Solicitation - FA570323R00040003 (Conformed Copy).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

Created On: 11 Sep 2023, 05:34 AM Central Standard Time

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

Camp Sparta Access Roads

FA570323R00040003

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

This project consists of improving the existing road accessing Camp Sparta to support heavy duty vehicles. It shall be designed and built in accordance with the Unified Facilities Criteria (UFC) 3-260-02 3-250- 01, Pavement Design for Roads and Parking Areas, UFC 2-250-03 Standard Practice Manual for Flexible Pavements, all other applicable UFCs, and as modified by the requirements stated in Attachment 1 - Statement of Work (29 May 23).

Product Service Code: Z2LB Pricing Arrangement: Firm Fixed Price

1 Lot

Section C - Description/Specifications/Statement of Work

Requirements Improve Existing Camp Sparta Access Roads to support heavy duty vehicles.

Section D - Packaging and Marking

Not Applicable.

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-12 Inspection of Construction. Aug 1996 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements. Aug 1996

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: 386 ECES & ECONS will be performing the pre-final and final inspections/acceptance for this project.

DoDAAC: FA5703 CountryCode: KWT

FA5703 386 ECONS LGC

NOT TO BE USED FOR SHIPPING, ALI AL SALEM KW

ALI AL SALEM

KUWAIT

386 ECONS

Email: 386ECONSINFRASTRUCTURE@asab.afcent.af.mil Telephone: 3184426781

Section F - Deliveries or Performance

Overall Contract Delivery Period

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

From date of lead time event to completion of performance 180 Calendar Days Date of Notice to Proceed Receipt

Line Item Delivery Schedule Quantity Address and POC

Delivery Schedule From date of lead time event to completion of performance 180 Calendar Days Date of Notice to Proceed Receipt

1 Lot Place of Performance DoDAAC: FA5703 CountryCode: KWT

FA5703 386 ECONS LGC

NOT TO BE USED FOR SHIPPING, ALI AL

SALEM KW

ALI AL SALEM

KUWAIT

386 ECONS

Email: 386ECONSINFRASTRUCTURE@asab.afcent.

af.mil

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.242-15 Stop-Work Order. Aug 1989 52.247-34 F.o.b. Destination. Nov 1991

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7006 Billing Instructions. Oct 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7008 Assignment of Claims (Overseas). Jun 1997

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Dec 2018

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) As used in this clause- Definitions.

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

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

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

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

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

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

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

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

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

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

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

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

Protocol.

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

WAWF for this contract or task or delivery order:

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

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

(ii) For fixed price line items-

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

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

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

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

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

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

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

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

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

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 FA5703

Admin DoDAAC FA5703

Inspect By DoDAAC FA5703

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) FA5703

Service Acceptor (DoDAAC) FA5703

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

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

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

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

(g) WAWF point of contact.

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

386ECONSINFRASTRUCTURE@asab.afcent.af.mil

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

(End of clause)

Section H - Special Contract Requirements

H-1 COORDINATION OF WORK WITH OTHER CONTRACTS

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

H-2 GOVERNING LAW

This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Armed Services Board of Contract Appeals and the United States Court of Federal Claims for the hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

H-3 SECURITY / PASS REQUIREMENTS

(a) The contractor shall follow existing security procedures and instructions applicable to Ali Al Salem Air Base, Kuwait. Contractor personnel working on Ali al Salem Air Base shall possess a valid "Red Badge" for Ali Al Salem Air Base (American pass requirement requiring registration in DBIDS), and hold a current Kuwait Pass necessary to gain access to the front Gate. The U.S. shall not be liable for delays caused by inaccessibility through the Kuwaiti Gate.

(b) The contractor shall submit AFCENT Installation Access Application to the Contracting Officer and Engineering Assistant within 5 calendar days after receipt of "Notice of Contract Award". The contractor is also required to complete AFCENT Installation Access Application for all employees entering ASAB. Once the application is complete all contractor employees must then register within the Defense Biometric Identification System (DBIDS) and receive a DBIDS "Red" badge.

(c) The contractor shall submit properly completed pass request applications (for DBIDS and Kuwaiti passes) to the Engineering Assistant within 7 calendar days after receipt of "Notice of Contract Award". The pass request applications require coordination with the Host Nation Liaison. The U.S.

Air Force shall not be liable for delays resulting from Kuwaiti pass coordination/approval. Contractor shall be liable for completing all requirements within the specified time frames. Therefore, it is imperative for the pass applications be completed correctly. No extensions on work will be granted due to delays from Kuwaiti pass coordination/approval. Contracts with length greater than 30 days shall require a KMOD J2 pass for ALL workers to satisfy the Kuwaiti pass requirement. ALL WORKERS ARE REQUIRED TO HAVE PERMANENT J2 BADGES.

(d) The work site is located in a restricted or controlled area. The contractor may therefore experience delays due to compliance with entrance/exit requirements of restricted/controlled areas. The maximum amount of delay should not exceed four (4) hours per occurrence.

(e) The host Nation base will not grant access for individuals of the following nationalities: IRAN, CUBA, LIBYA, SYRIA, and SUDAN.

H-4 ESCORTS

Upon entry through the US Air Force Main Gate, contractor personnel are required to be in the presence of a military escort at all times. The contractor shall comply with escort directions. The U.S. Air Force shall provide escorts, provided the contractor makes the proper coordination discussed below. Initial contractor personnel/escort requirements shall be discussed at the Pre-construction Conference. The contractor shall notify the designated Project Inspector (or Contracting Officer Representative, COR) 48 hours in advance of any new/revised personnel/escort requirements.

The contractor shall notify the designated Project Inspector/COR 24 hours in advance of any change in time that the escorts shall meet the contractor and/or when the number of contract workers increases or decreases. The contractor will not be able to start work until escort arrangements are made.

The U.S. Air Force shall not be liable for delays caused by the contractors' failure to follow the above notification requirements.

H-5 SECURITY / SEARCH

(a) Upon entry through the Ali Al Salem Main Gate, contractor personnel and vehicles shall process through the search area.

(b) Materials including but not limited to concrete, asphalt, asphalt emulsions, and water require search and surveillance by U.S. Air Force personnel from the point of origin to the search area inside the Ali Al Salem Gate. The contractor shall notify the designated Project Inspector/COR TWO (2) days in advance of the scheduled delivery. The contractor shall immediately notify the Project Inspector/COR of changes. Changes shall require an additional TWO (2) days advance notice for Government personnel coordination. The U.S. Air Force shall not be liable for delays resulting from the contractor's failure to follow the above notification requirements or supplier/contractor delivery changes.

(c) All vehicle and trailer compartments shall allow for a complete visual inspection. All tanks and all baffled sections shall have a minimum 3 ft / .

91meter diameter visual inspection port. Equipment not meeting the above requirements shall not be allowed entry onto AASAB. The U.S. Air Force shall not be liable for delays caused by equipment not meeting the above requirements.

(d) TELEPHONE USE PROHIBITION: Contractor personnel working on Ali Al Salem Air Base Air Base are prohibited from using telephone instruments, (to include but not limited to, cell, mobile, land line and satellite phones, fax machines, and pagers) without expressed written-approval from the Contracting Officer and 386 ECES Commander.

(e) The below list of items have been identified as contraband and may not be carried onto the installation by non-DoD contractors and/or TCNs without written authorization from the Contracting Officer or Requesting Agency's Commander and approved by the 386 ESFS Commander. The Contractor is required to inform all employees of these restrictions. Those found attempting to bring contraband on base (Contractor or any of their employees) may result in the individual or company being barred from base. Any delay of work resulting from debarment will be at the Contractor's expense.

Ammunition Beepers/Pagers Bottled Fuel Cameras, Recording Devices (Both Audio and Video)

Cellular Telephones Electronic Storage Devices (Memory Cards, Hard/Thumb Drives, Sim Cards) Explosives Illegal Drugs (i.e. not prescription) Laptop Computers Mobile Radios Tools (Not required for contracted duties) US Military Uniforms Weapons (i.e. knives with a blade exceeding 3 inches in length) Writing Materials (i.e. Pens/Pencils/Paper) *List is subject to change as required by the 386 AEW and United States Air Force

H-6 CONSTRUCTION PERMIT

Prior to beginning of any excavation, which may be required under this contract, the contractor shall obtain a Base Civil Engineering Work Clearance Request, AF Form 103, from the Civil Engineering Construction Management Section. Seven (7) working days are required for Government processing of the construction permit. Forms can be requested free of charge, and will be provided in electronic format whenever possible.

H-7 UTILITIES

(a) For the purpose of this contract, where available, utilities, construction water, electricity, etc., will be furnished at no cost to the Contractor. The Contractor will be required to participate in all energy conservation programs.

(b) The contractor shall notify the designated Project Inspector/COR 24 hours in advance of construction water requirements. The contractor shall furnish all equipment, material, and labor necessary to obtain and deliver water to the work site(s). The U.S. Air Force shall not be liable for delays caused by the contractor's failure to follow the above notification requirements.

(c) The contractor shall be responsible for providing ample drinking water for their personnel, subcontractors, and any other non-Department of Defense personnel linked to the project in any way.

H-8 DAMAGE TO UTILITIES

In the event of a contractor caused utility failure/disruption, the Contractor will first make the area safe, then immediately contact the Civil Engineer Project Inspector and Contracting Officer. If the damaged utilities were previously known or shown to the contractor, or there is negligence on his part, the utilities will be repaired by the contractor in a timely manner at no cost to the government. If the damaged utilities were not previously known or shown to the contractor and there is not negligence on his part, they will be repaired at government expense.

H-9 MATERIAL APPROVAL SUBMITTAL FORM (AF FORM 3000)

Within 15 calendar days after receipt of Notice to Proceed or as otherwise established by the contracting officer, all material and articles requiring approval, as contemplated by the Materials and Workmanship Clause, shall be submitted by the contractor using AF Form 3000. AF Form 3000 will be provided to awardee in the Pre- Construction Conference. Any submission that differs from the contract specifications shall be annotated clearly and completely documented on the AF Form 3000. See Technical Specification, Submittal Procedures and the Submittal Register for a listing identifying submittal requirements. Within seven (7) calendar days after issuance of Notice to Proceed (NTP), the contractor shall submit the Submittal Register to the Contracting Officer with submission dates identified for each line item identified on the Submittal Register.

H-10 AS-BUILT DRAWINGS

The Contractor shall maintain one set of drawings at the work site and record all changes and hidden or subsurface data discovered during construction. All changes which transpire during the contract shall be included on this copy in ink, and shall be neat, legible, reproducible, and consistent with the drawings' drafting standards. The As-Builts will be given to the Contracting Officer prior to the final inspection.

H-11 ENGLISH SPEAKING SITE SUPERVISOR

Contractor shall have a Site Supervisor that can read, speak and write fluently in English or in absent of Site Supervisor shall have such an individual on site.

H-12 ENVIRONMENTAL IMPACT/COMPLIANCE WITH APPLICABLE FEDERAL, STATE, AND LOCAL REQUIREMENTS All waste materials generated by work under a contract performed on a Government installation shall be handled, transported, stored, disposed of, and treated by the contractor and any subcontractor in accordance with all applicable federal, state, and local laws, ordinances, regulations, executive orders, agency rules or order, court orders, or any other types of rules or rulings having the effect of the law. In performing work under this contract, the contractor shall comply with all other relevant federal, state and local statutes, ordinances, regulations, executive orders, agency rules or orders, court orders or any other rules or rulings having the effect of law. Contractor shall be liable for all cost incurred as a result of his failure to perform in accordance with the performance work statement; contract; and federal, state, and local environmental compliance regulations or any other types of rules or rulings having the effect of the law.

H-13 WORKING IN AN EXPLOSIVE SAFETY CLEAR ZONE

(a) You may be working in an explosive safety clear zone. This means there are U.S. military personnel working with explosives closer than normally recommended from your location.

(b) In the event of a catastrophic explosion you may be exposed to the possibility of injury or death. Your risks are very slight, however, AFMAN 91- 201 requires we inform you of the hazards associated with working near explosives.

(c) Use the following guidelines when working in explosive clear zones.

a. Stay clear of all explosive operations and explosives storage locations.

b. Smoking is allowed only in specially designated and posted "authorized smoking areas". Please ensure smoking is authorized before lighting up.

(1) Keep heat-producing devices at least 100 feet from all explosive locations.

(2) If you discover unexploded ordnance (UXO), immediately evacuate the area and call mobile # 457-0324. DO NOT USE CELL PHONES OR HAND HELD RADIOS UNTIL YOU ARE AT LEAST 100 FEET (35 METERS) AWAY! DO NOT DISTURB SUSPICIOUS ITEMS! MARK THEM AS BEST AS YOU CAN BEFORE EVACUATING! Most UXOs are metal and have a cylindrical or cigar shape.

H-14 GOVERNMENT SUPPLIED ITEMS

The contractor shall return all Government supplied items in the same condition they were received. The equipment being provided is incidental to the scope of the project and therefore should not be altered in anyway. If negligible, the contractor will be held liable for any damages or alteration that may occur to any equipment

Section I - Contract Clauses

Number Title Effective Date 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

Jun 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. May 2011 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

Nov 2021

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

Nov 2021

52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

Nov 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.210-1 Market Research. Nov 2021 52.211-13 Time Extensions. Sep 2000 52.215-2 Audit and Records-Negotiation. Jun 2020 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data. Aug 2011 52.215-12 Subcontractor Certified Cost or Pricing Data. Jun 2020 52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications. Jun 2020 52.215-15 Pension Adjustments and Asset Reversions. Oct 2010 52.215-19 Notification of Ownership Changes. Oct 1997

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications.

Nov 2021

52.215-23 Limitations on Pass-Through Charges. Jun 2020 52.222-12 Contract Termination-Debarment. May 2014 52.222-50 Combating Trafficking in Persons. Nov 2021 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.223-6 Drug-Free Workplace. May 2001

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.

Jun 2016

52.223-15 Energy Efficiency in Energy-Consuming Products. May 2020

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

Aug 2018

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.228-3 Workers' Compensation Insurance (Defense Base Act). Jul 2014 52.232-17 Interest. May 2014 52.232-18 Availability of Funds. Apr 1984 52.232-23 Assignment of Claims. May 2014 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.233-1 Disputes. May 2014 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.236-2 Differing Site Conditions. Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work. Apr 1984 52.236-5 Material and Workmanship. Apr 1984 52.236-6 Superintendence by the Contractor. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.236-8 Other Contracts. Apr 1984

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

Apr 1984

52.236-10 Operations and Storage Areas. Apr 1984 52.236-11 Use and Possession Prior to Completion. Apr 1984 52.236-12 Cleaning Up. Apr 1984 52.236-13 Accident Prevention. Nov 1991 52.236-15 Schedules for Construction Contracts. Apr 1984 52.236-17 Layout of Work. Apr 1984

52.236-21 Specifications and Drawings for Construction. Feb 1997 52.242-13 Bankruptcy. Jul 1995 52.242-14 Suspension of Work. Apr 1984 52.243-5 Changes and Changed Conditions. Apr 1984 52.245-1 Government Property. Sep 2021 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-10 Default (Fixed-Price Construction). Apr 1984 52.253-1 Computer Generated Forms. Jan 1991

DFARS Clauses Incorporated by Reference

Number Title Effective Date

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.

Dec 2008

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Dec 2019

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

May 2019

252.223-7004 Drug-Free Work Force. Sep 1988 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.225-7048 Export-Controlled Items. Jun 2013 252.227-7033 Rights in Shop Drawings. Apr 1966 252.233-7001 Choice of Law (Overseas). Jun 1997 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2012

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. Dec 1989

As prescribed in , insert the following clause:4.103

Approval of Contract (Dec 1989)

This contract is subject to the written approval of and shall not the designated Contracting Officer of the 386th Expeditionary Contracting Squadron be binding until so approved.

(End of clause)

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

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

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

The Contractor shall be required to (a) commence work under this contract within calendar days after the date the Contractor receives the notice to 15 proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 calendar days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 Liquidated Damages-Construction. Sep 2000

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

Liquidated Damages-Construction (Sept 2000)

If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the (a) Government in the amount of 287.44 KWD for the first calendar day and 253.54 KWD for each calendar day thereafter of delay until the work is completed or accepted.

If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These (b) liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.223-3 Hazardous Material Identification and Material Safety Data. Feb 2021

As prescribed in , insert the following clause:23.303

HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021)

"Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (a) (including revisions adopted during the term of the contract).

The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous (b) material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert )None Identification No.

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

The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the (d) requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.313, which renders incomplete or (e) inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or (f) liability for the safety of Government, Contractor, or subcontractor personnel or property.

Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, (g) ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

The Government's rights in data furnished under this contract with respect to hazardous material are as follows:(h)

To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-(1)

Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous (i) materials;

Obtain medical treatment for those affected by the material; and(ii)

Have others use, duplicate, and disclose the data for the Government for these purposes.(iii)

To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over (2) any other clause of this contract providing for rights in data.

The Government is not precluded from using similar or identical data acquired from other sources.(3)

(End of clause)

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

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

Payments under Fixed-Price Construction Contracts (May 2014)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

____ ( )Name

____ ( )Title

____ ( )Date

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

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

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

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

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

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

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

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

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

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

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

Completion and acceptance of all work;(1)

Presentation of a properly executed voucher; and(2)

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

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

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

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

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

(End of clause)

52.232-27 Prompt Payment for Construction Contracts. Jan 2017

As prescribed in , insert the following clause:32.908(b)

PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

Notwithstanding any other payment terms in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a)(3) concerning payments due on Saturdays, Sundays, and legal holidays.)

Invoice payments- (a) . For purposes of this clause, there are several types of invoice payments that may occur (1) Types of invoice payments under this contract, as follows:

Progress payments, if provided for elsewhere in this contract, based on Contracting Officer approval of the estimated amount and (i) value of work or services performed, including payments for reaching milestones in any project.

The due date for making such payments is 14 days after the designated billing office receives a proper payment request. If the (A) designated billing office fails to annotate the payment request with the actual date of receipt at the time of receipt, the payment due date is the 14 thday after the date of the Contractor’s payment request, provided the designated billing office receives a proper payment request and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

The due date for payment of any amounts retained by the Contracting Officer in accordance with the clause at 52.232-5, (B) Payments Under Fixed-Price Construction Contracts, is as specified in the contract or, if not specified, 30 days after approval by the Contracting Officer for release to the Contractor.

Final payments based on completion and acceptance of all work and presentation of release of all claims against the Government (ii) arising by virtue of the contract, and payments for partial deliveries that have been accepted by the Government ( each separate building, public e.g., work, or other division of the contract for which the price is stated separately in the contract).

The due date for making such payments is the later of the following two events:(A)

The 30 thday after the designated billing office receives a proper invoice from the Contractor.(1)

The 30 thday after Government acceptance of the work or services completed by the Contractor. For a final invoice when the (2) payment amount is subject to contract settlement actions ( release of claims), acceptance is deemed to occur on the effective date of the contract e.g., settlement.

If the designated billing office fails to annotate the invoice with the date of actual receipt at the time of receipt, the invoice (B) payment due date is the 30 thday after the date of the Contractor’s invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper (2) Contractor's invoice invoice must include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of this clause. If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt, with the reasons why it is not a proper invoice. When computing any interest penalty owed the Contractor, the Government will take into account if the Government notifies the Contractor of an improper invoice in an untimely manner.

Name and address of the Contractor.(i)

Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of mailing or transmission.)(ii)

Contract number or other authorization for work or services performed (including order number and line item number).(iii)

Description of work or services performed.(iv)

Delivery and payment terms ( discount for prompt payment terms).(v) e.g., Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice (vi) of assignment).

Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.(vii)

For payments described in paragraph (a)(1)(i) of this clause, substantiation of the amounts requested and certification in accordance (viii) with the requirements of the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts.

Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this (ix) contract.

Electronic funds transfer (EFT) banking information.(x)

The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.(A)

If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor (B) shall have submitted correct EFT banking information in accordance with the applicable solicitation provision ( 52.232-38, Submission of e.g., Electronic Funds Transfer Information with Offer), contract clause ( 52.232-33, Payment by Electronic Funds Transfer-System for Award e.g., Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

EFT banking information is not required if the Government waived the requirement to pay by EFT.(C)

Any other information or documentation required by the contract.(xi)

. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if (3) Interest penalty payment is not made by the due date and the conditions listed in paragraphs (a)(3)(i) through (a)(3)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty.

The designated billing office received a proper invoice.(i)

The Government processed a receiving report or other Government documentation authorizing payment and there was no (ii) disagreement over quantity, quality, Contractor compliance with any contract term or condition, or requested progress payment amount.

In the case of a final invoice for any balance of funds due the Contractor for work or services performed, the amount was not subject (iii) to further contract settlement actions between the Government and the Contractor.

. The Government will compute the interest penalty in accordance with the Office of Management and (4) Computing penalty amount Budget prompt payment regulations at .5 CFR Part 1315

For the sole purpose of computing an interest penalty that might be due the Contractor for payments described in paragraph (a)(1)(ii) (i) of this clause, Government acceptance or approval is deemed to occur constructively on the 7 thday after the Contractor has completed the work or services in accordance with the terms and conditions of the contract. If actual acceptance or approval occurs within the constructive acceptance or approval period, the Government will base the determination of an interest penalty on the actual date of acceptance or approval.