About this file

This is a solicitation for a simplified acquisition of base engineering requirements contract for Wright-Patterson Air Force Base. The contract is set aside for 8(a) small businesses located in Ohio and those with a bona fide place of business in the state. The North American Industry Classification System code for this opportunity is 236220. The contractor will provide personnel, equipment, tools and other items and services necessary for maintenance, repair, alteration, restoration and new construction work on various real property facilities at Wright-Patterson Air Force Base. The contract has a maximum value of $115 million over five one-year ordering periods from December 2021 through December 2026, with an option to extend an additional six months.

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Other files attached to WPAFB Construction: Simplified Acquisition of Base Engineering Requirements (SABER), newest first.
File Type Posted
30011_Furniture Plan.pdf PDF
WPAFB_BFS_and_ Appendicies_Mar 2016.pdf PDF
Attachment 9 - SABER RFP Pricing Worksheet 2 Mar 2021.xlsx XLSX spreadsheet
SABER QA Log.docx DOCX document
SABER QA Log.docx DOCX document
For SEED - Replace HVAC and AHUA 2004.zip ZIP file
For SEED - Replace Water Lines 2006.zip ZIP file
For SEED - Building 11 Renovation 2006.zip ZIP file
For SEED - Repair HVAC Private Offices 2014.zip ZIP file
For SEED - New Electrical Updates - Basement 2005.zip ZIP file
SABER QA Log.docx DOCX document
SABER QA Log.docx DOCX document
SABER QA Log.docx DOCX document
SABER SEED Visit - RFI Log.docx DOCX document
SABER QA Log.docx DOCX document
Attachment 4 - SEED Drawing.pdf PDF
Solicitation - FA860121R0015.pdf PDF
Attachment 1 - Solication Cross Reference Matrix 22Jan21 final.docx DOCX document
Attachment 6 - Wage Determination - Montgomery.pdf PDF
Attachment 2 Final 2021 BASIC SOW 8 Feb 2021.docx DOCX document
Attachment 9 - SABER RFP Pricing Worksheet 8 Feb 21.xlsx XLSX spreadsheet
Attachment 3 - SEED SOO.docx DOCX document
Attachment 5 - Wage Determination - Greene.pdf 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

FA860121R0015

Section A - Solicitation/Contract Form

Section B - Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

IDIQ (SABER) - Ordering Period 1 Ordering Period: 13 Dec 21 - 12 Dec 22 The Contractor shall furnish all personnel, equipment, tools, materials, supervision, and other items and services necessary to design, manage, and accomplish a broad range of maintenance, repair, alteration, restoration, and/or new construction work on various real property facilities at WPAFB. Type of work the contractor can expect (not all inclusive): New construction of buildings and structures, alteration and repair of buildings, structures, roads, grounds, roofs, specialty construction, utilities including JP-8 fuel systems, and miscellaneous services including hazardous waste removal. All work is to be accomplished in accordance with the terms and conditions of the contract and the attachments listed in Section J.

The total value of orders placed during the ordering period covered by this CLIN shall comply with the constraints of the order limitations shown in FAR 52.216-19 and shall not exceed the overall contract maximum of $115 Million.

FOB: Destination

SIGNAL CODDE: A

Product Service Code: Y1AA Firm Fixed Price

1 Project

IDIQ (SABER) - Ordering Period 2 Ordering Period: 13 Dec 22 - 12 Dec 23 The Contractor shall furnish all personnel, equipment, tools, materials, supervision, and other items and services necessary to design, manage, and accomplish a broad range of maintenance, repair, alteration, restoration, and/or new construction work on various real property facilities at WPAFB. Type of work the contractor can expect (not all inclusive): New construction of buildings and structures, alteration and repair of buildings, structures, roads, grounds, roofs, specialty construction, utilities including JP-8 fuel systems, and miscellaneous services including hazardous waste removal. All work is to be accomplished in accordance with the terms and conditions of the contract and the attachments listed in Section J.

The total value of orders placed during the ordering period covered by this CLIN shall comply with the constraints of the order limitations shown in FAR 52.216-19 and shall not exceed the overall contract

1 Project maximum of $115 Million.

FOB: Destination

SIGNAL CODDE: A

Firm Fixed Price

IDIQ (SABER) - Ordering Period 3 Ordering Period: 13 Dec 23 - 12 Dec 24 The Contractor shall furnish all personnel, equipment, tools, materials, supervision, and other items and services necessary to design, manage, and accomplish a broad range of maintenance, repair, alteration, restoration, and/or new construction work on various real property facilities at WPAFB. Type of work the contractor can expect (not all inclusive): New construction of buildings and structures, alteration and repair of buildings, structures, roads, grounds, roofs, specialty construction, utilities including JP-8 fuel systems, and miscellaneous services including hazardous waste removal. All work is to be accomplished in accordance with the terms and conditions of the contract and the attachments listed in Section J.

The total value of orders placed during the ordering period covered by this CLIN shall comply with the constraints of the order limitations shown in FAR 52.216-19 and shall not exceed the overall contract maximum of $115 Million.

FOB: Destination

SIGNAL CODDE: A

Firm Fixed Price

1 Project

IDIQ (SABER) - Ordering Period 4 Ordering Period: 13 Dec 24 - 12 Dec 25 The Contractor shall furnish all personnel, equipment, tools, materials, supervision, and other items and services necessary to design, manage, and accomplish a broad range of maintenance, repair, alteration, restoration, and/or new construction work on various real property facilities at WPAFB. Type of work the contractor can expect (not all inclusive): New construction of buildings and structures, alteration and repair of buildings, structures, roads, grounds, roofs, specialty construction, utilities including JP-8 fuel systems, and miscellaneous services including hazardous waste removal. All work is to be accomplished in accordance with the terms and conditions of the contract and the attachments listed in Section J.

The total value of orders placed during the ordering period covered by this CLIN shall comply with the constraints of the order limitations shown in FAR 52.216-19 and shall not exceed the overall contract maximum of $115 Million.

FOB: Destination

SIGNAL CODDE: A

Firm Fixed Price

IDIQ (SABER) - Ordering Period 5 Ordering Period: 13 Dec 25 - 12 Dec 26 The Contractor shall furnish all personnel, equipment, tools, materials, supervision, and other items and services necessary to design, manage, and accomplish a broad range of maintenance, repair, alteration, restoration, and/or new construction work on various real property facilities at WPAFB. Type of work the contractor can expect (not all inclusive): New construction of buildings and structures, alteration and repair of buildings, structures, roads, grounds, roofs, specialty construction, utilities including JP-8 fuel systems, and miscellaneous services including hazardous waste removal. All work is to be accomplished in accordance with the terms and conditions of the contract and the attachments listed in Section J.

The total value of orders placed during the ordering period covered by this CLIN shall comply with the constraints of the order limitations shown in FAR 52.216-19 and shall not exceed the overall contract maximum of $115 Million.

FOB: Destination

SIGNAL CODDE: A

Firm Fixed Price

1 Project

Option Line Item

OPTION

IDIQ (SABER) - 6 Month Option to Extend Services Option Period: 13 Dec 2026 - 12 June 2027 The Contractor shall furnish all personnel, equipment, tools, materials, supervision, and other items and services necessary to design, manage, and accomplish a broad range of maintenance, repair, alteration, restoration, and/or new construction work on various real property facilities at WPAFB. Type of work the contractor can expect (not all inclusive): New construction of buildings and structures, alteration and repair of buildings, structures, roads, grounds, roofs, specialty construction, utilities including JP-8 fuel systems, and miscellaneous services including hazardous waste removal. All work is to be accomplished in accordance with the terms and conditions of the contract and the attachments listed in Section J.

The total value of orders placed during the ordering period covered by this CLIN shall comply with the constraints of the order limitations shown in FAR 52.216-19 and shall not exceed the overall contract maximum. The contract maximum will increase from $115M to $127.2M at the time this option is exercised, if the option is ever exercised. Until such time, the contract maximum remains $115M.

FOB: Destination

SIGNAL CODDE: A

Firm Fixed Price

Section C - Description/Specifications/Statement of Work

Descriptions and Specification:

All drawings, specifications, and addenda (if applicable) are included as attachments to this document as indicated in Section J, List of Attachments.

Requirements Simplified Acquisition of Base Engineer Requirements FY 21 Source Selection

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 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements. 1996-08

Section F - Deliveries or Performance

Delivery Schedule

Period of Performance From

13 DEC 2021

To

12 DEC 2022

Delivery Schedule

Period of Performance From

13 DEC 2022

To

12 DEC 2023

Delivery Schedule

Period of Performance From

13 DEC 2023

To

12 DEC 2024

Delivery Schedule

Period of Performance From

13 DEC 2024

To

12 DEC 2025

Delivery Schedule

Period of Performance From

13 DEC 2025

To

12 DEC 2026

Option Line Item 0006 Delivery Schedule

Period of Performance From

13 DEC 2026

To

12 JUN 2027

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.211-18 Variation in Estimated Quantity. 1984-04 52.242-17 Government Delay of Work. 1984-04 52.247-34 F.o.b. Destination. 1991-11

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12 252.204-7006 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) As used in this clause— Definitions.

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

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

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

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

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

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

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

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

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

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

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

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

Protocol.

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

in WAWF for this contract or task or delivery order:

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

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

(ii) For fixed price line items—

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

TBD on each individual task order

(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.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

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

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

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

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

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

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

WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC TBD on each individual task order

Issue By DoDAAC TBD on each individual task order

Admin DoDAAC TBD on each individual task order

Inspect By DoDAAC TBD on each individual task order

Ship To Code TBD on each individual task order

Ship From Code TBD on each individual task order

Mark For Code TBD on each individual task order

Service Approver (DoDAAC) TBD on each individual task order

Service Acceptor (DoDAAC) TBD on each individual task order

Accept at Other DoDAAC TBD on each individual task order

LPO DoDAAC TBD on each individual task order

DCAA Auditor DoDAAC TBD on each individual task order

Other DoDAAC(s) TBD on each individual task order

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

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

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

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

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

(g) WAWF point of contact.

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

(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 52.202-1 Definitions. 2020-06 52.203-3 Gratuities. 1984-04 52.203-5 Covenant Against Contingent Fees. 2014-05 52.203-6 Restrictions on Subcontractor Sales to the Government. 2020-06 52.203-7 Anti-Kickback Procedures. 2020-06 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. 2014-05 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. 2014-05 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2020-06 52.203-13 Contractor Code of Business Ethics and Conduct. 2020-06

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 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05 52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2020-06 52.204-13 System for Award Management Maintenance. 2018-10 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08

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

2018-07

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

2020-06

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. 2018-10 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.210-1 Market Research. 2020-06 52.211-13 Time Extensions. 2000-09 52.215-2 Audit and Records-Negotiation. 2020-06 52.215-8 Order of Precedence-Uniform Contract Format. 1997-10 52.219-6 Deviation 2020-O0008 Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008) (Revision 2) 2020-03 52.219-8 Utilization of Small Business Concerns. 2018-10 52.219-14 Deviation 2020-O0008 Limitations on Subcontracting (DEVIATION 2020-O0008) 2020-03 52.222-3 Convict Labor. 2003-06 52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation. 2018-05 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 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.222-27 Affirmative Action Compliance Requirements for Construction. 2015-04

52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method).

2018-08

52.222-37 Employment Reports on Veterans. 2020-06 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. 2010-12 52.222-50 Combating Trafficking in Persons. 2020-10 52.222-54 Employment Eligibility Verification. 2015-10 52.222-55 Minimum Wages Under Executive Order 13658. 2020-11 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 52.223-5 Alternate II Pollution Prevention and Right-to-Know Information. - (Alternate II) 2011-05 52.223-6 Drug-Free Workplace. 2001-05

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

2016-06

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 52.223-20 Aerosols. 2016-06 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 52.228-2 Additional Bond Security. 1997-10 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 52.228-12 Prospective Subcontractor Requests for Bonds. 2014-05 52.228-15 Performance and Payment Bonds-Construction. 2020-06 52.229-3 Federal, State, and Local Taxes. 2013-02 52.232-17 Interest. 2014-05 52.232-18 Availability of Funds. 1984-04 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 52.232-37 Multiple Payment Arrangements. 1999-05 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1 Disputes. 2014-05 52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.236-2 Differing Site Conditions. 1984-04 52.236-3 Site Investigation and Conditions Affecting the Work. 1984-04 52.236-5 Material and Workmanship. 1984-04 52.236-6 Superintendence by the Contractor. 1984-04 52.236-7 Permits and Responsibilities. 1991-11 52.236-8 Other Contracts. 1984-04

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

1984-04

52.236-10 Operations and Storage Areas. 1984-04 52.236-11 Use and Possession Prior to Completion. 1984-04 52.236-12 Cleaning Up. 1984-04 52.236-13 Accident Prevention. 1991-11 52.236-14 Availability and Use of Utility Services. 1984-04 52.236-15 Schedules for Construction Contracts. 1984-04 52.236-17 Layout of Work. 1984-04 52.236-21 Specifications and Drawings for Construction. 1997-02 52.236-26 Preconstruction Conference. 1995-02 52.242-13 Bankruptcy. 1995-07 52.242-14 Suspension of Work. 1984-04 52.243-4 Changes. 2007-06 52.244-6 Subcontracts for Commercial Items. 2020-11 52.246-21 Warranty of Construction. 1994-03 52.249-2 Alternate I Termination for Convenience of the Government (Fixed-Price). - (Alternate I) 2012-04

52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements).

2012-04

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

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09

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

2008-12

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09

252.203-7003 Agency Office of the Inspector General. As prescribed in 203.1004(a), use the following clause:

2019-08

252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05

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

2020-11

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. 2020-11 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12

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

2019-05

252.219-7010 Notification of Competition Limited to Eligible 8(a) Participants-Partnership Agreement.

2019-10

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2010-12 252.223-7004 Drug-Free Work Force. 1988-09 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7048 Export-Controlled Items. 2013-06 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten. 2020-10

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

2019-04

252.227-7033 Rights in Shop Drawings. 1966-04 252.232-7004 Deviation 2020- O0010

DoD Progress Payment Rates (DEVIATION 2020-O0010) 2014-10

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

252.236-7005 Airfield Safety Precautions. 1991-12 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items. 2020-10 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. 2010-10 252.246-7008 Sources of Electronic Parts. 2018-05

FAR Clauses Incorporated by Full Text

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

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

INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

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

(End of clause)

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

2020-08

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

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2020)

As used in this clause—(a) Definitions.

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

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

Ethernet).

means The People’s Republic of China.Covered foreign country means–Covered telecommunications equipment or services

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

For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other (2) national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

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

Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in (4) consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

means–Critical technology

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

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

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

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

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

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

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

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

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

company B) or sharing data and other information resources.

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

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

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

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

. (b) Prohibition (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

Reporting requirement. (d) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or (1) essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting

Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the

Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; (i) supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about (ii) mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

The Contractor shall insert the substance of this clause, including in all (e) Subcontracts. this paragraph (e) and excluding paragraph (b)(2), subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.209-13 Violation of Arms Control Treaties or Agreements-Certification. 2020-07

As prescribed in , insert the following provision:9.109-5

VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-CERTIFICATION (JUL 2020)

This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at (a)

FAR 2.101.

. [ ](b) Certification Offeror shall check either (1) or (2).

The Offeror certifies that– ____ (1)

It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of (i) State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the Internet at https://www.state.gov/bureaus-andoffices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/;

No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the (ii) President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the Internet at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-orverification-and-compliance/;

The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision. ____ (2)

Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this (c) section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to (1) identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not (2) each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

An inability to certify compliance.(i)

An inability to conclude compliance.(ii)

A statement about compliance concerns.(iii)

If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or (3) is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the (4) Department of State will respond to such email inquiries within 3 business days.

Do not submit an offer unless—(d)

A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or(1)

In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United (2) States has

Waived application under 22 U.S.C. 2593e(d) or (e); or(i)

Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C. (ii) 2593e(b).

. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when (e) Remedies making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

(End of provision)

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

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 [Contracting Officer insert number] calendar days after 10 (ten) the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than

.* The time stated for completion shall include final cleanup of the premises.TBD on each individual task order

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

(End of clause)

52.211-12 Liquidated Damages-Construction. 2000-09

As prescribed in , 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 [Contracting Officer insert amount] for each calendar day of delay until the work is TBD on each individual task order completed or accepted.

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

52.216-18 Ordering. 2020-08

As prescribed in , insert the following clause:16.506(a)

ORDERING (AUG 2020)

Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the (a) individuals or activities designated in the Schedule. Such orders may be issued from through [insert dates].13 Dec 2021 12 Dec 2026

All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or (b) task order and this contract, the contract shall control.

(c) A delivery order or task order is considered “issued” when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 Order Limitations. 1995-10

As prescribed in , insert a clause substantially the same as follows:16.506(b)

ORDER LIMITATIONS (OCT 1995)

. When the Government requires supplies or services covered by this contract in an amount of less than [insert dollar (a) Minimum order $2,000 figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

. The Contractor is not obligated to honor-(b) Maximum order

Any order for a single item in excess of [insert dollar figure or quantity];(1) $5,000,000

Any order for a combination of items in excess of [insert dollar figure or quantity]; or(2) $5,000,000

A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in (3) 2 (two) paragraph (b)(1) or (2) of this section.

If this is a requirements contract ( includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (c) i.e., (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in (d) paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the 10 (ten) Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. 1995-10

As prescribed in , insert the following clause:16.506(e)

INDEFINITE QUANTITY (OCT 1995)

This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The (a) quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall (b) furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that (c) may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor (d) within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; , that the Contractor shall not be required to make any provided deliveries under this contract after [insert date].TBD on each individual Task Order

(End of clause)

52.217-8 Option to Extend Services. 1999-11

As prescribed in , insert a clause substantially the same as the following:17.208(f)

OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within [insert the period of time within which the Contracting Officer may exercise the 60 days before end of period of performance option].

(End of clause)

52.219-28 Post-Award Small Business Program Rerepresentation. 2020-11

As prescribed in 19.309(c)(1), insert the following clause:

Post-Award Small Business Program Rerepresentation (Nov 2020)

(a) Definitions. As used in this clause—

Long-term…

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