FY24 Simplified Acquisition Construction BPA - Draft Agreement.pdf

GENERAL SERVICES ADMINISTRATION

DRAFT Region 1 Simplified Acquisition Procedures (SAP) Construction

Blanket Purchase Agreement (BPA) No. 47PB00

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This Blanket Purchase Agreement (this “Agreement”) is entered into by and between the

UNITED STATES OF AMERICA, acting by and through the U.S. GENERAL SERVICES

ADMINISTRATION (the “Government”) and [name of firm] of [address, city, state] (the “Supplier” or “Contractor”) in order to establish a standing price quotation based on the terms and conditions herein.

DEFINITIONS

Agreement means this Blanket Purchase Agreement and all exhibits attached hereto.

Authorized Individual means a person who has been granted authority, in accordance with agency procedures and FAR Part 13, to acquire supplies and services in accordance with this

Agreement.

Contracting Officer means the warranted Government employee with the authority to enter into, administer, and/or terminate contracts and agreements on behalf of the Government and make related determinations and findings. In the absence of the Contracting Officer that entered into this Agreement, another Contracting Officer with appropriate warrant authority may sign on behalf of the Government.

Parties means the Government and the Supplier.

TERMS AND CONDITIONS

1. Description of Agreement. The Supplier agrees to furnish supplies or services described herein, if and when ordered by the Contracting Officer or an Authorized

Individual during the specified period within the geographic area to be served and within a stipulated aggregate amount, if any.

a. Description of supplies and services.

b. Term of agreement. The stated time period of this Agreement is for a period of three (5) years from the date this Agreement is duly executed.

c. Geographic area to be served.

[The 6 New England States. Vermont, New Hampshire, Maine. Massachusetts, Rhode Island and Connecticut, are the local trade areas to be served under this Agreement] .

d. Stipulated aggregate amount. There is no total dollar limitation for this Agreement.

2. Extent of Obligation. The Government is obligated only to the extent of authorized purchases actually made under this agreement.

Construction services under the Simplified Acquisition Threshold (currently $250,000), including but not limited to repair & alteration (R&A) projects, but the exact items, quantities, and delivery requirements are not known in advance and may vary considerably within the broad class of construction services.

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3. Purchase Limitation. The amount of any one purchase under this agreement shall not exceed $250,000.00 and lower amounts may be established for specific Authorized Individuals named in this Agreement.

4. Individuals authorized to purchase under this Agreement. A list of individuals authorized to purchase under this Agreement, identified either by title of position or by name of individual, organizational component, and the dollar limitation per purchase for each position title or individual is hereby furnished to the Supplier as

Exhibit A and may be periodically and unilaterally updated by the Contracting

Officer.

5. Placing orders. All orders placed against this Agreement shall be written on a GSA

Form 300, attached as Exhibit C. The order is an offer by the Government to the

Supplier to buy certain supplies or services upon the specified terms and conditions of this Agreement. A contract is established when the Supplier accepts the offer.

When it is desired to consummate a binding contract between the parties before the

Contractor undertakes performance, the Contracting Officer or Authorized Individual shall require written acceptance of the purchase order by the Contractor (i.e.

countersignature of the GSA Form 300). In other circumstances, the Supplier may indicate acceptance by proceeding with the work to the point where substantial performance has occurred.

a. Canceled orders. The Government may withdraw, amend, or cancel its offer by written notice to the supplier, at any time before acceptance occurs. (See FAR 13.302-4 for procedures on termination or cancellation of purchase orders.)

b. Modification of orders. Each purchase order modification shall identify the order it modifies and shall contain an appropriate modification number. A Contractor’s written acceptance of a purchase order modification may be required only if determined by the

Contracting Officer to be necessary to ensure the Contractor’s compliance with the purchase order as revised, or if required by agency regulations.

c. Pricing. Any purchases made pursuant to this agreement will be based on the standing price quotation submitted in response to a Standard Form 18, Request for Quotation, and established as this Agreement. Exhibit E — Price Calculation Form will be used to determine the pricing for all task orders issued under this Agreement. The sum of the

RSMeans line items shall be multiplied by the RSMeans Coefficient for either regular hours or off-hours work (as stated below), then multiplied by the city cost index. The list of 3-Digit ZIP Prefixes in Exhibit F shall be used to determine the RSMeans City Cost

Index (CCI) for each task order; where a project site is located in a geographic vicinity not associated with an RSMeans CCI in Exhibit F, the RSMeans “30+ City Average” shall be used.

RSMeans Coefficient:

RSMeans Coefficient (Off-hour Work):

d. Verbal orders. No verbal orders will be placed against this Agreement, however GSA employees issuing unpriced purchase orders or verbal notices to proceed separately in accordance with agency procedures may use the information provided in this https://www.acquisition.gov/content/part-13-simplified-acquisition-procedures#i1111529

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Agreement.

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6. Invoices. FAR 52.232-5, Payments under Fixed-Price Construction Contracts, is supplemented by GSAR 552.232-5, Payments under Fixed-Price Construction

Contracts and Section 1.10, Administrative Matters in Exhibit B.

7. Amendment of Agreement. This Agreement may not be amended, modified, extended, revised or otherwise altered except by a written amendment duly executed by the Contracting Officer and Supplier. Nothing in this Agreement shall prevent the Government from making new arrangements with different suppliers.

8. Completion of Agreement. This Agreement is considered complete when the purchases under it equal its total dollar limitation, if any, or when its state time period expires.

9. Terms and conditions. The terms and conditions included in this Agreement apply to all purchases made pursuant to this Agreement. In the event of an inconsistency between the terms and conditions of this Agreement or an order placed under this

Agreement and the Supplier's invoice, the terms and conditions of this Agreement or the purchase order will take precedence.

ACKNOWLEDGMENT

The Parties hereby acknowledge acceptance of this Agreement, including its items, conditions, and clauses:

GOVERNMENT:

UNITED STATES OF AMERICA

Acting by and through the U.S. General Services Administration

BY:

NAME: [Contracting Officer]

TITLE:

SUPPLIER:

BY:

NAME: [Authorized Representative]

TITLE:

a [state of incorporation]

☐ Corporation ☐ Partnership ☐ Sole Proprietorship

[name of firm] , Blanket Purchase Agreement (BPA) No. 47PB00

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Data Universal Numbering System (DUNS) Number:

Taxpayer Identification Number (TIN):

Business Classification:

a. SMALL

d. WOMAN-OWNED

b. OTHER THAN SMALL

e. HUBZone

c. SMALL DISADVANTAGED

f. EMERGING SMALL

g. VETERAN h. SERVICE DISABLED VETERAN

Remittance address for payment:

LIST OF EXHIBITS

Exhibit A List of Authorized Individuals

Exhibit B Contract Terms and Conditions

Exhibit C GSA Form 300 Order for Supplies and Services (For use at the task/call order level)

Exhibit D Addendum to GSA Form 300

Exhibit E Price Calculation Form (For use at the task/call order level)

Exhibit F Geographic vicinities for use of RSMeans City Cost Index (CCI)

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EXHIBIT A — List of Authorized Individuals

The following list of individuals who are authorized to purchase under this Agreement, identified either by title of position or by name of individual, organizational component, and the dollar limitation per purchase for each position title or individual is hereby furnished to the Supplier and may be periodically and unilaterally updated by the Contracting Officer.

Title of Position or Name of Individual Organizational Component Dollar Limitation per Purchase

EXHIBIT A — LIST OF AUTHORIZED INDIVIDUALS

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EXHIBIT B — Contract Terms and Conditions

1. General Terms and Conditions

1.1 The Contract

(a) The Contract consists of the GSA 300, the Addendum, the Statement of Work, Specifications, Drawings, Exhibits (including but not limited to this one), Amendments, Modifications, and other Attachments identified herein (collectively, the Contract

Documents). The Contract contains the entire agreement of the Parties, and no prior written or oral agreement, express or implied, shall be admissible to contradict or modify any part of the Contract.

(b) The Contractor shall provide and pay for all labor, materials, equipment, tools, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution of the work described in and reasonably inferable from the Contract Documents (the Work), whether temporary or permanent. In consideration for, and upon condition of, the

Contractor's completion of the Work, GSA shall pay the Contractor the price established on the GSA Form 300 – Order for Supplies and Services, subject to the terms and conditions set forth in this Contract.

(c) All Contract prices set forth on the GSA Form 300 include all costs necessary to complete the work for which the price is established in accordance with the Contract Documents, including, but not limited to, the cost of work performed by subcontractors and consultants, indirect costs, fees, expenses, taxes, and profit.

1.2 Contractor Responsibilities

FAR 52.236-7, Permits and Responsibilities, and GSAR 552.236-71, Contractor

Responsibilities, are supplemented as follows:

The Contractor shall secure and pay for all necessary permits and governmental fees, licenses, and inspections that are customarily secured after award of the Contract and that are legally required at the time of award. The Contractor shall provide a copy of the permits required for execution of the work to the Contracting Officer prior to commencement of any related work.

1.3 Material and Workmanship

All equipment, material, and articles incorporated into the Work shall be new and of the most suitable grade for the purpose intended, unless otherwise specified in this Contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number shall be regarded as establishing a standard of quality and performance and shall not be construed as limiting competition. Unless specifically directed by the Contracting Officer, the Contractor may use any equipment, material, article, or process that

EXHIBIT B — CONTRACT TERMS AND CONDITIONS

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1.4 Interpretation of Specifications and Drawings

(a) The specifications and drawings shall be interpreted to complement each other.

Requirements set forth in the specifications and not shown on the drawings, or shown on the drawings and not set forth in the specifications, shall be of like effect as if shown or set forth in both.

(b) Different requirements within the Contract Documents shall be deemed inconsistent only if compliance with both cannot be achieved.

(c) If a requirement set forth in one location is more restrictive than that set forth elsewhere in the Contract Documents, requirements set forth in specifications shall govern over requirements set forth in drawings; otherwise, the more restrictive shall govern.

(d) In case of inconsistent requirements within the drawings, the following order of precedence shall apply:

(1) Requirements indicated in large-scale drawings shall govern over inconsistent requirements indicated in small-scale drawings.

(2) Requirements indicated in schedules shall govern over inconsistent information shown in drawings.

(e) Unless otherwise noted, the drawings shall be interpreted to provide for a complete construction, assembly, or installation of the Work, without regard to the detail with which material components are shown in the drawings.

(f) If any inconsistency within the drawings or specifications cannot be reconciled by reference to this clause, the Contractor shall promptly request a determination from the Contracting

Officer as to which requirement shall govern. Election by the Contractor to follow either requirement without a determination from the Contracting Officer shall be at the

Contractor's risk; should the Contracting Officer subsequently determine that the requirement not followed by the Contractor governs, the Contractor shall be responsible for all cost and time required to comply with the Contracting Officer's determination.

1.5 Submittals

(a) The Contractor shall prepare and submit to the Contracting Officer shop drawings, samples, calculations, product information, mockups, GSA Form 184 (associated 184A and 184B as necessary) and other submittals (collectively, "submittals") demonstrating compliance with

Contract requirements for all Work components as specified elsewhere in this Contract. If particular submittal requirements are not specified for a component of the Work, the

Contractor shall prepare submittals for such Work as directed by the Contracting Officer.

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(b) Prior to submission, the Contractor shall review all submittals for accuracy, completeness, compliance with Contract requirements, and coordination between different trades and subcontractors. The Contractor shall indicate its approval on all submittals as evidence of such review and coordination. Submittals submitted to the Contracting Officer without evidence of the Contractor’s approval may be rejected without further review.

(c) The Contractor shall not proceed with work or procure products or materials described or shown in submittals until the Contracting Officer has indicated approval of the submittal. If the Contracting Officer disapproves of a submittal, the Contractor shall be entitled to an explanation of the reasons for disapproval.

Any work or activity undertaken prior to approval shall be at the Contractor’s risk; should the

Contracting Officer subsequently determine that the work or activity does not comply with the Contract, the Contractor shall be responsible for all cost and time required to comply with the Contracting Officer's determination. The Contracting Officer shall have the right to order the Contractor to cease execution of work for which submittals have not been approved. The Government shall not be liable for any cost or delay incurred by the

Contractor attributable to the proper exercise of this right.

(d) Approval by the Contracting Officer of any submittal required under this Contract shall not relieve the Contractor from responsibility for any errors or omissions in such submittals, or from responsibility for complying with the requirements of this Contract, except with respect to variations described and approved as changes in accordance with the following paragraph (e).

(e) The Contractor shall be entitled to rely upon approval of submittals containing variations from the requirements of the Contract as a change to the Contract only if the Contractor separately requests approval of the variation at the time of submission and the Contracting

Officer has approved the request for variation. Such requests shall fully describe the substance of the variation reflected in the Contractor's submittal. This provision shall not be interpreted as limiting the right of the Government to treat non-conforming work as a change where the Contractor has failed to request a variation in accordance with this paragraph.

(f) The Contractor shall be entitled to receive notice of action on submittals within a reasonable time, given the volume or complexity of the submittals and the criticality of the affected activities to Substantial Completion. The Contractor shall not be entitled to receive notice of action on submittals containing variations from Contract requirements in less than twenty working days for all Work components as specified elsewhere in this Contract.

1.6 Government’s Right to Stop Work for Non-Compliance

If the Contractor, after receiving written notice from the Contracting Officer of non-compliance with any requirement of this Contract, fails to promptly initiate action to achieve compliance within a reasonable time, the Contracting Officer shall have the right to order the Contractor to stop work under the Contract until the Contractor has complied. The Contractor shall not be entitled to any extension of Contract time or payment for any costs incurred as a result of being

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1.7 Other Contracts

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract, including but not limited to construction management services.

The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the

Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees and shall notify the

Contracting Officer immediately if the activities of other contractors interfere with performance of this contract.

1.8 Use and Possession Prior to Substantial Completion

Upon notice by the Contracting Officer, the Government shall have the right to take possession of, use, or operate with Government employees or other contractors, any completed or partially completed part of the Work prior to Substantial Completion. Exercise by the Government of the right shall not relieve the Contractor of responsibility for completing any unfinished components of the Work.

1.9 Finality of Contract Modifications

As set forth elsewhere in this Contract, the Contractor is entitled to additional consideration under certain conditions, including the issuance of change orders. It is the Contractor's duty to include in proposals for equitable adjustment or other consideration all compensation to which it may be entitled, including cost and time. Unless otherwise explicitly stated in a modification to the Contract providing such consideration, adjustments to the Contract price or time agreed upon therein shall be deemed to provide all compensation to which the Contractor is entitled, and shall constitute final settlement of the Contractor's entitlement to compensation on account of the change or other condition giving rise to the modification.

1.10 Administrative Matters

(a) Project Meetings. The Contractor shall attend a preconstruction conference and shall participate in regularly scheduled Project meetings.

(b) Payments. FAR clause 52.232-5, Payments under Fixed-Price Construction Contracts, is supplemented by GSAR 552.232-5 Payments under Fixed-Price Construction Contracts located in Section 3 of this Agreement. In accordance with the relevant FAR and GSAR clauses, GSA requires the following data be included with each invoice:

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(1) Invoices shall be submitted in an original and two (2) copies to the designated billing office specified in this Contract or in individual delivery/work orders.

(2) Invoices must include the Account Document Number (ADN) assigned at award.

(3) The Contractor shall submit the following information or documentation with each invoice:

(i) GSA Form 184A and/or 184B - Construction Progress Report (Construction

Phases Only), including the updated Schedule of Values upon which the payment request is based;

(ii) GSA Form 2419 - Certification of Progress Payments Under Fixed-Price

Construction Contract;

(iii) The payment terms that apply for the particular services rendered

(iv) Updated project schedule that complies with Contract Documents

(v) Additional documentation if specified in the Addendum to GSA Form 300

(c) Prompt Payment. In accordance with FAR clause 52.232-27, the period for payments is as follows:

(1) Progress Payments: 14 days

(2) Subsequent Subcontractor Payments: 7 days

(d) Payment Information. The General Services Administration (GSA) makes information on contract payments available electronically at Office of the Chief Financial Officer. The

Contractor may register at the site and review its record of payments. This site provides information only on payments made by GSA, not by other agencies.

(e) Security Clearances. Contractor shall comply with the following requirements pertaining to security clearances.

(1) All personnel performing work under the Contract on the Project site must obtain an

Enter on Duty (EOD) determination before they will be granted access to the site.

(2) To obtain an EOD determination, Contractor shall submit for all such personnel fingerprints on Form SF87 and a completed Contractor Information Worksheet (CIW).

Detailed information is available at GSA Access Card . USAccess Credentialing

Centers can be located at US Access Centers .

(3) In addition, all such personnel who will be on site 6 months or longer must apply for and receive clearance in accordance with Homeland Security Presidential Directive 12

(HSPD-12). See Section 3 herein, Contract Clauses Incorporated in Full Text, GSAR

552.204-9.

(f) Safeguarding and Dissemination of Sensitive But Unclassified (SBU) Building Information.

This clause applies to all recipients of SBU building information, including offerors, bidders, awardees, contractors, subcontractors, lessors, suppliers and manufacturers.

http://www.finance.gsa.gov/ http://www.gsa.gov/portal/category/107203 http://www.fedidcard.gov/centerlist.aspx

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(1) Marking SBU. Contractor-generated documents that contain building information must be reviewed by GSA to identify any SBU content, before the original or any copies are disseminated to any other parties. If SBU content is identified, the Contracting Officer may direct the contractor, as specified elsewhere in this contract, to imprint or affix

SBU document markings to the original documents and all copies, before any dissemination.

(2) Authorized recipients.

(i) Building information designated SBU must be protected with access strictly controlled and limited to those individuals having a legitimate business need to know such information. Those with a need to know may include Federal, State and local government entities, and nongovernment entities engaged in the conduct of business on behalf of or with GSA. Nongovernment entities may include architects, engineers, consultants, contractors, subcontractors, suppliers, utilities, and others submitting an offer or bid to GSA, or performing work under a GSA contract or subcontract. Recipient contractors must be registered as “active” in the System for

Award Management (SAM) database at www.sam.gov and have a legitimate business need to know such information. If a subcontractor is not registered in the

SAM and has a need to possess SBU building information, the subcontractor shall provide to the contractor its DUNS number or its tax ID number and a copy of its business license. The contractor shall keep this information related to the subcontractor for the duration of the contract and subcontract.

(ii) All GSA personnel and Contractors must be provided SBU building information when needed for the performance of official Federal, State, and local government functions, such as for code compliance reviews and for the issuance of building permits. Public safety entities such as fire and utility departments may require access to SBU building information on a need to know basis. This clause must not prevent or encumber the dissemination of SBU building information to public safety entities.

(3) Dissemination of SBU building information.

(i) By electronic transmission. Electronic transmission of SBU information outside of the GSA network must use session encryption (or alternatively, file encryption).

Encryption must be via an approved NIST algorithm with a valid certification, such as Advanced Encryption Standard (AES) or Triple Data Encryption Standard

(3DES), in accordance with Federal Information Processing Standards Publication

(FIPS PUB) 140-2, Security Requirements for Cryptographic Modules per GSA policy.

(ii) By nonelectronic form or on portable electronic data storage devices. Portable electronic data storage devices include, but are not limited to CDs, DVDs, and

USB drives. Nonelectronic forms of SBU building information include paper documents, among other formats.

http://www.sam.gov/

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(iii) By mail. Contractors must utilize only methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery, signature confirmation, or return receipt.

(iv) In person. Contractors must provide SBU building information only to authorized recipients with a need to know such information. Further information on authorized recipients is found in Section 2 of this clause.

(4) Record keeping. Contractors must maintain a list of all entities to which SBU is disseminated, in accordance with sections 2 and 3 of this clause. This list must include at a minimum: (1) the name of the State, Federal, or local government entity, utility, or firm to which SBU has been disseminated; (2) the name of the individual at the entity or firm who is responsible for protecting the SBU building information, with access strictly controlled and limited to those individuals having a legitimate business need to know such information; (3) contact information for the named individual; and (4) a description of the SBU building information provided. Once “as built” drawings are submitted, the contractor must collect all lists maintained in accordance with this clause, including those maintained by any subcontractors and/or suppliers, and submit them to the

Contracting Officer. For Federal buildings, final payment may be withheld until the lists are received.

(5) Safeguarding SBU documents. SBU building information (both electronic and paper formats) must be protected, with access strictly controlled and limited to those individuals having a legitimate business need to know such information. GSA contractors and subcontractors must not take SBU building information outside of GSA or their own facilities or network, except as necessary for the performance of that contract. Access to the information must be limited to those with a legitimate business need to know.

(6) Destroying SBU building information. When no longer needed, SBU building information must be destroyed so that marked information is rendered unreadable and incapable of being restored, in accordance with guidelines provided for media sanitization within GSA CIO IT Security 06-32, Media Sanitization Guide and Appendix

A of NIST Special Publication 800-88, Guidelines for Media Sanitization. Alternatively, SBU building information may be returned to the Contracting Officer.

(7) Notice of disposal. The contractor must notify the Contracting Officer that all SBU building information has been returned or destroyed by the contractor and its subcontractors or suppliers in accordance with paragraphs 4 and 6 of this clause, with the exception of the contractor's record copy. This notice must be submitted to the

Contracting Officer at the completion of the contract to receive final payment. For leases, this notice must be submitted to the Contracting Officer at the completion of the lease term. The contractor may return the SBU documents to the Contracting Officer rather than destroying them.

(8) Incidents. All improper disclosures of SBU building information must be immediately reported to the Contracting Officer at the contact information provided in the Addendum

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Officer may withhold approval of progress payments until the contractor provides a corrective action plan explaining how the contractor will prevent future improper disclosures of SBU building information. Progress payments may also be withheld for failure to comply with any provision in this clause until the contractor provides a corrective action plan explaining how the contractor will rectify any noncompliance and comply with the clause in the future.

(9) Subcontracts. The contractor and subcontractors must insert the substance of this clause in all subcontracts.

1.11 Safeguarding Sensitive Data and Information Technology Resources

(a) In accordance with FAR 39.105, this section is included in the contract. This section applies to all users of sensitive data and information technology (IT) resources, including awardees, contractors, subcontractors, lessors, suppliers and manufacturers. The following GSA policies must be followed. These policies can be found at Directives Library.

(1) CIO P 2100.1K GSA Information Technology (IT) Security Policy

(2) CIO P 2100.2B GSA Wireless Local Area Network (LAN) Security

(3) CIO 2100.3C Mandatory Information Technology (IT) Security Training Requirement for Agency and Contractor Employees with Significant Security Responsibilities

(4) CIO 2104.1A CIO CHGE 1 GSA Information Technology IT General Rules of Behavior

(5) CIO 2105.1 C CHGE 1 GSA Section 508: Managing Electronic and Information Technology for Individuals with Disabilities

(6) CIO 2106.1 GSA Social Media Policy

(7) CIO 2107.1 Implementation of the Online Resource Reservation Software

(8) CIO 2160.4A Provisioning of Information Technology (IT) Devices

(9) CIO 2162.1 Digital Signatures

(10) CIO P 2165.2 GSA Telecommunications Policy

(11) CIO P 2180.1 GSA Rules of Behavior for Handling Personally Identifiable Information (Pll)

(12) CIO 2182.2 Mandatory Use of Personal Identity Verification (PIV) Credentials

(13) CIO P 1878.2A Conducting Privacy Impact Assessments (PIAs) in GSA

(14) CIO 2102.1 Information Technology (IT) Integration Policy

(15) HCO 9297.1 GSA Data Release Policy

(16) HCO 9297.2B GSA Information Breach Notification Policy

(17) ADM P 9732.1 D Suitability and Personnel Security

(b) The contractor and subcontractors must insert the substance of this section in all subcontracts.

2. Clauses Incorporated by Reference http://www.gsa.gov/directives

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This Agreement 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. The full text of a clause may also be accessed electronically at this address:

FAR: https://www.acquisition.gov/browse/index/far

GSAR: https://www.acquisition.gov/browse/index/gsam

2.1 The following clause(s) are incorporated by reference:

NUMBER TITLE DATE

FAR 52.204-2 Security Requirements AUG 1996

FAR 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

FAR 52.204-13 System for Award Management Maintenance OCT 2018

FAR 52.204-19 Incorporation by Reference of Representations and Certifications

DEC 2014

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

JUL 2018

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

NOV 2015

FAR 52.211-10 Commencement, Prosecution, and Completion of Work APR 1984

FAR 52.211-10 Commencement, Prosecution, and Completion of Work Alternate I

APR 1984

FAR 52.222-21 Prohibition of Segregated Facilities APR 2015

FAR 52.222-26 Equal Opportunity SEP 2015

FAR 52.222-50 Combating Trafficking in Persons JAN 2019

FAR 52.223-3 Hazardous Material Identification and Material Safety Data - Alternate I (JUL 95)

JAN 1997

FAR 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

FAR 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007

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

AUG 2018

FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

AUG 2011

FAR 52.224-1 Privacy Act Notification APR 1984

FAR 52.224-2 Privacy Act APR 1984

FAR 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

FAR 52.227-4 Patent Indemnity—Construction Contracts DEC 2007

FAR 52.232-5 Payments Under Fixed Price Construction Contracts MAY 2014

FAR 52.232-27 Prompt Payment for Construction Contracts JAN 2017

FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management

OCT 2018

FAR 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

FAR 52.232-40 Providing Accelerated Payments to Small Business DEC 2013 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/browse/index/gsam

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Subcontractors

FAR 52.233-1 Disputes Alternate I (DEC 91) MAY 2014

FAR 52.233-3 Protest after Award AUG 1996

FAR 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

FAR 52.236-5 Material and Workmanship APR 1984

FAR 52.236-6 Superintendence by the Contractor APR 1984

FAR 52.236-7 Permits and Responsibilities APR 1984

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

APR 1984

FAR 52.236-10 Operations and Storage Areas APR 1984

FAR 52.236-11 Use and Possession Prior to Completion APR 1984

FAR 52.236-12 Cleaning Up APR 1984

FAR 52.236-14 Availability and Use of Utility Services APR 1984

FAR 52.242-14 Suspension of Work APR 1984

FAR 52.243-5 Changes and Changed Conditions APR 1984

FAR 52.244-6 Subcontracts for Commercial Items AUG 2019

FAR 52.246-21 Warranty of Construction MAR 1994

FAR 52.249-1 Termination for Convenience of the Government (Fixed- Price) (Short Form)

APR 1984

FAR 52.253-1 Computer Generated Forms JAN 1991

2.2 The following clause(s) are incorporated by reference in resulting contracts exceeding $2,000.

FAR 52.222-6 Construction Wage Rate Requirements AUG 2018

FAR 52.222-7 Withholding of Funds MAY 2014

FAR 52.222-8 Payrolls & Basic Records AUG 2018

FAR 52.222-9 Apprentices And Trainees JUL 2005

FAR 52.222-10 Compliance With Copeland Act Requirements FEB 1988

FAR 52.222-11 Subcontracts (Labor Standards) MAY 2014

FAR 52.222-12 Contract Termination—Debarment MAY 2014

FAR 52.222-13 Compliance With Construction Wage Rate Requirements And Related Regulations

MAY 2014

FAR 52.222-14 Disputes Concerning Labor Standards FEB 1988

FAR 52.222-15 Certification of Eligibility MAY 2014

FAR 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015

FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017

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R1 Simplified Acquisition Construction BPA (4/2024) (The Agreement) exceeding the micropurchase threshold (currently $10,000).

FAR 52.219-28 Post-Award Small Business Program Representation JUL 2013

FAR 52.222-3 Convict Labor JUN 2003

FAR 52.232-23 Assignment of Claims MAY 2014

2.4 The following clause(s) are incorporated by reference for resulting contracts exceeding the micropurchase threshold (currently $10,000) but not the simplified acquisition threshold (currently $250,000).

GSAR 552.229-70 Federal, State, and Local Taxes APR 1984

2.5 The following clause(s) are incorporated by reference for resulting contracts exceeding $10,000.

FAR 52.222-27 Affirmative Action Compliance Requirements for Construction

APR 2015

2.6 The following clause(s) are incorporated by reference for resulting contracts exceeding $15,000.

FAR 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

2.7 The following clause(s) are incorporated by reference for resulting contracts exceeding $30,000.

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

OCT 2018

2.8 The following clause(s) are incorporated by reference for resulting contracts exceeding $35,000.

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

OCT 2015

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2.9 The following clause(s) are incorporated by reference for resulting contracts expected to exceed $35,000 but not expected to exceed $150,000.

FAR 52.228-13 Alternative Payment Protections JULY 2000

2.10 The following clause(s) are incorporated by reference for resulting contracts exceeding $150,000.

FAR 52.222-35 Equal Opportunity for Veterans OCT 2015

FAR 52.222-37 Employment Reports on Veterans FEB 2016

FAR 52.228-2 Additional Bond Security OCT 1997

FAR 52.228-11 Pledges of Assets AUG 2018

FAR 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014

FAR 52.228-14 Irrevocable Letter of Credit NOV 2014

FAR 52.228-15 Performance and Payment Bonds-Construction JUN 2020

2.11 The following clause(s) are incorporated by reference if checked:

[Check all that apply]

X FAR 52.219-6 Notice of Total Small Business Set-Aside NOV 2011

☐ GSAR 552.219-74 Section 8(a) Direct Award SEP 1999

☐ FAR 52.219-3 Notice of HUBZone Set-Aside NOV 2011

☐ FAR 52.219-27 Notice of Service-Disabled Veteran-Owned Set-Aside

NOV 2011

☐ FAR 52.219-29 Notice of Economically Disadvantaged Women-Owned Small Business Set-Aside

DEC 2015

☐ FAR 52.219-30 Notice of Women-Owned Small Business Set- Aside

DEC 2015

☐ FAR 52.223-6 Drug-Free Workplace MAY 2001

[Check FAR 52.219-6 if this contract is Total Small Business Set-Aside.]

[Check GSAR 552.219-74 if this contract is an 8(a) Set-Aside.]

[Check FAR 52.219-3 if this contract is a HUBZone.]

[Check FAR 52.219-27 if this contract is a Service-Disabled Veteran-Owned Set-Aside.]

[Check FAR 52.219-29 if this contract is an Economically Disadvantaged Women-Owned Small Business Set-Aside.]

[Check FAR 52.219-30 if this contract is an Women-Owned Small Business Set-Aside.]

[Check FAR 52.223-6 if this contract is awarded to an individual.]

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3. Contract Clauses Incorporated in Full Text

3.1 The following clause(s) are incorporated in full text:

GSAR 552.204-9 PERSONAL IDENTITY VERIFICATION REQUIREMENTS (OCT 2012)

(a) The contractor shall comply with GSA personal identity verification requirements, identified at http://www.gsa.gov/hspd12, if contractor employees require access to GSA controlled facilities or information systems to perform contract requirements.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have access to a GSA-controlled facility or access to a GSA-controlled information system.

(End of Clause)

FAR 52.204-25, PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means-

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications

Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology

Company (or any subsidiary or affiliate of such entities);

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

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

Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means-http://www.gsa.gov/hspd12

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

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

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

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

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations

(relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of

Federal Regulations (relating to export and import of nuclear equipment and material);

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

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the

Export Control Reform Act of 2018 (50 U.S.C. 4817).

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

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

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

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

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

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(c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(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.

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

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

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the https://www.acquisition.gov/far/part-4#FAR_4_2104 https://www.acquisition.gov/far/part-4#FAR_4_2104 https://dibnet.dod.mil/

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Contracting Officer(s) for any affected order or, in the case of the Department of

Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity

(CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

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

(3) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e),…