Model Agreement Rev 1.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

FA558724G0001

ROGER MORRIS 01638 522 394

07 FEB 2024

TO BE IDENTIFIED ON INDIVIDUAL TASK ORDER

This Basic Ordering Agreement (BOA) is a written instrument of understanding, negotiated between the United States Government and the Contractor to a broad range of renovation and construction services for the US Government. Work locations include but may not be limited to RAF Mildenhall, RAF Lakenheath, and RAF Feltwell. Work under this Agreement will be ordered by issuing Task Orders.

Project Title: Tri-Base Area Construction Blanket Ordering Agreement (BOA)

10 TBD

X

AWARD (To be completed by Government)

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

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.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

TO BE DETERMINED ON INDIVIDUAL ORDERS

SEE INDIVIDUAL TASK ORDER

NOT APPLICABLE

SEE INDIVIDUAL TASK ORDERSEE INDIVIDUAL TASK ORDER

Section A - Solicitation/Contract Form

Tri-Base Area Construction Basic Ordering Agreement (BOA)

North American Industry Classification System (NAICS): 236220 Proposal Identifier: F A558724R0003 Date: 14 Dec 2023

FA558724G0001

Page3 of24

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item

Supplies/Service

The Contractor shall provide all material, labor, equipment, transportation and supplies needed to perform the tasks required of each individual task order issued under this agreement and all accompanying attachments.

Pricing Arrangement: Firm Fixed Price

DFARS Clauses Incorporated by Reference

Number Title

252.229-7006 Value Added Tax Exclusion (United Kingdom) 252.229-7007 Verification of United States Receipt of Goods.

Quantity l

Unit

Job

Unit Price

Effective

Date

Dec 2011 Jun 1997

Amount

FA558724G0001

Page4of24

Allowed Per Order Minimum: USD 2,000.00 Maximum: USD 10,00,000.00

Alternate/

Deviation

Variation

Effective

Date

Section C - Description/Specifications/Statement of Work

DESCRIPTION OF AGREEMENT

Allowed Per Order Minimum: 2,000.00 Dollars, U.S.

Maximum: 10,000,000.00 Dollars, U.S.

Currency: All task orders shall be priced and payments shall be made in pound sterling (GBP).

Ceiling: There is no limit to the quantity or value of task orders that may be issued under this agreement.

amount is simply being used as a placeholder and will be adjusted as necessary.

1. Description of Agreement. This Basic Ordering Agreement (BOA) is a written instrument of understanding, negotiated between the United States Government and the Contractor to provide construction services for a broad range construction projects for the US Government.

2. Ordering. Construction to be furnished under this agreement will be ordered by issuing Task Orders. There is no guarantee of any future orders.

3. Location of Work. Work to be performed under this agreement include RAF Mildenhall, RAF Lakenheath, and RAF Feltwell and adjacent area.

4. Term of Agreement. The term of this agreement shall be from the effective date through 31 March 2029 and may be extended by mutual agreement of both parties. Task Orders issued while the agreement is active may extend beyond the term of the agreement as needed to complete the task order.

5. Individuals Authorized to Place Orders. Any Contracting Officer assigned to 48 CONS may place task orders under this agreement.

6. Cancellation of Agreement. This agreement may be cancelled by either party by providing written notice of cancellation.

Requirements

Tri-Base Area Construction Basic Ordering Agreement

Page 5 of24

Section D - Packaging and Marking

Page6 of24

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number

52.246-12 52.246-13

Title

Inspection of Construction.

Inspection-Dismantling, Demolition, or Removal of Improvements.

Effective Date

Aug 1996 Aug 1996

Alternate/ Deviation

FA558724G0001

Page? of24

Variation Effective Date

Section F - Deliveries or Performance

Overall Contract Delivery Period

Ordering Period From 18 Dec 2023 to 18 Dec 2024

The ordering period above may include unexercised options

From date of lead time event to beginning of performance 15 Calendar Days Date of Award Receipt

From date of lead time event to completion of performance 365 Calendar Days Date of Award Receipt

Line Item Delivery Schedule Quantity Address and POC

1 Job

FA558724G0001

Page 8 of24

Special Handling/Notes

FoB Details Contractor Destination

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

252.232-7008 Assignment of Claims (Overseas).

252.236-7000 Modification Proposals--Price Breakdown.

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions.

As prescribed in 232. 7004(b ), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause-

Effective Date

Dec 2018 Jun 1997 Dec 1991

Alternate/ Deviation

(Jan 2023)

FA558724G0001

Page9 of24

Variation Effective Date

"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 (WA WF).

"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 defmed in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

( c) WA WF access. To access WA WF, the Contractor shall-

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

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

( d) WA WF training. The Contractor should follow the training instructions of the WA WF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WA WF. Both can be accessed by selecting the "Web Based Training" link on the WA WF home page at https://wawf.eb.miU

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

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

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

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

(ii) For fixed price line items-

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

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

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

Page 10 of24

(Contracting Officer: Insert either "Invoice 2inl" 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 financing, submit a commercial financing request.

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

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

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

Routing Data Table*

Field Name in WA WF Data to be entered in WA WF Pay Official DoDAAC Issue By DoDAAC Admin DoDAAC Inspect By DoDAAC Ship To Code Ship From Code Mark For Code Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPODoDAAC DCAA Auditor DoDAAC Other DoDAAC(s)

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

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

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

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

(g) WA WF point of contact.

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

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

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

(End of clause)

Section H - Special Contract Requirements

Page 11 of24

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number

52.202-1

52.20 3- 3

52.20 3- 5

52.20 3- 6

52.20 3- 7

52.20 3- 8

52.20 3-10

52.20 3-12

52.20 3-13

52.20 3-19 52.204-4 52.204- 9 52.204-10 52.204-12 52.204-13 52.204-18 52.204-19

52.204-23

52.204-25

52.204-27

52.20 9- 6

52.20 9- 9

52.20 9-10

52.210 -1 52.211-13

52.215 -2

52.215 - 8

52.215 -10

52.215 -11

52.215 -12

52.215 -13

52.215 -21

52.215 -23

52.215 -23 52.222-19 removed removed 52.222- 5 0 52.223- 5 52.223-17 52.223-18

52.225 -13 52.229- 6 52.229-12 52.232-17 52.232-18 52.232-23 52.232- 36 52.232- 37 52.232- 39 52.232-40 52.233-1 52.233- 3 52.233-4 52.236-2 52.236- 3 52.236- 5 52.236- 6 52.236- 7

Title

Definitions.

Gratuities.

Covenant Against Contingent Fees.

Restrictions on Subcontractor Sales to the Government.

Anti-Kickback Procedures.

Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

Price or Fee Adjustment for Illegal or Improper Activity.

Limitation on Payments to Influence Certain Federal Transactions.

Contractor Code of Business Ethics and Conduct.

Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.

Personal Identity Verification of Contractor Personnel.

Reporting Executive Compensation and First-Tier Subcontract Awards.

Unique Entity Identifier Maintenance.

System for Award Management Maintenance.

Commercial and Government Entity Code Maintenance.

Incorporation by Reference of Representations and Certifications.

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

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

Prohibition on a ByteDance Covered Application.

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

Updates of Publicly Available Information Regarding Responsibility Matters.

Prohibition on Contracting with Inverted Domestic Corporations.

Market Research.

Time Extensions.

Audit and Records-Negotiation.

Order of Precedence-Uniform Contract Format.

Price Reduction for Defective Certified Cost or Pricing Data.

Price Reduction for Defective Certified Cost or Pricing Data-Modifications.

Subcontractor Certified Cost or Pricing Data.

Subcontractor Certified Cost or Pricing Data-Modifications.

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications.

Limitations on Pass-Through Charges.

Limitations on Pass-Through Charges. (Alternate I) Child Labor-Cooperation with Authorities and Remedies.

removed removed Combating Trafficking in Persons.

Pollution Prevention and Right- to-Know Information.

Affirmative Procurement of EPA- designated Items in Service and Construction Contracts.

Encouraging Contractor Policies to Ban Text Messaging While Driving.

Restrictions on Certain Foreign Purchases.

Taxes-Foreign Fixed- Price Contracts.

Tax on Certain Foreign Procurements.

Interest.

Availability of Funds.

Assignment of Claims.

Payment by Third Party.

Multiple Payment Arrangements.

Unenforceability of Unauthorized Obligations.

Providing Accelerated Payments to Small Business Subcontractors.

Disputes.

Protest after Award.

Applicable Law for Breach of Contract Claim.

Differing Site Conditions.

Site Investigation and Conditions Affecting the Work.

Material and Workmanship.

Superintendence by the Contractor.

Permits and Responsibilities.

Effective

Date

Jun2020 Apr 1984 May 2014 Jun2020 Jun2020 May 2014 May 2014 Jun2020 Nov2021 Jan2017 May2011 Jan 2011 Jun2020 Oct 2016 Oct 2018 Aug2020 Dec2014

Dec2023

Nov2021

Jun2023

Nov2021

Oct 2018 Nov2015 Nov2021 Sep20 0 0 Jun2020 Oct 1997 Aug2011 Jun2020 Jun2020 Jun2020

Nov2021

Jun2020 Jun2020 Nov2023 removed removed Nov2021 May2011 Aug2018 Jun2020 Feb 2021 Feb2013 Feb 2021 May 2014 Apr 1984 May 2014 May 2014 May 1999 Jun 2013 Mar2023 May 2014 Aug 1996 Oct20 04 Apr 1984 Apr 1984 Apr 1984 Apr 1984 Nov 1991

Alternate/

Deviation

Alternate I

FA558724G0001

Page 12 of24

Variation

Effective

Date

Oct20 0 9

1101674696C Highlight

52.236-8 52.236-9 52.236-10 52.236-11 52.236-12 52.236-13 52.236-14 52.236-15 52.236-16 52.236-17 52.236-21 52.242-13 52.242-14 52.243-4 52.243-5 52.244-5 52.244-6 removed removed 52.249-2 52.249-2 52.249-10 removed

Other Contracts.

Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

Operations and Storage Areas.

Use and Possession Prior to Completion.

Cleaning Up.

Accident Prevention.

Availability and Use of Utility Services.

Schedules for Construction Contracts.

Quantity Surveys.

Layout of Work.

Specifications and Drawings for Construction.

Bankruptcy.

Suspension of Work.

Changes.

Changes and Changed Conditions.

Competition in Subcontracting.

Subcontracts for Commercial Products and Commercial Services.

removed removed Termination for Convenience of the Government (Fixed-Price).

Termination for Convenience of the Government (Fixed-Price). (Alternate I) Default (Fixed-Price Construction).

removed

DFARS Clauses Incorporated by Reference

Number

252.203-7000 252.203-7001 252.203-7002 252.203-7003 252.203-7004 252.204-7003 252.204-7012 252.204-7015

252.204-7018

252.204-7020 252.205-7000

252.209-7004

252.222-7002 252.222-7006 252.223-7008 252.225-7005 252.225-7048 252.225-7056

252.225-7058

252.229-7008 252.229-7014 252.232-7010 252.233-7001 252.236-7005

252.236-7013

252.243-7001 252.243-7002 252.244-7000 252.246-7004

Title

Requirements Relating to Compensation of Former DoD Officials.

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

Requirement to Inform Employees ofWhistleblower Rights.

Agency Office of the Inspector General.

Display of Hotline Posters.

Control of Government Personnel Work Product.

Safeguarding Covered Defense Information and Cyber Incident Reporting.

Notice of Authorized Disclosure of Information for Litigation Support.

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

NIST SP 800-171 DoD Assessment Requirements.

Provision of Information to Cooperative Agreement Holders.

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

Compliance with Local Labor Laws (Overseas).

Restrictions on the Use of Mandatory Arbitration Agreements.

Prohibition of Hexavalent Chromium.

Identification of Expenditures in the United States .

Export-Controlled Items.

Prohibition Regarding Business Operations with the Maduro Regime.

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

Relief from Import Duty (United Kmgdom).

Full Exemption from Two-Percent Excise Tax on Certain Foreign Procurements.

Levies on Contract Payments.

Choice of Law (Overseas).

Airfield Safety Precautions.

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

Pricing of Contract Modifications.

Requests for Equitable Adjustment.

Subcontracts for Commercial Products or Commercial Services.

Safety of Facilities, Infrastructure, and Equipment for Military Operations.

FAR Clauses Incorporated by Full Text

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

Apr 1984 Apr 1984 Apr 1984 Apr 1984 Apr 1984 Nov 1991 Apr 1984 Apr 1984 Apr 1984 Apr 1984 Feb 1997 Jul 1995 Apr 1984 Jun 2007 Apr 1984 Dec 1996 Dec 2023 removed removed Apr 2012 Apr 2012 Apr 1984 removed

Effective Date

Sep 2011 Jan 2023 Dec 2022 Aug 2019 Jan 2023 Apr 1992 Jan 2023 Jan 2023

Jan 2023

Nov 2023 Jun 2023

May 2019

Jun 1997 Jan 2023 Jan 2023 Jun 2005 Jun 2013 Jan 2023

Jan 2023

Dec 2011 Oct 2022 Dec 2006 Jun 1997 Dec 1991

Jan 2023

Dec 1991 Dec 2022 Nov 2023 Oct 2010

Alternate I

Alternate/ Deviation

(Apr 1984)

FA558724G0001

Page 13 of24

Sep 1996

Variation

Effective

Date

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.

Page 14of24

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

The Contractor shall be required to (a) commence work under this contract within __ [Contracting Officer insert number] calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and ( c) complete the entire work ready for use not later than __ .

* The 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. (Sep 2000)

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 __ [Contracting Officer insert amount] 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)

Requirements for Certified Cost or Pricing Data and Data Other Than Certified

Cost or Pricing Data-Modifications. (Alternate IV) 52.215-21 (Nov 2021) Alternate IV (Oct 2010)

Alternate IV (Oct 2010). As prescribed in 15.408 (m), replace the text of the basic clause with the following:

(a) Submission of certified cost or pricing data is not required.

(b) Provide data described below: ____ �lnsert description of the data and the format that are required, including the access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15 .403-3 . ]

52.222-50 Combating Trafficking in Persons. (Alternate I) (Nov 2021) Alternate I (Mar 2015)

Alternate I (Mar 2015). As prescribed in 22.1705 (a)(2), substitute the following paragraph in place of paragraph (c)(l)(i) of the basic clause:

(i)(A) The United States Government's policy prohibiting trafficking in persons described in paragraph (b) of this clause; and

(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:

Document Title Document may be obtained from: Applies to performance in/at:

[Contracting Officer shall insert title of directive/notice; indicate the document is attached or provide source (such as website link) for obtaining document; and, indicate the contract performance location outside the United States. to which the document applies.] removed removed removed removed

Material (If none, insert None) Identification No.

( c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

Page 15 of24 clause removed

52.232-5 Payments under Fixed-Price Construction Contracts.

As prescribed in 32.11 l(a)(S), insert the following clause:

Payments under Fixed-Price Construction Contracts (May 2014)

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

(May 2014)

(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

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

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

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

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

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

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

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

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

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

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

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

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

Page 16 of24

(2) All payments due to subcontractors and suppliers from previous payments received under tbe contract have been made, and timely payments will be made from the proceeds of tbe payment covered by this certification, in accordance with subcontract agreements and tbe requirements of Chapter 39 of Title 31, United States Code;

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

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

_(Name)

_(Title)

__ (Date)

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

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

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

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

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

( e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, tbe 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, tbe Contracting Officer may retain from previously withheld funds and future progress payments tbat amount the Contracting Officer considers adequate for protection oftbe Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

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

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

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

(g) Reimbursement for bond premiums. In making tbese progress payments, the Government shall, upon request, reimburse the Contractor for tbe 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 tbe surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

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

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of tbe release. A release may also be required of the assignee if the Contractor's claim to amounts payable under tbis contract has been assigned under the Assignment of Claims Act ofl940 (31 U.S.C.3727 and 41 U.S.C.6305).

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

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

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

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

52.236-4 Physical Data. (Apr 1984)

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As prescribed in 36.504 , insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated and physical data ( e.g., test borings, hydrographic, weather conditions data) will be furnished or made available to offerors. All information to be furnished or made available to offerors before award that pertains to the performance of the work should be identified in the clause. When paragraphs are not applicable they may be deleted.

Physical Data (Apr 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

( a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by _____ _._insert a description of investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels].

(b) Weather conditions ______ [insert a summary of weather records and warnings].

( c) Transportation facilities -----~insert a summary of transportation facilities providing access from the site, including information about their availability and limitations].

( d) ----~insert other pertinent information].

(End of clause)

52.236-26 Preconstruction Conference.

As prescribed in 36.522 , insert the following clause:

Preconstruction Conference (Feb 1995)

(Feb 1995)

If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer's notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

(End of clause)

52.246-21 Warranty of Construction. (Mar 1994)

As prescribed in 46.710(e)(l), 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 1 year 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 1 year 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 1 year 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.

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(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)

52.252-2 Clauses Incorporated by Reference. (Feb 1998)

As prescribed in 52.107(b), insert the following clause:

Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address( es):

______ [Insert one or more Internet addresses]

(End of clause)

52.252-4 Alterations in Contract. (Apr 1984)

As prescribed in 52.107(d), insert the following clause in solicitations and contracts in order to revise or supplement, as necessary, other parts of the contract, or parts of the solicitation that apply after contract award, except for any clause authorized for use with a deviation. Include clear identification of what is being altered.

Alterations in Contract (Apr 1984)

Portions of this contract are altered as follows:

(End of clause)

52.252-6 Authorized Deviations in Clauses. (Nov2020)

As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause.

Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any __ [insert regulation name] ( 48 CFR _) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

DFARS Clauses Incorporated by Full Text

252.236-7001 Contract Drawings and Specifications.

As prescribed in 236.570(a), use the following clause:

CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(Aug2000)

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(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall-

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

( 5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

( d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

( e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title

(End of clause)

File Drawing No.

252.236-7004 Payment for Mobilization and Demobilization.

As prescribed in 236.570(b)(2), use the following clause:

PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DEC 1991)

(Dec 1991)

(a) The Government will pay all costs for the mobilization and demobilization of all of the Contractor's plant and equipment at the contract lump sum price for this item.

(I) __ percent of the lump sum price upon completion of the contractor's mobilization at the work site.

(2) The remaining __ percent upon completion of demobilization.

(b) The Contracting Officer may require the Contractor to furnish cost data to justify this portion of the bid if the Contracting Officer believes that the percentages in paragraphs (a){l) and (2) of this clause do not bear a reasonable relation to the cost of the work in this contract.

(1) Failure to justify such price to the satisfaction of the Contracting Officer will result in payment, as determined by the Contracting Officer, of

(i) Actual mobilization costs at completion of mobilization;

(ii) Actual demobilization costs at completion of demobilization; and

(iii) The remainder of this item in the final payment under this contract.

(2) The Contracting Officer's determination of the actual costs in paragraph (b )(1 )of this clause is not subject to appeal.

252.247-7023 Transportation of Supplies by Sea. (Jan 2023)

Basic. As prescribed in 247.574(b) and (b)(l), use the following clause:

TRANSPORTATION OF SUPPLIES BY SEA-BASIC (JAN 2023)

(a) Definitions. As used in this clause-

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"Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

"Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

"Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel.

"Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

"Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

"Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items;

construction materials; and components of the foregoing.

"U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(l) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if-

(i) This contract is a construction contract; or

(ii) The supplies being transported are-

(A) Other than commercial products; or

(B) Commercial products that-

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that-

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation oflike goods.

( d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum-

(!) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

( 4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

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(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag ofregistry;

(4) Date ofloading;

(5) Port ofloading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

( f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief-

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

ITEM DESCRIPTION CONTRACT LINE ITEMS QUANTITY

TOTAL

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall-

(1) Notify the Contracting Officer of that fact; and

(2) Comply with all the terms and conditions of this clause.

(i) Subcontracts. In the award of subcontracts, for the types of supplies described in paragraph (b )(2) of this clause, including subcontracts for commercial products, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

Supplemental Clauses Incorporated by Full Text

5352.201-9101 USAFE Ombudsman (Jul 2023)

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(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from…