HSBP1017R0022_Solid_Concrete_Wall_IDIQ_RFP_(003).pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

HSBP1017R0022

Customs and Border Protection (CBP) 1331 Pennsylvania Avenue, NW National Place, Suite 1355 Washington DC, 20229

Solid Concrete Wall Prototype Construction Design-Build, Multiple Award Indefinite Delivery/Indefinite Quantity (IDIQ) Task Order Contract (TOC)

North American Industry Classification System Code (NAICS) 236220 Commercial and Institutional Building Construction Small Business Size Standard: $36.5M.

This IDIQ TOC is to perform associated design and construction of projects. Projects may include, but are not limited to: the design and construction of a solid concrete wall prototype and various miles of border wall along the southwest border (i.e. San Diego, CA to Brownsville, TX).

The award of the Prototype meets the IDIQ minimum guarantee quantity. The minimum guarantee is applicable for the performance period of the contract and shall be obligated at the time of award. The maximum aggregate price for all individual orders awarded under the resulting IDIQ shall not exceed $300,000,000 for the five year (5) period.

The minimum per task is estimated to be $100,000 and the maximum order is estimated not to exceed $275,000,000 for any order.

NOTE: All awardees of the IDIQ will be required to meet the Payment and Performance bonding requirements for each task order.

See Block #7

20098173

Border Wall Contracting Officer BorderWallDesignBuild@cbp.dhs.gov

1 57___03/17/2017

See Section L

Per TO

See L

See Sec L

Per TO

Per TO

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

See Pricing Schedule

HSBP1017R0022

TABLE OF CONTENTS

Section A Continuation - Solicitation/Contract Form SF 1442 Construction Design/Build

Section B - Schedule

Section C - Description/Specification

Section D - Packaging and Marking

Section E - Inspection and Acceptance

Section F - Deliveries or Performance

Section G - Contract Administration Data

Section H - Special Contract Requirements

Section I - Contract Clauses

Section J - List of Documents, Exhibits and Other Attachments

Section K - Representation, Certifications, and Other Statement of Offerors and Respondents

Section L - Instructions, Conditions and Notices to Offerors and Respondents

Section M - Evaluation Factors for Award

Section A Continuation - Solicitation/Contract Form SF 1442 Construction

Design/Build

SF1442, Block 13a: Offerors shall follow the submittal instructions in Section L of this solicitation to respond to both Phase I - Concept Papers/Request for Qualifications and Phase II - Request for Proposals.

This acquisition will result in the award of multiple IDIQ contracts for the construction of a solid concrete wall prototype with the capacity to issue future task orders for construction along the American-Mexican border. This acquisition is separate and apart from solicitation HSBP1017R0023 for the “Other Border Wall Prototype”, which is for the acquisition of a prototype using other than solid concrete materials, in addition to future possible construction along the American-Mexican border.

The performance period of each IDIQ contract shall be five (5) years from date of award with the sum total value of all awarded contracts having a maximum order limit of $300,000,000.

The Government will make the award of each IDIQ contract and the first task order (TO) simultaneously. The first TO award will be for the design and build of the Solid Concrete Wall Prototype and Mock-ups (collectively, Prototype) in accordance with the Statement of Work.

Award of the Prototype will satisfy the minimum guarantee of the IDIQ contract.

Pursuant to FAR 52.232-18, Availability of Funds, the Government's obligation under this solicitation, or any contract or TO that might result from the solicitation is entirely subject to, and contingent upon, the availability of appropriated funds. No legal liability on the part of the Government shall arise until funds are made available to the Contracting Officer and a TO is awarded by the Contracting Officer. Any offeror proposing on this solicitation does so at its own cost and with the full knowledge that a contract or TO for the Prototype project might not result from this solicitation.

After award of the IDIQ and Prototype TO, the successful IDIQ contractors will all compete for future TOs based upon the evaluation factors set forth in the TO RFPs. Only the successful IDIQ awardees shall be allowed to compete for future TOs under these IDIQs. IDIQ contract holders are expected to submit a proposal for all future TO RFPs received from the Government. However, in the event an awardee is unable to submit a proposal on a particular TO RFP, the contractor is required to notify, in writing, the Contracting Officer who issued the TO RFP within five (5) working days from receipt of the RFP. An awardee can only elect to withdraw from submitting a proposal on three (3) TO RFPs during a 365 calendar day period. Withdrawal requests in excess of 365 calendar day period, may result in the Government terminating a contractor’s IDIQ contract for default.

Task and Delivery Order Ombudsman (Feb 2008) The individual named below has been appointed as the Task and Delivery Order Ombudsman for the U.S. Customs and Border Protection (CBP).

The Task and Delivery Order Ombudsman will review complaints from contractors and ensure they are afforded a fair opportunity to be considered for task or delivery orders, consistent with the procedures contained in this indefinite quantity contract.

Name: To Be Determined (TBD) at Task Order level

Address: U.S. Customs and Border Protection Procurement Directorate 1300 Pennsylvania Avenue, NW.

Suite 1310 National Place Washington, D.C. 20229 Email: TBD at Task Order level

[END OF SECTION A]

Section B – Schedule

Schedule B – Pricing Schedule

The following shall only be completed by those Offerors invited to submit Phase II proposals. Please see the “Phased Evaluation Approach” instructions in Section L for further details.

Pricing shall not be provided for the Phase I concept paper/request for qualifications submission.

Phase II: Solid Concrete Prototype

CLIN Description QTY Unit Unit Price CLIN Price

0001 Prototype

LOT

0002 Design (As-Builts) 1 LOT $ $

0003 Mock-up (including disposal) 1 LOT $ $

Optional CLIN – Prototype Demolition

1 LOT $

Total Price $

See Attachment#2 (Supporting Price Details Spreadsheet) In addition to the above Schedule B, Offerors shall complete Attachment #2 (Supporting Price Details Spreadsheet) for its prototype in accordance with the pricing instructions incorporated in the attachment as part of the Phase II proposals.

Pricing information provided and evaluated during Phase II will apply only to the initial (Prototype) TO. Future TOs will be priced in accordance with TO RFPs using labor rates at or above prevailing wage determinations consistent with FAR 52.222-6.

Prototype Range

The estimated price range for the solid concrete wall prototype is between $200,000 and $500,000.

Contract Minimum & Maximum

The Prototype TO is the minimum guarantee per IDIQ award. Each IDIQ contract will have a maximum contract value not to exceed $300,000,000.

[END OF SECTION B]

Section C - Description/Specification

Specifications, Statement of Work, or Statement of Objectives Attached (Mar 2003) The Specifications, Statement of Work, or Statement of Objectives which describe the work to be performed hereunder, although attached, is incorporated and made a part of this document with the same force and effect of "specifications" as described in the clause, Order of Precedence, FAR 52.215-8 incorporated herein by reference.

Description of Work:

(a) Cost Range: the Prototype TO is the minimum guarantee per the IDIQ award requirement with each IDIQ contract having a maximum contract value not to exceed $300,000,000.

(b) NAICS Code: 236220

(c) Statement of Work: Solid Concrete Border Wall and Prototype IDIQ Design-Build Contract

(d) The Contractor shall furnish all labor, material, equipment, supervision, etc. necessary to complete the requirements of this contract in accordance with this this solicitation/contract, and all applicable Federal, State, and Local laws, regulations, specifications, codes, certifications, etc., to whichever is most stringent.

See Attachment #1 for Statement of Work.

[END OF SECTION C]

Section D - Packaging and Marking

Packaging, Packing and Marking (Mar 2003) Material shall be packaged, packed and marked for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Packages shall be clearly identified on the outer wrapping with the contract number and delivery/task order number, if applicable.

The TO RFP may provide added requirements, as applicable.

[END OF SECTION D]

Section E - Inspection and Acceptance

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 - Inspection of Construction (Aug 1996) 52.246-13 – Inspection-Dismantling, Demolition, or Removal of Improvements (Aug 1996)

[END OF SECTION E]

Section F - Deliveries or Performance

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.211-13 - Time Extensions (Sep 2000) 52.242-14 - Suspension of Work (Apr 1984)

52.211-10 - Commencement, Prosecution, and Completion of Work (Apr 1984) The Contractor shall be required to:

(a) commence work on the TO within one (1) calendar day after the date the Contractor receives the Notice to Proceed (NTP).

(b) prosecute the work diligently, and

(c) complete the entire work ready for use in accordance with the requirements as stated in the awarded TO.

52.211-12 - Liquidated Damages - Construction (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government as defined within the RFP (per TO – no liquidated damages identified for the initial task order; TO RFPs will identify liquidated damages for future task orders) for each calendar day of delay until the work is completed or accepted.

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

Period of Performance (Mar 2003) The period of performance of this contract shall be five (5) years from Date of Award. Each task order issued under this contract will included its own period of performance.

Federal Holiday Closure (Mar 2003) The following Federal Legal Holidays are observed under this contract, and the contractor will not be able to perform work on these days. Any of the holidays falling on a Saturday will be observed on the preceding Friday. Holidays falling on a Sunday will be observed on the following Monday:

New Year’s Day – 1st of January Martin Luther King’s Birthday - 3rd Monday in January President’s Day – 3rd Monday in February Memorial Day - Last Monday in May Independence Day – 4th of July

Labor Day – 1st Monday in September Columbus Day - 2nd Monday in October Veterans Day – 11th of November Thanksgiving Day – 4th Thursday in November Christmas Day – 25th of December

[END OF SECTION F]

Section G - Contract Administration Data

Contracting Officer’s Authority (Mar 2003) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor effects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, or to modify any term or condition of the contract.

The Contracting Officer is the only individual who can legally obligate Government funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

Submission of Invoices Copies of invoices will be submitted to the CO and COR by e-mail. To constitute a proper invoice, the invoice shall include all the items required by FAR 32.905 and the invoice shall be accompanied by a Progress Report form (sample to be provided after award or the contractor may provide an equivalent Progress Report form with approval from the CO), if applicable; and the employee wage payrolls shall be up-to-date.

Once the COR and CO approves of the submitted invoice, the contractor shall comply with the following electronic invoicing process:

Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (Jan 2016) Payment requests for all new awards must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). Payment terms for existing contracts and orders awarded prior to April 11, 2016 remain the same. The Contractor must use IPP for contracts and orders awarded April 11, 2016 or later, and must use the non-IPP invoicing process for those contracts and orders awarded prior to April 11, 2016.

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP:

1. Hard Copy of the Invoice

Note: If applicable, all Davis Bacon Payrolls must be submitted and approved by CO before submitting an invoice in IPP.

The IPP was designed and developed for Contractors to enroll, access and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting IPPCustomerSupport@fms.treas.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer.

[END OF SECTION G]

https://www.ipp.gov/ mailto:IPPCustomerSupport@fms.treas.gov

Section H - Special Contract Requirements

3052.215-70 Key Personnel or Facilities (Dec 2003)

(a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate.

(b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on his contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change.

The Key Personnel or Facilities under this Contract are:

Contractor’s Construction Superintendent Contractor's Project Manager Contractor’s Lead Designer

However, additional Key Personnel may be added at the task order level per the TO RFP.

Disclosure of Information (Mar 2003)

(a) General: Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any persons, except as may be necessary in the performance of the contract.

(b) Technical Data Rights: The Contractor shall not use, disclose, reproduce, or otherwise divulge or transfuse to any persons any technical information or data licensed for use by the Government that bears any type of restrictive or proprietary legend except as may be necessary in the performance of the contract. Refer to the Rights in Data clause for additional information.

(c) Privacy Act: In performance of this contract the Contractor assumes the responsibility for protection of the confidentiality of all Government records and/or protected data provided for performance under the contract and shall ensure that (a) all work performed by any subcontractor is subject to the disclosure restrictions set forth above and (b) all subcontract work be performed under the supervision of the Contractor or their employees.

Post Award Evaluation of Contractor Performance (Jul 2014) A. Contractor Performance Evaluations

Interim and final performance evaluation reports will be prepared on this contract or order in accordance with FAR Subpart 42.15. A final performance evaluation report will be prepared at the time the work under this contract or order is completed. In addition to the final performance evaluation report, an interim performance evaluation report will be prepared annually to coincide with the anniversary date of the contract or order.

Interim and final performance evaluation reports will be provided to the contractor via the Contractor Performance Assessment Reporting System (CPARS) after completion of the evaluation. The CPARS Assessing Official Representatives (AORs) will provide input for interim and final contractor performance evaluations. The AORs may be Contracting Officer’s Representatives (CORs), project managers, and/or contract specialists. The CPARS Assessing Officials (AOs) are the contracting officers (CO) or contract specialists (CS) who will sign the evaluation report and forward it to the contractor representative via CPARS for comments.

The contractor representative is responsible for reviewing and commenting on proposed ratings and remarks for all evaluations forwarded by the AO. After review, the contractor representative will return the evaluation to the AO via CPARS.

The contractor representative will be given up to fourteen (14) days to submit written comments or a rebuttal statement. Within the first seven (7) calendar days of the comment period, the contractor representative may request a meeting with the AO to discuss the evaluation report. The AO may complete the evaluation without the contractor representative’s comments if none are provided within the fourteen (14) day comment period.

Any disagreement between the AO/CO and the contractor representative regarding the performance evaluation report will be referred to the Reviewing Official (RO) within the division/branch the AO is assigned. Once the RO completes the review, the evaluation is considered complete and the decision is final.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file and may be used in future award decisions.

B. Designated Contractor identify a primary representative for this contract and provide the full name, title, phone number, email address, and business address to the CO within 30 days after award.

C. Electronic Access to Contractor Performance Evaluations The AO will request CPARS user access for the contractor by forwarding the contractor’s primary and alternate representatives’ information to the CPARS Focal Point (FP).

The FP is responsible for CPARS access authorizations for Government and contractor personnel. The FP will set up the user accounts and will create system access to CPARS.

The CPARS application will send an automatic notification to users when CPARS access is granted. In addition, contractor representatives will receive an automated email from CPARS when an evaluation report has been completed.

Government Consent of Publication/Endorsement (Mar 2003) Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any news release or commercial advertising without first obtaining explicit written consent to do so from the Contracting Officer.

The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

Ordering Procedures Ordering of design and build services under this contract shall be accomplished through the issuance of written fixed price task orders.

In accordance with FAR 16.505(b)(1), the Contracting Officer will ensure that all Contractors (IDIQ contract holders) receive a fair opportunity to compete for task orders issued under this contract. When there is a requirement for a task order to be fulfilled, the Government will issue a Request for Proposals (RFP) to all Contractors under the IDIQ contract. Each TO RFP will define and include the requirements, proposal instructions, evaluation criteria, and clauses unique to the award of the individual task order, including an explicit designation of the applicable FAR Part 25 clauses. Unless otherwise specified, all applicable clauses in the IDIQ contract shall apply at the task order level, The TO RFPs will define the bonding requirements for each task order. Future TO RFPs will require Offerors to bond for the full value of the awarded task orders in accordance with the values set forth in FAR 52.216-9, “Order Limitation.” All offerors shall be able to bond for the full value of any future task order in order to be considered eligible in the evaluation and award of such task orders under the IDIQ contract.

After the Government has completed an evaluation of the submitted proposals, the CO may conduct discussions with the Contractors, as needed, to resolve and/or understand any concerns within their RFP proposals. Following any discussions with the Contractors, the CO will issue a written task order to the Contractor who provides the best value to the Government, as defined in each task order.

All task orders issued under this contract shall conform to the provisions of the contract clauses FAR 52.216- 18 "Ordering," and FAR 52.216-9, “Order Limitation,” contained in the contract.

The only office(s) authorized to issue task orders under this contract are:

U.S. Customs and Border Protection Office of Acquisition

[END OF SECTION H]

Section I - Contract 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. Also, the full text of a clause may be accessed electronically at this/these addresses: http://farsite.hill.af.mil/vffara.htm and http://farsite.hill.af.mil/vfhsara.htm 52.202-1 - Definitions (Nov 2013) 52.203-3 - Gratuities (Apr 1984) 52.203-5 - Covenant Against Contingent Fees (May 2014) 52.203-6 - Restrictions on Subcontractor Sales to the Government (Sep 2006) 52.203-7 - Anti-Kickback Procedures (May 2014) 52.203-8 - Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-10 - Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 - Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-13 - Contractor Code of Business Ethics and Conduct (Oct 2015) 52.203-14 - Display of Hotline Poster(s) (Oct 2015) 52.203-17- Contractor Employee Whistleblower Rights and Requirement To Inform Employees of

Whistleblower Rights (Apr 2014) 52.203-19- Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) 52.204-4 - Printed or Copied Double-Sided on Recycled Paper (May 2011) 52.204-9 - Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) 52.204-13 - System for Award Management Maintenance (Oct 2016) 52.204-15 - Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) 52.209-6 - Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-9 - Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) 52.209-10 - Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015) 52.210-1 - Market Research (Apr 2011) 52.215-2 – Audit and Records - Negotiation (Oct 2010) 52.215-8 - Order of Precedence - Uniform Contract Format (Oct 1997) 52.219-4 - Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) 52.219-8 - Utilization of Small Business Concerns (Jan 2011) 52.219-9 - Small Business Subcontracting Plan (Jan 2017) 52.219-16 - Liquidated Damages -- Subcontracting Plan (Jan 1999) 52.219-28 - Post-Award Small Business Program Representation (Jul 2013) 52.222-1 - Notice to the Government of Labor Disputes (Feb 1997) 52.222-3 - Convict Labor (June 2003) 52.222-4 - Contract Work Hours and Safety Standards - Overtime Compensation (May 2014) 52.222-6 - Construction Wage Rate Requirements (May 2014) 52.222-7 - Withholding of Funds (May 2014) 52.222-8 - Payrolls and Basic Records (May 2014) 52.222-9 - Apprentices and Trainees (Jul 2005) 52.222-10 - Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 - Subcontracts (Labor Standards) (May 2014) 52.222-12 - Contract Termination -- Debarment (May 2014) 52.222-13 - Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014) 52.222-14 - Disputes Concerning Labor Standards (Feb 1988) 52.222-15 - Certification of Eligibility (May 2014) 52.222-21 - Prohibition of Segregated Facilities (Apr 2015) 52.222-26 - Equal Opportunity (Sep 2016) 52.222-27 - Affirmative Action Compliance Requirements for Construction (Apr 2015) http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vfhsara.htm

52.222-35 - Equal Opportunity for Veterans (Oct 2015) 52.222-36 - Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-37 - Employment Reports on Veterans (Feb 2016) 52.222-40 - Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 - Combating Trafficking in Persons (Mar 2015) 52.222-54 - Employment Eligibility Verification (Oct 2015) 52.222-55 - Minimum Wages Under Executive Order 13658 (Dec 2015) 52.222-60 - Paycheck Transparency (Executive Order 13673 (OCT 2016) 52.222-62 - Paid Sick Leave Under Executive Order 13706 (JAN 2017) 52.223-1 - Biobased Product Certification (May 2012) 52.223-2 - Affirmative Procurement of Biobased Products Under Service And Construction Contracts

(Sep 2013) 52.223-3 - Hazardous Material Identification and Material Safety Data (Jan 1997) 52.223-5 - Pollution Prevention and Right-to-Know Information (May 2011) 52.223-6 - Drug-Free Workplace (May 2001) 52.223-11 - Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) 52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.223-21 - Foams (Jun 2016) 52.223-22 - Public Disclosure of Greenhouse Gas Emissions and Reduction Goals, Representation (Dec

2016) 52.227-1 - Authorization and Consent (Dec 2007) 52.227-2 - Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) 52.227-4 - Patent Indemnity -- Construction Contracts (Dec 2007) 52.227-17 - Rights in Data - Special Works (Dec 2007) 52.227-23 - Rights to Proposal Data (Technical) (Jun 1987) 52.228-2 - Additional Bond Security (Oct 1997) 52.228-5 - Insurance -- Work on a Government Installation (Jan 1997) 52.228-11 - Pledges of Assets (Jan 2012) 52.228-12 - Prospective Subcontractor Requests for Bonds (May 2014) 52.228-14 - Irrevocable Letter of Credit (Nov 2014) 52.228-15 - Performance and Payment Bonds -- Construction (Oct 2010) 52.229-3 - Federal, State, and Local Taxes (Feb 2013) 52.232-5 - Payments under Fixed-Price Construction Contracts (May 2014) 52.232-16 - Progress Payments (Apr 2012) 52.232-17 - Interest (May 2014) 52.232-18 - Availability of Funds (Apr 1984) 52.232-23 - Assignment of Claims (May 2014) 52.232-27 - Prompt Payment for Construction Contracts (Jan 2017) 52.232-33 - Payment by Electronic Funds Transfer - System for Award Management (Jul 2013) 52.232-39 - Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 - Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 – Disputes, Alternate I (Dec 1991) 52.233-3 - Protest after Award (Aug. 1996) 52.233-4 - Applicable Law For Breach Of Contract Claim (Oct 2004) 52.236-2 - Differing Site Conditions (Apr 1984) 52.236-3 - Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-5 - Material and Workmanship (Apr 1984) 52.236-6 - Superintendence by the Contractor (Apr 1984) 52.236-7 - Permits and Responsibilities (Nov 1991) 52.236-8 - Other Contracts (Apr 1984) 52.236-9 - Protection of Existing Vegetation, Structures, Equipment, Utilities, and Im pro vem en ts

(Apr 1984) 52.236-10 - Operations and Storage Areas (Apr 1984) 52.236-11 - Use and Possession Prior to Completion (Apr 1984) 52.236-12 - Cleaning Up (Apr 1984) 52.236-13 Accident Prevention (Nov 1991)

52.236-15 - Schedules for Construction Contracts (Apr 1984) 52.236-17 - Layout of Work (Apr 1984) 52.236-23 Responsibility of the Architect-Engineer Contractor (Apr 1984) 52.236-25 Requirements for Registration of Designers (Jun 2003) 52.236-26 - Preconstruction Conference (Feb 1995) 52.236-27 - Site Visit (Construction) (Feb 1995) 52.236-28 - Preparation of Offers-Construction (Oct 1997) 52.242-13 - Bankruptcy (Jul 1995) 52.242-14 - Suspension of Work (Apr 1984) 52.243-4 - Changes (Jun 2007) 52.244-6 - Subcontracts for Commercial Items (Jan 2017) 52.246-21 - Warranty of Construction (Mar 1994) 52.248-3 - Value Engineering - Construction (Oct 2015) 52.249-2 - Termination for Convenience of the Government (Fixed- P r i c e ) (April 2012), Alternate I (Sep 1996) 52.249-10 - Default (Fixed-Price Construction) (Apr 1984) 52.253-1 - Computer Generated Forms (Jan 1991) 3052.203-70 - Instructions for Contractor Disclosure of Violations (Sep 2012) 3052.204-71 - Contractor Employee Access (Sep 2012) - Alternate II (Jun 2006) 3052.205-70 - Advertisements, Publicizing Awards, and Releases, Alt I (Sep 2012) 3052.219-70 - Small Business subcontracting plan reporting (Jun 2006) 3052.219-71 - DHS Mentor-Protégé Program (Jun 2006) 3052.222-70 - Strikes or Picketing Affecting Timely Completion of the Contract Work (Dec 2003) 3052.222-71 - Strikes or Picketing Affecting Access to DHS Facility (Dec 2003) 3052.228-70 - Insurance (Dec 2003) 3052.242-72 - Contracting Officer’s Technical Representative (Dec 2003)

52.204-21 - Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause-- “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of contract award through the contract completion date.

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

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100,000.00 per task order, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $275,000,000.00;

(2) Any order for a combination of items in excess of $275,000,000.00; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (Oct 1995)

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

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

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

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

52.225-9 -- Buy American-Construction Materials (May 2014) (Applicable to a TO valued at less than $7,358,000.00)

(a) Definitions. As used in this clause-- “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which non-availability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: NONE

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 25 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) *

Item 1 Foreign construction material Domestic construction material

Item 2 Foreign construction material Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed.