NEC Warehouse air Handling Unit installation solicitation .pdf

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NEC Warehouse air Handling Unit installation
Solicitation number
19RW6024Q0004
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This document is a Request for Quotations (RFQ) for the NEC Warehouse air Handling Unit installation project at the U.S. Embassy in Kigali, Rwanda. The U.S. Government intends to award a firm-fixed-price contract/purchase order to the responsible company submitting the lowest acceptable offer. Offerors must be registered in the System for Award Management (SAM) prior to proposal submission. Proposals are due by July 15, 2024. The work includes removing and properly disposing of two existing fan coil units, and providing and installing two new fan coil units along with associated electrical, HVAC, and roofing/flashing modifications. The contractor will also be responsible for testing, adjusting, and balancing the new equipment, as well as providing training to facility maintenance staff.

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U.S. Embassy Kigali

Date: 6/13/2024

Dear Prospective Offeror:

Subject: Request for Quotes 19RW6024Q0004

Enclosed is a Request for Quotes (RFQ) for 19RW6024Q0004 NEC Warehouse air Handling

Unit installation. If you would like to submit a quotation, follow the instructions in Section J of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form that follows this letter.

The U.S. Government intends to award a contract/purchase order to the responsible company submitting an acceptable offer at the lowest price. We intend to award a contract/purchase order based on initial proposals, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.

Quotations are due by July 15th 2024. No quotations will be accepted after this time. Quotations must be in English and incomplete quotations will not be accepted. Your quotation must be submitted electronically to kigaligsoprocurementrequest@state.gov It is important to make sure the submission is made in specific size and format; in MS-Word 2007/2010 or MS-Excel

2007/2010 or Adobe Acrobat (pdf) file format. The file size must not exceed 30MB.

In order for a quotation to be considered, you must also complete and submit the following:

1. SF-1442

2. Section A, Pricing

3. Section L Representations and Certifications

4. Additional information as required in Section J

5. Proof of SAM Registration

Offerors shall be registered in the SAM (System for Award Management) database at https://www.sam.gov prior to submittal of their offer/proposal as prescribed under FAR 4.1102.

Failure to be registered at time of proposal submission may deem the offeror’s proposal to be considered non-responsible and no further consideration will be given. Therefore, offerors are highly encouraged to register immediately if they are interested in submitting a response to this requirement.

Sincerely, Nicole Shire

Contracting Officer mailto:kigaligsoprocurementrequest@state.gov https://www.sam.gov/

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

2. TYPE OF

SOLICITATION

SEALED BID

(IFB)

[x] NEGOTIATED

(RFP)

3. DATE

ISSUED

PAGE OF

PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE

REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

A. NAME

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

CALLS)

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

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

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND

PAYMENT BONDS?

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

B. An offer guarantee is, is not required.

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

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

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within _____ calendar days after the date offers are due.

(Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER

DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION

PURSUANT TO

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

253(c)( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award,

(b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON

AUTHORIZED TO SIGN (Type or print)

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

30B. SIGNATURE

30C.

31B. UNITED STATES OF

AMERICA

BY

31C. AWARD

TABLE OF CONTENTS

SF-18 COVER SHEET

A. PRICING

B. STATEMENT OF WORK

C. PACKAGING AND MARKING

D. INSPECTION AND ACCEPTANCE

E. DELIVERIES AND PERFORMANCE

F. CONTRACT ADMINISTRATION DATA

G. SPECIAL TERMS AND CONDITIONS

H. CLAUSES

I. LIST OF ATTACHMENTS

J. INSTRUCTIONS ON HOW TO SUBMIT A QUOTATION

K. EVALUATION CRITERIA

L. REPRESENTATIONS CERTIFICATIONS AND OTHER

SECTION A – PRICING

A.1.0 GENERAL

The Contractor shall perform construction inspection services for a U.S. Government construction project at the American Embassy Kigali. This is a Firm, Fixed-Price contract type for submittals reviews, identified in Exhibit A and a Time-and-Materials contract with fixed, fully loaded hourly rates for all other effort, using the labor categories set forth below. The hourly rates stated in the contract shall include all direct and indirect costs, insurance, overhead, general and administrative expense, and profit.

A.2.0 PRICING

A.2.1 VALUE ADDED TAX

VALUE ADDED TAX (VAT). The Contractor shall include VAT as a separate charge on the

Invoice and as a separate line item in Section B.

A.3.0 COST SUMMARY

Supply of Equipment & Material

Installation, testing & commissioning

Value Added Tax:

Total Not to Exceed Amount:

SECTION B - STATEMENT OF WORK

NEC WAREHOUSE AIR HANDLING UNIT INSTALLATION PROJECT

INTRODUCTION

1.1 The United States Department of State (DOS) requires construction services to remove two fan coil units and replace with an improved ventilation system in the Warehouse building at the U.S

Embassy Compound in Kigali, Rwanda. The contractor shall remove and properly dispose of demolished equipment and materials. This work will also include any necessary modifications to the Warehouse roofing/flashing, electrical, and HVAC systems and their associated components.

1.2 In case a pre-bid walk-through is needed, it will be coordinated with invited bidders by the

PD/COR and the Kigali Post Facility Manager (FM).

2.0 GENERAL REQUIREMENTS

2.1 Basic Work Summary. The Contractor shall provide workers, equipment, and materials necessary to:

a. Remove and properly dispose of the two-fan coil existing units and associated materials.

b. Provide and install two new fan coil units and associated devices, such as new electrical disconnects, thermostats, canvas/flex connections, p-trap and local condensate piping, etc.

Test, Adjust, and Balance (TAB), Factory Representative Start-up, and basic adjustments of the new equipment are part of the Work.

2.2 Building Codes. Work is governed by the latest version of the International Building Code (IBC) and the OBO Supplements, which includes the International Mechanical Code, International

Plumbing Code, and National Electric Code. Work shall comply with OBO standards and local jurisdictional requirements. Work not in compliance with the IBC and NEC shall be deemed not in compliance with the Contract.

2.3 Additional Info. Included with this Statement of Work narrative are attached exhibits including

(Exhibit A) photos of existing conditions/equipment, (Exhibit B) existing TRANE FCU literature, (Exhibit C) as built drawings.

2.3.1 Project Orientation Photos. See Exhibit A for orientation photos of existing equipment/systems.

2.3.2 Specifications and Drawings. This Statement of Work document and attached

Mechanical/Electrical as built drawings (Exhibit C) describe the general project requirements. The contractor shall comply with the requirements of the construction specifications (as applicable to this project and as modified by this Statement of Work documentation). Any conflicts between documentation should immediately be brought to the attention of the PD/COR.

2.4 Shipping. The Contractor is responsible for shipping, delivery, and storage of all tools, materials, and equipment to the Work site.

2.5 Safety. The Contractor is responsible for the safety of for his/her employees, and for conduct of the work in a manner that prioritizes the safety of Post residents, employees, and visitors.

2.6 Damage. Protect furniture, furnishings, carpets, and interior finishes from damage. Damage caused by the Contractor will be returned to original condition at the expense of the Contractor.

2.7 Interruptions of Service. The Contractor shall maintain existing systems in service to the maximum extent possible and coordinate interruptions of any utility services in advance with the

Facility Manager.

2.8 Drawing. If needed for reference, available existing design/construction documentation, may be provided by the PD/COR if requested by the contractor. Availability and accuracy of existing files cannot be guaranteed.

2.9 Submittals. The contractor shall provide submittals for all new equipment, materials, and chemicals for cleaning coils.

2.10 Warranty. The contractor shall provide warranties on all equipment, materials, and workmanship.

See included specifications exhibit for additional information.

3.0 SCOPE OF WORK

3.1 Provide workers, equipment, and materials necessary to replace two (2) existing fan coil Units and install two (2) new fan coil units. Trades shall include, but may not be limited to mechanical, electrical, roofing/flashing, and carpentry.

3.2 In addition to the providing the new mechanical and electrical equipment; duct work, duct connections, miscellaneous duct accessories, piping, piping connections, valves, gages, thermostats, miscellaneous piping accessories, disconnect switches, circuit breakers, electrical conductors, thermostats, controls wiring, and other miscellaneous materials are part of the Work.

3.3 All used equipment, debris, trash and hazardous materials will be removed from the property and disposed of properly by the contractor. Access for trucks/dumpsters shall be coordinated with the

PD/COR and FM. The Contractor is responsible for ensuring that disposal of equipment, debris, and hazardous material complies with the laws and regulations of Kigali, Rwanda.

3.4 Start-up and commissioning of the new units is part of the Work. All mechanical and electrical functions at the mechanical equipment and at the thermostat(s)/controllers will be verified in all modes, which shall include, but are not limited to heating and cooling modes. Start-up and commissioning shall be completed with the FM or designated technical staff in attendance. Coordinate with PD/COR and FM.

3.5 Training: The contractor shall provide training for all new equipment/systems to the facility maintenance staff. Coordinate with PD/COR and FM.

3.6 Existing Equipment Modification / Removal / Demolition Requirements:

(See attached Exhibit C - Sketches and Exhibit D - Specifications for additional information)

3.6.1 General: The contractor shall provide all means to shut-down equipment, isolate equipment, drain down, flush and refill the systems, and lock-out/tag-out systems as required to safely complete the specified tasks.

3.6.2 Remove two (2) Fan coil Units and Accessories: The contractor shall remove the existing Fan

Coil units. Removal shall include any misc. ductwork/duct connections, electrical circuiting/breakers, controls wiring/devices, and piping that will not be used as part of the new work. The contractor shall try to keep infrastructure in place that can be reused as part of the new work tasks; however, devices associated with the fan coil units shall be replaced with new, such as condensate p-traps, programmable thermostats. The draining line slope will need to be rectified etc.

3.7 New Equipment and New Work Requirements – General Descriptions

3.7.1 New Fan coil Units:

i. Requirement Summary:

1. Air handling unit: System air Eurovent certified AHU, to serve.

the Warehouse and stores and all necessary mechanical and electrical accessories to provide a fully functioning system that meets the project requirements. (Designed Air changes per hour - 3 times, Off-coil temperature 15 deg. C and with total cooling capacity 264KW).

2. The contractor shall provide new controllers/programmable thermostats, sensors, wiring, and necessary devices.

3. Perform air-side test, adjust, and balance (TAB) procedure on new air handling unit.

ii. New Equipment Summary:

(Manufacturer/Model substitutions shall meet or exceed the TRANE Series Equipment. Substitutions are subject to approval by the PD/COR, FM, and FAC/PS Mechanical Engineer. If a substitution is accepted, the contractor is responsible for all related modifications. The contractor shall provide detailed/dimensioned drawings for review by

FM and PD/COR.)

• Control panel for the AHU

• VRF Outdoor unit 263 kW, R410a refrigerant c/w AHU

• connection kit, Refrigerant pipe work, top up of refrigerant,

• Pressure test using N2 gas.

• Duct work: Galvanised duct with insulation, duct fittings,

• hangers and supports designed according to the air flow rate.

• of AHU (existing ducts will be retained where feasible)

• Manual Volume control dampers (as required)

• Zone Variable air volume box with thermostat

• Air supply/Return grille - 1500x400mm

• Power cable, communication cable, cable tray, Isolators

• Power Distribution board completed with Breakers, Pilot

• lamps, Emergency switch, OV and UV relay

AHU specification:

• intake, Heating coil for Humidity control, c/w G4 box filter and F7 pre filter, DX cooling coil 6 rows.

• Supply Air Flow [m³/h]: (Flow rate: 40,900 cu.mtr per hour)

• Supply Internal Static Pressure [Pa]: 446.

• Supply Total Static Pressure [Pa]:(@1500 Pa, Belt driven fan of Pi -30.0kW c/w VFD, 10% FA)

• Supply Unit Face Velocity [m/s]: 2.08

• Motor power [kW]: 1 x 30

• Motor Rated Current [A]: 52.14.

• Return Casing air leakage class at -400 Pa [l/s-m^2]: 0.21.

• Casing air leakage class at +400 Pa [l/s-m^2]: 0.22

• Internal Specific Fan Power of ventilation components: 2,194 w/(m3/s)

• Filter energy classification, Filter annual energy consumption (kwh/annum): 1404.7,2129.7

• Design winter outdoor temperature (temperature at the inlet of the unit): 30.00

B.2.0 SUBMITTALS

B.2.1 SERVICES

SERVICES SHALL INCLUDE:

- The technical review and handling of construction contractor-prepared submittals, as listed in Exhibit A, for conformance with the final approved construction and installation documents and RFI’s. The term “submittals” includes shop drawings, product data, materials, equipment, samples, wiring diagrams, factory test data, mockups, test reports and inspection reports for conformance with the approved contract documents. The

Contractor shall provide a recommendation in writing, to approve or reject, for each submittal reviewed. The Contractor shall provide this recommendation to the COR and at the same time, return the submittal with any necessary comments.

- As part of the submittals review, the Contractor provide to the COR recommendations regarding whether the submittals indicate that all facilities will be constructed by the construction contractor with materials, finishes, fixtures, fixtures, equipment, and systems that provide operational dependability. The Contractor shall provide recommendations to the COR to assist the COR in assuring that these facilities are easy to maintain or replaced with those most readily available supplies and services subject to procurement practices of the Federal Acquisition Regulations. Emphasis must be placed on the uniformity of parts and components to maximize interchangeability.

- Review the construction schedule and any revisions provided by the COR to the

Contractor. Also review quality control/quality assurance plan. The Contractor shall not accept any documentation directly from the construction contractor. Recommend to the

COR viable alternatives if the construction contractor’s performance falls behind the approved schedule.

- Evaluate the construction contractor’s proposed testing laboratories and test procedures and providing recommendations to the COR for approval.

B.2.2 ORDERING

All submittals will be reviewed by the COR for sufficiency of content only, before forwarding to the Contractor. The COR will then forward the submittals to the Contractor, following the procedures outlined in B.2.3 below.

B.2.3 DELIVERY METHOD

The COR will send the submittals to the Contractor via email unless otherwise restricted by size, weight, or time limitation. The COR will include a transmittal letter with each submittal.

Unless otherwise directed, the Contractor shall return submittals to the COR by commercial delivery service or hand-delivered.

B.2.4 REVIEW PERIOD

Time is of the essence. Therefore, unless otherwise directed in writing, the Contractor review shall be completed and the submittals returned to the COR within seven (7) calendar days from the date of receipt by the Contractor. If additional review of a submittal is required because the Contractor did not perform acceptably initially, the Contractor shall complete the second review within the time specified by the COR at the time that submittal is returned by the COR to the Contractor.

B.2.5 PAYMENT

The Government shall make payment in accordance with A.3.0 for each item reviewed at the Contractor facility.

B.3.0 LABOR-HOUR SERVICES

B.3.1 REQUESTS FOR INFORMATION (RFI)

SERVICES SHALL INCLUDE:

- Review and processing of Requests For Information (RFI’s). These are not the resolution of errors and omissions associated with the contract drawings and specifications, but may include request for substitutions, clarifications, etc. RFI’s may include schematics, descriptive literature, performance and test data, and similar material furnished by the construction contractor.

- Preparation of sketches and drawings that may be necessary to clarify portions of the work. COR will coordinate the review of these sketches and drawings with the A/E of record.

Review Period: Time is of the essence. Therefore, unless otherwise directed, the

Contractor shall complete the review of RFI’s not later than five (5) calendar days after receipt of the item to be reviewed.

B.3.2 SITE VISITS

Services shall include site visits to the construction sites. These on-site visits may include submittal and sample reviews or other construction-related services. The Contractor shall provide a site visit report to the COR by the next regular business day after the conclusion of each visit. Each report shall be delivered to the address listed in E.2.0. See also paragraph below, that includes certain activities which require on-site services relating to inspection.

B.4.0 REPORTS

B.4.1 FORMAT

Except for the reports whose format is set forth in Exhibit B, all other reports shall be prepared in a consistent format agreed upon with the COR.

B.5. CONTRACTING OFFICER’S REPRESENTATIVE

The Contractor shall direct all communication regarding this contract, to the COR or the

Contracting Officer. Communication from other Government representatives, the construction contractor, subcontractor and supplies is prohibited. Actions taken by the Contractor as a result of direction from other than the COR or the Contracting Officer are at his own risk. The

Government will not pay for work performed by the Contractor if the work was not ordered in writing by the COR, or the Contracting Officer. The Contractor shall not directly communicate with the construction contractor’s representative. See also F.1.0.

B.6. QUALITY ASSURANCE/QUALITY CONTROL (QA/QC)

The Contractor shall carefully review and coordinate submittals with drawings and specifications, and other project documents. The Contractor shall have a quality control program in effect, which will require his employees and consultants to thoroughly review and coordinate all project data. The letter of transmittal, outlining Contractor recommendations, shall certify that all documents have been reviewed and coordinated. The certification shall be signed by a principal of the Contractor’s firm. The Contracting Officer's Representative (COR) will review and approve the Quality Assurance/Quality Control (QA/QC) program proposed by the

Contractor. This program shall indicate the method of controlling the quality of all work produced by the Contractor and consultants. Refer to FAR Clause 52.236-23, "Responsibility of the Architect/Engineer Contractor".

SECTION C - PACKAGING AND MARKING

C.1 PACKAGING AND MARKING

Packaging and marking shall follow commercial practice.

C.2 PREPARATION OF DELIVERABLE ITEMS

Deliverable items other than letter reports shall be three-hole punched and bound with screw-type binders and rubber bands.

SECTION D - INSPECTION AND ACCEPTANCE

D.1. INSPECTION

The Contractor shall maintain a system of quality assurance and quality control to ensure that all documentation of the design meet the requirements of this contract. The Government reserves the right to inspect the Contractor's work as well as its system of Quality Assurances and Quality Control (QA/QC).

The Contractor's key individual responsible for quality of design/review of submittals is -

- . The Contractor's key individual responsible for quality of documentation is

. If a key individual (see D.3 below) needs to be replaced during performance of this contract the

Contractor shall submit a resume for a replacement to the COR for approval.

D.2. ACCEPTANCE

The COR shall accept deliverable items. Acceptance or use of documents developed under this contract shall not relieve the Contractor of responsibility of his work, including any design work.

SECTION E - DELIVERIES AND PERFORMANCE

E.1. PERIOD OF PERFORMANCE

The Contractor shall provide the construction inspection services outlined in Section B commencing July 20th 2024 and concluding at the end of the construction project, currently scheduled for August 25th 2024

E.2. DELIVERABLES

The Contractor shall submit all deliverables to the COR at the following address: US

Embassy Kigali 30 KG 7 ave

SECTION F - CONTRACT ADMINISTRATION DATA

F.1.0. 652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

(AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative (COR).

Such designation(s) shall specify the scope and limitations of the authority so delegated;

provided, that the designee shall not change the terms or conditions of the contract, unless the

COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR for this contract is Alfred Nkurikiyimfura, Building Engineer

Supervisor

F.1.1. DUTIES

The COR may provide technical advice, substantive guidance, inspections, invoice approval, and other purposes as deemed necessary under the contract. The COR is designated as the authority to act for the Contracting Officer in matters concerning technical clarification, inspection, and acceptance of the Contractor's performance under this contract. The COR will coordinate all work with the Contractor during the term of this contract. In no instance is the

COR authorized to alter the contract's terms or conditions, including the design to budget parameter. Such changes must be authorized by the Contracting Officer in a written modification to the contract.

F.2.0. INVOICING AND PAYING INSTRUCTIONS

F.2.1 INVOICING

(a) The Contractor shall submit invoices in the original and three copies to the designated billing address indicated in this contract. The COR will determine whether the invoice is complete and proper as submitted. The COR also will determine whether billed services have been satisfactorily performed and whether reimbursable expenses billed are correct. If the amount billed is incorrect, the COR will, within seven days, ask the Contractor to submit a revised invoice.

(b) Payment

The Contractor will be paid in full for:

(1) The line item price listed in Appendix A for the submittals reviewed at the

Contractor office accepted and invoiced.

F.2.2. FINAL INVOICE

The Contractor shall specifically identify its last invoice as "Final Invoice." The final invoice shall include the remaining payments due under the basic contract and any and all modifications issued. The final invoice shall also attach a "Contractor's Release Certificate".

The Contractor should keep one copy of the certificate for its files and include the others with each copy of the final invoice. If the Contractor has any questions regarding payment status, contact the designated billing office.

F.2.3. DESIGNATED BILLING OFFICE

The Contractor shall mail invoices to: Kigalifmoinvoice@state.gov Invoices shall reflect the contract number and the name of the COR.

mailto:Kigalifmoinvoice@state.gov

SECTION G - SPECIAL TERMS AND CONDITIONS

G.1.0. SECURITY

The following considerations must be followed by the Contractor and/or must be incorporated into any deliverables submitted under this contract.

G.1.1. All documents received or generated under the contract are the property of the

U.S. Government.

G.1.2. All documents are to be controlled and disseminated on a need-to-know basis.

Reproduction and distribution is prohibited without express approval of the U.S. Government.

The Contractor shall mark all design and construction documents as follows:

WARNING

This document is the property of the United States Government. Further reproduction and/or distribution is prohibited without the express written approval of:

U.S. EMBASSY KIGALI

G.1.3. Proposed and actual contract documents shall only be disseminated on a strict need-to-know basis, and shall not be further disseminated without prior authorization from the

Department of State.

G.1.4. Contractor personnel receiving proposed or actual contract documents, to include blueprints, other technical drawings, sketches, submittals, RFI’s, photographs, exposed negatives, and/or descriptive narratives pertaining to the project, shall be responsible for these materials while in their possession, or that of any of their subcontractors. The Contractor shall return all documents, including all copies, promptly upon demand by the Government.

G.1.5. Photographs of any public areas of any U.S. diplomatic or consular facility overseas must be approved and authorized in advance by the Site Security Manager (SSM) and/or the Senior Security Officer (SSO). The SSO or SSM will establish any controls, limits, and/or other restrictions as deemed necessary. The Contractor shall submit a written request for authorization for such photography citing the reason(s) and use(s) for the photographs and/or negatives.

G.1.6. The Department of State shall be afforded the opportunity to review all photographs and negatives in advance of any public use, and reserves the right to deny such use.

No further dissemination, publication, duplication, or other use beyond that which was requested and approved under this contract is authorized without specific advance written approval from the Department of State.

G.1.7. Department reserves the right to demand retention of all copies of photographs and negatives.

G.2. STANDARDS OF CONDUCT

The Contractor shall maintain satisfactory standards of competency, conduct, cleanliness, appearance and integrity. Each Contractor employee is expected to adhere to standards of conduct that reflect credit on themselves and the United States Government.

G.3.0. ORGANIZATIONAL CONFLICTS OF INTEREST

Neither the Contractor nor any of its employees, affiliates, or related entities may participate in any way in the construction contract identified in B.1.0. The Contractor, its employees, affiliates, or related entities may not provide consulting or subcontract services related to the construction contract, to any party other than the U.S. Government.

The Contractor shall include this clause in all subcontracts, purchase orders, and consulting agreements for service.

G.4.0. RELEASE OF INFORMATION

All data furnished to the Contractor and data developed in connection with the project shall be considered privileged. The Contractor shall not make public announcements, including news and press releases; these are the prerogative of the Contracting Officer.

G.5.0. NOTIFICATION OF CHANGES

G.5.1. This clause applies to changes other than changes directed by the Government pursuant to the contract clause titled "52.243-1 Changes - Fixed Price (AUG 1987) Alternate III

(APR 1984)."

G.5.2. DEFINITIONS. "Contracting Officer," as used in this clause, does not include representatives of the Contracting Officer.

G.5.3. NOTICE. The primary purpose of this clause is to obtain prompt reporting of

Government conduct that the Contractor considers to be a change to this contract. Except for changes identified in writing and signed by the Contracting Officer, the Contractor shall notify the Contracting Officer in writing within ten (10) days from the date the Contractor identified any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. Any notification received after 10 days will not be considered. On the basis of the most accurate information available to the Contractor, the notice shall state -

(i) The date, nature and circumstances of the conduct regarded as a change;

(ii) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;

(iii) The identification of any documents and the substance of any oral communication involved in such conduct;

(iv) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;

(v) The particular elements of contract performance that the Contractor may seek an equitable adjustment under this clause, including –

• What contract line items have been or may be affected by the alleged change;

• What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;

• To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change;

• What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and

(vi) The Contractor's estimate of the time by which the Government must respond to the

Contractor's notice to minimize cost, delay, or disruption of performance.

G.5.4. CONTINUED PERFORMANCE. Following submission of the notice required above, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor.

Unless the notice reports a direction of the Contracting Officer or a communication from a representative of the Contracting Officer, the Contractor shall continue performance. However, if the Contractor regards the direction or communication as a change as described above, notice shall be given in the manner provided.

G.5.5. GOVERNMENT RESPONSE. The Contracting Officer shall, within thirty (30) days after receipt of notice, respond to the notice in writing. In responding, the Contracting

Officer shall -

(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance;

(2) Countermand any communication regarded as a change;

(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or

(4) Advise the Contractor what additional information is required and when, and establish the date by which it should be furnished and the date the Government will respond.

G.5.6. EQUITABLE ADJUSTMENTS

If the Contracting Officer confirms that the Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, the Government will modify the contract to make an equitable adjustment -

(1) In the contract price or delivery schedule or both; and

(2) Any other term of the contract affected.

G.5.7. Failure to agree to any adjustment shall be a dispute under the Disputes clause.

Nothing in this section shall relieve the Contractor from proceeding with the work.

G.7.0 PERSONNEL SECURITY

After award of the purchase order, the Contractor has five (5) calendar days to submit to the

COR a list of personnel assigned to this project who will require access to the construction site, for the Government to conduct all necessary security checks. Information necessary to process clearance of personnel: Full name, ID#, Date of Birth, Place of Birth, Nationality and a recent photograph.

Failure to provide any of the above information may be considered grounds for rejection and/or re-submittal of the application. Once the Government has completed the security screening and approved the applicants, they will be given access to the site. Access to the site may be revoked at any time due to falsification of data or misconduct on site.

SECTION H - CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

THE FOLLOWING FEDERAL ACQUISITION REGULATION (FAR) CLAUSES ARE

INCORPORATED BY REFERENCE:

CLAUSE TITLE AND DATE

52.202-1 DEFINITIONS (JUN 2020)

52.203-3 GRATUITIES (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)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATION AND VIDEO SURVEILLANCE SERVICES

OR EQUIPMENT (AUG 2020)

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

https://acquisition.gov/browse/index/far https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED OR PROPOSED FOR DEBARMENT (JUN 2020)

52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES

(NOV 2023)

52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING (JUN 2020)

52.225-5 TRADE AGREEMENTS (NOV 2023)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND

TRANSLATION OF CONTRACT (FEB 2000)

52.227-17 RIGHTS IN DATA – SPECIAL WORKS (DEC 2007)

52.228-4 WORKERS’ COMPENSATION AND WAR HAZARD INSURANCE

OVERSEAS (APR 1984)

52.229-6 TAXES – FOREIGN FIXED PRICE CONTRACTS (FEB 2013)

52.232-1 PAYMENTS (APR 1984)

52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND MATERIALS

LABOR-HOUR CONTRACTS (AUG 2012)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-1 PAYMENTS ( APR 1984)

52.232-11 EXTRAS (APR 1984)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-26 PROMPT PAYMENT FOR FIXED-PRICE ARCHITECT-ENGINEER

CONTRACTS (JULY 2013)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR

AWARD MANAGEMENT (OCT 2018)

52.233-1 DISPUTES (MAY 2014) ALTERNATE I (DEC 1991)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.236-23 RESPONSIBILITY OF THE ARCHITECT-ENGINEER CONTRACTOR

(APR 1984)

52.236-24 WORK OVERSIGHT IN ARCHITECT-ENGINEER CONTRACTS

(APR 1984)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT AND

VEGETATION (APR 1984)

52.242-14 SUSPENSION OF WORK (APR 1984)

52.243-1 CHANGES – FIXED-PRICE (AUG 1987) ALTERNATE III (APR 1984)

52.243-3 CHANGES – TIME-AND-MATERIAL OR LABOR-HOUR (SEPT 2000)

52.246-4 INSPECTION OF SERVICES – FIXED-PRICE (AUG 1996)

52.246-6 INSPECTION – TIME-AND-MATERIAL AND LABOR-HOUR

(MAY 2001) ALTERNATE I (APR 1984)

52.246-26 REPORTING NONFORMING ITEMS (DEC 2019)

52.249-14 EXCUSABLE DELAYS (APR 1984)

52.249-7 TERMINATION (FIXED-PRICE ARCHITECT-ENGINEER) (APR 1984)

FEDERAL ACQUISITION REGULATION (FAR) CLAUSES INCORPORATED IN FULL

TEXT

52.213-4 TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER

THAN COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES)

(NOV 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

https://www.acquisition.gov/far/part-52#FAR_52_203_19

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-

232).

(iv) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section

102 of Division R of Pub. L. 117-328), unless the agency grants an exception - see paragraph (b) of 52.204-27.

(v) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

(viii) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

(ix) 52.232-40, Providing Accelerated Payments to Small Business

Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(x) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C.3553).

(xi) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) ( Pub. L.

108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.233-1, Disputes (MAY 2014).

(vii) 52.244-6, Subcontracts for Commercial Products and Commercial

Services (NOV 2023).

(viii) 52.253-1, Computer Generated Forms (JAN 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_204_27 https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_225_13 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 https://www.govinfo.gov/link/plaw/108/public/77 https://www.govinfo.gov/link/plaw/108/public/77 https://www.govinfo.gov/link/uscode/19/3805 https://www.acquisition.gov/far/part-52#FAR_52_232_1 https://www.acquisition.gov/far/part-52#FAR_52_232_8 https://www.acquisition.gov/far/part-52#FAR_52_232_11 https://www.acquisition.gov/far/part-52#FAR_52_232_25 https://www.acquisition.gov/far/part-52#FAR_52_232_39 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_244_6 https://www.acquisition.gov/far/part-52#FAR_52_253_1

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

(ii) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract

Awards (JUN 2020)(Pub. L. 109-282) ( 31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(iii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (NOV

2023) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).

(iv) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) ( 41 U.S.C.chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(v) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vi) 52.222-36, Equal Employment for Workers with Disabilities (JUN 2020) ( 29

U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vii) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212)

(Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(viii) 52.222-41, Service Contract Labor Standards (AUG

2018) ( 41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the

Service Contract Labor Standards statute and will be performed in the United States, District of

Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin

Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(ix)

(A) 52.222-50, Combating Trafficking in Persons (NOV

2021) ( 22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

https://www.acquisition.gov/far/part-52#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/part-3#FAR_3_900 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-4#FAR_4_1403 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-52#FAR_52_222_20 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-22#FAR_22_1303 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-22#FAR_22_1408 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-22#FAR_22_1303 https://www.acquisition.gov/far/part-52#FAR_52_222_41 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-chapter67-front&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(x) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (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.))).

(xi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xii) 52.223-5, Pollution Prevention and Right-to-Know

Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xiii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693)(applies to contracts for products as prescribed at

FAR 23.804(a)(1)).

(xiv) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners (JUN 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xv) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) ( 42

U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management

Program (FEMP)) will be-

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xvi) 52.223-20, Aerosols (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvii) 52.223-21, Foams (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xviii)

(A) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 67)

(Applies to contracts for supplies, and to contracts for services involving the furnishing https://www.acquisition.gov/far/part-52#FAR_52_222_55 https://www.acquisition.gov/far/part-52#FAR_52_222_6 https://www.acquisition.gov/far/part-52#FAR_52_222_41 https://www.acquisition.gov/far/part-52#FAR_52_222_62 https://www.acquisition.gov/far/part-52#FAR_52_222_6 https://www.acquisition.gov/far/part-52#FAR_52_222_41 https://www.acquisition.gov/far/part-52#FAR_52_223_5 https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://www.acquisition.gov/far/part-23#FAR_23_804 https://www.acquisition.gov/far/part-52#FAR_52_223_12…

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