Solicitation - FA301623B0002.pdf

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

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

SOLICITATION

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

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

11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is, is not required.

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

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

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

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

12b. CALENDAR DAYS

YES NO

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

Created On: 26 Jul 2023, 09:12 AM Central Standard Time

AMOUNTS

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

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

CODE FACILITY CODE

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

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

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

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

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

Section A - Solicitation/Contract Form

REPAIR HARDEE ROAD

Proposal Identifier: FA301623B0002 Date: 26 Jul 2023

FA301623B0002

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

95% DESIGN

PoP is 56 Calendar Days including 21 Calendar Days for Government Review Period.

Product Service Code: Z2LB Pricing Arrangement: Firm Fixed Price

1 Lot

100% DESIGN

PoP is 49 Calendar Days including 21 Calendar Days for Government Review Period.

Product Service Code: Z2LB Pricing Arrangement: Firm Fixed Price

1 Lot

ISSUE FOR CONSTRUCTION (IFC)

Product Service Code: Z2LB Pricing Arrangement: Firm Fixed Price

1 Lot

CONSTRUCTION

Product Service Code: Z2LB Pricing Arrangement: Firm Fixed Price

1 Lot

Section C - Description/Specifications/Statement of Work

Requirements

REPAIR HARDEE ROAD JBSA-FSH TX

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-12 Inspection of Construction. Aug 1996

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance

DoDAAC: F2MRAA CountryCode: USA

F2MRAA 502 CES CEG

AF NO MILSBILLS PROC CP 2102213955, 2202 15TH ST STE 7

FORT SAM HOUSTON, TX 78234-5007

UNITED STATES

AIDEN VINCENT

Email: aiden.vincent@us.af.mil

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance

DoDAAC: F2MRAA CountryCode: USA

F2MRAA 502 CES CEG

AF NO MILSBILLS PROC CP 2102213955, 2202 15TH ST STE 7

FORT SAM HOUSTON, TX 78234-5007

UNITED STATES

AIDEN VINCENT

Email: aiden.vincent@us.af.mil

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance

DoDAAC: F2MRAA CountryCode: USA

F2MRAA 502 CES CEG

AF NO MILSBILLS PROC CP 2102213955, 2202 15TH ST STE 7

FORT SAM HOUSTON, TX 78234-5007

UNITED STATES

AIDEN VINCENT

Email: aiden.vincent@us.af.mil

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance

DoDAAC: F2MRAA CountryCode: USA

F2MRAA 502 CES CEG

AF NO MILSBILLS PROC CP 2102213955, 2202 15TH ST STE 7

FORT SAM HOUSTON, TX 78234-5007

UNITED STATES

AIDEN VINCENT

Email: aiden.vincent@us.af.mil

Section F - Deliveries or Performance

Overall Contract Delivery Period

From date of lead time event to beginning of performance 10 Calendar Days Date of Notice to Proceed Receipt

From date of lead time event to completion of performance 252 Calendar Days Date of Notice to Proceed Receipt

Line Item Delivery Schedule Quantity Address and POC

Delivery Schedule From date of lead time event to completion of performance 56 Calendar Days Date of Notice to Proceed Receipt

1 Lot Place of Performance DoDAAC: FA3016 CountryCode: USA

FA3016 502 CONS CL

CP 210-671-3617, 1655 SELFRIDGE AVE BLDG

JBSA LACKLAND, TX 78236-5286

UNITED STATES

ZANDRA HEARN

Email: zandra.hearn@us.af.mil

Delivery Schedule From date of lead time event to completion of performance 49 Calendar Days Date of Notice to Proceed Receipt

1 Lot Place of Performance DoDAAC: FA3016 CountryCode: USA

FA3016 502 CONS CL

CP 210-671-3617, 1655 SELFRIDGE AVE BLDG

JBSA LACKLAND, TX 78236-5286

UNITED STATES

ZANDRA HEARN

Email: zandra.hearn@us.af.mil

Delivery Schedule From date of lead time event to completion of performance 7 Calendar Days Date of Notice to Proceed Receipt

1 Lot Place of Performance DoDAAC: FA3016 CountryCode: USA

FA3016 502 CONS CL

CP 210-671-3617, 1655 SELFRIDGE AVE BLDG

JBSA LACKLAND, TX 78236-5286

UNITED STATES

ZANDRA HEARN

Email: zandra.hearn@us.af.mil

Delivery Schedule From date of lead time event to completion of performance 140 Calendar Days Date of Notice to Proceed Receipt

1 Lot Place of Performance DoDAAC: FA3016 CountryCode: USA

FA3016 502 CONS CL

CP 210-671-3617, 1655 SELFRIDGE AVE BLDG

JBSA LACKLAND, TX 78236-5286

UNITED STATES

ZANDRA HEARN

Email: zandra.hearn@us.af.mil

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.247-34 F.o.b. Destination. Nov 1991

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.247-7023 Transportation of Supplies by Sea. Jan 2023

Section G - Contract Administration Data

"NOTICE TO OFFEREOR(S)/SUPPLIER(S): FUNDS ARE NOT PRESENTLY AVAILABLE FOR THIS EFFORT.THE GOVERNMENT RESERVEST THE RIGHT TO CANCEL THIS SOLICITATION, EITHER BEFORE OR AFTERTHE CLOSING DATE. IN THE EVENT THE GOVERNMENT CANCELS THIS SOLICITATION, THEGOVERNMENT HAS NO OBLIGATION TO REIMBURSE AN OFFEROR FOR ANY COSTS". IF FUNDING IS NOTAVAILABLE BY 30 SEP

2023, THE SOLICITATION WILL BE CANCELED.

Payment Instructions -

The payment office shall allocate and record the amounts paid to the accounting classification citations in the contract using the instructions posted at:

https://www.acq.osd.mil/dpap/dpars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7006 Billing Instructions-Cost Vouchers May 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Jan 2023

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

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

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

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

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

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

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

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

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

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

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

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

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

Protocol.

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

WAWF for this contract or task or delivery order:

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

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

(ii) For fixed price line items-

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

Construction and Facilities Management Invoice

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Construction and Facilities Management Invoice

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

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

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

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

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

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

when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F88700

Issue By DoDAAC FA3016

Admin DoDAAC FA3016

Inspect By DoDAAC FA3016

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) FA3016

Service Acceptor (DoDAAC) FA3016

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

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

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

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

(g) WAWF point of contact.

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

laurenkallen.harper.1@us.af.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section H - Special Contract Requirements

Section I - Contract Clauses

Number Title Effective Date

52.249-2 Alt 1 Termination for Convenience of the Government (Fixed-Price) SEP 1996

FAR Clauses Incorporated by Full Text

52.204-27 Prohibition on a ByteDance Covered Application.

As prescribed in 4.2203, insert the following clause:

Prohibition on a ByteDance Covered Application (Jun 2023)

(a) Definitions. As used in this clause--

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)--

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use--

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23- 13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.219-28 Post-Award Small Business Program Rerepresentation.

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

Post-Award Small Business Program Rerepresentation (Mar 2023)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including . However, the term does not include contracts that exceed options five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at

, to Extend Services, or other appropriate authority.52.217-8 Option

FA301623B0002

https://www.acquisition.gov/far/part-19#FAR_19_309 https://www.acquisition.gov/far/part-52#FAR_52_217_8

Small business concern--

(1) Means a concern, including its , that is independently owned and operated, not dominant in its field of operation, and qualified as a small affiliates business under the criteria in and the size standard in paragraph (d) of this clause. 13 CFR part 121

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the identified in (a)(3) prior to award of this contract, the Contractor small business concerns 19.000 rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon shall occurrence of any of the following:

(1) Within 30 days after execution of a or within 30 days after modification of the contract to include this clause, if the novation agreement novation was executed prior to inclusion of this clause in the contract.agreement

(2) Within 30 days after a merger or that does not require a novation or within 30 days after modification of the contract to include this acquisition clause, if the merger or occurred prior to inclusion of this clause in the contract. acquisition

(3) For - long-term contracts

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any thereafter. option

(c) If the Contractor represented that it was any of the identified in (a)(3) prior to award of this contract, the Contractor small business concerns 19.000 rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when theshall explicitly requires it for an order issued under a .Contracting Officer multiple-award contract

(d) The Contractor rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to shall the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at . https://www.sba.gov/document/support--table-size-standards

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a or service contract, is 500 employees, or 150 employees for value-added resellers under NAICS code construction information technology 541519, if the -- acquisition

(1) Was set aside for small business and has a value above the ; simplified acquisition threshold

(2) Used the price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or HUBZone

(3) Was an 8(a), , service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside HUBZone or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor make the representation(s) required by paragraph (b) and (c) of this clause shall by validating or updating all its representations in the Representations and Certifications section of the ) and its System for Award Management (SAM other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor notify the shall contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its for an order (see paragraph (c) of this clause), that the data have been offer validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a prior to award of this contract, the Contractor , but is not required small business concern may to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the , along with the contracting office contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it is, is not a under NAICS Code _____ assigned to contract number _____. small business concern

(2) [ .] The Contractor represents that Complete only if the Contractor represented itself as a in paragraph (h)(1) of this clause small business concern it is, is not, a as defined in . small disadvantaged business concern 13 CFR 124.1002

(3) [ ] The Contractor represents that Complete only if the Contractor represented itself as a in paragraph (h)(1) of this clause. small business concern it is, is not a women-owned . small business concern

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it is, is not a joint venture that complies with the requirements of through . [ 13 CFR 127.506(a) (c) The Contractor enter the name and of shall unique entity identifier

__.]each party to the joint venture:

FA301623B0002

https://www.ecfr.gov/current/title-13/part-121 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.sba.gov/document/support--table-size-standards https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c)

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it is, is not a joint venture that complies with the requirements of through . [ 13 CFR 127.506(a) (c) The Contractor enter the name and of each shall unique entity identifier

__ .]party to the joint venture:

(6) [ ] The Contractor represents that Complete only if the Contractor represented itself as a in paragraph (h)(1) of this clause. small business concern it is, is not a veteran-owned . small business concern

(7) [ ] The Contractor Complete only if the Contractor represented itself as a veteran-owned in paragraph (h)(6) of this clause. small business concern represents that it is, is not a . service-disabled veteran-owned small business concern

(8) [ ] The Contractor represents Complete only if the Contractor represented itself as a in paragraph (h)(1) of this clause. small business concern that--

(i) It is, is not a listed, on the date of this representation, on the List of Qualified HUBZone small business concern HUBZone Small Business maintained by the Small Business Administration, and no material changes in ownership and control, principal office, orConcerns HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this HUBZone clause is accurate for each participating in the joint venture. [ HUBZone small business concern HUBZone The Contractor enter the names of shall

] Eacheach of the participating in the joint venture: _____. HUBZone small business concerns HUBZone HUBZone small business concern participating in the joint venture submit a separate signed copy of the representation. HUBZone shall HUBZone

[ ] Contractor to sign and date and insert authorized signer's name and title.____________________________

(End of clause)

52.228-15 Performance and Payment Bonds- Construction.

As prescribed in 28.102-3(a), insert a clause substantially as follows:

PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (APR 2020) (DEVIATION2020-O0016)

(a) Definitions. As used in this clause--

Originalcontract price meansthe award priceof the contract; or, for requirements contracts, the price payable forthe estimated total quantity;

or, for indefinite-quantity contracts, the pricepayable for the specified minimum quantity. Original contract price does notinclude the price of any options, except those options exercised at the time ofcontract award.

(b) Amount of required bonds . Unless the resulting contract price is $150,000 or less, thesuccessful offeror shall furnish performance and payment bonds to theContracting Officer as follows:

(1) Performance bonds (Standard Form 25, except that no seal is required). The penal amount of performance bonds at the time of contract award shall be 100percent of the original contract price.

(2) 25A except that no seal is required). The penal amount of payment bonds at thetime of contract award shall Payment bonds(Standard Form , be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

FA301623B0002

https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.gsa.gov/forms-library/performance-bond

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security forbonds. The bonds shall be in theform of firm commitment, supported by corporate sureties whose names appear onthe list contained in Treasury Department Circular 570, individual sureties, orby other acceptable security such as postal money order, certified check,cashier's check, irrevocable letter of credit, or, in accordance with TreasuryDepartment regulations, certain bonds or notes of the United States.

Treasury Circular 570 is published in the or may be obtained from the U.S. Department of the Treasury, FinancialManagement FederalRegister

Service, Surety Bond Branch,3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via theinternet at http://www.fms.treas.gov /c570/.

(e) Notice of subcontractorwaiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond isvoid unless it is in writing, signed by the person whose right is waived, andexecuted after such person has first furnished labor or material for use in theperformance of the contract.

(End of clause)

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.202-1 Definitions. Jun 2020 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. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020 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. Jun 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

Jun 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. May 2011 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-14 Service Contract Reporting Requirements. Oct 2016 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

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

Nov 2021

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

Nov 2021

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

Nov 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.211-13 Time Extensions. Sep 2000 52.214-26 Audit and Records-Sealed Bidding. Jun 2020 52.214-29 Order of Precedence-Sealed Bidding. Jan 1986 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.219-8 Deviation 2023-O0002 Utilization of Small Business Concerns (DEVIATION 2023-O0002) Dec 2022 52.222-3 Convict Labor. Jun 2003 52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation. May 2018 52.222-6 Construction Wage Rate Requirements. Aug 2018 52.222-7 Withholding of Funds. May 2014 52.222-8 Payrolls and Basic Records. Jul 2021

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 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-37 Employment Reports on Veterans. Jun 2020 52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-54 Employment Eligibility Verification. May 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. Jan 2022 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2022

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

Sep 2013

52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.223-6 Drug-Free Workplace. May 2001

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

Aug 2018

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.227-1 Authorization and Consent. Jun 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. Jun 2020 52.227-4 Patent Indemnity-Construction Contracts. Dec 2007 52.228-2 Additional Bond Security. Oct 1997 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.228-12 Prospective Subcontractor Requests for Bonds. Dec 2022 52.228-14 Irrevocable Letter of Credit. Nov 2014 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.232-17 Interest. May 2014 52.232-23 Assignment of Claims. May 2014 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-1 Disputes. May 2014 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 Improvements.

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 52.236-14 Availability and Use of Utility Services. Apr 1984 52.236-15 Schedules for Construction Contracts. Apr 1984 52.236-17 Layout of Work. Apr 1984 52.236-21 Specifications and Drawings for Construction. Feb 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 Products and Commercial Services. Jun 2023 52.249-10 Default (Fixed-Price Construction). Apr 1984 52.253-1 Computer Generated Forms. Jan 1991

DFARS Clauses Incorporated by Reference

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

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

Jan 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7003 Control of Government Personnel Work Product. Apr 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

Jan 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

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

Jan 2023

252.205-7000 Provision of Information to Cooperative Agreement Holders. Dec 1991

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

May 2019

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.223-7004 Drug-Free Work Force. Sep 1988 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.227-7022 Government Rights (Unlimited). Mar 1979 252.227-7033 Rights in Shop Drawings. Apr 1966 252.232-7010 Levies on Contract Payments. Dec 2006 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Jan 2023

FAR Clauses Incorporated by Full Text

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

As prescribed in , insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The 11.404(b) clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.

Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within calendar days after the date the Contractor receives the notice to 10 proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than time stated for 252 calendar days. The completion shall include final cleanup of the premises.

(End of clause)

52.211-12 Liquidated Damages-Construction. Sep 2000

As prescribed in , insert the following clause in solicitations and contracts:11.503(b)

Liquidated Damages-Construction (Sept 2000)

If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the (a) Government in the amount of for each calendar day of delay until the work is completed or accepted.$770.00

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

(End of clause)

52.219-14 Deviation 2021-O0008 Limitations on Subcontracting (DEVIATION 2021-O0008) Feb 2023

52.219-14 Limitations on Subcontracting (DEVIATION 2021-O0008)

Use the following clause in lieu of the Federal Acquisition Regulation (FAR) clause 52.219-14, as prescribed at FAR 19.507(e):

LIMITATIONS ON SUBCONTRACTING (FEB 2023) (DEVIATION 2021-O0008)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) , as used in this clause, means a first-tier subcontractor, including an independent contractor, that--Definition. Similarly situated entity

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) This clause applies only to--Applicability.

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are--

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are--

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b) (2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) An independent contractor shall be considered a subcontractor.Independent contractors.

(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract Limitations on subcontracting.

assigned a North American Industry Classification System (NAICS) code for--

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. The following services may be excluded from the 50 percent limitation:

(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.

(ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause--

[Contracting Officer check as appropriate.]

[ ] By the end of the base term of the contract and then by the end of each subsequent option period; or

[X] By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

52.219-30 Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program. Oct 2022

As prescribed in (b), insert the following clause:19.1508

Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022)

As used in this clause-(a) Definitions.

(in accordance with 13 CFR part 127), as used in this clause, Women-owned small business (WOSB) concern eligible under the WOSB Program means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300 as a WOSB. A certified EDWOSB is automatically eligible as a certified WOSB.

means a secure, Web-based application that collects, stores, and disseminates documents to the contracting community WOSB Program Repository and SBA, which verify the eligibility of a business concern for a contract to be awarded under the WOSB Program.

. This clause applies only to-(b) Applicability

Contracts that have been set aside for, or awarded on a sole-source basis to, WOSB concerns eligible under the WOSB Program;(1)

Part or parts of a multiple-award contract that have been set aside for WOSB concerns eligible under the WOSB Program; (2)

Orders set aside for WOSB concerns eligible under the WOSB Program, under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(3) (i)(F); and

Orders issued directly to WOSB concerns eligible under the WOSB Program under multiple-award contracts as described in 19.504(c)(1)(ii).(4)

(c) General.

For WOSB set-aside procurements, offers are solicited only from certified WOSB concerns eligible under the WOSB Program or WOSB concerns (1) with a pending application for certification status in the Dynamic Small Business Search (DSBS).

For WOSB sole-source awards, offers are solicited only from certified WOSB concerns.(2)

Offers received from other concerns shall not be considered.(3)

Any award resulting from this solicitation will be made to a certified WOSB concern eligible under the WOSB Program.(4)

A joint venture may be considered a WOSB concern eligible under the WOSB Program if-(d) Joint venture.

At least one party to the joint venture complies with the criteria defined in paragraph (a) and (c)(3) of this clause, and 13 CFR 127.506(c); and(1)

Each party to the joint venture qualifies as small under the size standard for the solicitation, or the protege is small under the size standard for the (2) solicitation in a joint venture comprised of a mentor and protege with an approved mentor-protege agreement under the SBA mentor-protege program.

In a joint venture that complies with paragraph (d) of this clause, the WOSB party or parties to the joint venture shall perform at least 40 percent of (e) the work performed by the joint venture. Work performed by the WOSB party or parties to the joint venture must be more than administrative functions.

(End of clause)

52.223-3 Hazardous Material Identification and Material Safety Data. Feb 2021

As prescribed in , insert the following clause:23.303

HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021)

"Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (a) (including revisions adopted during the term of the contract).

The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous (b) material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert )None Identification No.

This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under (c) this contract is hazardous.

The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the (d) requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.313, which renders incomplete or (e) inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or (f) liability for the safety of Government, Contractor, or subcontractor personnel or property.

Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, (g) and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

The Government's rights in data furnished under this contract with respect to hazardous material are as follows:(h)

To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-(1)

Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;(i)

Obtain medical treatment for those affected by the material; and(ii)

Have others use, duplicate, and…