Solicitation - FA568220R0002.pdf

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

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

SOLICITATION

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

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

11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is, is not required.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

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

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

12b. CALENDAR DAYS

YES NO

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

AMOUNTS

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

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

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

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

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

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

Section A - Solicitation/Contract Form

FA568220R0002

Section B - Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

0001 PROJECT ASHE 19-1048 SUSTAIN

HVAC WATER FILTER MULTI,

AVIANO AIR BASE, ITALY THE

CONTRACTOR SHALL FURNISH ALL

LABOR, EQUIPMENT, MATERIALS,

TRANSPORTATION, SUPERVISION

AND ANY OTHER NECESSARY

WORK TO ACCOMPLISH THE

PROJECT HEREIN LISTED AT

THE PRICE STATED BELOW AND

STRICTLY IN ACCORDANCE WITH

THE TERMS AND CONDITIONS

OF THIS CONTRACT INCLUDING

THE FOLLOWING ATTACHED

DOCUMENTS LISTED IN

SECTION J HEREIN. TECHNICAL

SPECIFICATIONS FOR ASHE 19-1048

SUSTAIN HVAC WATER FILTER

MULTI. DATED OCTOBER 2019 - 46

PAGES INCLUDING COVER PAGE.

Manufacturer's Part Number: Null Product Service Code: Z1AA Project Code: ASHE 19-1048 Firm Fixed Price

CIN: 00000000000004965883

1.0 Lot

DFARS Clauses Incorporated by Full Text

252.229-7001 Tax Relief. 2014-09 Basic. As prescribed in 229.402-70(a) and (a)(1), use the following clause:

TAX RELIEFBASIC (SEP 2014)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractors government. The following taxes or duties have been excluded from the contract price:

| NAME OF TAX: __IVA || RATE (PERCENTAGE): __22

(b) The Contractors invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Governments exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

Section C - Description/Specifications/Statement of Work

Requirements

PROJECT ASHE 19-1048 SUSTAIN HVAC WATER FILTER MULTI

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

DFARS Clauses Incorporated by Full Text

252.229-7003 Tax Exemptions (Italy). 2012-03 As prescribed in 229.402-70(c)(1), use the following clause:

TAX EXEMPTIONS (ITALY) (MAR 2012)

(a) As the Contractor represented in its offer, the contract price, including the prices in subcontracts awarded under this contract, does not include taxes from which the United States Government is exempt.

(b) The United States Government is exempt from payment of Imposta Valore Aggiunto (IVA) tax in accordance with Article 72 of the IVA implementing decree on all supplies and services sold to United States Military Commands in Italy.

(1) The Contractor shall include the following information on invoices submitted to the United States Government:

(i) The contract number.

(ii) The IVA tax exemption claimed pursuant to Article 72 of Decree Law 633, dated October 26, 1972.

(iii) The following fiscal code(s): __91000190933 (2)(i) Upon receipt of the invoice, the paying office will include the following certification on one copy of the invoice:

| I certify that this invoice is true and correct and reflects expenditures made in Italy for the Common Defense by the United States Government pursuant to international agreements. The amount to be paid does not include the IVA tax, because this transaction is not subject to the tax in accordance with Article 72 of Decree Law 633, dated October 26, 1972. |

An authorized United States Government official will sign the copy of the invoice containing this certification.

(ii) The paying office will return the certified copy together with payment to the Contractor. The payment will not include the amount of the IVA tax.

(iii) The Contractor shall retain the certified copy to substantiate non-payment of the IVA tax.

(3) The Contractor may address questions regarding the IVA tax to the Ministry of Finance, IVA Office, Rome (06) 520741.

(c) In addition to the IVA tax, purchases by the United States Forces in Italy are exempt from the following taxes:

(1) Imposta di Fabbricazione (Production Tax for Petroleum Products).

(2) Imposta di Consumo (Consumption Tax for Electrical Power).

(3) Dazi Doganali (Customs Duties).

(4) Tassa di Sbarco e dImbarco sulle Merci Transportate per Via Aerea e per Via Maritima (Port Fees).

(5) Tassa de Circolazione sui Veicoli (Vehicle Circulation Tax).

(6) Imposta di Registro (Registration Tax).

(7) Imposta di Bollo (Stamp Tax).

(End of clause)

0001 Inspection and Acceptance Location

Both Destination Instructions: .

DoDAAC: F1F3A2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

31 CES ENGINEER

UNIT 6110 BOX 14

AF BPN NO MILSBILLS PROCESSES

, APO AE 09604 3014

United States

OfficeCode:

ZENO DELLA PUPPA

Telephone: +390434302371 Email: zeno.della_puppa.it@us.af.miL

Section F - Deliveries or Performance

0001 Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to completion of performance 240 Calendar Days Date of Notice to Proceed Receipt

Ship To

DoDAAC: F1F3A2 Cage:

DunsNumber:

Duns4Number:

CountryCode:

USAF:31 CES ENGINEER31 CES ENGINEER

OfficeCode:

ZENO DELLA PUPPA

Telephone: +390434302371 Email: zeno.della_puppa.it@us.af.mil

Period of Performance From

30 MAR 2020

to

25 NOV 2020

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.232-7008 Assignment of Claims (Overseas). 1997-06 252.236-7000 Modification Proposals--Price Breakdown 1991-12

DFARS Clauses Incorporated by Full Text

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

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

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

(WAWF).

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

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

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

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

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

and

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

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

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

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

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

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

(ii) For fixed price line items

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

__CONSTRUCTION INVOICE__

(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.

__NOT APPLICABLE__

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

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

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

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

Routing Data Table*

| Field Name in WAWF || Data to be entered in WAWF | | Pay Official DoDAAC || __F87700__ | | Issue By DoDAAC || __FA5682__ | | Admin DoDAAC || __FA5682__ | | Inspect By DoDAAC || __NOT APPLICABLE__ | | Ship To Code || __NOT APPLICABLE__ | | Ship From Code || __NOT APPLICABLE__ | | Mark For Code || __NOT APPLICABLE__ | | Service Approver (DoDAAC) || __NOT APPLICABLE__ | | Service Acceptor (DoDAAC) || __FA5682__ | | Accept at Other DoDAAC || __NOT APPLICABLE__ | | LPO DoDAAC || __FA5682__ | | DCAA Auditor DoDAAC || __NOT APPLICABLE__ | | Other DoDAAC(s) || __NOT APPLICABLE__ |

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

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

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

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

(g) WAWF point of contact.

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

__N/A__

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

(End of clause)

Section H - Special Contract Requirements

ADDITIONAL REQUIREMENTS

NON WORK DAYS

1. Unless otherwise approved by the Contracting Officer, work shall not be performed at the on base site of work on the following U.S. or Italian holidays (including other base closure days).

2. Regular working days as used herein mean Monday through Friday, from 0800 to 1700 hrs, of each week with exception of established Italian or American holidays or any other day proclaimed an official holiday by either Government.

Italian Holidays:

1 January New Year's Day 6 January Epiphany Easter Monday Monday following Easter 12 April Aviano Patron's Day 25 April Liberation Day 1 May Labor Day 2 June Republic Day 15 August Assumption Day 1 November All Saints' Day 8 December Immaculate Conception 25 December Christmas Day 26 December St. Stephen's Day

U.S. Holidays:

1 January * New Year's Day 3rd Monday in January Martin Luther King's Birthday 3rd Monday in February Washington's Birthday Last Monday in May Memorial Day 4th of July* Independence Day 1st Monday in September Labor Day 2nd Monday in October Columbus Day 11 November * Veteran's Day 4th Thursday in November Thanksgiving Day 25 December* Christmas Day *When the holiday is on a Saturday, the preceding Friday will be the U.S. holiday. When the holiday is on a Sunday, the following Monday will be a U.S. holiday. If delivery is scheduled for a proclaimed holiday, delivery will be made on the next normal workday.

EFT PAYMENT INFORMATION

BANK: _____________________________

ADDRESS: _____________________________

ACCOUNT NUMBER: _____________________________

SWIFT: _____________________________

ABI: _____________________________

CAB: _____________________________

IBAN: _____________________________

OBSERVANCE OF HOST COUNTRY SOCIAL CONTRIBUTION LABOR LAW

(a) The Contractor throughout the life of this contract shall scrupulously observe the requirements of Italian Law regarding the payment of social contributions for Italian national employees as well as the similar laws/directives for all legally employed workers. The contractor shall require subcontractors at all tiers to also comply with the payment requirements of this law and those of the European Community member nations. The certifications shall be provided any time a new employee or subcontractor performs work under this contract or upon expiration of any previously provided certifications. Failure of the Contractor to strictly observe this special contract requirement shall be sufficient reason for the U.S. Government to terminate this contract for Cause.

(b) The contractor shall be responsible for complying with any and all Italian labor laws, relations and standards in effect or which shall come into effect during the term of this contract. Such compliance shall pertain to: hours of work, wages, salaries, working conditions, labor relations (including collective bargaining, union agreements etc.), particular workmen's compensation, social security contributions for all categories of dependents and professionals.

The Contractor and all subcontractors are required to adhere with all safety laws in effect (I.L. 626, Legislative Decree 9 April 2008, n. 81) and that may come into effect of the Italian Government. The Contracting Officer reserves the right to suspend work until such time as adherence to the laws is assured and to remove from the work site any worker found to ignore required safety practices. Such suspensions of work or removal of employees shall be at no cost to the Government.

Failure by the contractor to correct deficiencies in reasonable time shall be cause for Termination for Default.

(c) Furthermore the contractor shall safeguard his firm with additional insurance against the risks of monetary recovery by Italian authorities and workers for accidents, injuries or deaths which are imputable to the contractor for failure to observe required safety practices and/or any requirement of paragraph a. above.

(d) The contractor shall be totally responsible and shall save harmless the U.S. Government from any and all disputes, claims, or grievance initiated by employees or third parties because of failure to comply with this special contract requirement.

(e) Construction contractors shall be responsible for written notification to the local labor benefits office of site work initiation under this contract and shall produce copy of such notice to the Contracting Officer.

(f) With each base pass request the Contractor shall furnish the health insurance and labor benefits employee number.

(g) With signature of the offer the contractor warrants that the proposed price(s) include all costs in effect or which shall come into effect during the term of the contract for compliance with this contract requirement and also for all responsibilities and risks as indicated herein.

INSURANCE AMOUNTS

Pursuant to contract clause 52.228-5, Insurance-Work on a Government Installation, the following are the kinds and minimum amounts of insurance that are required for performance of this contract.

Employee and third party bodily injury (in addition to the mandatory contractor's country social insurance).

(i) Per Person: EURO 1,000,000.00 Per Occurrence: EURO 2,500,000.00

(ii) Third Party Property Damages, Per Occurrence: EURO 1,500,000.00 Vehicle Liability Insurance in accordance with the mandatory requirements of the contractor's country and those of the European Common Market for work outside of the contractor's country. Insurance policies may be denominated in other than currency of the contractor's country provided the amount is equivalent to those stated above and the insurance policies are valid in the country where work is to be performed.

PREPARATION OF MATERIAL APPROVAL SUBMITTALS

The submittals contemplated by the clause entitled "Material and Workmanship" shall be accomplished on and in accordance with the instructions pertaining to AF Form 3000, Material Approval Submittal.

PREPARATION OF PROGRESS SCHEDULES AND REPORTS

The reports contemplated by the clause herein entitled: "Schedules for Construction Contracts" shall be accomplished on and in accordance with the instructions pertaining to AF Form 3064, Contract Progress Schedule, and AF Form 3065, Contract Progress Report.

USE OF DRAWINGS, MAPS, SITE PLANS AND OTHER DOCUMENTS

(Applicable to Section K of the Solicitation)

a. For purposes of this certification drawings, maps, site plans and other documents shall be referred to as the "documents".

b. The Offeror certifies that he understands and shall observe the following instructions concerning the "documents" furnished by the government including those developed by him if required by the scope of the eventual contract:

The "documents" shall not be:

(1) reproduced in whole or in part without the written consent of the Contracting Officer prior to award of the contract.

(2) released to third party personnel or subcontractors without the written consent of the Contracting Officer. For purposes of obtaining written consent, the Contractor shall provide the Contracting Officer the name of the firms who require the "documents" and the contents to be released.

(3) reproduced in whole or in part after contract award, without the written consent of the Contracting Officer. The request for approval shall contain a list of "documents" that require reproduction, the number of copies and to whom they will be distributed.

(4) retained by the Contractor after contract completion without the approval of the Contracting Officer.

NAME OF OFFEROR: _________________________________

SIGNATURE: _________________________________

NAME AND TITLE OF SIGNER: __________________________________

NON APPLICABILITY OF ITALIAN CIVIL CODE

(Applicable to Section K of the Solicitation)

The undersigned contractor, having seen and completely knowledgeable of the contents of the solicitation and eventual contract, in all of its parts, hereby renounces to any and all rights afforded to him by article 1341 of the Italian Civil Code with respect to the provisions and clauses of this contract and Italian Civil Code articles 1664, 1467 and 1673. The renouncement is made on his own free will without having received influence of any kind, from any third parties, including the contracting officer. The contractual price includes adequate monetary compensation for this renouncement.

I hereby certify to have read and understood all terms, conditions and clauses of this contract and hereby approve them in their entirety.

NAME OF CONTRACTOR: ________________________________________

POSITION OF AGENT: _________________________________________

SIGNATURE OF AGENT: __________________________________________

GOVERNMENT FILL-INS:

52.236-4 PHYSICAL DATA (APR 1984)

Para (b) Insert: "Average record for Aviano Air Base only, records for other work sites are not available.

% of Hr. Temp. is Average Min. Extreme Min. Below 1C from Average Relative Month Temp. (C) Temp. (C) 0600 to 1700 hrs.

Humidity (%)

JAN -2 -13 19 74

FEB 0 -11 10 71

MAR 3 -12 5 66

APR 7 - 3 * 66

MAY 12 1 0 70

JUN 15 6 0 70

JUL 17 4 0 65

AUG 17 8 0 68

SEP 14 3 0 73

OCT 8 - 2 * 74

NOV 4 -10 3 77

DEC -1 -12 19 71

% of Hr. Humidity is Over 70% from Average Number Average Number Average Number 1200 to 1400 of Days With of Days With of Days With Month Hrs. Precipitation Snow Thunderstorms

JAN 38 9 2 *

FEB 31 10 2 *

MAR 22 13 2 1

APR 17 16 * 5

MAY 16 18 0 11

JUN 15 18 0 13

JUL 6 15 0 12

AUG 10 15 0 10

SEP 21 12 0 6

OCT 19 10 0 3

NOV 39 13 * 2

DEC 27 10 2 *

* = Occurs less than 1 day or 1%.

Para (c) Insert: No Government transportation vehicles or facilities are available for contractor use.

Para (d) Insert: Items identified as Government Furnished Property will be turned over to the Contractor, whenever he requests such items, at a warehouse located within the limits of Aviano Air Base.

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

Change all references to 1 year to read 2 years.

Section I - Contract Clauses

Number Title Effective Date 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation.

2017-01

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

2017-01

52.204-7 System for Award Management. 2018-10 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 52.204-13 System for Award Management Maintenance. 2018-10 52.204-16 Commercial and Government Entity Code Reporting. 2016-07 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities.

2018-07

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial

Items).

2019-08

52.215-8 Order of Precedence-Uniform Contract Format. 1997-10 52.219-13 Notice of Set-Aside of Orders. 2011-11 52.222-50 Combating Trafficking in Persons. 2019-01 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.225-14 Inconsistency between English Version and Translation of Contract. 2000-02 52.228-5 Insurance-Work on a Government Installation. 1997-01 52.232-27 Prompt Payment for Construction Contracts. 2017-01 52.232-33 Payment by Electronic Funds Transfer-System for Award Management.2018-10 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.233-1 Disputes. 2014-05 52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.236-2 Differing Site Conditions. 1984-04 52.236-3 Site Investigation and Conditions Affecting the Work. 1984-04 52.236-5 Material and Workmanship. 1984-04 52.236-6 Superintendence by the Contractor. 1984-04 52.236-7 Permits and Responsibilities. 1991-11 52.236-8 Other Contracts. 1984-04 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements.

1984-04

52.236-10 Operations and Storage Areas. 1984-04 52.236-11 Use and Possession Prior to Completion. 1984-04 52.236-12 Cleaning Up. 1984-04 52.236-13 Accident Prevention. 1991-11 52.236-14 Availability and Use of Utility Services. 1984-04 52.236-15 Schedules for Construction Contracts. 1984-04 52.236-21 Specifications and Drawings for Construction. 1997-02 52.236-26 Preconstruction Conference. 1995-02 52.242-14 Suspension of Work. 1984-04 52.243-1 Alternate I Changes-Fixed-Price. 1987-08 52.243-5 Changes and Changed Conditions. 1984-04 52.246-21 Warranty of Construction. 1994-03 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short

Form).

1984-04

52.249-4 Termination for Convenience of the Government (Services) (Short Form).

1984-04

52.249-10 Default (Fixed-Price Construction). 1984-04 52.253-1 Computer Generated Forms. 1991-01

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. 1992-04 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported

Cyber Incident Information.

2016-10

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2016-10

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.222-7002 Compliance with Local Labor Laws (Overseas). 1997-06 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 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. 1997-06 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the

United States.

2015-06

252.225-7048 Export-Controlled Items. 2013-06 252.229-7000 Invoices Exclusive of Taxes or Duties 1997-06 252.232-7010 Levies on Contract Payments. 2006-12 252.233-7001 Choice of Law (Overseas). 1997-06 252.236-7005 Airfield Safety Precautions. 1991-12 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.244-7000 Subcontracts for Commercial Items 2013-06

FAR Clauses Incorporated by Full Text

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

Approval of Contract (Dec 1989) This contract is subject to the written approval of __SEVERINO MION C.O__[identify title of designated agency official here] and shall not be binding until so approved.

(End of clause)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 2019-08 As prescribed in 4.2105(b), insert the following clause:

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

(a) Definitions. As used in this clause- "Covered foreign country" means The People's Republic of China.

"Covered telecommunications equipment or services" means-

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

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other 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);

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

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in 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.

"Critical technology" means-

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

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

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

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

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

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

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

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

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

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

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

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or 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.

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

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; 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.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about 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.

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

(End of clause)

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

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

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

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

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

(b) The Offeror represents that-

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

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

(End of provision)

52.228-13 Alternative Payment Protections. 2000-07 As prescribed in 28.102-3(b), insert the following clause:

Alternative Payment Protections (July 2000)

(a) The Contractor shall submit one of the following payment protections:

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within ____ days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of clause)

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

Payments under Fixed-Price Construction Contracts (May 2014)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

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

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

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

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

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

(End of clause)

52.236-4 Physical Data. 1984-04 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) __SEE SECTION H __ [insert other pertinent information].

(End of clause)

52.252-2 Clauses Incorporated by Reference. 1998-02 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):

__http://farsite.hill.af.mil/__ ____ ____ [Insert one or more Internet addresses] (End of clause)

52.252-4 Alterations in Contract. 1984-04 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:

__NOT APPLICABLE__ ____ ____

(End of clause)

52.252-6 Authorized Deviations in Clauses. 1984-04 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.