Solicitation Amendment FA557521R00010002.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

FA557521R00010

002 1 of 513/25/2021

F3N7A00338AW01 QUUG 19-1006

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, Germain Duarte 314-722-8717

Project Title: RPR RWY EDGES & SHOULDERS

Project QUUG 19-1006 , RPR RWY Edges & Shoulders , Moron Air Base, Spain.

The magnitude of this project is between $5,000,000 and $10,000,000 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 14 April 2021, 0900 hrs 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 20 April 2021 at 1300 hrs. 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 1300 hrs local time on 30 April 2021.

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.”

10 455

FAR 52.211-10

1 1:00 PM

4/30/2021

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

SEE ITEM 14

SEE SCHEDULE OF PRICES

3/29/2021

3/29/2021

Email: adan.jaime.1@us.af.mil Telephone: 722-8528

FA557521R00010002

Section A - Solicitation/Contract Form

Section B - Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

0001 RPR RWY EDGES Base proposal DESIGN Firm Fixed Price

1 Lot

0002 RPR RWY EDGES Base proposal

CONSTRUCTION

Firm Fixed Price

1 Lot

0003 RPR RWY SHOULDERS Option 1

DESIGN

Firm Fixed Price

1 Lot

0004 RPR RWY SHOULDERS Option 1

CONSTRUCTION

Firm Fixed Price

1 Lot

0005 RPR RWY EDGE LIGHTS Option 2

DESIGN

Firm Fixed Price

1 Lot

0006 RPR RWY EDGE LIGHTS Option 2

CONSTRUCTION

Firm Fixed Price

1 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 RPR RWY Edges and Shoulders IAW SOW 18 Dec 2020 and its supporting documents

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

FAR Clauses Incorporated by Full Text

52.246-15 Certificate of Conformance. 1984-04

As prescribed in , insert the following clause in solicitations and contracts for supplies or services when the conditions in apply:46.315 46.504

CERTIFICATE OF CONFORMANCE (APR 1984)

When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of (a) Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

The Contractor's signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the (b) payment office or attached to the CAO copy when contract administration (Block10 of the DDForm250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the (c) Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense.

The certificate shall read as follows:(d)

I certify that on [ ], the [ ] furnished the supplies or services called for by Contract No. via ____ insert date ____ insert Contractor's name ____ [ ] on [ ] in accordance with all applicable requirements. I further certify that the ____ Carrier ____ identify the bill of lading or shipping document supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.

Date of Execution: Signature: Title: ____ ____ ____

(End of clause)

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:

(input at time of award) Telephone: (input at time of award) Email: (input at time of award)

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:

(input at time of award) Telephone: (input at time of award) Email: (input at time of award)

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:

(input at time of award) Telephone: (input at time of award) Email: (input at time of award)

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:

(input at time of award) Email: (input at time of award) Telephone: (input at time of award)

0005 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:

(input at time of award) Telephone: (input at time of award) Email: (input at time of award)

0006 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:

(input at time of award) Telephone: (input at time of award)

Section F - Deliveries or Performance

Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to delivery 455 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 455 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:

(input at time of award) Telephone: (input at time of award) Email: (input at time of award)

Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to completion of performance 455 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:

(input at time of award) Telephone: (input at time of award) Email: (input at time of award)

Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to completion of performance 455 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:

(input at time of award) Telephone: (input at time of award) Email: (input at time of award)

Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to completion of performance 455 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:

(input at time of award) Telephone: (input at time of award) Email: (input at time of award)

Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to completion of performance 455 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:

(input at time of award) Telephone: (input at time of award)

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.204-7006 Billing Instructions. 2005-10 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.232-7008 Assignment of Claims (Overseas). 1997-06 252.236-7000 Modification Proposals--Price Breakdown 1991-12

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) 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

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.

52.246-21 Warranty of Construction.

As prescribed in 46.710(e)(1), the contracting officer may insert a clause substantially as follows in solicitations and contracts when a fixed-price construction contract (see 46.705 (c)) is contemplated, and the use of a warranty clause has been approved under agency procedures:

Warranty of Construction (Mar 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph

(i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 2 years from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 2 years from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of-

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 2 years from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall-

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

(End of clause)

Section I - Contract Clauses FAR Clauses Incorporated by Reference

Number Title Effective Date 52.203-3 Gratuities. 1984-04 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. 2017-01 52.204-13 System for Award Management Maintenance. 2018-10 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08

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 52.215-2 Audit and Records-Negotiation. 2020-06 52.215-8 Order of Precedence-Uniform Contract Format. 1997-10 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.222-50 Combating Trafficking in Persons. 2020-10 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2020-06 52.225-13 Restrictions on Certain Foreign Purchases. 2021-02 52.228-11 Pledges of Assets. 2018-08 52.232-8 Discounts for Prompt Payment. 2002-02 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 52.236-15 Schedules for Construction Contracts. 1984-04 52.236-17 Layout of Work. 1984-04 52.236-26 Preconstruction Conference. 1995-02 52.242-14 Suspension of Work. 1984-04 52.243-4 Changes. 2007-06 52.243-5 Changes and Changed Conditions. 1984-04 52.244-6 Subcontracts for Commercial Items. 2020-11 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 52.247-68 Report of Shipment (REPSHIP). 2006-02 52.249-1 Termination for Convenience of the Government (Fixed-Price) (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 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. 2021-01

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. 2017-12 252.225-7016 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

Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and

252.232-7017 Consideration. 2020-04 252.233-7001 Choice of Law (Overseas). 1997-06 252.236-7005 Airfield Safety Precautions. 1991-12 252.243-7001 Pricing of Contract Modifications. 1991-12

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

(End of clause)

52.204-19 Incorporation by Reference of Representations and Certifications. 2014-12

As prescribed in , insert the following clause.4.1202(b)

INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

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

2020-08

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

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2020)

As used in this clause-(a) Definitions.

means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network ( ,Backhaul e.g.

connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired ( , fiber optic, coaxial cable, e.g.

Ethernet).

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 (5) 42 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. (6) 4817).

means arrangements governing the physical connection of two or more networks to allow the use of another's Interconnection arrangements network to hand off traffic where it is ultimately delivered ( , connection of a customer of telephone provider A to a customer of telephone e.g.

company B) or sharing data and other information resources.

means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or Reasonable inquiry provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

means cellular communications services ( , voice, video, data) received from a visited network when unable to connect to the Roaming e.g.

facilities of the home network either because signal coverage is too weak or because traffic is too high.

means any component necessary for the proper function or performance of a piece of equipment, system, or Substantial or essential component service.

.(b) Prohibition Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) (1) 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 FAR 4.2104.

Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the (2) head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses 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 FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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) and excluding paragraph (b)(2), in all (e) Subcontracts.

subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

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

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

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 455 calendar days thereafter.* The time stated for completion shall include final cleanup of the premises.

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

(End of clause)

52.211-12 Liquidated Damages-Construction. 2000-09

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

Liquidated Damages-Construction (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of 1,361.91 euros for the first day and 1,141.05 euros for each calendar day thereafter 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)

52.228-14 Irrevocable Letter of Credit. 2014-11

As prescribed in , insert the following clause:28.204-4

IRREVOCABLE LETTER OF CREDIT (NOV 2014)

"Irrevocable letter of credit" (ILC), as used in this clause, means a written commitment by a federally insured financial institution to pay all (a) or part of a stated amount of money, until the expiration date of the letter, upon presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor the offeror/Contractor can revoke or condition the letter of credit.

If the offeror intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as performance and payment bonds, the (b) letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used.

The letter of credit shall be irrevocable, shall require presentation of no document other than a written demand and the ILC (including (c) confirming letter, if any), shall be issued/confirmed by an acceptable federally insured financial institution as provided in paragraph (d) of this clause, and-

If used as a bid guarantee, the ILC shall expire no earlier than 60 days after the close of the bid acceptance period;(1)

If used as an alternative to corporate or individual sureties as security for a performance or payment bond, the offeror/Contractor may (2) submit an ILC with an initial expiration date estimated to cover the entire period for which financial security is required or may submit an ILC with an initial expiration date that is a minimum period of one year from the date of issuance. The ILC shall provide that, unless the issuer provides the beneficiary written notice of non-renewal at least 60 days in advance of the current expiration date, the ILC is automatically extended without amendment for one year from the expiration date, or any future expiration date, until the period of required coverage is completed and the Contracting Officer provides the financial institution with a written statement waiving the right to payment. The period of required coverage shall be:

For contracts subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of-(i)

Oneyear following the expected date of final payment;(A)

For performance bonds only, until completion of any warranty period; or(B)

For payment bonds only, until resolution of all claims filed against the payment bond during the one-year period following final (C) payment.

For contracts not subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of-(ii)

90 days following final payment; or(A)

For performance bonds only, until completion of any warranty period.(B)

(d) Only federally insured financial institutions rated investment grade by a commercial rating service shall issue or confirm the ILC.(1)

Unless the financial institution issuing the ILC had letter of credit business of at least $25 million in the past year, ILCs over $5 million (2) must be confirmed by another acceptable financial institution that had letter of credit business of at least $25 million in the past year.

The Offeror/Contractor shall provide the Contracting Officer a credit rating that indicates the financial institutions have the required (3) credit rating as of the date of issuance of the ILC.

The current rating for a financial institution is available through any of the following rating services registered with the U.S. Securities (4) and Exchange Commission (SEC) as a Nationally Recognized Statistical Rating Organization (NRSRO). NRSRO's can be located at the website http://www.sec.gov/answers/nrsro.htm maintained by the SEC.

The following format shall be used by the issuing financial institution to create an ILC:(e)

____ [ ]Issuing Financial Institution's Letterhead orNameandAddress

Issue Date ____

Irrevocable Letter of Credit No. ____

Account party's name ____

Account party's address ____

For Solicitation No. ( )____ for reference only

To: [ ]U.S. Government agency

[ ]U.S. Government agency's address

1. We hereby establish this irrevocable and transferable Letter of Credit in your favor for one or more drawings up to United States $ .____ This Letter of Credit is payable at [ ] office at [issuing financial institution's and, if any, confirming financial institution's issuing financial institution's

] and expires with our close of business on , or any automatically extended address and, if any, confirming financial institution's address ____ expiration date.

2. We hereby undertake to honor your or the transferee's sight draft(s) drawn on the issuing or, if any, the confirming financial institution, for all or any part of this credit if presented with this Letter of Credit and confirmation, if any, at the office specified in paragraph 1 of this Letter of Credit on or before the expiration date or any automatically extended expiration date.

3. [ .] It is a condition of this Letter of Credit This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered that it is deemed to be automatically extended without amendment for oneyear from the expiration date hereof, or any future expiration date, unless at least 60 days prior to any expiration date, we notify you or the transferee by registered mail, or other receipted means of delivery, that we elect not to consider this Letter of Credit renewed for any such additional period. At the time we notify you, we also agree to notify the account party (and confirming financial institution, if any) by the same means of delivery.

4. This Letter of Credit is transferable. Transfers and assignments of proceeds are to be effected without charge to either the beneficiary or the transferee/assignee of proceeds. Such transfer or assignment shall be only at the written direction of the Government (the beneficiary) in a form satisfactory to the issuing financial institution and the confirming financial institution, if any.

5. This Letter of Credit is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. (Insert version in effect at the time of ILC issuance, e.g., "Publication 600, 2006 edition") and to the extent not inconsistent ____ therewith, to the laws of [State of confirming financial institution, if any, otherwise State of issuing financial institution].____

6. If this credit expires during an interruption of business of this financial institution as described in Article 17 of the UCP, the financial institution specifically agrees to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, ____ [ ]Issuing financial institution

The following format shall be used by the financial institution to confirm an ILC:(f)

][Confirming Financial Institution's Letterhead or Name and Address ____

(Date) ____

Our Letter of Credit Advice Number ____

Beneficiary: [ ]____ U.S. Government agency

Issuing Financial Institution: ____

Issuing Financial Institution's LC No.: ____

Gentlemen:

1. We hereby confirm the above indicated Letter of Credit, the original of which is attached, issued by [____ name of issuing financial ] for drawings of up to United States dollars /U.S. $ and expiring with our close of business on [ ], or any institution ____ ____ ____ the expiration date automatically extended expiration date.

2. Draft(s) drawn under the Letter of Credit and this Confirmation are payable at our office located at .____

3. We hereby undertake to honor sight draft(s) drawn under and presented with the Letter of Credit and this Confirmation at our offices as specified herein.

4. [ .] It is a condition of this confirmation This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered that it be deemed automatically extended without amendment for oneyear from the expiration date hereof, or any automatically extended expiration date, unless:

(a) At least 60 days prior to any such expiration date, we shall notify the Contracting Officer, or the transferee and the issuing financial institution, by registered mail or other receipted means of delivery, that we elect not to consider this confirmation extended for any such additional period; or

(b) The issuing financial institution shall have exercised its right to notify you or the transferee, the account party, and ourselves, of its election not to extend the expiration date of the Letter of Credit.

5. This confirmation is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. (Insert version in effect at the time of ILC issuance, e.g., "Publication 600, 2006 edition") and to the extent not inconsistent ____ therewith, to the laws of [State of confirming financial institution].____

6. If this confirmation expires during an interruption of business of this financial institution as described in Article 17 of the UCP, we specifically agree to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, ____ [ ]Confirming financial institution

The following format shall be used by the Contracting Officer for a sight draft to draw on the Letter of Credit:(g)

Sight Draft

____ [ ]City, State

(Date) [ ]____ Name and address of financial institution

Pay to the order of [ ] the sum of United States $ . This draft is drawn under Irrevocable Letter of Credit No. ____ Beneficiary Agency ____ ____

____ [ ] [ ]Beneficiary Agency ____ By

(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…