N6274224R1321_AMD01.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

RFP N62742-24-R-1321 PACIFIC DETERRENCE INITIATIVE MULTIPLE AWARD CONSTRUCTION CONTRACT, VARIOUS LOCATIONS, INDO-PACIFIC

Continued on Page 2.

1. CONTRACT ID CODE PAGE OF PAGES

1 2

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N6274224R1321

X 9B. DATED (SEE ITEM 11)

25-Jun-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

26-Jul-2024

CODE

NAVFAC PACIFIC

CONSTR CONTRACTS BRANCH (CODE ACQ33)

258 MAKALAPA DR STE 100

JBPHH HI 96860-3134

N62742 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

RFP No. N6274224R1321 Amendment No. 0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SOLICITATION, OFFER, AND AWARD (SF1442)

Delete in its entirety and replace with the attached SOLICITATION, OFFER, AND AWARD (SF1442).

DOCUMENT 00 21 16 TABLE OF CONTENTS

Remove and replace with attached Document 00 21 16 TABLE OF CONTENTS.

DOCUMENT 00 70 00, NEGOTIATED CONTRACT CLAUSES

Remove in its entirety, and replace with the attached Document 00 70 00, Negotiated Contract Clauses.

RFP N62742-24-R-1321 PACIFIC DETERRENCE INITIATIVE MULTIPLE AWARD CONSTRUCTION CONTRACT, VARIOUS LOCATIONS, INDO-PACIFIC

GENERAL DESCRIPTION: SEE CONTINUATION SHEET

THIS PROCUREMENT IS UNRESTRICTED. North American Industry Classif ication System (NAICS) Code Subsection 237 - Heavy and Civil

Engineering Construction -Average Annual Receipts for the Past 3 Years--$45M. How ever may also include 236220-Commercial and

Institutional Building Construction.

DPAS RATING: DO-C2

ENFORCEABILITY OF PROPOSAL: The Government shall consider the "offeror" to be the legal entity identif ied in Block 14 of the phase-one of the proposal. The legal entity that submitted the phase-one offer shall not be changed, assigned, or otherw ise substituted prior to aw ard under any circumstances. The proposal must set forth full, accurate, and complete information as required by this solicitation. The

Government w ill rely on such information in the aw ard of a contract. By submission of the offer, the offeror agrees that all items proposed

(e.g., technical approach, subcontractors w ith teaming agreements, etc.) w ill be utilized for the duration of the contract and any substitutions after contract aw ard must be equal or better and w ill require prior approval of the Contracting Officer.

JENNIFER M. HUE (808) 471-2235

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

25-Jun-2024

(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 _______15 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Task Orders

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.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________ (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 _______150 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.

7. ISSUED BY CODE

NAVFAC PACIFIC

CONSTR CONTRACTS BRANCH (CODE ACQ33)

258 MAKALAPA DR STE 100

JBPHH HI 96860-3134

N62742

PAGE OF PAGES

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

N6274224R1321 1 OF 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 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:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

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)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

N6274224R1321

Section 00 10 00 - Solicitation

BLOCK 10 CONTINUED

DESCRIPTION OF WORK: All work under the MACC will be initiated by task orders that will be competed amongst only the MACC holders (firms awarded one of the potential contracts). The main purpose of this Pacific

Deterrence Initiative Multiple Award Construction Contract (hereinafter referred to as "PDI MACC") is to award task orders, which supports the PDI program. It is anticipated that this PDI MACC may include projects in

Australia, Papua New Guinea, Timor Leste, Micronesia, Philippines, Commonwealth of Northern Marianas Island, Midway, Wake Island, and other areas under NAVFAC Pacific cognizance. Contractors will be expected to accomplish a wide variety of Design Build (DB) and Design-Bid-Build (DBB) projects that may include new facilities, repair/renovation, and upgrades to a variety of facility types, including, but not limited to, wharves/piers, dredging, aprons, runways, fuel storage, roads, hangars, and other base infrastructure facilities. On a limited basis and incidental to construction services, Environmental Services may be required. The selected contractors will be responsible for all labor, supervision, engineering, design, materials, equipment, tools, parts, supplies, and transportation to perform all of the services described in the drawings and specifications provided for each individual project.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 15,000,000,000 Project

Pacific Deterrence Initiative

FFP

Multiple Award Construction Contract, Various Location, Indo-Pacific.

This Indefinite Delivery Indefinite Quantity (IDIQ) contract is one of the contracts under the PDI MACC. The actual amount of work to be ordered and the time of such performance will be determined by a contracting officer who will issue written task orders. The total value of all awarded contracts will not exceed

$15,000,000,000. Each contract will have a base period of 60 months and three

12-month option periods.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and

Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Project

Pacific Deterrence Initiative- COST

COST

Multiple Award Construction Contract, Various Location, Indo-Pacific.

This Indefinite Delivery Indefinite Quantity (IDIQ) contract is one of the contracts under the PDI MACC. The actual amount of work to be ordered and the time of such performance will be determined by a contracting officer who will issue written task orders. The total value of all awarded contracts will not exceed $15,000,000,000. Each contract will have a base period of 60 months and three 12-month option periods.

FOB: Destination

MAX COST

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0003 Project OPTION Pacific Deterrence Initiative - OPT1

FFP

Multiple Award Construction Contract, Various Location, Indo-Pacific.

This Indefinite Delivery Indefinite Quantity (IDIQ) contract is one of the contracts under the PDI MACC. The actual amount of work to be ordered and the time of such performance will be determined by a contracting officer who will issue written task orders. The total value of all awarded contracts will not exceed

$15,000,000,000. Each contract will have a base period of 60 months and three

12-month option periods.

FOB: Destination

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Project OPTION Pacific Deterrence Initiative- COST OPT1

COST

Multiple Award Construction Contract, Various Location, Indo-Pacific.

This Indefinite Delivery Indefinite Quantity (IDIQ) contract is one of the contracts under the PDI MACC. The actual amount of work to be ordered and the time of such performance will be determined by a contracting officer who will issue written task orders. The total value of all awarded contracts will not exceed $15,000,000,000. Each contract will have a base period of 60 months and three 12-month option periods.

FOB: Destination

MAX COST

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0005 Project OPTION Pacific Deterrence Initiative - OPT2

FFP

Multiple Award Construction Contract, Various Location, Indo-Pacific.

This Indefinite Delivery Indefinite Quantity (IDIQ) contract is one of the contracts under the PDI MACC. The actual amount of work to be ordered and the time of such performance will be determined by a contracting officer who will issue written task orders. The total value of all awarded contracts will not exceed

$15,000,000,000. Each contract will have a base period of 60 months and three

12-month option periods.

FOB: Destination

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0006 UNDEFINED Project OPTION Pacific Deterrence Initiative- COST OPT2

COST

Multiple Award Construction Contract, Various Location, Indo-Pacific.

This Indefinite Delivery Indefinite Quantity (IDIQ) contract is one of the contracts under the PDI MACC. The actual amount of work to be ordered and the time of such performance will be determined by a contracting officer who will issue written task orders. The total value of all awarded contracts will not exceed $15,000,000,000. Each contract will have a base period of 60 months and three 12-month option periods.

FOB: Destination

MAX COST

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0007 Project OPTION Pacific Deterrence Initiative - OPT3

FFP

Multiple Award Construction Contract, Various Location, Indo-Pacific.

This Indefinite Delivery Indefinite Quantity (IDIQ) contract is one of the contracts under the PDI MACC. The actual amount of work to be ordered and the time of such performance will be determined by a contracting officer who will issue written task orders. The total value of all awarded contracts will not exceed

$15,000,000,000. Each contract will have a base period of 60 months and three

12-month option periods.

FOB: Destination

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0008 UNDEFINED Project OPTION Pacific Deterrence Initiative- COST OPT3

COST

Multiple Award Construction Contract, Various Location, Indo-Pacific.

This Indefinite Delivery Indefinite Quantity (IDIQ) contract is one of the contracts under the PDI MACC. The actual amount of work to be ordered and the time of such performance will be determined by a contracting officer who will issue written task orders. The total value of all awarded contracts will not exceed $15,000,000,000. Each contract will have a base period of 60 months and three 12-month option periods.

FOB: Destination

MAX COST

PACIFIC DETERRENCE INITIATIVE MULTIPLE AWARD CONSTRUCTION CONTRACT, VARIOUS

LOCATIONS, INDO-PACIFIC

RFP N62742-24-R-1321

DOCUMENT 00 21 16 TABLE OF CONTENTS

Amendment No. 0001

DOCUMENT 00 21 16

INSTRUCTIONS TO PROPOSERS

9/23

*U = Applicable to task orders for work performed in the United States (See each applicable FAR part for the “United States” definition)

1.1 GENERAL REQUIREMENTS

1.2 NUMBER OF COPIES/TIME OF RECEIPT

1.3 INSTRUCTIONS FOR OBTAINING THE REQUEST FOR PROPOSAL

1.4 INSTRUCTIONS FOR SUBMITTING QUESTIONS REGARDING SOLICITATION

1.5 AMENDMENTS

1.6 PREAWARD SURVEY/RESPONSIBILITY DETERMINATION

1.7 PARTNERSHIPS, JOINT VENTURES (JV), LIMITED LIABILITY COMPANIES (LLC), LIMITED

PARTNERSHIPS (LP), ETC.

1.8 COST DOCUMENTATION

1.9 FAR 52.204-7, SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

1.10 FAR 52.204-16, COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

1.11 FAR 52.211-6, BRAND NAME OR EQUAL (AUG 1999)

1.12 FAR 52.211-14, NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

1.13 FAR 52.214-34, SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

1.14 FAR 52.214-35, SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

1.15 FAR 52.215-1, INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (NOV 2021)

1.16 FAR 52.216-1, TYPE OF CONTRACT (APR 1984)

1.17 FAR 52.216-27, SINGLE OR MULTIPLE AWARDS (OCT 1995)

1.18 FAR 52.222-5, CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE

WORK (MAY 2014)

1.19 FAR 52.222-23, NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

1.20 FAR 52.222-56, CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN

(OCT 2020)

1.21 FAR 52.225-12, NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS

UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE I (MAY 2014) *U

1.22 FAR 52.228-17, INDIVIDUAL SURETY—PLEDGE OF ASSETS (FEB 2021)

1.23 FAR 52.233-2, SERVICE OF PROTEST (SEP 2006)

1.24 FAR 52.236-28, PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

1.25 DFARS 252.204-7008, COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS (OCT 2016)

1.26 DFARS 252.215-7008, ONLY ONE OFFER (DEC 2022)

1.27 DFARS 252.215-7010, REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA

OTHER THAN CERTIFIED COST OR PRICING DATA – BASIC (JAN 2023)

1.28 DFARS 252.236-7008, CONTRACT PRICES--BIDDING SCHEDULES (DEC 1991)

1.29 TERRITORY OF GUAM NOTICE CONCERNING TAXES, LICENSES, WITHHOLDINGS

--End Document Table of Contents--

DOCUMENT 00 70 00 (ADVERTISE)

Amendment No. 0001

DOCUMENT 00 70 00

NEGOTIATED

CONTRACT CLAUSES

1/24

*U = Applicable to task orders for work performed in the United States (See each applicable FAR part for the “United States” definition)

1.1 FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

1.2 FAR 52.202-1, DEFINITIONS (JUN 2020)

1.3 FAR 52.203-3, GRATUITIES (APR 1984)

1.4 FAR 52.203-5, COVENANT AGAINST CONTINGENT FEES (MAY 2014)

1.5 FAR 52.203-6, RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

1.6 FAR 52.203-7, ANTI-KICKBACK PROCEDURES (JUN 2020)

1.7 FAR 52.203-8, CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY (MAY 2014)

1.8 FAR 52.203-10, PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY

2014)

1.9 FAR 52.203-12, LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JUN 2020)

1.10 FAR 52.203-13, CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021)

1.11 FAR 52.203-17, CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

1.12 FAR 52.203-19, PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN 2017)

1.13 FAR 52.204-2, SECURITY REQUIREMENTS (MAR 2021) ALTERNATE II (APR 1984)

1.14 FAR 52.204-4, PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT

PAPER (MAY 2011)

1.15 FAR 52.204-9, PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

1.16 FAR 52.204-10, REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (JUN 2020)

1.17 FAR 52.204-13, SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

1.18 FAR 52.204-18, COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

(a) Definition. As used in this clause–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics

Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO

Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the https://www.acquisition.gov/browse/index/far https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

Amendment No. 0001

DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract for each location of contract, including subcontract, performance. For contractors registered in the System for Award Management

(SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart

42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

(f) If the contract includes Federal Acquisition Regulation clause 52.204-2, Security Requirements, the contractor shall ensure that subcontractors maintain their CAGE code(s) throughout the life of the contract.

1.19 FAR 52.204-19, INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

The Contractor’s representations and certification, including those completed electronically via the System for

Award Management (SAM), are incorporated by reference into the contract.

1.20 FAR 52.204-21, BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(NOV 2021)

(a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

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

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on

National Security Systems Instruction (CNSSI) 4009).

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

https://www.acquisition.gov/far/part-42#FAR_Subpart_42_12 https://cage.dla.mil/ http://www.nato.int/structur/AC/135/main/links/contacts.htm https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx https://cage.dla.mil/ https://www.acquisition.gov/far/part-52#FAR_52_204_2 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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

(b) Safeguarding requirements and procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Executive Order 13556.

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

1.21 FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)

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

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

1.23 FAR 52.204-27, PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

1.24 FAR 52.204-30, FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS-

PROHIBITION (DEC 2023)

1.25 FAR 52.209-6, PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021)

1.26 FAR 52.209-9, UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018)

1.27 FAR 52.209-10, PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (NOV 2015)

1.28 FAR 52.210-1, MARKET RESEARCH (NOV 2021)

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

The Contractor shall be required to

(a) Commence work under this contract within 15 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 [to be completed in each task order] calendar days after notice to proceed.

The time stated for completion shall include final cleanup of the premises.

A "Notice to Proceed" is deemed to be given by the Government to the Contractor 21 calendar days after the contract award date. No formal written notice will be issued by the Government. Within 21 calendar days following the contract award date, the Contractor is obligated to submit performance and payment bonds in a form acceptable to the Government. The Government shall notify the Contractor of the acceptability of the performance and payment bonds within 5 working days of receipt of these documents. If these documents are not submitted in their proper form acceptable to the Government within 21 calendar days of contract award, any delays resulting thereby will be at the sole expense of the Contractor. The contract completion date will not be extended due to the

Amendment No. 0001

Government's review of the acceptability of the Contractor's bonds, except where the Government's review of said documents extends beyond 5 working days.

1.30 FAR 52.211-12, LIQUIDATED DAMAGES—CONSTRUCTION (SEP 2000)

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

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

1.31 FAR 52.211-13, TIME EXTENSIONS (SEP 2000)

1.32 FAR 52.211-15, DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)

1.33 FAR 52.211-18, VARIATION IN ESTIMATED QUANTITY (APR 1984)

1.34 FAR 52.215-2, AUDIT AND RECORDS--NEGOTIATION (JUN 2020)

1.35 FAR 52.215-10, PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (AUG 2011)

1.36 FAR 52.215-11, PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA--

MODIFICATIONS (DEVIATION 2022-O0001) (OCT 2021)

1.37 FAR 52.215-12, SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (DEVIATION 2022-

O0001) (OCT 2021)

1.38 FAR 52.215-13, SUBCONTRACTOR CERTIFIED COST OR PRICING DATA--MODIFICATIONS

(DEVIATION 2022-O0001) (OCT 2021)

(a) The requirements of paragraphs (b) and (c) of this clause shall—

(1) Become operative only for any modification to this contract involving a pricing adjustment expected to exceed $2 million on the date of execution of the modification; and

(2) Be limited to such modifications.

(b) Before awarding any subcontract expected to exceed $2 million on the date of agreement on price or the date of award, whichever is later; or before pricing any subcontract modification involving a pricing adjustment expected to exceed $2 million, the Contractor shall require the subcontractor to submit certified cost or pricing data (actually or by specific identification in writing), in accordance with FAR 15.408, Table 15-2 (to include any information reasonably required to explain the subcontractor's estimating process such as the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data, and the nature and amount of any contingencies included in the price), unless an exception under FAR 15.403-1(b) applies.

If the $2 million threshold for submission of certified cost or pricing data is adjusted for inflation as set forth in FAR

1.109(a), then pursuant to FAR 1.109(d) the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment.

(c) The Contractor shall require the subcontractor to certify in substantially the form prescribed in FAR 15.406-2 that, to the best of its knowledge and belief, the data submitted under paragraph (b) of this clause were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract modification.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in each subcontract that exceeds $2 million on the date of agreement on price or the date of award, whichever is later.

1.39 FAR 52.215-15, PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010)

https://www.acquisition.gov/far/part-15#FAR_15_403_1 https://www.acquisition.gov/far/part-1#FAR_1_109 https://www.acquisition.gov/far/part-1#FAR_1_109 https://www.acquisition.gov/far/part-15#FAR_15_406_2

Amendment No. 0001

1.40 FAR 52.215-18, REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS

(PRB) OTHER THAN PENSIONS (JUL 2005)

1.41 FAR 52.215-19, NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

1.42 FAR 52.215-21, REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER

THAN CERTIFIED COST OR PRICING DATA—MODIFICATIONS (NOV 2021)

1.43 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $20,000,000 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $2,000,000,000;

(2) Any order for a combination of items in excess of $15,000,000,000; or

(3) A series of orders from the same ordering office within 0 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the

Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

1.44 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

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

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the

Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and

Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the completion of all task orders.

1.45 FAR 52.216–32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEP 2019)

https://www.acquisition.gov/far/part-52#FAR_52_216_21

Amendment No. 0001

1.46 FAR 52.217-7, OPTION FOR INCREASED QUANTITY-SEPARATELY PRICED LINE ITEM (MAR

1989) [will be included in task orders, as applicable]

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the options at the time of award or by written notice to the Contractor within [insert in the clause the period of time in which the Contracting

Officer has to exercise the option] from the date of contract award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

1.47 FAR 52.219-8, UTILIZATION OF SMALL BUSINESS CONCERNS (FEB 2024) *U

1.48 FAR 52.219-9, SMALL BUSINESS SUBCONTRACTING PLAN (SEP 2023) ALTERNATE II (NOV

2016) *U

1.471.49 FAR 52.222-1, NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

1.481.50 FAR 52.222-3, CONVICT LABOR (JUN 2003) *U

1.491.51 FAR 52.222-4, CONTRACT WORK HOURS AND SAFETY STANDARDS--OVERTIME

COMPENSATION (MAY 2018) *U

1.501.52 FAR 52.222-6, CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018) *U

1.511.53 FAR 52.222-7, WITHHOLDING OF FUNDS (MAY 2014) *U

1.521.54 FAR 52.222-8, PAYROLLS AND BASIC RECORDS (JUL 2021) *U

1.531.55 FAR 52.222-9, APPRENTICES AND TRAINEES (JUL 2005) *U

1.541.56 FAR 52.222-10, COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988) *U

1.551.57 FAR 52.222-11, SUBCONTRACTS (LABOR STANDARDS) (MAY 2014) *U

1.561.58 FAR 52.222-12, CONTRACT TERMINATION -- DEBARMENT (MAY 2014) *U

1.571.59 FAR 52.222-13, COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND

RELATED REGULATIONS (MAY 2014) *U

1.581.60 FAR 52.222-14, DISPUTES CONCERNING LABOR STANDARDS (FEB 1988) *U

1.591.61 FAR 52.222-15, CERTIFICATION OF ELIGIBILITY (MAY 2014) *U

1.601.62 FAR 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APR 2015) *U

1.611.63 FAR 52.222-26, EQUAL OPPORTUNITY (SEP 2016) *U

1.621.64 FAR 52.222-27, AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION

(APR 2015) *U

1.631.65 FAR 52.222-30, CONSTRUCTION WAGE RATE REQUIREMENTS – PRICE ADJUSTMENT (NONE

OR SEPARATELY SPECIFIED METHOD) (AUG 2018) *U

1.641.66 FAR 52.222-35, EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) *U

1.651.67 FAR 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) *U

1.661.68 FAR 52.222-37, EMPLOYMENT REPORTS ON VETERANS (JUN 2020) *U

1.671.69 FAR 52.222-40, NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010) *U

1.681.70 FAR 52.222-50, COMBATING TRAFFICKING IN PERSON (NOV 2021)

1.691.71 FAR 52.222-54, EMPLOYMENT ELIGIBILITY VERIFICATION (MAY 2022) *U

1.701.72 FAR 52.222-55, MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER

14026 (JAN 2022) *U

United States means the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American

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

Worker –

(1)(i) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 14026, and–

(A) Whose wages under such contract are governed by the Fair Labor Standards Act

( 29 U.S.C. chapter 8), the Service Contract Labor Standards statute ( 41 U.S.C. chapter 67), or the Wage Rate

Requirements (Construction ) statute ( 40 U.S.C. chapter 31, subchapter IV);

(B) Other than individuals employed in a bona fide executive , administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(ii) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(iii) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor’s Employment and Training

Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of

Apprenticeship.

(2)(i) A worker performs on a contract if the worker directly performs the specific services called for by the contract; and

(ii) A worker performs in connection with a contract if the worker 's work activities are necessary to the performance of a contract but are not the specific services called for by the contract .

(b) Executive Order Minimum wage rate. (1) The Contractor shall pay to workers, while performing in the United

States, and performing on, or in connection with, this contract , a minimum hourly wage rate of $15.00 per hour beginning January 30, 2022.

(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2023, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor’s

Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than

90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on https://www.sam.gov (or any successor website), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements

(Construction ) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates.

The applicable published E.O. minimum wage is incorporated by reference into this contract .

(3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O.

minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers’ compensation insurance , but will not otherwise include any amount for general and administrative costs, overhead, or profit.

(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph

(b)(2). Contractors shall consider any subcontractor requests for such price adjustment.

(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate

Requirements (Construction ) statute.

http://uscode.house.gov/ http://uscode.house.gov/ https://www.sam.gov/

Amendment No. 0001

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.

(6) The Contractor shall pay, unconditionally to each worker , all wages due free and clear without subsequent rebate or kickback . The Contractor may make deductions that reduce a worker ’s wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 23.230, Deductions.

(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.

(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance or any applicable contract establishing a minimum wage higher than the E.O. 14026 minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.

(10) The Contractor shall follow the policies and procedures in 29 CFR 23.240(b) and 23.280 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.

(c)(1) This clause applies to workers as defined in paragraph (a). As provided in that definition –

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker ;

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29

U.S.C. 214(c) are covered; and

(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.

(2) This clause does not apply to–

(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract , but who are not directly engaged in performing the specific work called for by the contract , and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;

(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and

214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate

Requirements (Construction ) statute. These individuals include but are not limited to-

(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a) ;

Amendment No. 0001

(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b) ; and

(C) Those employed in a bona fide executive , administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541).

(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the

Service Contract Labor Standards statute or the Wage Rate Requirements (Construction ) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the

FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/agencies/whd/government-contracts, in a prominent and accessible place at the worksite.

Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor , whether external or internal, and customarily used for notices to workers about terms and conditions of employment.

(e) Payroll Records. (1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker :

(i) Name, address, and social security number;

(ii) The worker’s occupation(s) or classification(s);

(iii) The rate or rates of wages paid;

(iv) The number of daily and weekly hours worked by each worker;

(v) Any deductions made; and

(vi) Total wages paid.

(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer .

(3) The Contractor shall make a copy of the contract…