Final RFQ 19BX6025Q0011-A00001 - Construction oversight services for New Maintenance Facilities.pdf

TABLE OF CONTENTS

SF-18 COVER SHEET

A. PRICING

B. STATEMENT OF WORK

C. PACKAGING AND MARKING

D. INSPECTION AND ACCEPTANCE

E. DELIVERIES AND PERFORMANCE

F. CONTRACT ADMINISTRATION DATA

G. SPECIAL TERMS AND CONDITIONS

H. CLAUSES

I. LIST OF ATTACHMENTS

J. INSTRUCTIONS ON HOW TO SUBMIT A QUOTATION

K. EVALUATION CRITERIA

L. REPRESENTATIONS CERTIFICATIONS AND OTHER

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SECTION A – PRICING

A.1.0 GENERAL

The Contractor shall perform construction inspection services for a U.S.

Government construction project at the U.S. Embassy Bandar Seri Begawan. This is (1) a Firm, Fixed-Price contract type for submittals reviews, identified in Exhibit A and (2) a Time-and-Materials contract with fixed, fully loaded hourly rates for all other effort, using the labor categories set forth below. The hourly rates stated in the contract shall include all direct and indirect costs, insurance, overhead, general and administrative expenses, and profit.

A.2.0 PRICING

A.2.1 LABOR-HOUR RATES

All work performed under this contract, with the exception of Submittals reviews, shall be invoiced and paid on a Time-and-Materials basis. The following labor hour rates, set forth in Brunei Dollars (BND) shall apply.

The hourly rates are fully loaded rates, including:

• all direct and indirect labor costs (including, but not limited to any premiums relating to overtime and holidays), except for separately priced Review of Submittals;

• all direct and indirect material costs (except for separately priced Review of Submittals);

• insurance;

• all overhead and indirect costs, including general and administrative expenses (G&A); and

• profit.

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Labor Hour Rates for All Services other than Review of Submittals

Clin Labor Category Hourly Rate in B$

Total Estimated Hours

Total Estimated Amount in B$

001 Civil Engineer 960 002 Senior Architect 192 003 Junior Architect 192 004 Electrical Engineer 192 005 Mechanical

Engineer

006 Structural Engineer 192 007 Plumbing Engineer 192

008 Cost Engineer 36

TOTAL ESTIMATED AMOUNT: BND ____________________

The Contractor shall notify the Contracting Officer in writing 60 days before the Contractor expects the total costs incurred to exceed 75% of any ceiling price/not to exceed amount listed above.

A.2.2 FIRM, FIXED-PRICE FOR REVIEW OF SUBMITTALS IDENTIFIED

IN EXHIBIT A

The Firm-Fixed Price for Review of All Submittals Listed in Exhibit A is BND:

A.3.0 COST SUMMARY

Estimated Labor (A.2.1):

Submittals Review (Firm-fixed price):

Total Estimated Amount:

A.4.0 ESTIMATED MAGNITUDE OF SERVICES

The estimated magnitude of this requirement for construction oversight services is between BND150,000.00 to BND220,000.00. This estimate is provided as a guide only and does not constitute a commitment or guarantee of the final cost of performance.

Offerors are expected to prepare their quotations based on their own evaluation of the requirements set forth in this solicitation.

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SECTION B - STATEMENT OF WORK

RFQ NO: 19BX6025Q0011

A&E CONSTRUCTION INSPECTION SERVICES FOR

CONSTRUCTION OF NEW MAINTENANCE FACILITIES PROJECT

B.1.0 GENERAL

B.1.1 DEFINITIONS

- A/E of Record means A/E who designed the construction drawings and specifications

- Government (U.S. Government)

- Day means calendar day unless otherwise specifically indicated

- FAR means Federal Acquisition Regulation

- Contracting Officer Representative (COR) means a person appointed by the

Contracting Officer who is authorized to perform the duties outlined in this contract.

- Contractor means the A/E performing this contract

- Construction contractor means the general construction contractor performing the construction contract

B.1.2 SCOPE OF WORK

This scope of work covers construction inspection support services on an as-needed basis to U.S. Embassy, Bandar Seri Begawan, related to the administration of the construction contract for the Construction of New Maintenance Facilities Project. The Contracting Officer’s Representative (COR) for this construction inspection services contract will be the LE Facility Manager. The construction inspection services contractor shall provide support services for the following categories (see succeeding paragraphs for more details for each category listed below):

- Review of construction submittals initiated by the Contractor as outlined in Exhibit A.

- Answering Requests for Information (RFI’s) initiated by the construction contractor and/or the COR.

- Site visits as required to review construction issues, samples and mock-ups or to provide other construction related services.

- Inspection Activities

- Other Miscellaneous Directly-Related Services, including daily weather reports

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B.2.0 SUBMITTALS

B.2.1 SERVICES

SERVICES SHALL INCLUDE:

- The technical review and handling of construction contractor-prepared submittals, as listed in Exhibit A, for conformance with the final approved construction documents and RFI’s. The term “submittals” includes shop drawings, product data, materials, equipment, samples, wiring diagrams, factory test data, mockups, test reports and inspection reports for conformance with the approved contract documents. The Contractor shall provide a recommendation in writing, to approve or reject, for each submittal reviewed. The Contractor shall provide this recommendation to the COR and at the same time, return the submittal with any necessary comments.

- As part of the submittals review, the Contractor provide to the COR recommendations regarding whether the submittals indicate that all facilities will be constructed by the construction contractor with materials, finishes, fixtures, fixtures, equipment, and systems that provide operational dependability. The Contractor shall provide recommendations to the COR to assist the COR in assuring that these facilities are easy to maintain or replaced with those most readily available supplies and services subject to procurement practices of the Federal Acquisition Regulations. Emphasis must be placed on the uniformity of parts and components to maximize interchangeability.

- Review the construction schedule and any revisions provided by the COR to the

Contractor. Also review quality control/quality assurance plan. The Contractor shall not accept any documentation directly from the construction contractor.

Recommend to the COR viable alternatives if the construction contractor’s performance falls behind the approved schedule.

- Evaluate the construction contractor’s proposed testing laboratories and test procedures and providing recommendations to the COR for approval.

B.2.2 ORDERING

All submittals will be reviewed by the COR for sufficiency of content only, before forwarding to the Contractor. The COR will then forward the submittals to the Contractor, following the procedures outlined in B.2.3 below.

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B.2.3 DELIVERY METHOD

The COR will send the submittals to the Contractor via e-mail or hand-delivered unless otherwise restricted by size, weight, or time limitation. The COR will include a transmittal letter with each submittal. Unless otherwise directed, the Contractor shall return submittals to the COR by commercial delivery service or hand delivered.

B.2.4 REVIEW PERIOD

Time is of the essence. Therefore, unless otherwise directed in writing, the Contractor review shall be completed and the submittals returned to the COR within seven

(7) calendar days from the date of receipt by the Contractor. If additional review of a submittal is required because the Contractor did not perform acceptably initially, the Contractor shall complete the second review within the time specified by the COR at the time that submittal is returned by the COR to the Contractor.

B.2.5 PAYMENT

The Government shall make payment in accordance with A.3.0, after completion of review of all submittals listed in Exhibit A.

B.3.0 LABOR-HOUR SERVICES

B.3.1 REQUESTS FOR INFORMATION (RFI)

SERVICES SHALL INCLUDE:

- Review and processing of Requests For Information (RFI’s). These are not the resolution of errors and omissions associated with the contract drawings and specifications, but may include request for substitutions, clarifications, etc.

RFI’s may include schematics, descriptive literature, performance and test data, and similar material furnished by the construction contractor.

- Preparation of sketches and drawings that may be necessary to clarify portions of the work. COR will coordinate the review of these sketches and drawings with the A/E of record.

Review Period: Time is of the essence. Therefore, unless otherwise directed, the

Contractor shall complete the review of RFI’s not later than 5 calendar days after receipt of the item to be reviewed.

B.3.2 SITE VISITS

Services shall include site visits to the construction sites. These on-site visits may include submittal and sample reviews or other construction-related services. The Contractor shall provide a site visit report to the COR by the next regular business day

P a g e | 8 of 54 after the conclusion of each visit. Each report shall be delivered to the address listed in E.2.0. See also paragraph below, that includes certain activities which require on-site services relating to inspection.

B.3.3. INSPECTION ACTIVITIES

B.3.3.1 General

Services shall include site visits to the construction sites, though some of the work may be performed off-site, as noted below. Each report/all documentation shall be delivered to the address listed in E.2.0.

B.3.3.2 Contractor Liability

The Contractor shall not interact with the construction contractor or the A/E of record. The Contractor shall limit all interaction regarding services provided under this contract, to interaction with the Contracting Officer, COR, or designee. The Contractor shall ensure that it does not represent itself as an agent of the Government. Furthermore, the Contractor shall take all precautions to ensure that its actions do not result in the construction contractor or the A/E of record taking their own action. Should the construction contractor or A/E of record later claim that they took action based on something the Contractor did or communicated, the Contractor will be liable for any increased costs or delays incurred by the construction contractor or A/E of record.

B.3.3.3 These on-site visits may include the following:

- Inspection of construction activities to ascertain that the work is performed according to sound engineering principles and practices and meets all applicable standards. Each day this type of service is provided, the Contractor shall submit a written report to the COR by close of business (COB) the next regular business day. The format to be followed is set forth in Exhibit B.

- Documentation and description of differing site conditions, dates of discovery, potential impact on the project schedule and costs. This documentation shall be part of the inspection report, as the situation requires.

- Review of surveys, alignments, and elevations during construction to assure conformance with the drawings and specifications.

- Review of construction contractor compliance with the quality level expected for the project. Before any review, the Contractor shall develop procedures for analyzing the quality of work performed. The

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Contractor shall develop these procedures at the Contractor’s facility and submit them within 14 calendar days of contract award.

- Review of the adequacy and acceptability of the engineering aspects of the construction work through field inspections, review of construction reports, and meeting with COR.

- Verification that testing and inspection of the construction contractor’s work are accomplished consistent with industry quality standards.

- Review of safety standards at the site. Perform weekly safety inspections with the Post Safety Officer and COR. The COR has the authority to direct the construction contractor to correct safety violations.

B.3.4 MISCELLANEOUS DIRECTLY-RELATED SERVICES

Services shall include miscellaneous related services most of which are to be provided on an as-needed basis. One service that must be provided throughout the term of this contract are accurate daily weather reports, to be provided weekly.

The Contractor shall provide the following miscellaneous related on an as-needed basis.

- Review the construction contractor’s progress payments submittals for accuracy and acceptability. Following receipt of the construction contractor's request for payment from the COR, and on the basis of an inspection of the work, the Contactor shall perform a review of the progress payment and make a written recommendation to the COR as to the amount which is then due. If, the Contractor recommends less that the full amount, the Contractor shall provide the reasons for the lesser payment.

- Inspection and verification that all material and equipment delivered on site and used for the project meet the contract requirements.

- Provide a statement of work and cost estimate to the COR if modifications or changes are required to the construction contract. Review of the construction contractor’s proposals and provide written comments to the COR as to their accuracy and advisability. The Contractor shall evaluate and recommend the cost of alternative proposals and substitutions.

- Provide assistance to the COR in preparation of a punch list and verification of punch list items being corrected, and recommend issuance of the substantial completion and final completion certificates for the construction.

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- Establish the methods and procedures to minimize the potential for claims and or the impact of claims against the U.S. Government with minimal disruption to the ongoing construction efforts. The Contractor shall immediately inform the COR of any occurrence whereby the U.S. Government may be found liable for the possible claims by the action or inaction of the construction contractor or the

USG.

- Provide back up information and assist the COR in a background role, to resolve any potential claim, or dispute by the construction contractor.

B.3.5 ORDERING

The COR will order the services listed on B.3. in writing. The Government will not pay for work performed by the Contractor if the work was not ordered in writing by the COR. The order will include the list of documents to be reviewed, or other work activities required on that visit and a proposed time period for the visit. The Contractor proposed dates for the visit must be approved by the COR prior to the visit.

The Contractor shall follow the schedule of inspection as defined in B.3.3. above and set forth as Exhibit C. The COR will order any additional visits in writing. The order will detail the services to be provided, or other work activities required on that visit and a proposed time period for the visit. The Contractor-proposed dates for the visit must be approved by the COR prior to the visit.

B.3.6. PAYMENT

The Contractor will be paid at the established (fully burdened) hourly rates identified in A.2.1. for all RFI’s, onsite inspections and report preparation associated with the contract drawings or specifications.

Invoicing shall be based on the actual time expended by individuals at the hourly rates specified in A.2.1. The Contractor shall submit certified timecards with each invoice.

B.4.0 REPORTS

B.4.1 FORMAT

Except for the reports whose format is set forth in Exhibit B, all other reports shall be prepared in a consistent format agreed upon with the COR.

B.4.2 REQUIRED REPORTS

• An accurate daily record of weather conditions -weekly, every Tuesday

• Submittal reviews – 7 calendar days

• RFIs – 5 calendar days

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• Construction meetings with COR. -weekly, Tuesday morning at 8:00am

• Reports of inspections- close of business (COB) the next regular business day

• A log of site correspondence -Monthly report, last Tuesday of each month

• Overall assessment of construction progress (work started, completed, and on-going). – Bi-weekly report

• Documentation of all Change Orders, minor work changes, construction change directives, and non-conforming or rejected work.- weekly, Tuesday

• Detailed deficiency reports specifying location, cause, system/component impact, and recommended corrective actions.- weekly, Tuesday

• Digital photographs (minimum 3.0 MP resolution) indexed and referenced by location and orientation on floor/site plans. – Monthly report, last Tuesday of each month

B.4.3 ADDRESS

All reports shall be delivered to the address and individual listed in E.2.0.

B.5. CONTRACTING OFFICER’S REPRESENTATIVE

The Contractor shall direct all communication regarding this contract, to the COR or the Contracting Officer. Communication from other Government representatives, the construction contractor, subcontractor and supplies is prohibited. Actions taken by the Contractor as a result of direction from other than the COR or the Contracting Officer are at his own risk. The Government will not pay for work performed by the Contractor if the work was not ordered in writing by the COR, or the Contracting Officer. The Contractor shall not directly communicate with the construction contractor’s representative. See also F.1.0.

B.6. QUALITY ASSURANCE/QUALITY CONTROL (QA/QC)

The Contractor shall carefully review and coordinate submittals with drawings and specifications, and other project documents. The Contractor shall have a quality control program in effect, which will require his employees and consultants to thoroughly review and coordinate all project data. The letter of transmittal, outlining Contractor recommendations, shall certify that all documents have been reviewed and coordinated.

The certification shall be signed by a principal of the Contractor’s firm. The Contracting Officer's Representative (COR) will review and approve the Quality Assurance/Quality Control (QA/QC) program proposed by the Contractor. This program shall indicate the method of controlling the quality of all work produced by the Contractor and consultants.

Refer to FAR Clause 52.236-23, "Responsibility of the Architect/Engineer Contractor".

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SECTION C - PACKAGING AND MARKING

C.1 PACKAGING AND MARKING (RESERVED)

C.2 PREPARATION OF DELIVERABLE ITEMS

Deliverable items other than letter reports shall be three-hole punched and bound with screw-type binders and rubber bands.

C.3 SHIPPING (RESERVED)

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SECTION D - INSPECTION AND ACCEPTANCE

D.1. INSPECTION

The Contractor shall maintain a system of quality assurance and quality control to ensure that all documentation of the design meet the requirements of this contract. The Government reserves the right to inspect the Contractor's work as well as its system of Quality Assurances and Quality Control (QA/QC).

[The offeror shall complete the blanks in the paragraph below.]

The Contractor's key individual responsible for quality of design/review of submittals is . The Contractor's key individual responsible for quality of documentation is . If a key individual (see D.3 below) needs to be replaced during performance of this contract the Contractor shall submit a resume for a replacement to the COR for approval.

D.2. ACCEPTANCE

The COR shall accept deliverable items. Acceptance or use of documents developed under this contract shall not relieve the Contractor of responsibility of his work, including any design work.

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SECTION E - DELIVERIES AND PERFORMANCE

E.1. PERIOD OF PERFORMANCE

The Contractor shall provide the construction inspection services outlined in Section B commencing no later than September 30, 2025, and concluding at the end of the construction project, currently scheduled for September 30, 2026.

E.2. DELIVERABLES

The Contractor shall submit all deliverables to the COR at the following address:

U.S. EMBASSY

SIMPANG 336-52-16-9

JALAN DUTA

BANDAR SERI BEGAWAN BC4115

BRUNEI DARUSSALAM.

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SECTION F - CONTRACT ADMINISTRATION DATA

F.1.0. 652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

(AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR for this contract is LE Facility Manager.

F.1.1. DUTIES

The COR may provide technical advice, substantive guidance, inspections, invoice approval, and other purposes as deemed necessary under the contract. The COR is designated as the authority to act for the Contracting Officer in matters concerning technical clarification, inspection, and acceptance of the Contractor's performance under this contract. The COR will coordinate all work with the Contractor during the term of this contract. In no instance is the COR authorized to alter the contract's terms or conditions, including the design to budget parameter. Such changes must be authorized by the Contracting Officer in a written modification to the contract.

F.2.0. INVOICING AND PAYING INSTRUCTIONS

F.2.1 INVOICING

(a) The Contractor shall submit invoices in the original and three copies to the designated billing address indicated in this contract. The COR will determine whether the invoice is complete and proper as submitted. The COR also will determine whether billed services have been satisfactorily performed and whether reimbursable expenses billed are correct. If the amount billed is incorrect, the COR will, within seven days, ask the Contractor to submit a revised invoice. Invoices may be submitted on a monthly basis and shall include:

(1) For Submittal Reviews, the line item submittal review provided, list the date completed, and fixed price.

(2) For preparation of responses to Requests for Information (RFI’s), list the completion date, the individual’s time spent and the time card provided to substantiate costs incurred, in accordance with the rates in A.2.1.

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(3) For Site Visits, list the name, the dates of the visit, and the established hourly rate specified in A.2.1 for each individual whose time is being invoiced.

(4) For Inspection Activities, list the name of individual(s), the dates and times of the visit, and the established hourly rate specified in A.2.1 for each individual whose time is being invoiced.

(5) For Other Directly Related Services, list the description of each task completed, the completion date, individual’s time spent and time card to substantiate costs, and price based on rates specified in A.2.1 for each individual whose time is being invoiced.

(b) Payment

The Contractor will be paid in full for:

(1) The line item price listed in Appendix A for the submittals reviewed at the Contractor office accepted and invoiced.

(2) For preparation of responses to Requests for Information (RFI’s), accepted and invoiced.

(3) Each site visit at the established hourly rate per person, for each visit completed and invoiced.

(4) For inspection services at the established hourly rate per person, for each visit completed and invoiced.

(5) For performing Additional Services, accepted and invoiced.

F.2.2. FINAL INVOICE

The Contractor shall specifically identify its last invoice as "Final Invoice." The final invoice shall include the remaining payments due under the basic contract and any and all modifications issued. The final invoice shall also attach a "Contractor's Release Certificate". The Contractor should keep one copy of the certificate for its files and include the others with each copy of the final invoice. If the Contractor has any questions regarding payment status, contact the designated billing office.

F.2.3. MONTHLY PROGRESS PAYMENTS

Monthly progress payments pursuant to the contract clause FAR 52.232-10 titled "Payments Under Fixed Price Architect Engineer Contracts" are not authorized. Payments for deliverable items listed in Exhibit A shall be made in accordance with FAR 52.232-1, P a g e | 17 of 54

"Payments". For reimbursable expenses listed in Section G.2.0, payment shall be made after an acceptable invoice has been submitted by the Contractor.

F.2.4 DESIGNATED BILLING OFFICE

The Contractor shall mail invoices to:

U.S. EMBASSY

SIMPANG 336-52-16-9

JALAN DUTA

BANDAR SERI BEGAWAN BC4115

BRUNEI DARUSSALAM

ATTN: FMC/FMO

EMAIL: USEMBASSYINVOICES@STATE.GOV

Invoices shall reflect the contract number and the name of the COR.

mailto:USEMBASSYINVOICES@STATE.GOV

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SECTION G - SPECIAL TERMS AND CONDITIONS

G.1.0. SECURITY

The following considerations must be followed by the Contractor and/or must be incorporated into any deliverables submitted under this contract.

G.1.1. All documents received or generated under the contract are the property of the U.S. Government.

G.1.2. All documents are to be controlled and disseminated on a need-to-know basis. Reproduction and distribution is prohibited without express approval of the U.S.

Government. The Contractor shall mark all design and construction documents as follows:

WARNING

This document is the property of the United States Government. Further reproduction and/or distribution is prohibited without the express written approval of:

U.S. EMBASSY BANDAR SERI BEGAWAN.

G.1.3. Proposed and actual contract documents shall only be disseminated on a strict need-to-know basis, and shall not be further disseminated without prior authorization from the Department of State.

G.1.4. Contractor personnel receiving proposed or actual contract documents, to include blueprints, other technical drawings, sketches, submittals, RFI’s, photographs, exposed negatives, and/or descriptive narratives pertaining to the project, shall be responsible for these materials while in their possession, or that of any of their subcontractors. The Contractor shall return all documents, including all copies, promptly upon demand by the Government.

G.1.5. Photographs of any public areas of any U.S. diplomatic or consular facility overseas must be approved and authorized in advance by the Regional Security Officer (RSO) or Post Security Officer (PSO). The RSO or PSO will establish any controls, limits, and/or other restrictions as deemed necessary. The Contractor shall submit a written request for authorization for such photography citing the reason(s) and use(s) for the photographs and/or negatives.

G.1.6. The Department of State shall be afforded the opportunity to review all photographs and negatives in advance of any public use, and reserves the right to deny such use. No further dissemination, publication, duplication, or other use beyond that which was requested and approved under this contract is authorized without specific advance written approval from the Department of State.

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G.1.7. Department reserves the right to demand retention of all copies of photographs and negatives.

G.2. STANDARDS OF CONDUCT

The Contractor shall maintain satisfactory standards of competency, conduct, cleanliness, appearance and integrity. Each Contractor employee is expected to adhere to standards of conduct that reflect credit on themselves and the United States Government.

G.3.0. ORGANIZATIONAL CONFLICTS OF INTEREST

Neither the Contractor nor any of its employees, affiliates, or related entities may participate in any way in the construction contract identified in B.1.0. The Contractor, its employees, affiliates, or related entities may not provide consulting or subcontract services related to the construction contract, to any party other than the U.S. Government.

The Contractor shall include this clause in all subcontracts, purchase orders, and consulting agreements for service.

G.4.0. RELEASE OF INFORMATION

All data furnished to the Contractor and data developed in connection with the project shall be considered privileged. The Contractor shall not make public announcements, including news and press releases; these are the prerogative of the Contracting Officer.

G.5.0. NOTIFICATION OF CHANGES

G.5.1. This clause applies to changes other than changes directed by the Government pursuant to the contract clause titled "52.243-1 Changes - Fixed Price (AUG 1987) Alternate III (APR 1984)."

G.5.2. DEFINITIONS. "Contracting Officer," as used in this clause, does not include representatives of the Contracting Officer.

G.5.3. NOTICE. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to be a change to this contract.

Except for changes identified in writing and signed by the Contracting Officer, the Contractor shall notify the Contracting Officer in writing within ten (10) days from the date the Contractor identified any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. Any notification received after 10 days will not be considered. On the basis of the most accurate information available to the Contractor, the notice shall state

(i) The date, nature and circumstances of the conduct regarded as a change;

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(ii) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;

(iii) The identification of any documents and the substance of any oral communication involved in such conduct;

(iv) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;

(v) The particular elements of contract performance that the Contractor may seek an equitable adjustment under this clause, including –

• What contract line items have been or may be affected by the alleged change;

• What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;

• To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change;

• What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and

(vi) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay, or disruption of performance.

G.5.4. CONTINUED PERFORMANCE. Following submission of the notice required above, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor. Unless the notice reports a direction of the Contracting Officer or a communication from a representative of the Contracting Officer, the Contractor shall continue performance. However, if the Contractor regards the direction or communication as a change as described above, notice shall be given in the manner provided.

G.5.5. GOVERNMENT RESPONSE. The Contracting Officer shall, within thirty

(30) days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall -

(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance;

(2) Countermand any communication regarded as a change;

(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or

(4) Advise the Contractor what additional information is required and when, and establish the date by which it should be furnished and the date the Government will respond.

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G.5.6. EQUITABLE ADJUSTMENTS

If the Contracting Officer confirms that the Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, the Government will modify the contract to make an equitable adjustment -

(1) In the contract price or delivery schedule or both; and

(2) Any other term of the contract affected.

G.5.7. Failure to agree to any adjustment shall be a dispute under the Disputes clause. Nothing in this section shall relieve the Contractor from proceeding with the work.

G.6.0 PERSONNEL SECURITY

After award of the purchase order, the Contractor has five (5) calendar days to submit to the COR a list of personnel assigned to this project who will require access to the construction site, for the Government to conduct all necessary security checks.

Information necessary to process clearance of personnel: Full name, ID#, Date of Birth, Place of Birth, Nationality and a recent photograph.

Failure to provide any of the above information may be considered grounds for rejection and/or re-submittal of the application. Once the Government has completed the security screening and approved the applicants, they will be given access to the site. Access to the site may be revoked at any time due to falsification of data or misconduct on site.

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SECTION H - CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

THE FOLLOWING FEDERAL ACQUISITION REGULATION (FAR) CLAUSES ARE

INCORPORATED BY REFERENCE:

CLAUSE TITLE AND DATE

52.202-1 DEFINITIONS (JUN 2020)

52.203-3 GRATUITIES (APR 1984)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV

2023)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (JUN 2020)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

(OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATION AND VIDEO SURVEILLANCE SERVICES

OR EQUIPMENT (NOV 2021)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED

APPLICATION (JUN 2023)

https://acquisition.gov/browse/index/far https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

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52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED OR PROPOSED FOR DEBARMENT OR

VOLUNTARILY EXCLUDED (JAN 2025)

52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND

REMEDIES (JAN 2025)

52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2021)

52.225-5 TRADE AGREEMENTS (NOV 2023)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND

TRANSLATION OF CONTRACT (FEB 2000)

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING (MAY 2024)

52.227-17 RIGHTS IN DATA – SPECIAL WORKS (DEC 2007)

52.228-3 WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT)

(JUL 2014)

52.228-4 WORKERS’ COMPENSATION AND WAR HAZARD INSURANCE

OVERSEAS (APR 1984)

52.229-6 TAXES – FOREIGN FIXED PRICE CONTRACTS (FEB 2013)

52.232-1 PAYMENTS (APR 1984)

52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND MATERIALS

LABOR-HOUR CONTRACTS (NOV 2021)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-1 PAYMENTS ( APR 1984)

52.232-11 EXTRAS (APR 1984)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-26 PROMPT PAYMENT FOR FIXED-PRICE ARCHITECT-ENGINEER

CONTRACTS (JAN 2017)

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52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR

AWARD MANAGEMENT (OCT 2018)

52.233-1 DISPUTES (MAY 2014) ALTERNATE I (DEC 1991)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.236-23 RESPONSIBILITY OF THE ARCHITECT-ENGINEER CONTRACTOR

(APR 1984)

52.236-24 WORK OVERSIGHT IN ARCHITECT-ENGINEER CONTRACTS

(APR 1984)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT AND

VEGETATION (APR 1984)

52.242-14 SUSPENSION OF WORK (APR 1984)

52.243-1 CHANGES – FIXED-PRICE (AUG 1987) ALTERNATE III (APR 1984)

52.243-3 CHANGES – TIME-AND-MATERIAL OR LABOR-HOUR (SEPT 2000)

52.246-4 INSPECTION OF SERVICES – FIXED-PRICE (AUG 1996)

52.246-6 INSPECTION – TIME-AND-MATERIAL AND LABOR-HOUR

(MAY 2001) ALTERNATE I (APR 1984)

52.246-26 REPORTING NONFORMING ITEMS (AUG 2024)

52.249-14 EXCUSABLE DELAYS (APR 1984)

52.249-7 TERMINATION (FIXED-PRICE ARCHITECT-ENGINEER) (APR 1984)

FEDERAL ACQUISITION REGULATION (FAR) CLAUSES INCORPORATED IN

FULL TEXT

52.213-4 TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER

THAN COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES)

(JAN 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

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(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(iv) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328), unless the agency grants an exception - see paragraph

(b) of 52.204-27.

(v) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).

(vi) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

(ix) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(x) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(xi) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(xii) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) ( Pub. L. 108- 77 and 108-78 ( 19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.233-1, Disputes (May 2014).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.225-13#FAR_52_225_13 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3553&num=0&edition=prelim https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 https://www.govinfo.gov/link/plaw/108/public/77 https://www.govinfo.gov/link/plaw/108/public/77 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3805&num=0&edition=prelim https://www.acquisition.gov/far/52.232-1#FAR_52_232_1 https://www.acquisition.gov/far/52.232-8#FAR_52_232_8 https://www.acquisition.gov/far/52.232-11#FAR_52_232_11 https://www.acquisition.gov/far/52.232-25#FAR_52_232_25 https://www.acquisition.gov/far/52.232-39#FAR_52_232_39 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1

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(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (Jan 2025).

(viii) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

(ii) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)(Pub. L. 109-282) ( 31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(iii) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025) ( E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).

(iv) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (Jun 2020) ( 41 U.S.C. chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(v) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vi) 52.222-36, Equal Employment for Workers with Disabilities (Jun 2020) ( 29 U.S.C.

793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(viii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(ix) https://www.acquisition.gov/far/52.244-6#FAR_52_244_6 https://www.acquisition.gov/far/52.253-1#FAR_52_253_1 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/4.1403#FAR_4_1403 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.federalregister.gov/executive-order/13126 https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/52.222-20#FAR_52_222_20 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter65&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/22.1303#FAR_22_1303 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/22.1408#FAR_22_1408 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 https://www.acquisition.gov/far/22.1303#FAR_22_1303 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-chapter67-front&num=0&edition=prelim

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(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(x) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331, et seq.))).

(xi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2024) ( 42 U.S.C. 11001-11050 and 13101-13109) (Applies to services performed on Federal facilities).

(xiii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products as prescribed at FAR 23.109(d)(1)).

(xiv) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xv) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l) (Applies to contracts when the agency identifies in the statement of work, or elsewhere in the contract, the sustainable products and services that apply to the acquisition).

(xviii) https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 https://www.acquisition.gov/far/52.222-55#FAR_52_222_55 https://www.acquisition.gov/far/52.222-6#FAR_52_222_6 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1331&num=0&edition=prelim https://www.acquisition.gov/far/52.222-62#FAR_52_222_62 https://www.acquisition.gov/far/52.222-6#FAR_52_222_6 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 https://www.acquisition.gov/far/52.223-5#FAR_52_223_5 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11001&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11001&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13101&num=0&edition=prelim https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/23.109#FAR_23_109 https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-23#FAR_52_223_23 https://www.federalregister.gov/executive-order/14057 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8259&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim

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(A) 52.225-1, Buy…