Solicitation Amendment - FA663320B00010002.pdf
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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
FA663320B00010002
Section A - Solicitation/Contract Form
Section B - Supplies or Services and Prices/Cost
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
QJKL 19-0007 FY20 Asphalt Striping Product Service Code: Z1BD Firm Fixed Price
1 Lot
QJKL 19-0007 FY20 Asphalt Repair Product Service Code: Z1BD Firm Fixed Price
1 Lot
Section C - Description/Specifications/Statement of Work
Requirements REQUIREMENT: The aircraft parking apron supports the eight C-130 PAA aircraft belonging to the 934th Airlift Wing, along with other transient aircraft visiting the installation. It is essential that the pavement surface be maintained in a satisfactory condition for safe operation of aircraft. Visible pavement markings are essential to ensure safe and efficient operations, and to enforce security of priority assets. PROJECT: Repair various pavement cracks and spalling areas. Re-paint all permanent aircraft parking apron pavementmarkings. Markings include taxi lead-in lines, aircraft nose spots, grounding points and guidelines, arcs of safety, AGE ready lines, and apron security markings (restricted area perimeters, warnings. etc.).
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 Reference
Number Title Effective Date 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property. 2012-04
0001 Inspection and Acceptance Location Both Destination Instructions: CE must provide final acceptance.
DoDAAC: F5G855 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
934 CE
AF BPN NO MILSBILLS PROCESSES
760 MILITARY HWY BLDG 744
MINNEAPOLIS, MN 55450
UNITED STATES
OfficeCode:
Daniel Wick Telephone: 612-713-1933 Email: daniel.wick.1@us.af.mil
0002 Inspection and Acceptance Location Both Destination Instructions: CE must provide final acceptance.
DoDAAC: F5G855 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
934 CE
AF BPN NO MILSBILLS PROCESSES
760 MILITARY HWY BLDG 744
MINNEAPOLIS, MN 55450
UNITED STATES
OfficeCode:
Daniel Wick Telephone: 612-713-1933 Email: daniel.wick.1@us.af.mil
Section F - Deliveries or Performance
Delivery Schedule Ship To Address
Delivery Schedule From date of lead time event to date of latest delivery 20 Calendar Days Date of Notice to Proceed Receipt
Ship To DoDAAC: F5G855 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
934 CE
AF BPN NO MILSBILLS PROCESSES
760 MILITARY HWY BLDG 744
MINNEAPOLIS, MN 55450
UNITED STATES
OfficeCode:
Daniel Wick Email: daniel.wick.1@us.af.mil Telephone: 612-713-1933
Delivery Schedule Ship To Address
Delivery Schedule From date of lead time event to date of latest delivery 20 Calendar Days Date of Notice to Proceed Receipt
Ship To DoDAAC: F5G855 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
934 CE
AF BPN NO MILSBILLS PROCESSES
760 MILITARY HWY BLDG 744
MINNEAPOLIS, MN 55450
UNITED STATES
OfficeCode:
Daniel Wick Telephone: 617-713-1933 Email: daniel.wick.1@us.af.mil
Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.204-7006 Billing Instructions. 2005-10 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.236-7000 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.
2in1
(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.
F5G855
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) 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 FA6633 Admin DoDAAC FA6633 Inspect By DoDAAC F5G855 Ship To Code F5G855 Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) ____ Service Acceptor (DoDAAC) F5G3LC Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____ (*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) 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 activity's WAWF point of contact.
Chin.Dahlquist.1@us.af.mil
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section H - Special Contract Requirements
Section I - Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.203-3 Gratuities. 1984-04
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.
2017-01
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. 2017-01 52.204-2 Security Requirements. 1996-08 52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 52.204-13 System for Award Management Maintenance. 2018-10 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
2018-07
52.207-1 Notice of Standard Competition. 2006-05 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items). 2020-06 52.214-29 Order of Precedence-Sealed Bidding. 1986-01 52.219-6 Deviation 2020-O0008 Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008) 2020-03 52.219-9 Small Business Subcontracting Plan. 2020-06 52.219-13 Notice of Set-Aside of Orders. 2020-03 52.222-3 Convict Labor. 2003-06 52.222-6 Construction Wage Rate Requirements. 2018-08 52.222-7 Withholding of Funds. 2014-05 52.222-8 Payrolls and Basic Records. 2018-08 52.222-9 Apprentices and Trainees. 2005-07 52.222-10 Compliance with Copeland Act Requirements. 1988-02 52.222-11 Subcontracts (Labor Standards). 2014-05 52.222-12 Contract Termination-Debarment. 2014-05 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. 2014-05 52.222-14 Disputes Concerning Labor Standards. 1988-02 52.222-15 Certification of Eligibility. 2014-05 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment. 2020-06 52.222-21 Prohibition of Segregated Facilities. 2015-04
52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method).
2018-08
52.222-50 Combating Trafficking in Persons. 2019-01 52.222-55 Minimum Wages Under Executive Order 13658. 2015-12 52.222-62 Paid Sick Leave Under Executive Order 13706. 2017-01
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
2013-09
52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 52.223-6 Drug-Free Workplace. 2001-05
52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.
2018-08
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2020-06 52.223-19 Compliance with Environmental Management Systems. 2011-05 52.223-21 Foams. 2016-06 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.227-1 Authorization and Consent. 2020-06 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. 2020-06 52.228-5 Insurance-Work on a Government Installation. 1997-01 52.228-11 Deviation 2020-O0016 Pledges of Assets (DEVIATION 2020-O0016) 2018-08 52.232-23 Assignment of Claims. 2014-05 52.232-27 Prompt Payment for Construction Contracts. 2017-01 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1 Disputes. 2014-05 52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.236-5 Material and Workmanship. 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 52.242-14 Suspension of Work. 1984-04 52.243-1 Alternate I Changes-Fixed-Price. - (Alternate I) 1987-08 52.243-5 Changes and Changed Conditions. 1984-04 52.245-1 Government Property. 2017-01 52.245-9 Use and Charges. 2012-04 52.246-21 Warranty of Construction. 1994-03
52.249-1 Alternate I Termination for Convenience of the Government (Fixed-Price) (Short Form). - (Alternate I)
1984-04
52.249-2 Alternate I Termination for Convenience of the Government (Fixed-Price). - (Alternate I) 2012-04 52.249-4 Termination for Convenience of the Government (Services) (Short Form). 1984-04
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.211-7007 Reporting of Government-Furnished Property. 2012-08 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7001 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. 2011-06 252.225-7048 Export-Controlled Items. 2013-06 252.232-7010 Levies on Contract Payments. 2006-12
252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration.
2020-04
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 2013-06 252.245-7002 Reporting Loss of Government Property. 2017-12 252.245-7003 Contractor Property Management System Administration. 2012-04 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. 2010-10
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 934th Contracting and shall not be binding until so approved.
(End of clause)
52.204-21 Basic Safeguarding of Covered Contractor Information Systems. 2016-06
As prescribed in , insert the following clause:4.1903
BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)
. As used in this clause-(a) Definitions means an information system that is owned or operated by a contractor that processes, stores, or Covered contractor information system transmits Federal contract information.
means information, not intended for public release, that is provided by or generated for the Government under Federal contract information a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.
means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including Information textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, Information system dissemination, or disposition of information (44 U.S.C. 3502).
means measures or controls that are prescribed to protect information systems.Safeguarding
Safeguarding requirements and procedures.(b)
The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information (1) systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other (i) information systems).
Limit information system access to the types of transactions and functions that authorized users are permitted to execute.(ii)
Verify and control/limit connections to and use of external information systems.(iii)
Control information posted or processed on publicly accessible information systems.(iv)
Identify information system users, processes acting on behalf of users, or devices.(v)
Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational (vi) information systems.
Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.(vii)
Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized (viii) individuals.
Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.(ix)
Monitor, control, and protect organizational communications ( ., information transmitted or received by organizational information (x) i.e systems) at the external boundaries and key internal boundaries of the information systems.
Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.(xi)
Identify, report, and correct information and information system flaws in a timely manner.(xii)
Provide protection from malicious code at appropriate locations within organizational information systems.(xiii)
Update malicious code protection mechanisms when new releases are available.(xiv)
Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, (xv) or executed.
This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal (2) Other requirements.
agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (c) Subcontracts.
(including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
2019-08
As prescribed in , insert the following clause:4.2105(b)
PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT (AUG 2019)
As used in this clause-(a) Definitions.
means The People's Republic of China.Covered foreign country means-Covered telecommunications equipment or services
Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such (1) entities);
For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other (2) national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
Telecommunications or video surveillance services provided by such entities or using such equipment; or(3)
Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in (4) consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
means-Critical technology
Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms (1) Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under (2) subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, (i) nuclear nonproliferation, or missile technology; or
For reasons relating to regional stability or surreptitious listening;(ii)
Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of (3) title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of (4) nuclear equipment and material);
Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title (5) 42 of such Code; or
Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. (6) 4817).
means any component necessary for the proper function or performance of a piece of equipment, system, or Substantial or essential component service.
Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) (b) Prohibition.
prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.
This clause does not prohibit contractors from providing-(c) Exceptions.
A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or(1)
Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such (2) equipment transmits or otherwise handles.
Reporting requirement. (d) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or (1) essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting
Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the
Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause(2)
Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; (i) supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about (ii) mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual (e) Subcontracts.
instruments, including subcontracts for the acquisition of commercial items.
(End of clause)
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation. 2015-11
As prescribed in , insert the following provision:9.108-5(a)
PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015)
. "Inverted domestic corporation" and "subsidiary" have the meaning given in the clause of this contract entitled Prohibition on (a) Definitions Contracting with Inverted Domestic Corporations (52.209-10).
Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted (b) domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
. The Offeror represents that-(c) Representation
It(1) is, is not an inverted domestic corporation; and
It(2) is, is not a subsidiary of an inverted domestic corporation.
(End of provision)
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02
As prescribed in , insert the following provision:9.104-7(d)
REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY
FEDERAL LAW (FEB 2016)
As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), (a) and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-
Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or (1) have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is (2) 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.
The Offeror represents that-(b)
It is(1) 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
It is(2) is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
52.211-10 Commencement, Prosecution, and Completion of Work. 1984-04
As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.
Commencement, Prosecution, and Completion of Work (Apr 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 20. The time stated for completion shall include final cleanup of the premises.
52.211-11 Liquidated Damages-Supplies, Services, or Research and Development. 2000-09
As prescribed in 11.503(a), insert the following clause in solicitations and contracts:
Liquidated Damages-Supplies, Services, or Research and Development (Sept 2000)
(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $164 per calendar day of delay.
(b) If the Government terminates this contract in whole or in part under the Default-Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default-Fixed-Price Supply and Service clause in this contract.
(End of clause)
52.211-12 Liquidated Damages-Construction. 2000-09
As prescribed in 11.503(b), insert the following clause in solicitations and contracts:
Liquidated Damages-Construction (Sept 2000)
(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $164 for each calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(End of clause)
52.219-14 Deviation 2020-O0008 Limitations on Subcontracting (DEVIATION 2020-O0008) 2020-03
<h3><strong>52.219-14 Limitations on Subcontracting (DEVIATION 2020-O0008).</strong></h3><p> Insert the following clause in solicitations and contracts for supplies, services, and construction, if any portion of the requirement is to be set aside for small business and the contract amount is expected to exceed the simplified acquisition threshold. This includes multiple-award contracts when orders may be set aside for small business concerns, as described in 8.405-5 and 16.505(b)(2)(i)(F), and when orders may be issued directly to a small business concern as described in 19.504(c)(1)(ii). For contracts that are set aside, the contracting officer shall indicate in paragraph (g) of the clause whether compliance with the limitations on subcontracting is required at the contract or order level:</p><p style="text-align:center;"
>Limitations on Subcontracting (MAR 2020) (DEVIATION 2020-O0008)</p><p> (a) This clause does not apply to the unrestricted portion of a partial set-aside.</p><p> (b) <em>Definition.</em> “
Similarly situated entity,” as used in this clause, means a first-tier subcontractor, including an independent contractor, that—< /p><p> (1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and</p><p> (2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.< /p><p> (c) <em>Applicability.</em> This clause applies only to—</p><p>
(1) Contracts that have been set aside for small business concerns or 8(a) participants;</p><p> (2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;</p><p>
(3) Contracts that have been awarded on a sole-source basis in accordance with subpart 19.8;</p><p>
(4) Orders set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F), if the order amount is expected to exceed the simplified acquisition threshold;</p><p>
(5) Orders competed among 8(a) participants in accordance with subpart 19.8 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F), regardless of dollar value;</p><p>
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference; and</p><p> (7) Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii).</p><p>
(d) <em>Independent contractors.</em> An independent contractor shall be considered a subcontractor.< /p><p> (e) <em>Limitations on subcontracting.</em> By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a NAICS code for—</p><p>
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. Other direct costs are excluded to the extent they are not the principal purpose of the contract and cannot be obtained from small business concerns;</p><p>
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;</p><p>
(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or</p><p>
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities.
Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 75 percent subcontract amount that cannot be exceeded.</p><p> (f) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.</p><p>
(g) The Contractor shall comply with the limitations on subcontracting as follows:</p><p>
(1) For contracts, in accordance with paragraphs (c)(1) and (2) of this clause—< /p><p> [<em>Contracting Officer check as appropriate.</em>]< /p><p><input type="checkbox" name="52.219-14_cb1" id="52.219-14_cb1"> By the end of the base term of the contract and then by the end of each subsequent option period; or</p><p><input type="checkbox" name="52.219-14_cb2" id="52.219-14_cb2"> By the end of the performance period for each order issued under the contract.</p><p> (2) For orders, in accordance with paragraphs (c)(3) and (4) of this clause, by the end of the performance period for the order.</p><p style="text-align:center;">(End of clause)</p>
52.219-28 Post-Award Small Business Program Rerepresentation. 2020-05
As prescribed in 19.309(c)(1), insert the following clause:
Post-Award Small Business Program Rerepresentation (May 2020)
(a) Definitions. As used in this clause-
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts-
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.
(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.
(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.
(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it is, is not a small business concern under NAICS Code 237310 assigned to contract number ____.
(2) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it is, is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it is, is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that-
(i) It is, is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:____.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern.[Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause. ] The Contractor represents that-
(i) It is, is…
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