Solicitation_-_FA557519RA005.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

FA557519RA005

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 DESIGN All material, labor and transportation necessary to complete the design requirement for the Repair Ancillary Explosive Facility (MACC PAD), in accordance with all applicable Statement of Work and Drawings.

Firm Fixed Price

1.0 Lot

0002 BASE: Minor CNS of MAC Pad & berm (SOW Sec 2.2), Fence (SOW Sec 2.5), Lights and Electric (SOW Sec 2.6) Firm Fixed Price

1.0 Lot

0003 ADDITIVE 1: Sus/Rpr of Barricaded Open Storage Modules (SOW Sec 2.1.1.5, 2.1.1.7, 2.1.1.1.8, 2.1.1.15, &2.1.1.16) Firm Fixed Price

1.0 Lot

0004 ADDITIVE 2: RM Concrete Pads & Roads (SOW Sec 2.1.1.1 - 2.1.1.4, 2.1.1.6, & 2.1.1.9 - 2.1.1.14).

Firm Fixed Price

1.0 Lot

0005 ADDITIVE 3: Sus/Rpr of MAC Pad Road (SOW Sec 2.3.1.1 & 2.3.1.1 - 2.3.1.7).

Firm Fixed Price

1.0 Lot

0006 ADDITIVE 4: Minor CNS of Road Expansion (SOW Sec 2.3.1.2) & Storn Drainage Disposal (SOW Sec 2.4) Firm Fixed Price

1.0 Lot

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.229-7005 Tax Exemptions (Spain). 2012-03

Section C - Description/Specifications/Statement of Work

Requirements Contractor to provide personnel, labor, tools, materials, and equipment necessary to perform in accordance with the attached statement of work for Project QUUG 18-2001 RPR MAC PAD. This project will provide the installation with an adequate bomb build up pad, or Munitions Assembly Conveyor (MAC) pad (facility 1055) and upgraded barricaded open storage modules. Project scope includes access road repairs (facility 2006), signage, and storm drainage improvements (facility 2031), new concrete pads and restored earth berms. Additionally, Munitions Storage Area (MSA) perimeter fencing (facility 7015) and exterior lighting (facility 3005) will be extended to service the area. New berms will also be constructed to meet applicable criteria.

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. 1996-08 0001 Inspection and Acceptance Location

Both Destination Instructions: Construction management will perform daily inspections of work site and recommend final acceptance to contracting officer.

DoDAAC: F3N7A0 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

712 CES CER

UNIT 6585 BLDG 202 MORON AB

AF BPN NO MILSBILLS PROCESSES

, APO AE 09643 6585

United States

OfficeCode:

Shawn Connors Telephone: 722-8371 Email:

0002 Inspection and Acceptance Location

Both Destination Instructions: Instructions: Construction management will perform daily inspections of work site and recommend final acceptance to contracting officer.

DoDAAC: F3N7A0 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

712 CES CER

UNIT 6585 BLDG 202 MORON AB

AF BPN NO MILSBILLS PROCESSES

, APO AE 09643 6585

United States

OfficeCode:

Shawn Connors Telephone: 722-8371 Email:

0003 Inspection and Acceptance Location

Both Destination Instructions: Instructions: Construction management will perform daily inspections of work site and recommend final acceptance to contracting officer.

DoDAAC: F3N7A0 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

712 CES CER

UNIT 6585 BLDG 202 MORON AB

AF BPN NO MILSBILLS PROCESSES

, APO AE 09643 6585

United States

OfficeCode:

Shawn Connors Telephone: 722-8371 Email:

0004 Inspection and Acceptance Location

Both Destination Instructions: Construction management will perform daily inspections of work site and recommend final acceptance to contracting officer.

DoDAAC: F3N7A0 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

712 CES CER

UNIT 6585 BLDG 202 MORON AB

AF BPN NO MILSBILLS PROCESSES

, APO AE 09643 6585

United States

OfficeCode:

Shawn Connors Telephone: 722-8371 Email:

0005 Inspection and Acceptance Location

Both Destination Instructions: Construction management will perform daily inspections of work site and recommend final acceptance to contracting officer.

DoDAAC: F3N7A0 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

712 CES CER

UNIT 6585 BLDG 202 MORON AB

AF BPN NO MILSBILLS PROCESSES

, APO AE 09643 6585

United States

OfficeCode:

Shawn Connors Telephone: 722-8371 Email:

0006 Inspection and Acceptance Location

Both Destination Instructions: Construction management will perform daily inspections of work site and recommend final acceptance to contracting officer.

DoDAAC: F3N7A0 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

712 CES CER

UNIT 6585 BLDG 202 MORON AB

AF BPN NO MILSBILLS PROCESSES

, APO AE 09643 6585

United States

OfficeCode:

Shawn Connors Telephone: 722-8371 Email:

Section F - Deliveries or Performance

0001 Delivery Schedule Ship To Address

Delivery On Or Before

22 JAN 2021

1.0 Lot

Place of Performance

DoDAAC: F3N7A0 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

712 CES CER

UNIT 6585 BLDG 202 MORON AB

AF BPN NO MILSBILLS PROCESSES

, APO AE 09643 6585

United States

OfficeCode:

Sydney Derizzio Telephone: 722-8097 Email:

Period of Performance From

10 OCT 2019

to

22 JAN 2021

0002 Delivery Schedule Ship To Address

Place of Performance

DoDAAC: F3N7A0 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

712 CES CER

UNIT 6585 BLDG 202 MORON AB

AF BPN NO MILSBILLS PROCESSES

, APO AE 09643 6585

United States

OfficeCode:

Sydney Derizzio Telephone: 722-8097 Email:

Period of Performance From

10 OCT 2019

to

22 JAN 2021

0003 Delivery Schedule Ship To Address

Place of Performance

DoDAAC: F3N7A0 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

712 CES CER

UNIT 6585 BLDG 202 MORON AB

AF BPN NO MILSBILLS PROCESSES

, APO AE 09643 6585

United States

OfficeCode:

Sydney Derizzio Telephone: 722-8097 Email:

Period of Performance From

10 OCT 2019

to

22 JAN 2021

0004 Delivery Schedule Ship To Address

Delivery On Or Before

22 JAN 2021

1.0 Lot

Place of Performance

DoDAAC: F3N7A0 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

712 CES CER

UNIT 6585 BLDG 202 MORON AB

AF BPN NO MILSBILLS PROCESSES

, APO AE 09643 6585

United States

OfficeCode:

Sydney Derizzio Telephone: 722-8097 Email:

Period of Performance From

10 OCT 2019

to

22 JAN 2021

0005 Delivery Schedule Ship To Address

Delivery On Or Before

22 JAN 2021

1.0 Lot

Place of Performance

DoDAAC: F3N7A0 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

712 CES CER

UNIT 6585 BLDG 202 MORON AB

AF BPN NO MILSBILLS PROCESSES

, APO AE 09643 6585

United States

OfficeCode:

Sydney Derizzio Telephone: 722-8097 Email:

Period of Performance From

10 OCT 2019

to

22 JAN 2021

0006 Delivery Schedule Ship To Address

Delivery On Or Before

22 JAN 2021

1.0 Lot

Place of Performance

DoDAAC: F3N7A0 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

712 CES CER

UNIT 6585 BLDG 202 MORON AB

AF BPN NO MILSBILLS PROCESSES

, APO AE 09643 6585

United States

OfficeCode:

Sydney Derizzio Telephone: 722-8097 Email:

Period of Performance From

10 OCT 2019

to

22 JAN 2021

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.242-15 Stop-Work Order. 1989-08 52.247-34 F.o.b. Destination. 1991-11

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.

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 22 January 2021. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

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. 2018-12 252.232-7008 Assignment of Claims (Overseas). 1997-06 252.236-7000 Modification Proposals--Price Breakdown. 1991-12

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12 As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

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

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

(WAWF).

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

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

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

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

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.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) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

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

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

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

(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.

Construction Invoice

(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.

NOT APPLICABLE

(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.

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

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F87700

Issue By DoDAAC FA5575

Admin DoDAAC** FA5575

Inspect By DoDAAC FA5575

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(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.

Kevin.pedraza.1@us.af.mil Elia.portz.3.es@us.af.mil

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

(End of clause)

Section H - Special Contract Requirements

BANK LETTER OF GUARANTEE

Within ten (10) calendar days after the date of contract award, the Contractor shall furnish the Contracting Officer a Bank Letter of Guarantee for the performance of the work in the amount specified below. Failure to furnish the letter of guarantee will be considered nonconforming and the contract may be terminated for default in accordance with FAR 52.249-10 in Section I.

Amount of Contract Bank Letter Under $100,000.00 None (or Euro equivalent)

$100,000.00 - $500,000.00 12% of award amount (or Euro equivalent)

$500,000.00 and over 10% of award amount (or Euro equivalent)

The Bank Letter of Guarantee will be dated as of the contract date or as soon thereafter as possible. The Bank Letter of Guarantee shall state that a guarantee has been issued against the awarded contract and that the following conditions are in force:

1. When presented by a representative of the U.S. Government against debts due, redemption cannot be contested.

2. The value of the guarantee is to be cited in Euros.

3. The Bank Letter of Guarantee shall also state that the bank agrees and consents that the contract may be modified by change order or supplemental agreement without affecting the validity of the Bank Letter of Guarantee.

The Contracting Officer will not issue the Notice to Proceed until approval and acceptance of the Bank Letter of Guarantee.

The Bank Letter of Guarantee will continue in effect throughout the performance period. During the warranty period an amount equal to 10% of the original contract price shall be applicable.

SPANISH AIR FORCE SAFETY REQUIREMENTS

Prior to commencement of work, contractor must submit to the Contracting Officer the documentation requested by the Spanish Air Force Safety Office, listed in Annex 1 "informacion a entregar por empresa contratada". Base access will not be allowed without prior approval of the Spanish Air Force Safety Office, after review and approval of the requested documents.

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.202-1 Definitions. 2013-11 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 52.203-18 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

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 52.204-13 System for Award Management Maintenance. 2018-10 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 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities.

2018-07

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

2015-10

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

52.211-13 Time Extensions. 2000-09 52.215-8 Order of Precedence-Uniform Contract Format. 1997-10 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.228-2 Additional Bond Security. 1997-10 52.228-11 Pledges of Assets. 2018-08 52.228-12 Prospective Subcontractor Requests for Bonds. 2014-05 52.228-14 Irrevocable Letter of Credit. 2014-11 52.229-6 Taxes-Foreign Fixed-Price Contracts. 2013-02 52.232-17 Interest. 2014-05 52.232-18 Availability of Funds. 1984-04 52.232-29 Terms for Financing of Purchases of Commercial Items. 2002-02 52.232-33 Payment by Electronic Funds Transfer-System for Award Management.2018-10 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.233-1 Alternate I 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 Alternate I Changes-Fixed-Price. 1987-08 52.244-6 Subcontracts for Commercial Items. 2019-01 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 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

252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident

Reporting.

2016-10

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the

Government of a Country that is a State Sponsor of Terrorism.

2015-10

252.222-7002 Compliance with Local Labor Laws (Overseas). 1997-06 252.222-7004 Compliance with Spanish Social Security Laws and Regulations. 1997-06 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2010-12 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7005 Identification of Expenditures in the United States. 2005-06 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 252.225-7041 Correspondence in English. 1997-06 252.225-7048 Export-Controlled Items. 2013-06 252.228-7006 Compliance with Spanish Laws and Insurance. 1998-12 252.232-7010 Levies on Contract Payments. 2006-12 252.233-7001 Choice of Law (Overseas). 1997-06 252.236-7005 Airfield Safety Precautions. 1991-12 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06

AFFARS Clauses Incorporated by Reference

Number Title Effective Date 5352.223-9001 Health and Safety on Government Installations 11/1/2012

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. 1989-12 As prescribed in 4.103, insert the following clause:

Approval of Contract (Dec 1989)

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

(End of Clause)

52.211-12 Liquidated Damages-Construction. 2000-09 As prescribed in 11.503(b), insert the following clause in solicitations and contracts:

Liquidated Damages -- Construction (Sept 2000)

(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 607.53 Euro for the first day and 489.89 Euro for each calendar day of delay until the work is completed or accepted.

(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.

(End of Clause)

52.222-50 Combating Trafficking in Persons. 2019-01

As prescribed in 22.1705(a)(1), insert the following clause: Combating Trafficking in Persons (Jan 2019) (a) Definitions.

As used in this clause- "Agent" means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization. "Coercion" means- (1) Threats of serious harm to or physical restraint against any person; (2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (3) The abuse or threatened abuse of the legal process. "Commercial sex act" means any sex act on account of which anything of value is given to or received by any person. "Commercially available off-the-shelf (COTS) item" means- (1) Any item of supply (including construction material) that is- (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. "Debt bondage" means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined. "Employee" means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance. "Forced Labor" means knowingly providing or obtaining the labor or services of a person- (1) By threats of serious harm to, or physical restraint against, that person or another person; (2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or (3) By means of the abuse or threatened abuse of law or the legal process. "Involuntary servitude" includes a condition of servitude induced by means of- (1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or (2) The abuse or threatened abuse of the legal process. "Recruitment fees" means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee. (1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for- (i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees; (ii) Advertising (iii) Obtaining permanent or temporary labor certification, including any associated fees; (iv) Processing applications and petitions; (v) Acquiring visas, including any associated fees; (vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees; (vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications; (viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;

(ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees; (x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds; (xi) Transportation and subsistence costs- (A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and (B) From the airport or disembarkation point to the worksite;

(xii) Security deposits, bonds, and insurance; and (xiii) Equipment charges. (2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is- (i) Paid in property or money;

(ii) Deducted from wages; (iii) Paid back in wage or benefit concessions; (iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or (v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to- (A) Agents; (B) Labor brokers; (C) Recruiters; (D) Staffing firms (including private employment and placement firms); (E) Subsidiaries/affiliates of the employer; (F) Any agent or employee of such entities; and (G) Subcontractors at all tiers. "Severe forms of trafficking in persons" means- (1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. "Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act. "Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. "Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor. "United States" means the 50 States, the District of Columbia, and outlying areas. (b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not- (1) Engage in severe forms of trafficking in persons during the period of performance of the contract; (2) Procure commercial sex acts during the period of performance of the contract; (3) Use forced labor in the performance of the contract; (4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority; (5) (i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language understood by the employee or potential employee, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be charged to the employee or potential employee, and, if applicable, the hazardous nature of the work; (ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place; (6) Charge employees or potential employees recruitment fees; (7) (i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment- (A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or (B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that- (ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is- (A) Legally permitted to remain in the country of employment and who chooses to do so;

or (B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation; (iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify.

This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply. (8) Provide or arrange housing that fails to meet the host country housing and safety standards; or (9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons. (c) Contractor requirements. The Contractor shall- (1) Notify its employees and agents of- (i) The United States Government's policy prohibiting trafficking in persons, described in paragraph (b) of this clause; and (ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and (2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause. (d) Notification. (1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of- (i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and

(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause. (2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value. (e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in-

(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract; (2) Requiring the Contractor to terminate a subcontract; (3) Suspension of contract payments until the Contractor has taken appropriate remedial action; (4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance; (5) Declining to exercise available options under the contract; (6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or (7) Suspension or debarment. (f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following: (1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations. (2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so. (g) Full cooperation.

(1) The Contractor shall, at a minimum- (i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct; (ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents; (iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and (iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities. (2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract.

It does not- (i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; (ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or (iii) Restrict the Contractor from- (A) Conducting an internal investigation; or (B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation. (h) Compliance plan. (1) This paragraph (h) applies to any portion of the contract that- (i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and (ii) Has an estimated value that exceeds $500,000. (2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate- (i) To the size and complexity of the contract; and (ii) To the nature and scope of the activities to be performed for the Government, including the number of non-United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons. (3) Minimum requirements. The compliance plan must include, at a minimum, the following: (i) An awareness program to inform contractor employees about the Government's policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations.

Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/. (ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org. (iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employees or potential employees and ensures that wages meet applicable host-country legal requirements or explains any variance. (iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-country housing and safety standards. (v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities. (4) Posting. (i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained).

If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing. (ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request. (5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that- (i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and (ii) After having conducted due diligence, either- (A) To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or (B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or subcontractor has taken the appropriate remedial and referral actions. (i) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that- (A) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and (B) Has an estimated value that exceeds $500,000. (2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause.

52.228-15 Performance and Payment Bonds-Construction. 2010-10 As prescribed in 28.102-3(a), insert a clause substantially as follows: Performance and Payment Bonds-Construction (Oct 2010) (a) Definitions. As used in this clause- "Original contract price" means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award. (b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows: (1) Performance bonds (StandardForm25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price. (2) Payment Bonds (StandardForm25A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price. (3) Additional bond protection. (i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price. (ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work. (d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the: U.S.

Department of the Treasury, Financial Management, Service Surety Bond Branch, 3700 East West Highway, Room 6 F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/. (e) Notice of subcontractor waiver of protection (40U.S.C.3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract. (End of clause)

52.232-5 Payments under Fixed-Price Construction Contracts. 2014-05 As prescribed in 32.111(a)(5), insert the following clause: Payments under Fixed-Price Construction Contracts (May 2014)

(a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract. (b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer. (1) The Contractor's request for progress payments shall include the following substantiation: (i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested. (ii) A listing of the amount included for work performed by each subcontractor under the contract. (iii) A listing of the total amount of each subcontract under the contract. (iv) A listing of the amounts previously paid to each such subcontractor under the contract. (v) Additional supporting data in a form and detail required by the Contracting Officer. (2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if- (i) Consideration is specifically authorized by this contract; and (ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract. (c) Contractor certification.