Sol_P17PS01105.pdf

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Contents Table of Contents

Section B – Proposal Pricing

C Description/Specifications/Statement of Work

E Inspection & Acceptance

52.246-12 -- Inspection of Construction. (Aug. 1996)

F Deliveries or Performance

52.242-14 -- Suspension of Work. (Apr 1984)

52.249-10 -- Default (Fixed-Price Construction). (Apr 1984)

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

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010) ..14

G Contract Administration Data

DIAR 1452.201-7 Authorities and Delegations (Sep 2011)

DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Apr 2013)

Additional Inspection Information

Section H - Special Contract Requirements

GREEN PROCUREMENT

I Contract Clauses

52.252-2 -- Clauses Incorporated by Reference. (Feb 1998)

52.202-1 -- Definitions of Words and Terms Provisions and Clauses. (Nov 2013)

52.203-3 – Gratuities. (Apr 1984)

52.203-5 -- Covenant Against Contingent Fees. (May 2014)

52.203-6 -- Restrictions on Subcontractor Sales to the Government. (Sep 2006)

52.203-7 -- Anti-Kickback Procedures. (May 2014)

52.203-8 -- Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

(May 2014)

52.203-10 -- Price or Fee Adjustment for Illegal or Improper Activity. (May 2014)

52.203-12 -- Limitation on Payments to Influence Certain Federal Transactions. (Oct 2010)

52.203-17 – Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (Apr 2014)

52.204-4 -- Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011)

52.204-9 -- Personal Identity Verification of Contractor Personnel. (Jan 2011)

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52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards. (Oct 2015)

52.204-13 – System for Award Management Maintenance. (Jul 2013)

52.204-14 – Service Contract Reporting Requirements (Jan 2014)

52.204-18 -- Commercial and Government Entity Code Maintenance. (Nov 2014)

52.204-19 – Incorporation by Reference of Representations and Certifications. (Dec 2014)

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

52.209-6 -- Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015)

52.209-10 – Prohibition on Contracting With Inverted Domestic Corporations. (Nov 2015)

52.215-2 -- Audit and Records – Negotiation. (Oct 2010)

52.219-3 – Notice of HUBZone Set-Aside or Sole Source Award (Nov 2011)

52.215-8 -- Order of Precedence -- Uniform Contract Format. (Oct 1997)

52.219-8 -- Utilization of Small Business Concerns. (Oct 2014)

52.219-14 -- Limitations on Subcontracting. (Nov 2011)

52.219-28 – Post-Award Small Business Program Rerepresentation. (Jul 2013)

52.222-3 -- Convict Labor. (June 2003)

52.222-4 -- Contract Work Hours and Safety Standards -- Overtime Compensation. (May 2014)

52.222-6 – Construction Wage Rate Requirements. (May 2014)

52.222-7 -- Withholding of Funds. (May 2014)

52.222-8 -- Payrolls and Basic Records. (May 2014)

52.222-9 -- Apprentices and Trainees. (Jul 2005)

52.222-10 -- Compliance with Copeland Act Requirements (Feb 1988)

52.222-11 -- Subcontracts (Labor Standards). (May 2014)

52.222-12 -- Contract Termination – Debarment. (May 2014)

52.222-13 -- Compliance with Construction Wage Rate Requirements and Related Regulations.

(May 2014)

52.222-14 -- Disputes Concerning Labor Standards. (Feb 1988)

52.222-15 -- Certification of Eligibility. (May 2014)

52.222-21 -- Prohibition of Segregated Facilities. (Apr 2015)

52.222-26 -- Equal Opportunity. (Apr 2015)

52.222-27 -- Affirmative Action Compliance Requirements for Construction. (Apr 2015)

52.222-35 -- Equal Opportunity for Veterans. (Oct 2015)

52.222-36 – Equal Opportunity for Workers With Disabilities. (Jul 2014)

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52.222-37 -- Employment Reports on Veterans. (Feb 2016)

52.222-40 – Notification of Employee Rights Under the National Labor Relations Act. (Dec 2010)

52.222-50 -- Combating Trafficking in Persons. (Mar 2015)

52.223-2 -- Affirmative Procurement of Biobased Products Under Service And Construction Contracts. (Sep 2013)

52.223-5 -- Pollution Prevention and Right-to-Know Information. (May 2011)

52.223-6 -- Drug-Free Workplace. (May 2001)

52.223-17 – Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts. (May 2008)

52.223-18 – Encouraging Contractor Policies to Ban Text Messaging While Driving. (Aug 2011)

52.225-13 -- Restrictions on Certain Foreign Purchases. (Jun 2008)

52.227-1 -- Authorization and Consent. (Dec 2007)

52.228-2 -- Additional Bond Security. (Oct 1997)

52.228-5 -- Insurance -- Work on a Government Installation. (Jan 1997)

52.228-11 -- Pledges of Assets. (Jan 2012)

52.228-12 -- Prospective Subcontractor Requests for Bonds. (May 2014)

52.228-14 -- Irrevocable Letter of Credit. (Nov 2014)

52.228-15 -- Performance and Payment Bonds – Construction (Oct 2010)

52.229-3 -- Federal, State, and Local Taxes. (Feb 2013)

52.232-5 -- Payments Under Fixed-Price Construction Contracts. (May 2014)

52.232-17 -- Interest. (May 2014)

52.232-23 -- Assignment of Claims. (May 2014)

52.232-27 -- Prompt Payment for Construction Contracts. (May 2014)

52.232-33 -- Payment by Electronic Funds Transfer-- System for Award Management. (Jul. 2013)

52.232-39 – Unenforceability of Unauthorized Obligations. (Jun 2013)

52.232-40 – Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013)

52.233-1 -- Disputes. (May 2014)

52.233-3 -- Protest After Award. (Aug. 1996)

52.233-4 -- Applicable Law for Breach of Contract Claim. (OCT 2004)

52.236-2 -- Differing Site Conditions. (Apr 1984)

52.236-3 -- Site Investigation and Conditions Affecting the Work. (Apr 1984)

52.236-5 -- Material and Workmanship. (Apr 1984)

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52.236-6 -- Superintendence by the Contractor. (Apr 1984)

52.236-7 -- Permits and Responsibilities. (Nov 1991)

52.236-8 -- Other Contracts. (Apr 1984)

52.236-9 -- Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (Apr 1984)

52.236-10 -- Operations and Storage Areas. (Apr 1984)

52.236-11 -- Use and Possession Prior to Completion. (Apr 1984)

52.236-12 -- Cleaning Up. (Apr 1984)

52.236-13 -- Accident Prevention. (Nov 1991)

52.236-14 -- Availability and Use of Utility Services. (Apr 1984)

52.236-15 -- Schedules for Construction Contracts. (Apr 1984)

52.236-17 -- Layout of Work. (Apr 1984)

52.236-26 -- Preconstruction Conference. (Feb 1995)

52.242-13 -- Bankruptcy. (Jul 1995)

52.243-4 -- Changes. (Jun 2007)

52.244-6 -- Subcontracts for Commercial Items. (Feb 2016)

52.246-21 -- Warranty of Construction. (Mar 1994)

52.248-3 -- Value Engineering -- Construction (Oct 2015)

52.249-2 -- Termination for Convenience of the Government (Fixed-Price).(Apr 2012) Alternate I (Sep 1996)

52.253-1 -- Computer Generated Forms. (Jan 1991)

52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017)

52.225-9 -- Buy American–Construction Materials. (May 2014)

52.222-55 -- Minimum Wages Under Executive Order 13658. (Dec 2015)

52.236-21 -- Specifications and Drawings for Construction (Feb 1997) Alternate I (Apr 1984)

52.252-6 -- Authorized Deviations in Clauses. (Apr 1984)

1452.201-70 Authorities and delegations. (SEP 2011)

1452.203-70 Restrictions on Endorsements -- Department of the interior (JUL 1996)

1452.204-70 Release of Claims. (JUL 1996)

1452.215-70 Examination of Records by the Department of the Interior. (APR 1984)

1452.228-70 Liability Insurance (JUL 1996)

1452.236-70 Prohibition Against Use of Lead-based Paint —Department of the Interior (JUL 1996)

J List of Attachments

K Representations, Certifications, & Other Statements

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52.252-1 -- Solicitation Provisions Incorporated by Reference. (Feb 1998)

52.204-16 – Commercial and Government Entity code Reporting. (July 2015)

52.236-28 -- Preparation of Proposals – Construction. (Oct 1997)

52.203-18 – Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017)

52.222-23 -- Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (Feb 1999)

52.225-10 -- Notice of Buy American Requirement—Construction Materials. (May 2014)

52.223-22 – Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-- Representation (Dec 2016)

L Instructions, Conditions, & Notices to Offerors or Quoters

52.204-7 -- System for Award Management. (Jul 2013)

52.215-1 -- Instructions to Offerors -- Competitive Acquisition. (Jan 2004)

52.216-1 -- Type of Contract. (Apr 1984)

52.222-5 – Construction Wage Rate Requirements—Secondary Site of the Work. (May 2014) ...49

52.228-1 -- Proposal Guarantee. (Sep 1996)

52.233-2 -- Service of Protest Department of the Interior (JUL 1996) (Deviation)

52.236-27 -- Site Visit (Construction). (Construction) (Feb 1995)

1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior. (APR 1984)

52.211-6 Brand Name or Equal (Aug 1999)

SECTION M Evaluation Factors for Award

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Table of Contents

SECTION B Schedule B- Proposal Pricing SECTION C Description/Specifications/Statement of Work SECTION E Inspection and Acceptance SECTION F Deliveries or Performance SECTION G Contract Administration SECTION H Special Contract Requirements SECTION I Contract Clauses SECTION J List of Attachments SECTION K Representations & Certifications SECTION L Instructions, Conditions, and Notices to Offerors SECTION M Evaluation Factors for Award

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Section B – Proposal Pricing

Pricing Schedule Submit pricing for all items. In case of error in the extension of prices, unit price governs. In case of error in summation, the total of the corrected amounts governs. Be sure to include the overhead and profit percentages and dollar amounts. Only one award will be made.

Note: 52.219-3 Notice of HUBZone Set-Aside or Sole Source Award does apply to this solicitation.

Item Description Unit Unit Cost

Total

10 This project will replace the old well system with a new community water service from the City of Garfield, Arkansas. The Park's Visitor Center, administrative buildings and fire cash building are located approximately 5458 feet from the community water system. The new water service will consist of new 6-inch water main (5458 feet), meter/backflow prevention vault, air release valve, gate valves (5), fire hydrants (3) with valves (3) and three new water service connections. The new water service is sized to incorporate fire protection for the Visitor Center and the Park's administrative buildings/fire cash.

Some interior plumbing renovations will also be incorporated to include pressure reducing valves (3).

The old dilapidated well, existing well pump house, existing 10,000 gallon buried concrete water storage reservoir, existing fire hydrants (3), existing valve boxes (15) and existing meter boxes (4) will be abandoned and demolished as part of this project. All existing water mains and services lines will remain in situ and be abandoned in place.

1 Lump Sum

The total amount excluding Overhead and Profit

Percentage of the project completed by Prime:

Percentage of the project completed by Subcontracting:

Sub Total: $ Enter Overhead : % Overhead: $ Enter Profit: % Profit: $

GRAND TOTAL: $

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_215.htm#P1172_203124

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C Description/Specifications/Statement of Work General construction of a new community water connection to the City of Garfield, Arkansas’s water system. The new community water service will consist of a new meter vault, water mains, valves, water services lines and all appurtenances required for a complete conversion from the current Pea Ridge NMP existing water system to the City’s water system. Demolition of the Park’s existing dilapidated water system is included.

This project will replace the old well system with a new community water service from the City of Garfield, Arkansas. The Parks visitor center, administrative buildings and fire cash building are located approximately 5458 feet from the community water system. The new water service will consist of new 6-inch water main (5458 feet), meter/backflow prevention vault, air release valve, gate valves (5), fire hydrants (3) with valves (3) and three new water service connections. The new water service is sized to incorporate fire protection for the Visitor Center and the Park's administrative buildings/fire cash. Some interior plumbing renovations will also be incorporated to include pressure reducing valves (3). The old dilapidated well, existing well pump house, existing 10,000 gallon buried concrete water storage reservoir, existing fire hydrants (3), existing valve boxes (15) and existing meter boxes (4) will be abandoned and demolished as part of this project. All existing water mains and services lines will remain in situ and be abandoned in place.

E Inspection & Acceptance 52.246-12 -- Inspection of Construction. (Aug. 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not --

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph

(i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

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(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work.

Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may --

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of Clause)

F Deliveries or Performance 52.242-14 -- Suspension of Work. (Apr 1984) 52.249-10 -- Default (Fixed-Price Construction). (Apr 1984)

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

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 90 days after the issuance of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS.

CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

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(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation.

The meeting will be held in person or via telephone or other means during your 30- day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of notice) http://www.cpars.csd.disa.mil/

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G Contract Administration Data

DIAR 1452.201-7 Authorities and Delegations (Sep 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment. The COR for this contract will be:

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.

The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR’s appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

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(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor’s risk.

(End of Local Clause)

DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Apr 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

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

None

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Clause)

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Additional Inspection Information

1. Prior to covering, enclosing, or hiding any of type work, the Contractor may contact the

Government representative to perform an interim inspection. Failure to contact the Government representative perform an interim inspection prior to concealment may result in the Contractor being required to uncover performed work sufficiently to allow for proper inspection.

2. When ready for final inspection, the Contractor shall notify the CO and COR, requesting a final inspection in writing to the CO. The final inspection shall normally be requested a minimum of three

(3) calendar days before the desired date or as otherwise negotiated with the Contracting Officer.

3. The final inspection will be onsite with the Contractor, the Contracting Officer’s Representative, and Contract Specialist/Contracting Officer (when possible).

Section H - Special Contract Requirements

GREEN PROCUREMENT

To the extent that the construction services provided by the Contractor require provision of any of the types of products listed at https://sftool.gov/greenprocurement, the Contractor is expected to provide the green type of product unless that type of product is not available competitively within a reasonable time, at a reasonable price, is not life cycle cost efficient in the case of energy consuming products, or does not meet reasonable performance standards.

I Contract Clauses 52.252-2 -- Clauses Incorporated by Reference. (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es):

http://farsite.hill.af.mil/ http://www.acquisition.gov/far/ https://sftool.gov/greenprocurement

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52.202-1 -- Definitions of Words and Terms Provisions and Clauses. (Nov 2013) 52.203-3 – Gratuities. (Apr 1984) 52.203-5 -- Covenant Against Contingent Fees. (May 2014) 52.203-6 -- Restrictions on Subcontractor Sales to the Government. (Sep 2006) 52.203-7 -- Anti-Kickback Procedures. (May 2014) 52.203-8 -- Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (May 2014) 52.203-10 -- Price or Fee Adjustment for Illegal or Improper Activity. (May 2014) 52.203-12 -- Limitation on Payments to Influence Certain Federal Transactions. (Oct 2010).

52.203-17 – Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (Apr 2014) 52.204-4 -- Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011) 52.204-9 -- Personal Identity Verification of Contractor Personnel. (Jan 2011) 52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards. (Oct 2015) 52.204-13 – System for Award Management Maintenance. (Jul 2013) 52.204-14 – Service Contract Reporting Requirements (Jan 2014) 52.204-18 -- Commercial and Government Entity Code Maintenance. (Nov 2014) 52.204-19 – Incorporation by Reference of Representations and Certifications. (Dec 2014) 52.204-21 – Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) 52.209-6 -- Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) 52.209-10 – Prohibition on Contracting With Inverted Domestic Corporations. (Nov 2015) 52.215-2 -- Audit and Records – Negotiation. (Oct 2010) 52.219-3 – Notice of HUBZone Set-Aside or Sole Source Award (Nov 2011)

52.215-8 -- Order of Precedence -- Uniform Contract Format. (Oct 1997) 52.219-8 -- Utilization of Small Business Concerns. (Oct 2014) 52.219-14 -- Limitations on Subcontracting. (Nov 2011) 52.219-28 – Post-Award Small Business Program Rerepresentation. (Jul 2013) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 237110 assigned to solicitation number P17PS01105 and the resultant contract.

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

(End of clause)

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52.222-3 -- Convict Labor. (June 2003) 52.222-4 -- Contract Work Hours and Safety Standards -- Overtime Compensation. (May 2014) 52.222-6 – Construction Wage Rate Requirements. (May 2014) 52.222-7 -- Withholding of Funds. (May 2014) 52.222-8 -- Payrolls and Basic Records. (May 2014) 52.222-9 -- Apprentices and Trainees. (Jul 2005) 52.222-10 -- Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 -- Subcontracts (Labor Standards). (May 2014) 52.222-12 -- Contract Termination – Debarment. (May 2014) 52.222-13 -- Compliance with Construction Wage Rate Requirements and Related Regulations.

(May 2014) 52.222-14 -- Disputes Concerning Labor Standards. (Feb 1988) 52.222-15 -- Certification of Eligibility. (May 2014) 52.222-21 -- Prohibition of Segregated Facilities. (Apr 2015) 52.222-26 -- Equal Opportunity. (Apr 2015) 52.222-27 -- Affirmative Action Compliance Requirements for Construction. (Apr 2015) 52.222-35 -- Equal Opportunity for Veterans. (Oct 2015) 52.222-36 – Equal Opportunity for Workers With Disabilities. (Jul 2014) 52.222-37 -- Employment Reports on Veterans. (Feb 2016) 52.222-40 – Notification of Employee Rights Under the National Labor Relations Act. (Dec 2010) 52.222-50 -- Combating Trafficking in Persons. (Mar 2015) 52.223-2 -- Affirmative Procurement of Biobased Products Under Service And Construction Contracts. (Sep 2013) 52.223-5 -- Pollution Prevention and Right-to-Know Information. (May 2011) 52.223-6 -- Drug-Free Workplace. (May 2001) 52.223-17 – Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts. (May 2008) 52.223-18 – Encouraging Contractor Policies to Ban Text Messaging While Driving. (Aug 2011) 52.225-13 -- Restrictions on Certain Foreign Purchases. (Jun 2008) 52.227-1 -- Authorization and Consent. (Dec 2007) 52.227-2 -- Notice and Assistance Regarding Patent and Copyright Infringement. (Dec. 2007) 52.227-4 -- Patent Indemnity -- Patent Indemnity -- Construction Contracts (Dec 2007)

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52.228-2 -- Additional Bond Security. (Oct 1997) 52.228-5 -- Insurance -- Work on a Government Installation. (Jan 1997) 52.228-11 -- Pledges of Assets. (Jan 2012) 52.228-12 -- Prospective Subcontractor Requests for Bonds. (May 2014) 52.228-14 -- Irrevocable Letter of Credit. (Nov 2014) 52.228-15 -- Performance and Payment Bonds – Construction (Oct 2010) 52.229-3 -- Federal, State, and Local Taxes. (Feb 2013) 52.232-5 -- Payments Under Fixed-Price Construction Contracts. (May 2014) 52.232-17 -- Interest. (May 2014) 52.232-23 -- Assignment of Claims. (May 2014) 52.232-27 -- Prompt Payment for Construction Contracts. (May 2014) 52.232-33 -- Payment by Electronic Funds Transfer-- System for Award Management. (Jul. 2013) 52.232-39 – Unenforceability of Unauthorized Obligations. (Jun 2013) 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013) 52.233-1 -- Disputes. (May 2014) 52.233-3 -- Protest After Award. (Aug. 1996) 52.233-4 -- Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 -- Differing Site Conditions. (Apr 1984) 52.236-3 -- Site Investigation and Conditions Affecting the Work. (Apr 1984) 52.236-5 -- Material and Workmanship. (Apr 1984) 52.236-6 -- Superintendence by the Contractor. (Apr 1984) 52.236-7 -- Permits and Responsibilities. (Nov 1991) 52.236-8 -- Other Contracts. (Apr 1984) 52.236-9 -- Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

(Apr 1984) 52.236-10 -- Operations and Storage Areas. (Apr 1984) 52.236-11 -- Use and Possession Prior to Completion. (Apr 1984) 52.236-12 -- Cleaning Up. (Apr 1984) 52.236-13 -- Accident Prevention. (Nov 1991) 52.236-14 -- Availability and Use of Utility Services. (Apr 1984) 52.236-15 -- Schedules for Construction Contracts. (Apr 1984) 52.236-17 -- Layout of Work. (Apr 1984) 52.236-26 -- Preconstruction Conference. (Feb 1995) 52.242-13 -- Bankruptcy. (Jul 1995) 52.243-4 -- Changes. (Jun 2007) 52.244-6 -- Subcontracts for Commercial Items. (Feb 2016) 52.246-21 -- Warranty of Construction. (Mar 1994) 52.248-3 -- Value Engineering -- Construction (Oct 2015) 52.249-2 -- Termination for Convenience of the Government (Fixed-Price).(Apr 2012) Alternate I (Sep 1996).

52.253-1 -- Computer Generated Forms. (Jan 1991)

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52.203-19 – Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

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

“Internal confidentiality agreement or statement” means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

“Subcontract” means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with 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) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/02.htm#P9_576

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52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017)

(a) Definitions. As used in this clause (in accordance with 29 CFR 13.2)--

“Child, domestic partner, and domestic violence” have the meaning given in 29 CFR 13.2.

“Employee”—

(1)

(i) Means any person engaged in performing work on or in connection with a contract covered by Executive Order (E.O.) 13706; and

(A) Whose wages under such contract are governed by the Service Contract Labor Standards statute (41 U.S.C. chapter 67), the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), or the Fair Labor Standards Act (29 U.S.C. chapter 8);

(B) Including employees who qualify for an exemption from the Fair Labor Standards Act's minimum wage and overtime provisions;

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

(ii) Includes any person performing work 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) An employee performs ``on'' a contract if the employee directly performs the specific services called for by the contract; and

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

“Individual related by blood or affinity whose close association with the employee” is the equivalent of a family relationship has the meaning given in 29 CFR 13.2.

“Multiemployer plan” means a plan to which more than one employer is required to contribute and which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer.

“Paid sick leave” means compensated absence from employment that is required by E.O. 13706 and 29 CFR part 13.

“Parent, sexual assault, spouse, and stalking” have the meaning given in 29 CFR 13.2.

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

(b) Executive Order 13706.

(1) This contract is subject to E.O. 13706 and the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the E.O.

(2) If this contract is not performed wholly within the United States, this clause only applies with respect to that part of the contract that is performed within the United States.

(c) Paid sick leave. The Contractor shall--

(1) Permit each employee engaged in performing work on or in connection with this contract to earn not less than 1 hour of paid sick leave for every 30 hours worked;

(2) Allow accrual and use of paid sick leave as required by E.O. 13706 and 29 CFR part 13;

(3) Comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and 13.6, which are incorporated by reference in this contract;

(4) Provide paid sick leave to all employees when due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 13.24), rebate, or kickback on any account;

(5) Provide pay and benefits for paid sick leave used no later than one pay period following the end of the regular pay period in which the paid sick leave was taken; and

(6) Be responsible for the compliance by any subcontractor with the requirements of E.O. 13706, 29 CFR part 13, and this clause.

(d) Contractors may fulfill their obligations under E.O. 13706 and 29 CFR part 13 jointly with other contractors through a multiemployer plan, or may fulfill their obligations through an individual fund, plan, or program (see 29 CFR 13.8).

(e) Withholding. The Contracting Officer will, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this or any other Federal contract with the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay employees the full amount owed to compensate for any violation of the requirements of E.O. 13706, 29 CFR part 13, or this clause, including--

(1) Any pay and/or benefits denied or lost by reason of the violation;

(2) Other actual monetary losses sustained as a direct result of the violation; and

(3) Liquidated damages.

(f) Payment suspension/contract termination/contractor debarment.

(1) In the event of a failure to comply with E.O. 13706, 29 CFR part 13, or this clause, the contracting agency may, on its own action or after authorization or by direction of the Department

P17PS01105 Water Line - PERI Page 25 of 60 of Labor and written notification to the Contractor take action to cause suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(2) Any failure to comply with the requirements of this clause may be grounds for termination for default or cause.

(3) A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 13.52.

(g) The paid sick leave required by E.O. 13706, 29 CFR part 13, and this clause is in addition to the Contractor's obligations under the Service Contract Labor Standards statute and Wage Rate Requirements (Construction) statute, and the Contractor may not receive credit toward its prevailing wage or fringe benefit obligations under those Acts for any paid sick leave provided in satisfaction of the requirements of E.O. 13706 and 29 CFR part 13.

(h) Nothing in E.O. 13706 or 29 CFR part 13 shall excuse noncompliance with or supersede any applicable Federal or State law, any applicable law or municipal ordinance, or a collective bargaining agreement requiring greater paid sick leave or leave rights than those established under E.O. 13706 and 29 CFR part 13.

(i) Recordkeeping.

(1) The Contractor shall make and maintain, for no less than three (3) years from the completion of the work on the contract, records containing the following information for each employee, which the Contractor shall make available upon request for inspection, copying, and transcription by authorized representatives of the Administrator of the Wage and Hour Division of the Department of Labor:

(i) Name, address, and social security number of each employee.

(ii) The employee's occupation(s) or classification(s).

(iii) The rate or rates of wages paid (including all pay and benefits provided).

(iv) The number of daily and weekly hours worked.

(v) Any deductions made.

(vi) The total wages paid (including all pay and benefits provided) each pay period.

(vii) A copy of notifications to employees of the amount of paid sick leave the employee has accrued, as required under 29 CFR 13.5(a)(2).

(viii) A copy of employees' requests to use paid sick leave, if in writing, or, if not in writing, any other records reflecting such employee requests.

(ix) Dates and amounts of paid sick leave taken by employees (unless the Contractor's paid time off policy satisfies the requirements of E.O. 13706 and 29 CFR part 13 as described in 29 CFR 13.5(f)(5), leave shall be designated in records as paid sick leave pursuant to E.O. 13706).

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(x) A copy of any written responses to employees' requests to use paid sick leave, including explanations for any denials of such requests, as required under 29 CFR 13.5(d)(3).

(xi) Any records reflecting the certification and documentation the Contractor may require an employee to provide under 29 CFR 13.5(e), including copies of any certification or documentation provided by an employee.

(xii) Any other records showing any tracking of or calculations related to an employee's accrual or use of paid sick leave.

(xiii) The relevant contract.

(xiv) The regular pay and benefits provided to an employee for each use of paid sick leave.

(xv) Any financial payment made for unused paid sick leave upon a separation from employment intended, pursuant to 29 CFR 13.5(b)(5), to relieve the Contractor from the obligation to reinstate such paid sick leave as otherwise required by 29 CFR 13.5(b)(4).

(2)

(i) If the Contractor wishes to distinguish between an employee's covered and noncovered work, the Contractor shall keep records or other proof reflecting such distinctions. Only if the Contractor adequately segregates the employee's time will time spent on noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. Similarly, only if the Contractor adequately segregates the employee's time may the Contractor properly refuse an employee's request to use paid sick leave on the ground that the employee was scheduled to perform noncovered work during the time he or she asked to use paid sick leave.

(ii) If the Contractor estimates covered hours worked by an employee who performs work in connection with contracts covered by the E.O. pursuant to 29 CFR 13.5(a)(1)(i) or (iii), the Contractor shall keep records or other proof of the verifiable information on which such estimates are reasonably based. Only if the Contractor relies on an estimate that is reasonable and based on verifiable information will an employee's time spent in connection with noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. If the Contractor estimates the amount of time an employee spends performing in connection with contracts covered by the E.O., the Contractor shall permit the employee to use his or her paid sick leave during any work time for the Contractor.

(3) In the event the Contractor is not obligated by the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, or the Fair Labor Standards Act to keep records of an employee's hours worked, such as because the employee is exempt from the Fair Labor Standards Act's minimum wage and overtime requirements, and the Contractor chooses to use the assumption permitted by 29 CFR 13.5(a)(1)(iii), the Contractor is excused from the requirement in paragraph (i)(1)(iv) of this clause and 29 CFR 13.25(a)(4) to keep records of the employee's number of daily and weekly hours worked.

(4)

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(i) Records relating to medical histories or domestic violence, sexual assault, or stalking, created for purposes of E.O. 13706, whether of an employee or an employee's child, parent, spouse, domestic partner, or other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, shall be maintained as confidential records in separate files/records from the usual personnel files.

(ii) If the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA), section 503 of the Rehabilitation Act of 1973, and/or the Americans with Disabilities Act (ADA) apply to records or documents created to comply with the recordkeeping requirements in this contract clause, the records and documents shall also be maintained in compliance with the confidentiality requirements of the GINA, section 503 of the Rehabilitation Act of 1973, and/or ADA as described in 29 CFR 1635.9, 41 CFR 60-741.23(d), and 29 CFR 1630.14(c)(1), respectively.

(iii) The Contractor shall not disclose any documentation used to verify the need to use 3 or more consecutive days of paid sick leave for the purposes listed in 29 CFR 13.5(c)(1)(iv) (as described in 29 CFR 13.5(e)(1)(ii)) and shall maintain confidentiality about any domestic abuse, sexual assault, or stalking, unless the employee consents or when disclosure is required by law.

(5) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the…