KO signed Award W911SG20C0020 9.22.20.pdf

0011486142-0004

Project Title: Bldg 1043, Repair Sew er Performance and payment bonds are required (see clause at FAR 52.228-15) This requirement w ill be set aside to an SDVOSB contractor recommended by the SBA under NAICS 237110 w ith a small business size standard of $39.5M.

The estimated magnitude of construction for this project is betw een $25,000 and $100,000.

The aw ardee of this contract w ill be required to provide a Superintendent at all times w ork is being performed on the project (see clause at FAR 52.236-6). The Superintendent is considered a key position. This position SHALL NOT be subcontracted and must w ork directly for the prime contractor.

Resulting contract w ill be Firm-Fixed-Price (FFP).

SEONE JONES

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

23-Sep-2020

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______5 calendar days and complete it w ithin ________90 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________06 Jul 2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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, X is not required.

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

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

W911SG20C0020

7. ISSUED BY CODE

MICC - FORT BLISS

111 PERSHING RD

FT BLISS TX 79916

W911SG

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

12:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: (915) 569-7596 TEL: FAX:

W911SG20R00390003 61

See Item 7

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE

5GNM9

FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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 NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

SEE SCHEDULE

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

$52,349.81 See Schedule

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE HQ049027. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

DFAS - COLUMBUS CENTER

ELECTRONIC INVOICING REQUIRED

SEE THIRD PARTY PAYMENT SYSTEM

COLUMBUS OH 43236-9022

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

SOUTHWEST GENERAL CONSTRUCTION, INC

455 N ARCHULETA RD

LAS CRUCES NM 88005-4108

15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.)1 Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract. REF: See Proposal dated

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print) Rhonda Richardson / CS

TEL: 915-568-5150 EMAIL: rhonda.m.richardson4.civ@mail.mil

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY 23-Sep-2020

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENTX

(M ust be fully completed by offeror)OFFER

FOUO//UNCLASSIFIED

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job $52,349.81 $52,349.81

REPLACE SEWER LINE IN BLDG 1043

FFP

The contractor shall furnish all labor, material, equipment, tools, transportation, performance and payment bonds and supplies necessary to complete the work according to the contract. The project consists of replacing or repairing Sewer Lines under building 1043. The project is on the Fort Bliss Military Reservation and shall be executed IAW the SOW, specifications and drawings attached herein.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011486142-0004

PSC CD: Z2JZ

NET AMT $52,349.81

ACRN AA

CIN: GFEBS001148614200001

$52,349.81

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 23-SEP-2020 TO

22-DEC-2020

N/A DIRECTORATE OF PUBLIC WORKS

(DPW)

ATTN: JASON BONHAM

BLDG 777, 1733 PLEASONTON

FORT BLISS TX 79916

915-569-7608 FOB: Destination

W45C21

Section 00100 - Bidding Schedule/Instructions to Bidders

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS

(1) POINT OF CONTACT (POC):

Seone Michael Jones, Contract Specialist Tel: 915-568-1949 Email: seone.m.jones.civ@mail.mil

(2) SITE VISIT: *****A site visit is scheduled for 23 June 2020 at 9:00AM MST. We will meet in the parking lot of building 1043.****

(3) Due to Covid 19, no site visit is scheduled, however, if one is needed, coordination will made to ensure safety precautions. Questions will not be answered during the site visit. Please submit written questions in accordance with number 3 (below) of this instructions to offerors section.

Note: Remarks and explanations made by the Government representatives during the course of the site visit, whether orally or in writing, shall not change or qualify any of the terms or conditions of this solicitation. The solicitation can only be changed by a formal, written amendment issued by the Contracting Officer (KO).

(4) REQUEST FOR INFORMATION (RFI): All offeror inquiries or questions shall be submitted in writing electronically to Seone Michael Jones at seone.m.jones.civ@mail.mil and KO, Rhonda Richardson, rhonda.m.richardson4.civ@mail.mil no later than 26 June 2020 at 1300 MST. An amendment will then be issued with all questions and answers.

(5) PROPOSAL DUE DATE: Proposals are due no later than 12:00 P.M. MST on 13 July 2020.

Proposals shall be emailed to both seone.m.jones.civ@mail.mil and rhonda.m.richardson4.civ@mail.mil Proposals SHALL include the following in order to be considered:

• Cover sheet on company letterhead with your DUNS number, CAGE code, Tax ID, and primary point of contact information;

• Signed and completed Standard Form 1442 along with any amendments;

• Detailed breakdown of proposal (template proposal breakdown to be provided as a separate attachment). Template provided shall be used as a basis for your proposal.

Please note no lump sum and/or lots shall be provided. Proposal shall include a clear breakdown of all materials, equipment, labor;

• Subcontractor List; and

• Project Schedule.

Please note that all correspondence via e-mail shall contain a subject line that reads, “Sewer Repair Bldg. 1043, W911SG20R0039”. If sending attachments via e-mail, ensure only .pdf, .doc or .xls documents are sent. In the body of the email please ensure to list the number of attachments submitted.

It is the Contractor’s responsibility to verify all emails along with all attachments are received by the Contract Specialist listed above.

5. SYSTEM FOR AWARD MANAGEMENT (SAM): Offeror must be registered in the database IAW FAR 52.204-7 in order to be awarded a contract and have the applicable NAICS code listed in FAR 52.219- 1(c), Small Business Program Representations (Alternate I), Representations.

EVALUATION FACTORS FOR AWARD

The Government will award a contract resulting from this solicitation using the evaluation method “Lowest Price Technically Acceptable.” This method is appropriate when best value is expected to result from selection of the technically acceptable offer with the lowest evaluated reasonable price.

Offers will be evaluated for acceptability but not ranked using the non-price factors. Evaluation factors and significant sub factors that establish the requirements of acceptability are set forth below. Award will be made on the basis of the lowest evaluated reasonable price of proposals meeting the acceptability standards for non-price factors (FAR 15.101-2). The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from price, technical and past performance. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. The Government reserves the right to waive informalities and minor irregularities in offers received. If a minor clerical error has occurred, then the ortunity to correct the minor error within the constraints of the "clarifications" process.

This solicitation is for a firm, fixed price construction contract. Award shall be made to the technically acceptable offer that provides the lowest reasonable price. The Government intends to award a contract to one offeror deemed responsible in accordance with Federal Acquisition Regulation (FAR 9.1).

Offerors are required to submit technical proposals addressing the Evaluation Factors and Sub-Factors identified. The procurement is being conducted utilizing the Lowest Price Technically Acceptable (LPTA) source selection process in accordance with FAR 15.101-2. Proposal will be evaluated for acceptability, but not ranked, using the non-price evaluation factors. Award will be made on the basis of the lowest evaluated reasonable price of proposals meeting the acceptability standards for non-price factors. There shall be no trade-offs. Offers evaluated as not Technically Acceptable will not be eligible for award, regardless of price.

The proposal must set forth full, accurate and complete information as required by the solicitation. The Government will rely on such information for the award of the contract. By submission of the offer, the Offeror agrees that all items proposed will be utilized for the duration of the contract and any substitutions will require prior Contracting Officer's approval.

The offeror shall be held responsible for the validity of all information supplied in the proposal, including the information provided by potential subcontractors. Should subsequent investigation disclose that the facts and conditions were not as stated, the proposal may be rejected.

To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of two (2) separate parts; Part I –Technical Proposal - Part II - Price Proposal.

The Government’s technical evaluation team will evaluate the technical proposals on an acceptable or unacceptable basis, assigning one of the ratings described below for each subfactor. Any subfactor evaluated as “Unacceptable” will render the entire proposal unacceptable and, therefore, unawardable.

Only those proposals determined to be technically acceptable, at time of award, will be considered for award. However, the offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

TABLE 1 - TECHNICAL RATINGS

Rating Description

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

This solicitation requires the evaluation of price and the following non-price factors Factor 1: Technical – Evaluation of this factor will be based on the offeror's submission of a project schedule that demonstrates the offeror's understanding of the work requirement including estimated timeframes for ordering supplies and completing construction.

Sub-factor:

a. Experience – Previous experience will be evaluated as “Acceptable or Non-Acceptable”. To be acceptable, offerors must provide information demonstrating they have successfully performed as prime contractor within the last three (3) years* on at least one (1) construction project of equal or greater size and complexity and magnitude within the same or similar scope of work as identified in this solicitation. Past performance information shall be obtained by the Contract Specialist from any other sources available to the Government to include, but not limited to, PPIRS or other databases.

*The three (3) years shall be calculated from the solicitation issue date.

**Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.” Aspects of Past Performance Evaluation: The past performance evaluation results are an assessment of the offeror’s probability of meeting the minimum past performance solicitation requirements. This assessment is based on the offeror’s record of relevant and recent past performance information that pertains to the requirements outlined in the solicitation.

Factor 2: Price – Prices will be evaluated for reasonableness through a comprehensive comparison of each proposal received. Reasonableness will be determined based on prices submitted by the competition, current market conditions, and comparison to the Government estimate. Prices will also be evaluated to determine if they are either excessive or insufficient for the effort to be accomplished, and for any unbalanced areas within the offeror's pricing proposal. A price that is too low or too high may endanger the proposal's opportunity for award of a contract.

Each proposal shall be evaluated to ensure that all information provided in the RFP has been addressed, is accurate and complete.

SPECIAL CONTRACT REQUIREMENTS

SPECIAL CONTRACT REQUIREMENTS

1. PERFORMANCE AND PAYMENT BONDS FOR CONSTRUCTION CONTRACTS AND

MODIFICATIONS

The Contractor shall provide Payment Bonds identified in FAR 52.228-15, Performance and Payment

Rating Description

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.)

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Bonds, within the time specified in Block 12b of the SF 1442 (Far 28.102-1(b)(1)). Failure to provide executable documents within the stipulated timeframe may result in a payment delay or a termination action.

FAR 52.228-2, Additional Bonds Security, requires the Contractor to promptly furnish additional security if (a) Any surety upon any bond, or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government;(b) Any surety fails to furnish reports on its financial condition as required by the Government; (c) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the Contracting Officer; or (d) An irrevocable letter of credit (ILC) used as security will expire before the end of the period of required security. If the Contractor does not furnish an acceptable extension or replacement ILC, or other acceptable substitute, at least 30 days before an ILC’s scheduled expiration, the Contracting officer has the right to immediately draw on the ILC.

* AWARD OF CONTRACT AND NOTICE TO PROCEED (NTP)

Generally, a 30-day mobilization period will be authorized at the beginning of the period of performance to allow for pre-construction tasks (this time is allocated for the contractor’s use in submission of performance and payment bonds (see Block 12a and 12b of the SF 1442 and FAR 52.228-15), submission of the progress schedule (FAR 52.236-15), notifications to the State for special construction requirements, requesting dig permits, material submittals and subcontractor agreements).

A Notice to Proceed will be given only after approval of required payment protection submitted in accordance with FAR Subpart 28. Standard Forms 25 and 25A are available at http://www.gsa.gov/Portal/gsa/ep/formslibrary. No billable work shall commence under this contract/ modification until after the contractor receives the NTP.

Work shall commence on the job site no later than the 5 calendar days following the date of Notice to Proceed, and all construction and contractual requirements shall be completed no later than the ending date of the period of performance cited in this contract.

* CONSTRUCTION CONTRACT PROGRESS PAYMENT REQUESTS

The Contractor shall read and be familiar with FAR Clause 52.232-5, Payments Under Fixed Price Construction Contracts, and 52.232-27, Prompt Payment for Construction Contracts.

FAR Clause 52.232-5 stipulates that the Government shall make progress payments monthly as work proceeds.

Each progress payment request shall include all of the elements delineated at sub-paragraph (b)(1)(i)-(v).

Failure to comply with the minimum requirements in this reference will result in immediate rejection of the invoice until corrected.

Further sub-paragraph (e), Retainage, will be enforced. Relating back to the requirements for an appropriately detailed progress schedule, progress reports and progress payment requests shall be prepared in the same format as the approved progress schedule. Every definable element of work will be shown on every progress report and every payment request. For every element of work not completed by the approved time (late performance), the Contracting Officer will retain the maximum 10% of the amount of the payment of each incident of late performance until the work is satisfactorily completed and inspected in accordance with instructions and standards identified elsewhere in this contract.

Further, sub-paragraph (g), Reimbursement for bond premiums, will be enforced. The contractor shall provide evidence of payment of bond premiums paid to the surety (including coinsurance and reinsurance) before being allowed to submit for reimbursement of those expenditures in a progress payment request.

FAR Clause 52.232-27 (a)(i)(A) discusses the due date for making progress payments as 14 days after the designated billing office receives a PROPER payment request (see discussion above). The Contracting Officer will date/time stamp receipt of each progress payment request package when it is delivered. That date/time will mark day one of the 14-day period for payment IF there is no disagreement over quantity, quality, or contractor compliance with contract requirements. If there is a disagreement in quantity, quality, or contractor compliance with any aspects of the contract at the time of delivery of the invoice, the invoice date/time stamp will be stricken through, initialed and returned to the contractor for correction. This effectively stops the clock and it will start over when a properly executed invoice is delivered to the Contracting Officer.

In accordance with DFARS 252.232-7003, the Contracting Officer hereby determines that the following process is in compliance with DFARS: Once the invoice has been certified by the Contracting Officer, AND the contractor receives a signed copy, the contractor shall initiate a Construction Payment Invoice in WAWF, and route it directly to the COR identified in this contract. The DODAAC that will be used in preparing the

WAWF

invoice is “W45C21”. When the COR receives the WAWF invoice, he/she will verify the information submitted with the (local progress payment request form) approved invoice; if all information between the two documents is verified as correct and appropriate, the COR will perform the role of Acceptor, and approve the invoice forward to the DFAS for processing of the payment.

For contracts with a period of performance of 60 days or less the Contracting Officer has determined that no progress payment will be authorized. The Contractor shall be entitled to bill the Government for such projects only after completing a final inspection (and clearing any punch list generated), completion of any applicable O&M classes (to be coordinated with the COR), submission of final paperwork (i.e., as built drawings, DD 1354), and after confirming all certified payroll records have been submitted to the Government.

For projects negotiated with a longer performance period, progress payments are authorized one time each month, up to 80% of the project cost, but only after approval of a construction progress schedule, and only in the amounts verified on subsequently approved progress reports. Progress payment invoices will not be processed in the same week as the progress report is submitted. No progress payments are authorized above 80% of the contract value.

* AVAILABILITY AND USE OF UTILITY SERVICES

a.) In accordance with FAR Clause 52.236-14, Availability and Use of Utility Services, water and electricity are furnished by the Government for the Contractor's use at no charge and in the performance of construction work at the job site, but only to the extent that their use is necessary to complete the work and the utilities are readily available at the site. Any usage of these utilities beyond what is needed to complete construction work at the job site or exceeds that which is readily available at the job site, and approved for use by the Contracting Officer, shall be furnished by the Contractor at its own expense.

These utilities are provided provisionally and only to the extent that is necessary to facilitate the work.

This authority can be revoked if the Government witnesses that utilities are being wasted; e.g., lights being left on when no work is being done or water is being left on unattended for any extended amount of time. Failure of the Contractor to comply with this request to conserve and preserve these utilities will result in the Contractor entering into individual metering agreements at the job site and paying for the use of these utilities.

b.) In reference to FAR Clause 52.236-10, Operations and Storage Areas, SHOULD the Contractor be AUTHORIZED to establish a field operations office or a temporary staging area under this contract, it shall be responsible for consumption of available utilities. Prior to commencement of work under the contract, the contractor shall sign a utility metering agreement with the installation Directorate of Public Works Utilities Section. Prior to final payment under the contract, the contractor shall pay any outstanding utility charges and provide a copy of the paid invoice to the Contracting Officer as evidence of compliance. . If the solicitation does not provide for such arrangements, and the contractor did not receive separate approval for the establishment of such facilities/space from the Contracting Officer, no such authorization is assumed. Any costs incurred for the establishment of field operations facilities after contract award are made solely at the contractor’s cost, and without compensation by the Government.

There shall be no squatting on the job site.

* WRITTEN GUARANTEES AND GUARANTOR'S REPRESENTATIVE

The Government is entitled to all standard commercially offered warranties/guarantees. The Contractor shall obtain all warranties, have them executed in writing, and furnish them to the Contracting Officer prior to final inspection. Additionally, the documentation shall include the name, address, and telephone number of the guarantor's representative responsible for the guarantee during the warranted period, and who will provide warranty related services covered by the warranty/guarantee. The existence of any commercial manufacturer’s warranties does not relieve the contractor of responsibilities identified in FAR clause 52.246-21.

* DOCUMENTATION TO SUPPORT SUBCONTRACT AWARDS

• Within five calendar days after the award of any subcontract, the Contractor shall deliver a completed

SF

Form 1413 (Statement and Acknowledgment) to the Contracting Officer. Each subcontract shall contain, as a minimum, the Contract Number, Task Order Number (if applicable), and Title. The subcontract must clearly identify what the subcontractor will be performing in relation to other trades on the job. All subcontracts shall contain the anticipated period of performance that correlates with the approved Progress Schedule for that Division of work. A sample format shall be submitted for Contracting Officer approval prior to commencement of work under this contract.

b) FAR Clause 52.222-11, entitled "Subcontracts (Labor Standards)", requires that the clauses listed therein be physically inserted in all subcontracts. However, if the Contractor subcontracts by means of purchase orders or other informal types of contractual situations, compliance will be considered provided if clauses are attached to the subcontract form. Written acknowledgement by the subcontractor of these Labor Standards is required. Incorporation by reference does not constitute compliance.

* RELATIONSHIP BETWEEN GOVERNMENT, CONTRACTOR AND CONTRACTOR PERSONNEL

• The Government and the Contractor understand and agree that the services to be delivered under this contract are non-personal services and that no employer-employee or master-servant relationship exists or will exist under the contract between the Government and the Contractor or between the Government and the Contractor's personnel. Further, the Contractor is not the Government's agent.

• The Government will not exercise any supervision or control over Contractor personnel performing services under this contract. Contractor personnel shall not become an integrated part of the Government organization in connection with performance under this contract.

• The work required under this contract does not require or authorize the Contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees shall act and exercise personal judgment and discretion on behalf of the Contractor.

• Contractor personnel shall not be eligible, by virtue of performance under this contract, for payment by the Government of entitlements and benefits accorded federal employees. The entire consideration to the Contractor for performance of this contract is contained in the provisions for payment set forth in this contract.

AMC LEVEL PROTEST

AMC Agency Level Protest If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters (HQ), Army Materiel Command (AMC). The HQ AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office (GAO) or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the HQ AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution.

Headquarters U.S. Army Materiel Command Office of Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840

Packages sent by FedEx or UPS should be addressed to:

Headquarters U.S. Army Materiel Command Office of Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, A Fax: (256) 450-8840

Section 00700 - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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 52.204-2 Alt II Security Requirements (Aug 1996) - Alternate II APR 1984 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

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

JUL 2018

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

AUG 2019

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

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-11 Liquidated Damages--Supplies, Services, or Research and Development

SEP 2000

52.211-13 Time Extensions SEP 2000 52.219-27 (Dev) Notice of Service-Disabled Veteran-Owned Small Business

Set-Aside (DEVIATION 2020-O0008).

MAR 2020

52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 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 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment

Exceeding $15,000

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 JUL 2014 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans JUN 2020 52.222-50 Combating Trafficking in Persons JAN 2019

52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-9 Buy American--Construction Materials MAY 2014 52.225-9 Buy American--Construction Materials MAY 2014 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-11 (Dev) Pledges of Assets (DEVIATION 2020-O0016) APR 2020 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-13 Alternative Payment Protections JUL 2000 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.228-15 (Dev) Performance and Payment Bonds-Construction. (Deviation

2020-O0016)

APR 2020

52.228-15 (Dev) Performance and Payment Bonds-Construction. (Deviation 2020-O0016)

APR 2020

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-16 (Dev) Progress Payments (DEVIATION 2020-O0010) MAR 2020 52.232-17 Interest MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

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 MAY 2014 52.233-3 Protest After Award AUG 1996 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 52.236-4 Physical Data 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 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-14 Availability and Use of Utility Services APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Items AUG 2019 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-12 Inspection of Construction AUG 1996 52.246-13 Inspection--Dismantling, Demolition, or Removal of

Improvements

AUG 1996

52.246-21 Warranty of Construction MAR 1994 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991

52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7004 DOD Progress Payment Rates OCT 2014 252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

CLAUSES INCORPORATED BY FULL TEXT

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

(End of clause)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within five (5) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 calendar days after the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAY 2020)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed 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 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

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

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

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

(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 option thereafter.

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

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to 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 a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

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

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required 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 contracting office, along with the contract number and the date on which the rerepresentation was completed:

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

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

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

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.

[The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

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

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

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

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

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

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

``Active duty wartime or campaign badge veteran,'' ``Armed Forces service medal veteran,'' ``disabled veteran,'' ``protected veteran,'' ``qualified disabled veteran,'' and ``recently separated veteran'' have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

(a) “Irrevocable letter of credit” (ILC), as used in this clause, means a written commitment by a federally insured financial institution to pay all or part of a stated amount of money, until the expiration date of the letter, upon presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor the offeror/Contractor can revoke or condition the letter of credit.

(b) If the offeror intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as performance and payment bonds, the letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used.

(c) The letter of credit shall be irrevocable, shall require presentation of no document other than a written demand and the ILC (including confirming letter, if any), shall be issued/confirmed by an acceptable federally insured financial institution as provided in paragraph (d) of this clause, and--

(1) If used as a bid guarantee, the ILC shall expire no earlier than 60 days after the close of the bid acceptance period;

(2) If used as an alternative to corporate or individual sureties as security for a performance or payment bond, the offeror/Contractor may submit an ILC with an initial expiration date estimated to cover the entire period for which financial security is required or may submit an ILC with an initial expiration date that is a minimum period of one year from the date of issuance.