taxes. 2013-02 52.232-17 Interest. 2014-05 52.232-23 Assignment of Claims. 2014-05 52.232-33 Payment by Electronic Funds Transfer-System for Award Management.2013-07 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1 Disputes. 2014-05 52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.236-2 Differing Site Conditions. 1984-04 52.236-3 Site Investigation and Conditions Affecting the Work. 1984-04 52.236-5 Material and Workmanship. 1984-04 52.236-6 Superintendence by the Contractor. 1984-04 52.236-7 Permits and Responsibilities. 1991-11 52.236-8 Other Contracts. 1984-04 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements.

1984-04

52.236-10 Operations and Storage Areas. 1984-04 52.236-11 Use and Possession Prior to Completion. 1984-04 52.236-12 Cleaning Up. 1984-04 52.236-13 Accident Prevention. 1991-11 52.236-15 Schedules for Construction Contracts. 1984-04 52.242-13 Bankruptcy. 1995-07 52.242-14 Suspension of Work. 1984-04 52.243-1 Changes-Fixed-Price. 1987-08 52.243-1 Changes-Fixed-Price. 1984-04 52.243-4 Changes. 2007-06 52.244-6 Subcontracts for Commercial Items. 2018-07 52.246-23 Limitation of Liability. 1997-02 52.246-25 Limitation of Liability-Services. 1997-02 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 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 52.249-2 Termination for Convenience of the Government (Fixed-Price). 1996-09 52.249-8 Default (Fixed-Price Supply and Service). 1984-04 52.249-10 Default (Fixed-Price Construction). 1984-04

DFARS Clauses Incorporated by Reference

Number Title Effective Date 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. 2013-09 252.204-7000 Disclosure of Information. 2016-10 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7005 Oral Attestation of Security Responsibilities. 2001-11 252.204-7008 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

252.222-7006 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. 2013-06 252.225-7012 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

252.232-7010 Levies on Contract Payments. 2006-12 252.236-7005 Airfield Safety Precautions. 1991-12 252.236-7013 Requirement for Competition Opportunity for American Steel

Producers, Fabricators, and Manufacturers.

2013-06

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06 252.244-7001 Contractor Purchasing System Administration. 2014-05 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance

System.

2016-08

252.246-7008 Sources of Electronic Parts. 2017-12

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. 1989-12 As prescribed in 4.103, insert the following clause:\n Approval of Contract (Dec 1989)\n This contract is subject to the written approval of Chief of the Contracting Office and shall not be binding until so approved.\n (End of clause)\n

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

52.211-12 Liquidated Damages-Construction. 2000-09 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 $286.83 for the first day and $257.49 for each calendar day thereafter 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 52.219-28 Post-Award Small Business Program Rerepresentation. 2013-07 As prescribed in 19.309(c), insert the following clause:\n Post-Award Small Business Program Rerepresentation (Jul 2013)\n (a) Definitions. As used in this clause-\n Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.\n Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is not dominant in its field of operation when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.\n (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:\n (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.\n (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.\n (3) For long-term contracts-\n (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and\n (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.\n (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http:// www.sba.gov/content/table-small-business-size-standards.\n (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.\n

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.\n (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.\n (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:\n The Contractor represents that it [_] is, [_] is not a small business concern under NAICS Code ____ assigned to contract number ____.\n [Contractor to sign and date and insert authorized signer's name and title].\n (End of clause)\n 52.222-26 Equal Opportunity. 2016-09 As prescribed in 22.810(e), insert the following clause:\n Equal Opportunity (Sept 2016)\n (a) Definition. As used in this clause.\n "Compensation" means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.\n "Compensation information" means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.\n "Essential job functions" means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if-\n (1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or\n (2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.\n "Gender identity" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.\n "Sexual orientation" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.\n "United States," means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.\n (b)(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.

\n (2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).\n (c)(1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5.\n (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to-\n (i) Employment;\n (ii) Upgrading;\n (iii) Demotion;\n

(iv) Transfer;\n (v) Recruitment or recruitment advertising;\n (vi) Layoff or termination;\n (vii) Rates of pay or other forms of compensation; and\n (viii) Selection for training, including apprenticeship.\n (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.\n (4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.\n (5)(i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

\n (ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the…