Solicitation Amendment 4 - FA524023R00100004.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

Section A - Solicitation/Contract Form

FY23 AF Multiple Award Construction Contract (MACC)

FA524023R00100004

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

CLIN TASK ORDER MINIMUM/MAXIMUM ORDER VALUE

The total value of all task orders under this IDIQ shall not exceed $250,000,000.00. The minimum/maximum order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum /maximum order value stated below.

MINIMUM AMOUNT- $2,000.00

MAXIMUM AMOUNT- $10,000,000.00

MINIMUM GUARANTEE

The Government will rank each selected awardee by price from lowest to highest for the Seed Project and award the Seed Project to the lowest-priced offeror. A post award orientation seminar will be held in which all awardees will receive their first task order of $2,500 for attendance as the minimum guarantee for the life of the contract.

Item Supplies/Service Estimated Quantity

Unit Unit Price

Amount

BASE ORDERING PERIOD: The contractor shall provide all materials, equipment, tools, labor, transportation, and management necessary to perform the MACC. The MACC is a multiple award, design-build indefinite delivery/indefinite quantity (IDIQ) construction acquisition described in the statement of work with project requirements further defined with each individual task order. The work will consist of multiple disciplines in construction to include repair, alteration, and construction of real property improvements on Andersen Air Force Base and Northwest Field, Guam.

Specification Number: FA524023R0010 Product Service Code: Z2JZ Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item

OPTION ORDERING PERIOD: The contractor shall provide all materials, equipment, tools, labor, transportation, and management necessary to perform the MACC. The MACC is a multiple award, design-build indefinite delivery/indefinite quantity (IDIQ) construction acquisition described in the statement of work with project requirements further defined with each individual task order. The work will consist of multiple disciplines in construction to include repair, alteration, and construction of real property improvements on Andersen Air Force Base and Northwest Field, Guam.

Specification Number: FA524023R0010 Product Service Code: Z2JZ Pricing Arrangement: Firm Fixed Price

1 Lot

Section C - Description/Specifications/Statement of Work

See Section J for the General Statement of Work (SOW), SEED Project and All Other Solicitation Attachments.SOW, Requirements FY23 AF Multiple Award Construction Contract (MACC)

DFARS Clauses Incorporated by Full Text

252.222-7000 Restrictions on Employment of Personnel Mar 2000

As prescribed in 222.7004, use the following clause:

RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000)

(a) The Contractor shall employ, for the purpose of performing that portion of the contract work in , individuals who are residents thereof Guam 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.

(b) The Contractor shall insert the substance of this clause, including this paragraph (b), in each subcontract awarded under this contract.

(End of clause)

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-12 Inspection of Construction. Aug 1996

Section F - Deliveries or Performance

Overall Contract Delivery Period

From date of lead time event to completion of performance 1826 Calendar Days Date of Award Receipt

From date of lead time event to beginning of performance 1 Calendar Days Date of Award Receipt

Line Item Delivery Schedule Estimated Quantity

Address and POC

Delivery Period From 18 Aug 2023 to 17 Aug 2028

Period of Performance From 18 Aug 2023 To 17 Aug 2028

1 Lot Place of Performance DoDAAC: F1C346 CountryCode: USA

MSG CE

AF BPN NO MILSBILLS PROCESSES, UNIT 14007

APO, AP 96543-4007

UNITED STATES

To Be Determined at Task Order Level Email: troy_joseph.manibusan@us.af.mil

Option Line Item

Delivery Period From 18 Aug 2028 to 17 Aug 2030

Period of Performance From 18 Aug 2028 To 17 Aug 2030

1 Lot Place of Performance DoDAAC: F1C346 CountryCode: USA

MSG CE

AF BPN NO MILSBILLS PROCESSES, UNIT 14007

APO, AP 96543-4007

UNITED STATES

To Be Determined at Task Order Level Email: troy_joseph.manibusan@us.af.mil

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.211-18 Variation in Estimated Quantity. Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.223-7003 Change in Place of Performance--Ammunition and Explosives. Dec 1991 252.247-7023 Transportation of Supplies by Sea. Feb 2019

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7002 Payment for Contract Line or Subline Items Not Separately Priced. Apr 2020 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Tailored) Jan 2023

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

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

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

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

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

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.

WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s): Construction Invoice Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.

when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC TBD at TO Level

Issue By DoDAAC FA5240

Admin DoDAAC FA5240

Inspect By DoDAAC TBD at TO Level

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) TBD at TO Level

Accept at Other DoDAAC FA5240

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(g) WAWF point of contact.

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

Katrina J. Pangelinan via email at katrina.pangelinan@us.af.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section H - Special Contract Requirements

See Section J for Special Contract Requirements.

Section I - Contract Clauses

Number Title Effective Date 52.202-1 Definitions. Jun 2020 52.203-3 Gratuities. Apr 1984 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

Jun 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-2 Alternate II Security Requirements. (Alternate II) Apr 1984 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. May 2011 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts. Oct 2016 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

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

Nov 2021

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

Nov 2021

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

Nov 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.210-1 Market Research. Nov 2021 52.211-13 Time Extensions. Sep 2000 52.215-2 Audit and Records-Negotiation. Jun 2020 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.217-2 Cancellation Under Multi-year Contracts. Oct 1997 52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award. Oct 2022 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.219-8 Utilization of Small Business Concerns. Oct 2022 52.219-13 Notice of Set-Aside of Orders. Mar 2020 52.222-1 Notice to the Government of Labor Disputes. Feb 1997 52.222-3 Convict Labor. Jun 2003 52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation. May 2018 52.222-6 Construction Wage Rate Requirements. Aug 2018 52.222-7 Withholding of Funds. May 2014 52.222-8 Payrolls and Basic Records. Jul 2021 52.222-9 Apprentices and Trainees. Jul 2005 52.222-10 Compliance with Copeland Act Requirements. Feb 1988 52.222-11 Subcontracts (Labor Standards). May 2014 52.222-12 Contract Termination-Debarment. May 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. May 2014 52.222-14 Disputes Concerning Labor Standards. Feb 1988 52.222-15 Certification of Eligibility. May 2014 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-27 Affirmative Action Compliance Requirements for Construction. Apr 2015 52.222-35 Equal Opportunity for Veterans. Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-37 Employment Reports on Veterans. Jun 2020 52.222-41 Service Contract Labor Standards. Aug 2018

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts).

Aug 2018

52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-54 Employment Eligibility Verification. May 2022 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.223-5 Alternate I Pollution Prevention and Right-to-Know Information. (Alternate I) May 2011 52.223-6 Drug-Free Workplace. May 2001

Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

52.223-12 Conditioners. Jun 2016 52.223-15 Energy Efficiency in Energy-Consuming Products. May 2020 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.223-19 Compliance with Environmental Management Systems. May 2011 52.223-20 Aerosols. Jun 2016 52.223-21 Foams. Jun 2016 52.225-1 Buy American-Supplies Oct 2022 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.227-1 Authorization and Consent. Jun 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. Jun 2020 52.227-4 Patent Indemnity-Construction Contracts. Dec 2007 52.228-2 Additional Bond Security. Oct 1997 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.228-11 Deviation 2020-O0016 Pledges of Assets (DEVIATION 2020-O0016) Apr 2020 52.228-12 Prospective Subcontractor Requests for Bonds. Dec 2022 52.228-14 Irrevocable Letter of Credit. Nov 2014 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.232-16 Alternate III Progress Payments. (Alternate III) Jun 2020 52.232-16 Alternate I Progress Payments. (Alternate I) Mar 2000 52.232-17 Interest. May 2014 52.232-18 Availability of Funds. Apr 1984 52.232-23 Assignment of Claims. May 2014 52.232-23 Alternate I Assignment of Claims. (Alternate I) Apr 1984 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services. Nov 2021 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Nov 2021 52.233-1 Disputes. May 2014 52.233-1 Alternate I Disputes. (Alternate I) Dec 1991 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.236-2 Differing Site Conditions. Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work. Apr 1984 52.236-5 Material and Workmanship. Apr 1984 52.236-6 Superintendence by the Contractor. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.236-8 Other Contracts. Apr 1984

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

Apr 1984

52.236-10 Operations and Storage Areas. Apr 1984 52.236-11 Use and Possession Prior to Completion. Apr 1984 52.236-12 Cleaning Up. Apr 1984 52.236-13 Accident Prevention. Nov 1991 52.236-13 Alternate I Accident Prevention. (Alternate I) Nov 1991 52.236-15 Schedules for Construction Contracts. Apr 1984 52.236-16 Quantity Surveys. Apr 1984 52.236-17 Layout of Work. Apr 1984 52.236-21 Specifications and Drawings for Construction. Feb 1997 52.236-21 Alternate I Specifications and Drawings for Construction. (Alternate I) Apr 1984 52.242-13 Bankruptcy. Jul 1995 52.242-14 Suspension of Work. Apr 1984 52.243-4 Changes. Jun 2007 52.244-6 Subcontracts for Commercial Products and Commercial Services. Mar 2023 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-2 Alternate I Termination for Convenience of the Government (Fixed-Price). (Alternate I) Sep 1996 52.249-10 Default (Fixed-Price Construction). Apr 1984 52.251-1 Government Supply Sources. Apr 2012 52.253-1 Computer Generated Forms. Jan 1991

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011

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

Jan 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.203-7004 Display of Hotline Posters. Jan 2023 252.204-7000 Disclosure of Information. Oct 2016 252.204-7003 Control of Government Personnel Work Product. Apr 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. May 2016

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

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Mar 2022 252.205-7000 Provision of Information to Cooperative Agreement Holders. Dec 1991

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

May 2019

252.216-7010 Postaward Debriefings for Task Orders and Delivery Orders. Dec 2022 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.223-7002 Safety Precautions for Ammunition and Explosives. May 1994 252.223-7004 Drug-Free Work Force. Sep 1988 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7001 Buy American and Balance of Payments Program. Jan 2023 252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. Jan 2023 252.225-7030 Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate. Dec 2006 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023

252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China.

Jan 2023

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

Jan 2023

252.227-7022 Government Rights (Unlimited). Mar 1979 252.232-7010 Levies on Contract Payments. Dec 2006

252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration.

Dec 2022

252.236-7002 Obstruction of Navigable Waterways. Dec 1991 252.236-7005 Airfield Safety Precautions. Dec 1991

252.236-7013 Requirement for Competition Opportunity for American Steel Producers, Fabricators, and Manufacturers.

Jan 2023

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.242-7006 Accounting System Administration. Feb 2012 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Items. Jan 2023 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. Oct 2010

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. Dec 1989

As prescribed in , insert the following clause:4.103

Approval of Contract (Dec 1989)

This contract is subject to the written approval of and shall not be binding until so approved.36 CONS Contracting Officer

(End of clause)

52.204-2 Security Requirements. Mar 2021

As prescribed in , insert the following clause:4.404(a)

SECURITY REQUIREMENTS (MAR 2021)

This clause applies to the extent that this contract involves access to information classified "Confidential," "Secret," or "Top Secret."(a)

The Contractor shall comply with-(b)

The Security Agreement DD Form441), including the (32 CFR part 117); and(1) National Industrial Security Program Operating Manual

Any revisions to that manual, notice of which has been furnished to the Contractor.(2)

If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the (c) Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding (d) any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

(End of clause)

52.211-10 Alternate I Commencement, Prosecution, and Completion of Work. (Alternate I) Apr 1984

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

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

52.211-10 Commencement, Prosecution, and Completion of Work. Apr 1984

As prescribed in , insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The 11.404(b) clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.

Commencement, Prosecution, and Completion of Work (Apr 1984)

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 the date indicated per each task order. * The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 Liquidated Damages-Construction. Sep 2000

As prescribed in , insert the following clause in solicitations and contracts:11.503(b)

Liquidated Damages-Construction (Sept 2000)

If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the (a) Government in the amount of $886.00 for the first day and $673 for each day thereafter for the Seed Project, while all other projects will be for each calendar day of delay until the work is completed or accepted.determined at the Task Order Level

If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These (b) liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.216-18 Ordering. Aug 2020

As prescribed in , insert the following clause:16.506(a)

Ordering (Aug 2020)

Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals (a) or activities designated in the Schedule. Such orders may be issued from Contract Award through the end of the contract period.

All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or (b) task order and this contract, the contract shall control.

A delivery order or task order is considered "issued" when-(c)

If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;(1)

If sent by fax, the Government transmits the order to the Contractor's fax number; or(2)

If sent electronically, the Government either-(3)

Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or(i)

Distributes the delivery order or task order via email to the Contractor's email address.(ii)

Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.(d)

(End of clause)

52.216-19 Order Limitations. Oct 1995

As prescribed in , insert a clause substantially the same as follows:16.506(b)

Order Limitations (Oct 1995)

. When the Government requires supplies or services covered by this contract in an amount of less than $ , the (a) Minimum order 2,000.00 Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

. The Contractor is not obligated to honor-(b) Maximum order

Any order for a single item in excess of $ ;(1) 10,000,000.00

Any order for a combination of items in excess of $ ; or(2) 50,000,000.00

A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (3) three (3) (b)(1) or (2) of this section.

If this is a requirements contract ( includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), (c) i.e., the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in (d) paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the two (2) Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. Oct 1995

As prescribed in , insert the following clause:16.506(e)

Indefinite Quantity (Oct 1995)

This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities (a) of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall (b) furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may (c) be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within (d) the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; , that the Contractor shall not be required to make any provided deliveries under this contract after .the completion date of the last task order

(End of clause)

52.216-24 Limitation of Government Liability. Apr 1984

As prescribed in , insert the following clause in solicitations and contracts when a letter contract is contemplated:16.603-4(b)(2)

Limitation of Government Liability (Apr 1984)

In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding .(a) TBD at TO Level

The maximum amount for which the Government shall be liable if this contract is terminated is (b) TBD at TO Level.

(End of clause)

52.216-32 Task-Order and Delivery-Order Ombudsman. Sep 2019

As prescribed in , insert the following clause:16.506(j)

Task-Order and Delivery-Order Ombudsman (Sept 2019)

In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. (a) The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

See AFFARS Clause 5352.201-9101 Ombudsman at https://www.acquisition.gov/affars/5352.201-9101-ombudsman.

Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).(b)

Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. (c) When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of clause)

52.217-9 Option to Extend the Term of the Contract. Mar 2000

As prescribed in , insert a clause substantially the same as the following:17.208(g)

Option to Extend the Term of the Contract (Mar 2000)

The Government may extend the term of this contract by written notice to the Contractor within ; (a) 30 days prior to expiration of the contract provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days before the contract expires. The 60 preliminary notice does not commit the Government to an extension.

If the Government exercises this option, the extended contract shall be considered to include this option clause.(b)

The total duration of this contract, including the exercise of any options under this clause, shall not exceed (months) or (years).(c) 84 7

(End of clause)

52.219-14 Limitations on Subcontracting. Oct 2022

As prescribed in , insert the following clause:19.507(e)

Limitations on Subcontracting (Oct 2022)

This clause does not apply to the unrestricted portion of a partial set-aside.(a)

, as used in this clause, means a first-tier subcontractor, including an independent contractor, that-(b) Definition. Similarly situated entity

Has the same small business program status as that which qualified the prime contractor for the award ( , for a small business set-aside (1) e.g.

contract, any small business concern, without regard to its socioeconomic status); and

Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor (2) assigned to the subcontract.

This clause applies only to-(c) Applicability.

Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);(1)

Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);(2)

Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;(3)

Orders expected to exceed the simplified acquisition threshold and that are-(4)

Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or(i)

Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);(ii)

Orders, regardless of dollar value, that are-(5)

Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(i) (2)(i)(F); or

Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award (ii) contracts, as described in 19.504(c)(1)(ii); and

Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the (6) evaluation preference.

An independent contractor shall be considered a subcontractor.(d) Independent contractors.

By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract (e) Limitations on subcontracting.

assigned a North American Industry Classification System (NAICS) code for-

Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to (1) subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the (2) Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the (3) cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract (4) performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

The Contractor shall comply with the limitations on subcontracting as follows:(f)

For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause-(1)

[ ] By the end of the base term of the contract and then by the end of each subsequent option period; or

[ ] By the end of the performance period for each order issued under the contract.

For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.(2)

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protege and its mentor approved by the Small Business Administration, the small business protege shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

52.219-28 Post-Award Small Business Program Rerepresentation. (Tailored) Jan 2023

As prescribed in , insert the following clause: (c)(1)19.309

Post-Award Small Business Program Rerepresentation (Mar 2023)

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

Long-term contract means a contract of more than five years in duration, including . However, the term does not include contracts that exceed options 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

, to Extend Services, or other appropriate authority.52.217-8 Option

Small business concern--

(1) Means a concern, including its , that is independently owned and operated, not dominant in its field of operation, and qualified as a small affiliates business under the criteria in and the size standard in paragraph (d) of this clause. 13 CFR part 121

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the identified in (a)(3) prior to award of this contract, the Contractor small business concerns 19.000 rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon shall occurrence of any of the following:

(1) Within 30 days after execution of a or within 30 days after modification of the contract to include this clause, if the novation agreement novation was executed prior to inclusion of this clause in the contract.agreement

(2) Within 30 days after a merger or that does not require a novation or within 30 days after modification of the contract to include this acquisition clause, if the merger or occurred prior to inclusion of this clause in the contract. acquisition

(3) For - long-term contracts

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any thereafter. option

(c) If the Contractor represented that it was any of the identified in (a)(3) prior to award of this contract, the Contractor small business concerns 19.000 rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when theshall explicitly requires it for an order issued under a .Contracting Officer multiple-award contract

(d) The Contractor rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to shall the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at . https://www.sba.gov/document/support--table-size-standards

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a or service contract, is construction 500 employees, or 150 employees for value-added resellers under NAICS code information technology if the --541519, acquisition

(1) Was set aside for small business and has a value above the ; simplified acquisition threshold

(2) Used the price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or HUBZone

(3) Was an 8(a), , service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside HUBZone or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor make the representation(s) required by paragraph (b) and (c) of this clause shall by validating or updating all its representations in the Representations and Certifications section of the ) and its System for Award Management (SAM other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor notify the shall contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its for an order (see paragraph (c) of this clause), that the data have been offer validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a prior to award of this contract, the Contractor , but is not required small business concern may to, take the actions required by paragraphs (f) or (h) of this clause.

FA524023R00100004

https://www.acquisition.gov/far/part-19#FAR_19_309 https://www.acquisition.gov/far/part-52#FAR_52_217_8 https://www.ecfr.gov/current/title-13/part-121 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.sba.gov/document/support--table-size-standards

(h) 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 , along with the contracting office contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it is, is not a under NAICS Code _____ assigned to contract number _____. small business concern

(2) [ .] The Contractor represents that Complete only if the Contractor represented itself as a in paragraph (h)(1) of this clause small business concern it is, is not, a as defined in . small disadvantaged business concern 13 CFR 124.1002

(3) [ ] The Contractor represents that Complete only if the Contractor represented itself as a in paragraph (h)(1) of this clause. small business concern it is, is not a women-owned . small business concern

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it is, is not a joint venture that complies with the requirements of through . [ 13 CFR 127.506(a) (c) The Contractor enter the name and of shall unique entity identifier

__.]each party to the joint venture:

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it is, is not a joint venture that complies with the requirements of through . [ 13 CFR 127.506(a) (c) The Contractor enter the name and of each shall unique entity identifier

__ .]party to the joint venture:

(6) [ ] The Contractor represents that Complete only if the Contractor represented itself as a in paragraph (h)(1) of this clause. small business concern it is, is not a veteran-owned . small business concern

(7) [ ] The Contractor Complete only if the Contractor represented itself as a veteran-owned in paragraph (h)(6) of this clause. small business concern represents that it is, is not a . service-disabled veteran-owned small business concern

(8) [ ] The Contractor represents Complete only if the Contractor represented itself as a in paragraph (h)(1) of this clause. small business concern that--

(i) It is, is not a listed, on the date of this representation, on the List of Qualified HUBZone small business concern HUBZone Small Business maintained by the Small Business Administration, and no material changes in ownership and control, principal office, orConcerns HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this HUBZone clause is accurate for each participating in the joint venture. [ HUBZone small business concern HUBZone The Contractor enter the names of shall

] Eacheach of the participating in the joint venture: _____. HUBZone small business concerns HUBZone HUBZone small business concern participating in the joint venture submit a separate signed copy of the representation. HUBZone shall HUBZone

[ ] Contractor to sign and date and insert authorized signer's name and title.____________________________

(End of clause)

52.219-28 Alternate I Post-Award Small Business Program Rerepresentation. (Alternate I) Mar 2020

Alternate I . As prescribed in 19.309(c)(2), substitute the following paragraph (h)(1) for paragraph (h)(1) of the basic clause:(MAR 2020)

(h)(1) The Contractor represents its small business size status for each one of the NAICS codes assigned to this contract.

NAICS Code Small business concern (yes/no)

FA524023R00100004

https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a)…