Sol_140A1622R0021.pdf

Solicitation No. 140A1622R0021 Page 3 of 91

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. Background

B.1.1. The C-MAC will consist of a pool of Indefinite Delivery Indefinite Quantity (IDIQ) contracts in a Multiple Award Contract (MAC) arrangement consistent with FAR Subpart

16.504. Work performed under the C-MAC will encompass a wide range of Design-Build (DB) and Design-Bid-Build (DBB) projects that include, but are not limited to: new construction; offsite design build construction*; offsite construction (modular construction)**; demolition, repair, alteration, and renovation of buildings; systems and infrastructure; and, may include civil, structural, mechanical, electrical, fire protection, and communication systems. Types of facilities to be constructed include but are not limited to:

educational, detention, medical, administrative, industrial, operational, maintenance, warehouses, communications, personnel support, recreation, lodging, dormitory, training, ranges, and roads.

B.1.2. C-MAC pool members will compete for task orders, and task order awardees will be responsible for all labor, supervision, engineering, design, materials, equipment, tools, parts, supplies, and transportation to perform the services described in the drawings and specifications for each individual project.

B.1.3. IA is targeting fifteen (15) IDIQ contracts to be awarded to qualified Offerors. The Government reserves the right to award fewer or more than fifteen (15) IDIQ contracts.

The total price for all contracts combined will not exceed $1,500,000,000.00 ($1.5 billion) for the five-year life of the contracts.

B.1.4. Most projects awarded on this C-MAC will have an estimated construction cost of approximately $5,000,000.00 to $30,000,000.00; however, smaller and larger dollar value projects may be considered. The Government anticipates that several projects under the C- MAC will be in $65,000,000.00 - $100,000,000.00 range.

B.2. Contract Type

B.2.1. All task orders awarded under the C-MAC will be fixed-price contracts consistent with FAR Subpart 16.2.

B.3. Minimum Guarantees and Maximum Ceiling

B.3.1. The minimum guarantee is $10,000.00 for each C-MAC pool member that is not awarded a task order for the full term of the C-MAC ordering period. Please note that this minimum guarantee will not apply to C-MAC pool members that are off-ramped in accordance with section H.2 of this solicitation.

B.3.2. There is no maximum ceiling on task order prices, however FAR 52.216-19 Order Limitations establishes that pool members are not obligated to propose on orders over $10,000,000.00.

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B4. Ordering Procedures

B.4.1. Task orders issued under the C-MAC will conform to FAR 16.505 Ordering. Each awardee will be provided with a fair opportunity for consideration unless an exception at FAR 16.606(b)(2) applies. Each task order solicitation will include the significant factors that the agency expects to consider in evaluating proposals, and their relative importance.

It is expected that awards will generally be made on a best value basis using either a trade-off or lowest price technically acceptable method.

B.5. Task Order Pricing

B.5.1. Task order pricing will be proposed in response to each task order solicitation. All task order pricing will be fixed-priced. No price schedule will be established at the IDIQ level.

END OF SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

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SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1. Work under this multiple award contract will encompass a wide range of design/build and design/bid/build projects that include but are not limited to: new construction; offsite design build construction; offsite construction (modular construction); demolition, repair, alteration, and renovation of buildings; systems and infrastructure; and, may include civil, structural, mechanical, electrical, fire protection, and communication systems. Types of facilities to be constructed include but are not limited to: educational, detention, medical, administrative, industrial, operational, maintenance, warehouses, communications, personnel support, recreation, lodging, dormitory, training, ranges, and roads. The selected contractors will be responsible for all labor, supervision, engineering, design, materials, equipment, tools, parts, supplies, and transportation to perform the services described in the drawings and specifications for each individual project. Work may be located across the Continental United States and Indian Country.

C.2. Attachment 1, Statement of Work (SOW) Construction Multiple Award Contract (C-MAC) dated January 28, 2022 establishes a general statement of work for C-MAC procurement. All task orders solicitations will include statements of work and/or plans and specifications for the specific work to be accomplished under the contract.

END OF SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

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SECTION D – PACKAGING AND MARKING

THIS PAGE IS INTENTIONALLY LEFT BLANK

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SECTION E – INSPECTION AND ACCEPTANCE

E.1. Federal Acquisition Regulation (FAR) Clauses/Provisions Incorporated by Reference

FAR 52.246-12 Inspection of Construction (August 1996)

E.2. Department of the Interior Regulation (DIAR) Clauses/Provisions Incorporated by Full Text

DIAR 1452.204-70 Release of Claims - Department of the Interior (July 1996)

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

(End of clause)

END OF SECTION E – INSPECTION AND ACCEPTANCE

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SECTION F – DELIVERIES OR PERFORMANCE

F.1. Federal Acquisition Regulation (FAR) Clauses/Provisions Incorporated by Reference

FAR 52.211-13 Time Extensions (September 2000) FAR 52.211-18 Variation in Estimated Quantity (April 1984) FAR 52.236-15 Schedules for Construction Contracts (April 1984) FAR 52.242-14 Suspension of Work (April 1984)

F.2. Federal Acquisition Regulation (FAR) Clauses/Provisions Incorporated by Full Text

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (April 1984)

The Contractor shall be required to (a) commence work under this contract within the time stated in each individual Task Order 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 the time stated in each individual Task Order. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

FAR 52.211-12 Liquidated Damages—Construction (September 2000)

If the Contractor fails to complete the work within the time specified in the contract, the Contractor will pay liquidated damages to the Government in the amount of (each individual Task Order will specify the amount of liquidated damages) for each calendar day of delay until the work is completed or accepted.

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

(End of Clause)

END OF SECTION F – DELIVERIES OR PERFORMANCE

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SECTION G – CONTRACT ADMINISTATION DATA

G.1. Federal Acquisition Regulation (FAR) Clauses/Provisions Incorporated by Full Text

FAR 52.216-32 Task-Order and Delivery-Order Ombudsman (September 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Erica Nemmers U.S. Department of the Interior, Indian Affairs 12220 Sunrise Valley Drive Reston, VA 20191 erica.nemmers@bia.gov

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(d) Contracts used by multiple agencies.

(1) This is a contract that is used by multiple agencies. Complaints from Contractors concerning orders placed under contracts used by multiple agencies are primarily reviewed by the task-order and delivery-order Ombudsman for the ordering activity.

(2) The ordering activity has designated the following task-order and delivery-order Ombudsman for this order:

Erica Nemmers U.S. Department of the Interior, Indian Affairs 12220 Sunrise Valley Drive Reston, VA 20191 erica.nemmers@bia.gov

(3) Before consulting with the task-order and delivery-order Ombudsman for the ordering activity, the Contractor is encouraged to first address complaints with the ordering activity's Contracting Officer for resolution. When requested by the Contractor, the task-order and delivery-order Ombudsman for the ordering activity https://www.govinfo.gov/content/pkg/USCODE-2017-title41/html/USCODE-2017-title41-subtitleI-divsnC-chap41-sec4106.htm mailto:erica.nemmers@bia.gov

Solicitation No. 140A1622R0021 Page 10 of 91 may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of Clause)

G.3. Department of the Interior Regulation (DIAR) Clauses/Provisions Incorporated by Full Text

DIAR 1452.201-70 Authorities and Delegations (September 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) for each task order at time of task order 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.

(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 Clause)

G.4. Local Clauses

Administration of Multiple Award Contracts (MACs) and Task Orders:

(a) The Indian Affairs (IA) Central Acquisition Office is responsible for the award and administration of this MAC (e.g. award of each Indefinite Delivery Indefinite Quantity (IDIQ) contract and issuing other unilateral and bilateral modifications to the IDIQ contracts).

(b) All Department of the Interior (DOI) bureaus and offices are authorized ordering offices under this MAC. DOI Ordering Offices will be responsible for awarding and administering their respective Task Orders issued under this MAC.

(End of Local Clause)

Task Order Awards:

Task Orders under the ensuing contracts shall be awarded in accordance with FAR 16.505(b). There is no guarantee that work will be equally or relatively equally shared amongst the multiple awardees.

(End of Local Clause)

Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (April 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

Solicitation No. 140A1622R0021 Page 12 of 91 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:

See FAR 52.232-10

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 SAM) 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 Local Clause)

END OF SECTION G – CONTRACT ADMINISTATION DATA

https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1. Local Clauses (Only Applicable to Indian Affairs)

BACKGROUND INVESTIGATION

(a) In accordance with 25 U.S.C. 3201 (P.L. 101-630), Indian Child Protection and Family Violence Prevention Act; 42 U.S.C. 13041, Crime Control Act of 1990; 441 Departmental Manual, Personnel Security and Suitability Requirements all positions with duties and responsibilities involving regular contact with or control over Indian children are subject to a background investigation and determination of suitability for employment.

(b) Accordingly, all such positions require a favorable screening (applicant and suitability) determination made by the Bureau of Indian Affairs (BIA) Office of Indian Education Programs (OIEP), Personnel Security and Suitability Program; and a favorable background investigation determination conducted by the Office of Personnel Management (OPM).

(c) A favorable screening (applicant and suitability) determination must be made by the Bureau of Indian Affairs (BIA) Office of the Indian Education Programs (OIEP), Personnel Security and Suitability Program prior to contract award or made within 60 days of incorporation of this clause into a current/existing contract. Pending completion of a background investigation by OPM, the Contractor who has been granted a favorable screening (applicant and suitability) determination must be within the sight and under the supervision of a Government employee who has had a completed background investigation (42 U.S.C 13041 (3)) during contract performance until a final background investigation determination has been made.

(d) Prior employment with the Federal Government, including BIA, OIEP or the Bureau of Indian Affairs, does not assure that the appropriate screening or investigation was conducted nor does it alleviate or guarantee a favorable screening (applicant and suitability) determination or background investigation.

(e) Prior to an award or during the 60 day period discussed in paragraph two, it is solely the company, individual or contractor's responsibility to contact the BIA, OIEP Personnel Security and Suitability Program at 505-563-5287/5288/5289/5294 in order to obtain a complete security package, which includes but is not limited to appropriate investigative forms and/or inquire about their previous investigation; and, obtain a screening (applicant and suitability) determination, and subsequent final background investigation.

(f) If an unfavorable screening (applicant and suitability) determination is made, a purchase order shall not be awarded to the individual who received an unfavorable screening or to the company who has proposed to employ the individual to perform the work. The individual and or the company who proposed to employ this individual may

Solicitation No. 140A1622R0021 Page 14 of 91 be determined to be non-responsible if an unfavorable screening (applicant and suitability) determinations is made, which will make them ineligible for purchase order award.

(g) If an unfavorable final background investigation determination is made, the purchase order may be terminated and the employee in question shall not be authorized to provide service to the BIA, OIEP, if the services involve contact with or regular control over Indian children.

H.2. Off-Ramping

The Government reserves the unilateral right to Off-Ramp Contractors from the C-MAC pool.

Off-Ramping is a mechanism by which the Government can remove contractors who are not competitive in the C-MAC pool. Off-Ramping from the C-MAC will be accomplished via Termination for Convenience of the IDIQ. If a C-MAC pool member is off-ramped while it is performing active task orders, those task orders may be terminated (for convenience or, if applicable, default), or the IDIQ may be put in a hiatus status with no new task orders awarded until the active task orders are complete and the IDIQ can be terminated for convenience.

Below are example conditions that may lead C-MAC contractors to be removed from the C- MAC pool:

The pool member does not submit any proposals despite having received four requests for proposal that are within the ordering limitations established in this solicitation under FAR 52.216-19 Order Limitations.

The pool member submits proposals that are consistently much higher than competitive proposals. The pool members proposed prices are greater than the mean average proposed price by more than 50% for three proposals in a row.

The pool member receives an adverse past performance rating on a C-MAC CPARS.

After the pool members uses its opportunity to address the adverse past performance, the Government is still unsatisfied with performance.

Pool members who have been Off-Ramped are not entitled to receive the minimum guarantee established at the time of IDIQ award and addressed in Section B.3.

H.7 On-Ramping

The Government reserves the right to utilize an On-Ramping concept, consistent with FAR 16.504(c)(1)(ii)(A), to maintain sufficient competition among the C-MAC awardees by adding pool members after the original selection is made. This will be done by requesting and evaluating proposals in a manner consistent with the original solicitation. The Government may determine at any time that it would be in the Government’s best interest to initiate an open season to add additional contractors to the C-MAC pool.

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If the Government initiates an open season, a notice will be published in Federal Business Opportunities in accordance with FAR Part 5, Publicizing Contract Action. Any open season solicitation issued will adhere to all Federal procurement law current at the time of solicitation, and the award decision under the open season solicitation will be based upon substantially the same evaluation factors/subfactors as the original solicitation. The On Ramp solicitation will identify the target number of new contracts intended to be awarded in response to the On Ramp solicitation notice. The terms and conditions of any resulting awards will be materially the same as the existing awards to the original C-MAC awardees. Any new awards will end at the same time as the existing term for all other C-MAC contracts. Immediately upon on-ramping, the new C-MAC pool member will be eligible to submit a proposal in response to any task order solicitation and receive task order awards with the same rights and obligations as any other pool member.

H.8 Project Labor Agreements

Task Orders issued to the C-MAC pool may require project labor agreements consistent with Executive Order (E.O.) 14063, Use of Project Labor Agreements for Federal Construction Projects, issued February 4, 2022 (87 FR 7363, February 9, 2022). Each task order that requires a project labor agreement will so state in its solicitation or scope of work and will outline the requirements for the agreement. In general, it is expected that projects with estimates over $35 million will require project labor agreements.

(End of Local Clause)

END OF SECTION H – SPECIAL CONTRACT REQUIREMENTS

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SECTION I – CONTRACT CLAUSES

I.1. Federal Acquisition Regulation (FAR) Clauses/Provisions Incorporated by Reference

FAR 52.202-1 Definitions (June 2020) FAR 52.203-3 Gratuities (April 1984) FAR 52.203-5 Covenant Against Contingent Fees (May 2014) FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (June 2020)

Alternate I (November 2021) FAR 52.203-7 Anti-Kickback Procedures (June 2020) FAR 52.203-8 Cancellation, Recission, and Recovery of Funds for Illegal or Improper

Activity (May 2014) FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions

(June 2020) FAR 52.203-13 Contractor Code of Business Ethics and Conduct (November 2021) FAR 52.203-14 Display of Hotline Poster(s) (November 2021) FAR 52.203-15 Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009 (June 2010) FAR 52.203-16 Preventing Personal Conflicts of Interest (June 2020) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To

Inform Employees of Whistleblower Rights (June 2020) FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (January 2017) FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

(May 2011) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (January 2011) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(June 2020) FAR 52.204-13 System for Award Management Maintenance (October 2018) FAR 52.204-14 Service Contract Reporting Requirements (October 2016) FAR 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (October 2016) FAR 52.204-18 Commercial and Government Entity Code Maintenance (August 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications

(December 2014) FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (November 2021)

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (November 2021)

FAR 52.207-3 Right of First Refusal of Employment (May 2006) FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (November 2021) FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility

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Matters (October 2018) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

(November 2015) FAR 52.210-1 Market Research (November 2021) FAR 52.215-2 Audit and Records-Negotiation (June 2020) FAR 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-

Modifications (June 2020) FAR 52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications (June

2020) FAR 52.215-21 Subcontractor Certified Cost or Pricing Data-Modifications (Nov 2021) FAR 52.216-4 Economic Price Adjustment – Labor and Material FAR 52.219-6 Notice of Total Small Business Set-Aside (November 2020) FAR 52.219-8 Utilization of Small Business Concerns (October 2018) FAR 52.219-14 Limitations on Subcontracting (September 2021) FAR 52.219-28 Post-Award Small Business Program Representation (September 2021) FAR 52.222-3 Convict Labor (June 2003) FAR 52.222-4 Contract Work Hours and Safety Standards-Overtime Compensation

(May 2018) FAR 52.222-5 Construction Wage Rate Requirements- Secondary Site of the Work

(May 2014) FAR 52.222-6 Construction Wage Rate Requirements (August 2018) FAR 52.222-7 Withholding of Funds (May 2014) FAR 52.222-8 Payrolls and Basic Records (July 2021) FAR 52.222-9 Apprentices and Trainees (July 2005) FAR 52.222-10 Compliance with Copeland Act Requirements (February 1988) FAR 52.222-11 Subcontracts (Labor Standards) (May 2014) FAR 52.222-12 Contract Termination-Debarment (May 2014) FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related

Regulations (May 2014) FAR 52.222-14 Disputes Concerning Labor Standards (February 1988) FAR 52.222-15 Certification of Eligibility (May 2014) FAR 52.222-21 Prohibition of Segregated Facilities (April 2015) FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment (February 1999) FAR 52.222-26 Equal Opportunity (September 2016) FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (April

2015) FAR 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or

Separately Specified Method) (August 2018) FAR 52.222-31 Construction Wage Rate Requirements-Price Adjustment (Percentage

Method) (August 2018) FAR 52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual

Method) (August 2018) FAR 52.222-33 Notice of Requirement for Project Labor Agreement (May 2010)

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Alternate II (May 2010)

FAR 52.222-34 Project Labor Agreement (May 2010) Alternate I (May 2010)

FAR 52.222-37 Employment Reports on Veterans (June 2020) FAR 52.222-40 Notification of Employee Rights under the National Labor Relations

Act (December 2010) FAR 52.222-50 Combating Trafficking in Persons (November 2021) FAR 52.222-54 Employment Eligibility Verification (November 2021) FAR 52.222-55 Minimum Wages Under Executive Order 13658 (November 2020) FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (January 2017) FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction (September 2013) FAR 52.223-3 Hazardous Material Identification and Material Safety Data (February

2021) Alternate I (July 1995) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) Alternate II (May 2011) FAR 52.223-6 Drug-Free Workplace (May 2001) FAR 52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (June 2016) FAR 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June 2016) FAR 52.223-15 Energy Efficiency in Energy-Consuming Products (May 2020) FAR 52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts (August 2018) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(June 2020) FAR 52.223-19 Compliance with Environmental Management Systems (May 2011) FAR 52.223-21 Foams (June 2016) FAR 52.225-13 Restrictions on Certain Foreign Purchases (February 2021) FAR 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic

Enterprises (June 2000) FAR 52.227-1 Authorization and Consent (June 2020) FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

(June 2020) FAR 52.227-4 Patent Indemnity-Construction Contracts (December 2007) FAR 52.227-17 Rights in Data-Special Works (December 2007) FAR 52.227-23 Rights to Proposal Data (Technical) (June 1987) FAR 52.228-2 Additional Bond Security (October 1997) FAR 52.228-5 Insurance-Work on a Government Installation (January 1997) FAR 52.228-11 Individual Surety—Pledge of Assets (February 2021) FAR 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014) FAR 52.228-14 Irrevocable Letter of Credit (November 2014)

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FAR 52.228-15 Performance and Payment Bonds-Construction (June 2020) FAR 52.229-1 State and Local Taxes (April 1984) FAR 52.229-2 North Carolina State and Local Sales and Use Tax (April 1984) FAR 52.229-3 Federal, State, and Local Taxes (February 2013) FAR 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) FAR 52.232-16 Progress Payments (November 2021)

Alternate I (March 2000) FAR 52.232-17 Interest (May 2014) FAR 52.232-23 Assignment of Claims (May 2014) FAR 52.232-27 Prompt Payment for Construction Contracts (January 2017) FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management

(October 2018) FAR 52.232-37 Multiple Payment Arrangements (May 1999) FAR 52.232-39 Unenforceability of Unauthorized Obligations (June 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Dec 2013) FAR 52.233-1 Disputes (May 2014)

Alternate I (December 1991) FAR 52.233-3 Protest after Award (August 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (October 2004) FAR 52.236-1 Performance of Work by the Contractor (April 1984) FAR 52.236-2 Differing Site Conditions (April 1984) FAR 52.236-3 Site Investigation and Conditions Affecting the Work (April 1984) FAR 52.236-5 Material and Workmanship (April 1984) FAR 52.236-6 Superintendence by the Contractor (April 1984) FAR 52.236-7 Permits and Responsibilities FAR 52.236-8 Other Contracts (April 1984) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (April 1984) FAR 52.236-10 Operations and Storage Areas (April 1984) FAR 52.236-11 Use and Possession Prior to Completion (April 1984) FAR 52.236-12 Cleaning Up (April 1984) FAR 52.236-13 Accident Prevention (November 1991) FAR 52.236-14 Availability and Use of Utility Services (April 1984) FAR 52.236-15 Schedules for Construction Contracts (April 1984) FAR 52.236-16 Quantity Surveys (April 1984) FAR 52.236-17 Layout of Work (April 1984) FAR 52.236-21 Specifications and Drawings for Construction (February 1997) FAR 52.236-26 Preconstruction Conference (February 1995) FAR 52.242-13 Bankruptcy (July 1995) FAR 52.243-4 Changes (June 2007) FAR 52.243-7 Notification of Changes (January 2017) FAR 52.244-5 Competition in Subcontracting (December 1996) FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services

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(November 2021) FAR 52.245-1 Government Property (September 2021) FAR 52.245-9 Use and Charges (April 2012) FAR 52.246-21 Warranty of Construction (May 1994)

Alternate I (April 1994) FAR 52.248-3 Value Engineering-Construction (October 2020)

Alternate I (April 1984) FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (April

2012) Alternate I (September 1996)

FAR 52.249-10 Default (Fixed-Price Construction) (April 1984) Alternate II (April 1984)

FAR 52.250-1 Indemnification Under Public Law 85-804 (April 1984) FAR 52.253-1 Computer Generated Forms (Jan 1991)

I.2. Federal Acquisition Regulation (FAR) Clauses/Provisions Incorporated by Full Text

FAR 52.252-2 Clauses Incorporated By Reference (February 1998)

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

https://www.acquisition.gov/content/regulations

FAR 52.216-18 Ordering (October 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 September 2022 through 31 August 2027.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either— https://www.acquisition.gov/content/regulations

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(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

FAR 52.216-19 Order Limitations (October 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $10,000,000.00;

(2) Any order for a combination of items in excess of $10,000,000.00 or

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

FAR 52.216-22 Indefinite Quantity (October 1995) https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1058745

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

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 August 2027.

(End of clause)

FAR 52.217-7 Option for Increased Quantity-Separately Priced Line Item (March 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule.

The Contracting Officer may exercise the option by written notice to the Contractor within 5 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

FAR 52.217-8 Option to Extend Services (November 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before the contract expires.

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FAR 52.217-9 Option to Extend the Term of the Contract (March 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor before the term of the contract expires provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of Clause)

FAR 52.222-35 Equal Opportunity for Veterans (June 2020)

(a) Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR) 22.1301.

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

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

FAR 52.222-36 Equal Opportunity for Workers with Disabilities (June 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause https://www.acquisition.gov/far/part-22#FAR_22_1301 https://www.acquisition.gov/far/part-22#FAR_22_1303

Solicitation No. 140A1622R0021 Page 24 of 91 prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008)

(a) Definitions. As used in this clause-

Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered material."

"Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall-

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to _____________________ [Contracting Officer complete in accordance with agency procedures].

(End of clause)

FAR 52.225-9 Buy American–Construction Materials (November 2021)

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item— https://www.acquisition.gov/far/part-22#FAR_22_1408

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(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit.

Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or https://www.acquisition.gov/far/part-2#FAR_2_101

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(ii) A construction material manufactured in the United States, if–

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components.

Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic.

Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

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"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference. (1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

________________________________________________[Contracting Officer to list applicable excepted materials or indicate "none"]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(ii) The application of the restriction of the Buy American…