Solicitation FA557520B0004.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

FA557520B0004

1 of 477/31/2020

F3N7A00160AW01 16-1014

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: 314-722-8717

FA5575 496 ABS PK DA LGC

PSC 62 UNIT 6585

APO AE 09643-6585

APO AE 09643-6585

United States

Germain Duarte 314-722-8717

Project Title: RPR/ADD DFAC Utility Vault & Generator, B183

Project QUUG 16-1014 , RPR/ADD DACF Utility Vault & Generator, B183, Moron Air Base, Spain.

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 13 August 2020, 11:00 hours local time, in the Contracting Conference room, Building 106. To attend you must notify the Construction Management Office (sydney.derizzio.1.ctr@us.af.mil) at least 5 labor days in advance (21 days for third country nationals).

Bidders/Offerors are requested to submit questions to the point of contact noted in this solicitation not later than 19 August 2020. Information provided at this conference shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

Proposals must be received by the Contracting Officer (as described in Sec L) no later than 11:00 hrs local time on 31 August 2020.

Proposals 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

8/31/2020

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

TSgt Owen Hurley Email: owen.hurley.1@us.af.mil Telephone: 34955848075

FA557520B0004

Section A - Solicitation/Contract Form

Section B - Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

BASIC PACKAGE . RENOVATION IAW

SOW dated 10 June 2020 Product Service Code: 6115 Firm Fixed Price

CIN: 00000000000005459980

1.0 Lot

BASIC PACKAGE. NEW

CONSTRUCTION IAW SOW dated 10 June 2020 Product Service Code: 6115 Firm Fixed Price

CIN: 00000000000005459981

1.0 Lot

Additive #1. INTERIOR ELECTRICAL WORK - REPAIR IAW SOW dated 10 June 2020.

Product Service Code: 6115 Firm Fixed Price

CIN: 00000000000005459982

1.0 Lot

ADDITIVE #2. REMOVE ASBESTOS

(ACM DISPOSAL) - REPAIR IAW SOW

dated 10 June 2020 Product Service Code: 6115 Firm Fixed Price

CIN: 00000000000005459983

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 QUUG16-1014 RPR-ADD DFAC Utility Vault and Generator B183

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

AF BPN NO MILSBILLS PROCESSES

UNIT 6585 BLDG 202 MORON AB

, APO AE 09643 6585

United States

OfficeCode:

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

0002 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

AF BPN NO MILSBILLS PROCESSES

UNIT 6585 BLDG 202 MORON AB

, APO AE 09643 6585

United States

OfficeCode:

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

0003 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

AF BPN NO MILSBILLS PROCESSES

UNIT 6585 BLDG 202 MORON AB

, APO AE 09643 6585

United States

OfficeCode:

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

0004 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

AF BPN NO MILSBILLS PROCESSES

UNIT 6585 BLDG 202 MORON AB

, 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

Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to completion of performance 210 Calendar Days Date of Notice to Proceed Receipt

Place of Performance DoDAAC: F3N7A0 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS PROCESSES

UNIT 6585 BLDG 202 MORON AB

, APO AE 09643 6585

United States

OfficeCode:

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

Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to completion of performance 210 Calendar Days Date of Notice to Proceed Receipt

Place of Performance DoDAAC: F3N7A0 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS PROCESSES

UNIT 6585 BLDG 202 MORON AB

, APO AE 09643 6585

United States

OfficeCode:

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

Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to completion of performance 210 Calendar Days Date of Notice to Proceed Receipt

Place of Performance DoDAAC: F3N7A0 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS PROCESSES

UNIT 6585 BLDG 202 MORON AB

, APO AE 09643 6585

United States

OfficeCode:

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

Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to completion of performance 210 Calendar Days Date of Notice to Proceed Receipt

Place of Performance DoDAAC: F3N7A0 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS PROCESSES

UNIT 6585 BLDG 202 MORON AB

, APO AE 09643 6585

United States

OfficeCode:

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

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.247-34 F.o.b. Destination. 1991-11

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) As used in this clause-Definitions.

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

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

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

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

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

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

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

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

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

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

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

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

Protocol.

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

in WAWF for this contract or task or delivery order:

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

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

(ii) For fixed price line items-

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

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

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

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

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

(g) WAWF point of contact.

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

WAWF Helpdesk

(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

Section I - Contract Clauses FAR Clauses Incorporated by Reference

Number Title Effective Date 52.202-1 Definitions. 2013-11 52.203-3 Gratuities. 1984-04 52.203-5 Covenant Against Contingent Fees. 2014-05 52.203-6 Restrictions on Subcontractor Sales to the Government. 2006-09 52.203-7 Anti-Kickback Procedures. 2014-05 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. 2014-05 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. 2014-05

52.203-11 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 52.204-10 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

52.204-23 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

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. 2018-10 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.211-13 Time Extensions. 2000-09 52.214-26 Audit and Records-Sealed Bidding. 2010-10

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data-Modifications-Sealed Bidding. 2011-08

52.214-28 Subcontractor Certified Cost or Pricing Data-Modifications-Sealed Bidding. 2010-10 52.214-29 Order of Precedence-Sealed Bidding. 1986-01 52.222-21 Prohibition of Segregated Facilities. 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 52.228-11 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 52.232-17 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 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1 Disputes. 2014-05 52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.236-2 Differing Site Conditions. 1984-04 52.236-3 Site Investigation and Conditions Affecting the Work. 1984-04 52.236-5 Material and Workmanship. 1984-04 52.236-6 Superintendence by the Contractor. 1984-04 52.236-7 Permits and Responsibilities. 1991-11 52.236-8 Other Contracts. 1984-04

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. 1984-04

52.236-10 Operations and Storage Areas. 1984-04 52.236-11 Use and Possession Prior to Completion. 1984-04 52.236-12 Cleaning Up. 1984-04 52.236-13 Accident Prevention. 1991-11 52.236-15 Schedules for Construction Contracts. 1984-04 52.236-17 Layout of Work. 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 52.247-5 Familiarization with Conditions. 1984-04 52.247-12 Supervision, Labor, or Materials. 1984-04 52.247-15 Contractor Responsibility for Loading and Unloading. 1984-04 52.247-16 Contractor Responsibility for Returning Undelivered Freight. 1984-04 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 52.249-2 Alternate I Termination for Convenience of the Government (Fixed-Price). - (Alternate I) 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

252.203-7002 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. 2019-12 252.204-7015 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

252.216-7003 Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. 2012-03

252.222-7002 Compliance with Local Labor Laws (Overseas). 1997-06 252.222-7004 Compliance with Spanish Social Security Laws and Regulations. 1997-06 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7012 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. 2013-06 252.232-7010 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

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. 1989-12

As prescribed in , insert the following clause:4.103

APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of and shall not be binding [ ]the Contracting Officer identify title of designated agency official here until so approved.

(End of clause)

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

2019-08

As prescribed in , insert the following clause:4.2105(b)

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2019)

As used in this clause-(a) Definitions.

means The People's Republic of China.Covered foreign country means-Covered telecommunications equipment or services

Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such (1) entities);

For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other (2) national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

Telecommunications or video surveillance services provided by such entities or using such equipment; or(3)

Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in (4) consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

means-Critical technology

Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms (1) Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under (2) subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, (i) nuclear nonproliferation, or missile technology; or

For reasons relating to regional stability or surreptitious listening;(ii)

Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of (3) title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of (4) nuclear equipment and material);

Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 (5) of such Code; or

Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).(6) means any component necessary for the proper function or performance of a piece of equipment, system, or Substantial or essential component service.

Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) (b) Prohibition.

prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

This clause does not prohibit contractors from providing-(c) Exceptions.

A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or(1)

Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such (2) equipment transmits or otherwise handles.

Reporting requirement. (d) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or (1) essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause(2)

Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; (i) supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about (ii) mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual (e) Subcontracts.

instruments, including subcontracts for the acquisition of commercial items.

(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 , insert the following provision:9.104-7(d)

REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY

FEDERAL LAW (FEB 2016)

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

Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or (1) 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

Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware (2) 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.

The Offeror represents that-(b)

It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and (1) ____ ____ 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

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

(End of provision)

52.211-10 Commencement, Prosecution, and Completion of Work. 1984-04

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

COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within calendar days after the [ ]10 Contracting Officer insert number 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 210

.* The time stated for completion shall include final cleanup of the premises.calendar days thereafter

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

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 1,203.88 EUROS for the first day and 1,079.76 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)

52.232-5 Payments under Fixed-Price Construction Contracts. 2014-05

As prescribed in , insert the following clause:32.111(a)(5)

PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

. The Government shall pay the Contractor the contract price as provided in this contract.(a) Payment of price

. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as (b) Progress payments 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.

The Contractor's request for progress payments shall include the following substantiation:(1)

An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment (i) requested.

A listing of the amount included for work performed by each subcontractor under the contract.(ii)

A listing of the total amount of each subcontract under the contract.(iii)

A listing of the amounts previously paid to each such subcontractor under the contract.(iv)

Additional supporting data in a form and detail required by the Contracting Officer.(v)

In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be (2) taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if-

Consideration is specifically authorized by this contract; and(i)

The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform (ii) this contract.

. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment (c) Contractor certification 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 Chapter 39 of Title 31, 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

. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of (d) Refund of unearned amounts 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-

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

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

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

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

. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be (e) Retainage 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.

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

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

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

. In making these progress payments, the Government shall, upon request, reimburse the Contractor for (g) Reimbursement for bond premiums 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.

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

Completion and acceptance of all work;(1)

Presentation of a properly executed voucher; and(2)

Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that (3) 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).

. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on (i) Limitation because of undefinitized work 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.

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

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 (1) the date the Contractor receives the unearned amount; and

Deducted from the next available payment to the Contractor.(2)

(End of clause)

52.232-16 Progress Payments. 2012-04

As prescribed in , insert the following clause:32.502-4(a)

PROGRESS PAYMENTS (APR 2012)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

Computation of amounts. (a) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 (1) percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under FAR 31.205-10 as an incurred cost for progress payment purposes.

The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that (2) have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors-

In accordance with the terms and conditions of a subcontract or invoice; and(i)

Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.(ii)

The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless-(3)

The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and(i)

The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution (ii) remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:(4)

Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and (i) practices.

Costs incurred by subcontractors or suppliers.(ii)

Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of (iii) such costs.

Payments made or amounts payable to subcontractors or suppliers, except for-(iv)

Completed work, including partial deliveries, to which the Contractor has acquired title; and(A)

Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.(B)

The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including (5) allowable unliquidated progress payments to subcontractors) nor (ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.

The total amount of progress payments shall not exceed 80 percent of the total contract price.(6)

If a progress payment or the unliquidated progress payments exceed the amounts permitted by paragraphs (a)(4) or (a)(5) of this clause, (7) the Contractor shall repay the amount of such excess to the Government on demand.

Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than (8) $2,500. The Contracting Officer may make exceptions.

The costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the contract price of the items.(9)

. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated by (b) Liquidation deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 80 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing.

. The Contracting Officer may reduce or suspend progress payments, increase the rate of liquidation, or take a (c) Reduction or suspension combination of these actions, after finding on substantial evidence any of the following conditions:

The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) of this clause).(1)

Performance of this contract is endangered by the Contractor's-(2)

Failure to make progress; or(i)

Unsatisfactory financial condition.(ii)

Inventory allocated to this contract substantially exceeds reasonable requirements.(3)

The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.(4)

The fair value of the undelivered work is less than the amount of unliquidated progress payments for that work.(5)

The Contractor is realizing less profit than that reflected in the establishment of any alternate liquidation rate in paragraph (b) of this (6) clause, and that rate is less than the progress payment rate stated in paragraph (a)(1) of this clause.

Title.(d) Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately upon the date of this (1) contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

"Property," as used in this clause, includes all of the below-described items acquired or produced by the Contractor that are or should be (2) allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices.

Parts, materials, inventories, and work in process;(i)

Special tooling and special test equipment to which the Government is to acquire title;(ii)

Nondurable ( noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar manufacturing (iii) i.e., aids, title to which would not be obtained as special tooling under paragraph (d)(2)(ii) of this clause; and

Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other (iv) clauses of this contract.

Although title to property is in the Government under this clause, other applicable clauses of this contract; the termination clauses, (3) e.g., shall determine the handling and disposition of the property.

The Contractor may sell any scrap resulting from production under this contract without requesting the Contracting Officer's approval, (4) but the proceeds shall be credited against the costs of performance.

To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor must obtain (5) the Contracting Officer's advance approval of the action and the terms. The Contractor shall (i) exclude the allocable costs of the property from the costs of contract performance, and (ii) repay to the Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or credit memorandum.

When the Contractor completes all of the obligations under this contract, including liquidation of all progress payments, title shall vest in (6) the Contractor for all property (or the proceeds thereof) not-

Delivered to, and accepted by, the Government under this contract; or(i)

Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the (ii) Government under this clause.

The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government (7) acquired title solely under this clause.

. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which (e) Risk of loss vests in the Government under this clause, except to the extent the Government expressly assumes the risk. The Contractor shall repay the Government an amount equal to the unliquidated progress payments that are based on costs allocable to property that is lost (see 45.101).

. The Contractor…