Solicitation FA557520B0001.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

FA557520B0001

1 of 351/14/2020

F3N7A09325AW01 QUUG 03-1004

FA5575

FA5575 496 ABS PK DA LGC

APO AE 09643-6585

PSC 62 UNIT 6585

APO, AE 09643-6585

United States Germain Duarte, Email: germain.duarte.1@us.af.mil Telephone: +34 955 84 8717

FA5575 496 ABS PK DA LGC

PSC 62 UNIT 6585

APO AE 09643-6585

APO AE 09643-6585

United States

Germain Duarte +34 955 84 8717

Project Title: CNS PARKING LOT

The magnitude of this project is between $250,000 and $500,000 U.S. Dollars. This is furnished for the convenience of prospective contractors. The actual extent of work requirements will be governed by the specifications and drawings.

A pre-proposal conference/site visit will be held 27 January 2020, 10:00 hours local time, in the Contracting Conference room, Building 106. To attend you must notify the Construction Management Office (antonio.menendez.ctr.es@us.af.mil) at least 5 labor days in advance (10 labor days for third country nationals).

Bids must be received by the Contracting Officer (as described in Sec L) no later than 11:00 hours local time on 13 February 2020.

Bids submitted by the facsimile will NOT be accepted.

IN ACCORDANCE WITH THE AGREEMENT OF DEFENSE COOPERATION BETWEEN THE U.S.A. AND THE KINGDOM OF SPAIN, ANNEX 6, ARTICLE 1(5) "SPANISH MATERIAL, LABOR, AND EQUIPMENT SHALL BE USED WHENEVER FEASIBLE AND CONSISTENT WITH THE REQUIREMENTS"

“Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.”

10 210

FAR 52.211-10

1 11:00 AM

2/13/2020

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 theminimum 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 thiscontract.

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

Kevin Pedraza Email: kevin.pedraza.1@us.af.mil Telephone: 34955848591

Section A - Solicitation/Contract Form

FA557520B0001

Section B - Supplies or Services and Prices/Cost Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount 0001 This project consists in the repair and expansion of the Security Forces parking lot, including the installation of bollards, the removal of sewage line, the construction of storm drainage, culvert, rip-rap, concrete drain channel curb, concrete curb, sidewalk, concrete drainage ditch and cover of parking row, the installation of wheel stop bumpers, traffic signs, power distribution, lighting and ground system, relocation of trees and shrubs, paint markings and seeding in accordance with the attached statement of work for project QUUG 03-1004 CNS Parking Lot Product Service Code: Z2LZ Firm Fixed Price

1.0 Lot

DFARS Clauses Incorporated by Reference

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

DFARS Clauses Incorporated by Full Text

252.229-7004 Status of Contractor as a Direct Contractor (Spain). 1997-06 As prescribed in 229.402-70(d), use the following clause:

STATUS OF CONTRACTOR AS A DIRECT CONTRACTOR (SPAIN) (JUN 1997)

(a) Direct Contractor, as used in this clause, means an individual, company, or entity with whom an agency of the United States Department of Defense has executed a written agreement that allows duty-free import of equipment, materials, and supplies into Spain for the construction, development, maintenance, and operation of Spanish-American installations and facilities.

(b) The Contractor is hereby designated as a Direct Contractor under the provisions of Complementary Agreement 5, articles 11, 14, 15, 17, and 18 of the Agreement on Friendship, Defense and Cooperation between the United States Government and the Kingdom of Spain, dated July 2, 1982. The Agreement relates to contracts to be performed in whole or part in Spain, the provisions of which are hereby incorporated into and made a part of this contract by reference.

(c) The Contractor shall apply to the appropriate Spanish authorities for approval of status as a Direct Contractor in order to complete duty-free import of non-Spanish equipment, materials, and supplies represented as necessary for contract performance by the Contracting Officer. Orders for equipment, materials, and supplies placed prior to official notification of such approval shall be at the Contractors own risk. The Contractor must submit its documentation in sufficient time to permit processing by the appropriate United States and Spanish Government agencies prior to the arrival of the equipment, materials, or supplies in Spain. Seasonal variations in processing times are common, and the Contractor should program its projects accordingly. Any delay or expense arising directly or indirectly from this process shall not excuse untimely performance (except as expressly allowed in other provisions of this contract), constitute a direct or constructive change, or otherwise provide a basis for additional compensation or adjustment of any kind.

(d) To ensure that all duty-free imports are properly accounted for, exported, or disposed of, in accordance with Spanish law, the Contractor shall obtain a written bank letter of guaranty payable to the Treasurer of the United States, or such other authority as may be designated by the Contracting Officer, in the amount set forth in paragraph (g) of this clause, prior to effecting any duty-free imports for the performance of this contract.

(e) If the Contractor fails to obtain the required guaranty, the Contractor agrees that the Contracting Officer may withhold a portion of the contract payments in order to establish a fund in the amount set forth in paragraph (g) of this clause. The fund shall be used for the payment of import taxes in the event that the Contractor fails to properly account for, export, or dispose of equipment, materials, or supplies imported on a duty-free basis.

(f) The amount of the bank letter of guaranty or size of the fund required under paragraph (d) or (e) of this clause normally shall be 5 percent of the contract value. However, if the Contractor demonstrates to the Contracting Officers satisfaction that the amount retained by the United States Government or guaranteed by the bank is excessive, the amount shall be reduced to an amount commensurate with contingent import tax and duty-free liability. This bank guaranty or fund shall not be released to the Contractor until the Spanish General Directorate of Customs verifies the accounting, export, or disposition of the equipment, material, or supplies imported on a duty-free basis.

(g) The amount required under paragraph (d), (e), or (f) of this clause is __10% of total amount of the contract__(Contracting Officer insert amount at time of contract award) .

(h) The Contractor agrees to insert the provisions of this clause, including this paragraph (h), in all subcontracts.

(End of clause)

Section C - Description/Specifications/Statement of Work

Requirements This project consists in the repair and expansion of the Security Forces parking lot, including the installation of bollards, the removal of sewage line, the construction of storm drainage, culvert, rip-rap, concrete drain channel curb, concrete curb, sidewalk, concrete drainage ditch and cover of parking row, the installation of wheel stop bumpers, traffic signs, power distribution, lighting and ground system, relocation of trees and shrubs, paint markings and seeding.

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 Office will perform daily inspections of the work site.

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: +34 955 84 8317 Email: shawn.connors.2.ctr@us.af.mil

Section F - Deliveries or Performance

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12 252.204-7006 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.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(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.

__Construction Invoice__ (Contracting Officer: Insert either Invoice 2in1 or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(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) 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) || ____ |

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert See Schedule or Not applicable.)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(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 activitys WAWF point of contact.

(Contracting Officer: Insert applicable information or Not applicable.)

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

(End of clause)

Section H - Special Contract Requirements

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.

List of documents that must be submitted for approval:

- Listado de trabajadores actualizado para las actividades contratadas:

A. Certificado de la formacion e informacion de su puesto de trabajo B. Aptitud medica para las actividades a desarrollar C. Certificado de entrega de equipos de proteccion individual D. Certificado de capacitacion y formacion para el uso de equipos de trabajo para su puesto de trabajo

E. TC1 y TC2 del mes anterior o parte de alta en el INSS

- Evaluacion de riesgos para el desarrollo de las actividades contratadas

- Planificacion de la actividad preventiva derivada de la evaluacion de riesgos Permiso para trabajos con riesgo especial

- Documento acreditativo de la modalidad de Organizacion de prevencion de la empresa

- Datos de la Mutua de A.T. y E.P.

- Copia de la poliza de responsabilidad civil y ultimo recibo

- Acreditacion de recibi de informacion por parte de empresa subcontratada

MORON AIR BASE Points of Contact

Technical Inspector: Point of Contact: 496 ABS/CECC Telephone: 955 84 8379 Base Access Pass/ID: Point of Contact: Jose Luis Vicente 496 ABS/SF Telephone: 955 84 8104 Welding/Fire: Point of Contact: Andres Martin 496 ABS/CEFO Telephone: 955 84 8076/8068 Airfield Access: Point of Contact: 496 ABS/OSAM Telephone: 955 84 8362

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.

WORK STARTUP:

WORK CLEARANCE REQUEST: 5 calendar days after the notice to proceed (NTP) the Contractor shall request AF Form 103 "BCE Work Clearance Request" in order to obtain all the information pertaining to the current status of general utilities.

Additional requests shall be processed through the Contracting Officer or authorized representative, minimum of 7 duty days beforehand. The Contractor shall not perform any excavation works under any circumstances without an approved Work Clearance Request at the work site (hard copy). Work Clearance Request will only be processed once all materials and documentation necessary to commence work have been submitted and approved. The Contractor shall be held responsible for any damage caused to general utilities indicated on the AF Form 103 and related drawings and shall be repaired at no additional cost to the Government of the United States.

KEY PERSONNEL: Within ten (10) days from issuance of the Notice to Proceed a letter listing the key personnel for this Contract and 24 hour telephone numbers for emergency phone calls is required. Also indicate those who may contractually bind your firm.

DAILY WORK SCHEDULE: Work will be performed between 0800 and 1700 Monday through Friday, excluding Saturdays, Sundays and federal holidays (unless otherwise specified in contract). ANY DEVIATION IN WORK HOURS MUST BE CLEARED THROUGH THE CONTRACTING OFFICER. A Letter to the Contracting Officer requesting such deviation must be sent 15 days prior to scheduling such work.

TECHNICAL REPRESENTATIVES: The Civil Engineering Office is the most responsible for technical advice on work to be performed. THIS OFFICE IS NOT AUTHORIZED TO DIRECT CHANGES OR BIND THE AIR FORCE TO ANY

CONTRACTUAL AGREEMENT

TESTS TO BE PERFORMED: All work under contract can be inspected and tested at reasonable times and places. Check with the assigned inspector for any test required by the contract. SUFFICIENT TIME SHOULD BE GIVEN TO COMPLETE

THE TEST AND MAKE NEEDED CORRECTIONS PRIOR TO ACCEPTANCE OF THE WORK.

WELDING & FIRE REGULATIONS: The contractor shall request a fire/welding permit from the Fire Inspector (10) days prior to work. The contractor must give 24-hour advance notice and must have a permit prior to doing any welding, torch cutting, soldering, or using any flame apparatus.

SECURITY PASSES FOR EMPLOYEES AND VEHICLES

a. REQUIREMENTS: Contractor must obtain passes for each employee who will be working on Base. If passes are lost, notify the Security Police and the contract administrator immediately. All passes must be accounted for prior to contract close-out. Final payment will not be made until all passes are in. Drugs will not be permitted on Base. Security policemen with dogs search various areas throughout the day, including parking lots, buildings, etc. Make sure all employees and all subcontractors are informed that drugs will not be tolerated on Base.

b. PROCEDURES: Within ten (10) days from issuance of the Notice to Proceed you must submit a letter stating who at the Company is authorized to sign for passes. THE LETTER MUST STATE THE APPROPRIATE CONTRACT NUMBER AND PERIOD OF PERFORMANCE AND MUST BE SIGNED BY CONTRACTING OFFICER PRIOR TO SUBMITTING TO PASS/ID. That person is responsible for seeing that all passes are returned when contract work is completed. Final payment will not be made until all passes are returned or accounted for. Within the letter also include beginning and ending dates of contract and the area where work is to be performed. Indicate subcontractor(s) requiring passes and the name of responsible person(s) or that separate letters from each subcontractor will be submitted.

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.202-1 Definitions. 2013-11 52.203-6 Alternate I Restrictions on Subcontractor Sales to the Government. - (Alternate I) 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 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions.

2007-09

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights.

2014-04

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

2017-01

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

2017-01

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.2011-05 52.204-7 System for Award Management. 2018-10 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 52.204-13 System for Award Management Maintenance. 2018-10 52.204-16 Commercial and Government Entity Code Reporting. 2016-07 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities.

2018-07

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.214-3 Amendments to Invitations for Bids. 2016-12 52.214-29 Order of Precedence-Sealed Bidding. 1986-01 52.222-27 Affirmative Action Compliance Requirements for Construction. 2015-04 52.222-50 Combating Trafficking in Persons. 2019-01 52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.228-2 Additional Bond Security. 1997-10 52.228-11 Pledges of Assets. 2018-08 52.228-14 Irrevocable Letter of Credit. 2014-11 52.229-6 Taxes-Foreign Fixed-Price Contracts. 2013-02 52.232-8 Discounts for Prompt Payment. 2002-02 52.232-11 Extras. 1984-04 52.232-17 Interest. 2014-05 52.232-18 Availability of Funds. 1984-04 52.232-27 Prompt Payment for Construction Contracts. 2017-01 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 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 52.236-21 Specifications and Drawings for Construction. 1997-02 52.236-26 Preconstruction Conference. 1995-02 52.242-13 Bankruptcy. 1995-07 52.242-14 Suspension of Work. 1984-04 52.243-1 Alternate I Changes-Fixed-Price. - (Alternate I) 1987-08 52.243-4 Changes. 2007-06 52.244-6 Subcontracts for Commercial Items. 2019-08 52.246-21 Warranty of Construction. 1994-03 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 52.249-4 Termination for Convenience of the Government (Services) (Short

Form).

1984-04

52.249-10 Default (Fixed-Price Construction). 1984-04

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-

Related Felonies.

2008-12

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7003 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. 2016-05 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the

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

2019-05

252.222-7002 Compliance with Local Labor Laws (Overseas). 1997-06 252.222-7004 Compliance with Spanish Social Security Laws and Regulations. 1997-06 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7041 Correspondence in English. 1997-06 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the

United States.

2015-06

252.225-7048 Export-Controlled Items. 2013-06 252.232-7010 Levies on Contract Payments. 2006-12 252.233-7001 Choice of Law (Overseas). 1997-06 252.242-7006 Accounting System Administration. 2012-02 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06

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__[identify title of designated agency official here] and shall not be binding until so approved.

(End of clause)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02 As prescribed in 9.104-7 (d), insert the following provision:

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that-

(1) It is [_] is not [_] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [_] is not [_] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision) 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 of 607.84 EUROS for the first day and 483.72 EUROS 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) 52.222-26 Equal Opportunity. 2016-09 As prescribed in 22.810(e), insert the following clause:

Equal Opportunity (Sept 2016)

(a) Definition. As used in this clause.

"Compensation" means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.

"Compensation information" means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace;

market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations;

salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.

"Essential job functions" means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if-

(1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or

(2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.

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

"Sexual orientation" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

"United States," means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b)

(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.

(2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).

(c)

(1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5.

(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.

This shall include, but not be limited to-

(i) Employment;

(ii) Upgrading;

(iii) Demotion;

(iv) Transfer;

(v) Recruitment or recruitment advertising;

(vi) Layoff or termination;

(vii) Rates of pay or other forms of compensation; and

(viii) Selection for training, including apprenticeship.

(3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.

(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(5)

(i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

(ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by-

(A) Incorporation into existing employee manuals or handbooks; and

(B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment.

(6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

(7) The Contractor shall comply with Executive Order11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.

(8) The Contractor shall furnish to the contracting agency all information required by Executive Order11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form100 (EEO-1), or any successor form, as prescribed in 41 CFR Part60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.

(9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order11246, as amended, and rules and regulations that implement the Executive Order.

(10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order11246, as amended.

In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

(11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.

(12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41

CFR 60-1.

(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. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that-

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter39 of Title31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

____ (Name) ____ (Title) ____ (Date)

(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the unearned amount), the Contractor shall-

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8 thday after the date of receipt of the unearned amount until-

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as-

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(h) Final payment. The Government shall pay the amount due the Contractor under this contract after-

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of1940 (31 U.S.C.3727 and 41 U.S.C.6305).

(i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A contract action is any action resulting in a contract, as defined in FAR subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(j) Interest computation on unearned amounts. In accordance with 31 U.S.C.3903(c)(1), the amount payable under paragraph (d)(2) of this clause shall be-

(1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the Contractor receives the unearned amount; and

(2) Deducted from the next available payment to…