Solicitation - FA252120B0021 (1).pdf

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

b. An offer guarantee is, is not required.

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

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

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

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

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

12b. CALENDAR DAYS

YES NO

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

AMOUNTS

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

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

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

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

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

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

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

FA252120B0021

Section A - Solicitation/Contract Form

Section B - Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Base Bid - Price for the entire Work, complete with site modification work, in accordance with the drawings and technical specifications.

Product Service Code: Z2NB Firm Fixed Price

1.0 Lot

Option - All Work in connection with new electric service line from existing transformer to west end of facility, complete in accordance with the drawings and specifications.

Product Service Code: Z2NB Firm Fixed Price

1.0 Lot

Section C - Description/Specifications/Statement of Work

Requirements Contractor to provide all plant, labor, materials and equipment necessary to renovate the Complex 25 blockhouse (FAC 51900) for use by Strategic Weapons System Ashore (SWSA) as an operations center. The work includes replacement of the HVAC system, interior building modifications, building envelope/foundation repairs, installation of fire alarm/mass notification system, disposal of old communication equipment, and electrical and plumbing improvements in accordance with the contract Drawings and Technical Specifications.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996 52.246-13 Inspection--Dismantling, Demolition, or Removal of Improvements AUG 1996

WEEKLY PROGRESS REPORTS

For the purpose of clause 52.236-15, Schedules for Construction Contracts, the Contractor shall use AF IMT 3065, or equivalent, to chart progress and submit weekly within one week of actual performance.

0001 Inspection and Acceptance Location Both Destination Instructions: Work is to furnish all materials, labor and equipment to perform all work required for Project DBEH 19-1536, Repair SWSA Operations Center.

DoDAAC: F3K3DH Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F3K3DH 45 CES CEZ

AF NO MILSBILLS PROC CP 3214670934

180 W SKID STRIP RD

CANAVERAL AIR STATION, FL 32925 2230

United States

OfficeCode:

Greg Deal Telephone: 321 853-0919 Email: gregory.deal.1@us.af.mil

0002 Inspection and Acceptance Location Both Destination Instructions: OPTION_ Work in connection with new electric service line from existing transformer to west end of facility, complete in accordance wit the drawings and specifications.

DoDAAC: F3K3DH Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F3K3DH 45 CES CEZ

AF NO MILSBILLS PROC CP 3214670934

180 W SKID STRIP RD

CANAVERAL AIR STATION, FL 32925 2230

United States

OfficeCode:

Greg Deal Telephone: 321 853-0919 Email: gregory.deal.1@us.af.mil

Section F - Deliveries or Performance

CLAUSES INCORPORATED BY REFERENCE

52.211-13--Time Extensions. 2000-09 52.211-18--Variation in Estimated Quantity. 1984-04 52.242-14--Suspension of Work. 1984-04 52.247-34--F.O.B. Destination. 1991-11

CLAUSES INCORPORATED BY FULL TEXT

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 215 calendar days after notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $358.63 for the first calendar day of delay and $282.01 for each calendar day of delay thereafter until the work is completed or accepted.

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

(End of clause)

Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to completion of performance 180 Calendar Days Date of Notice to Proceed Receipt

Place of Performance DoDAAC: F3K3DH Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F3K3DH 45 CES CEZ

AF NO MILSBILLS PROC CP 3214670934

180 W SKID STRIP RD

CANAVERAL AIR STATION, FL 32925 2230

United States

OfficeCode:

Greg Deal Telephone: 321 853-0919 Email: gregory.deal.1@us.af.mil

Delivery Schedule Ship To Address

Place of Performance DoDAAC: F3K3DH Cage:

Delivery Schedule From date of lead time event to completion of performance 180 Calendar Days Date of Notice to Proceed Receipt

DunsNumber:

Duns4Number:

CountryCode: USA

F3K3DH 45 CES CEZ

AF NO MILSBILLS PROC CP 3214670934

180 W SKID STRIP RD

CANAVERAL AIR STATION, FL 32925 2230

United States

OfficeCode:

Greg Deal Telephone: 321 853-0919 Email: gregory.deal.1@us.af.mil

Section G - Contract Administration Data

CLAUSES INCORPORATED BY REFERENCE

252.204-7006 Billing Instructions APR 2020

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

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

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area Work Flow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

Payment request and receiving report are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement DFARS 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

Construction Invoice and Progress Report

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items -

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F03000 Issue By DoDAAC FA2521 Admin DoDAAC FA2521 Inspect By DoDAAC FA2521 Ship To Code n/a Ship From Code n/a Mark For Code n/a Service Approver (DoDAAC) n/a Service Acceptor (DoDAAC) n/a Accept at Other DoDAAC FA2521 LPO DoDAAC n/a DCAA Auditor DoDAAC n/a Other DoDAAC(s) n/a

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field to WAWF once a document is submitted in the system:

Thomas.Smith.139@us.af.mil Leisa.zemba@us.af.mil

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Not Applicable

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section H - Special Contract Requirements

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1--Definitions. 2020-06 52.203-3--Gratuities. 1984-04 52.203-5--Covenant Against Contingent Fees. 2014-05 52.203-6--Restrictions on Subcontractor Sales to the Government. 2020-06 52.203-7--Anti-Kickback Procedures. 2020-06 52.203-8--Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. 2014-05 52.203-10--Price or Fee Adjustment for Illegal or Improper Activity. 2014-05 52.203-12--Limitation on Payments to Influence Certain Federal Transactions. 2020-06 52.203-17--Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. 2020-06 52.203-19--Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. 2017-01 52.204-2 Alt II --Security Requirements - Alternate II. 1984-04 52.204-4--Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05 52.204-9--Personal Identity Verification of Contractor Personnel. 2011-05 52.204-10--Reporting Executive Compensation and First-Tier Subcontract Awards. 2020-06 52.204-13--System for Award Management Maintenance. 2018-10 52.204-18--Commercial and Government Entity Code Maintenance 2016-07 52.204-19--Incorporation by Reference of Representations and Certifications. 2014-12 52.204-21--Basic Safeguarding of Covered Contractor Information Systems. 2016-06 52.204-23--Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. 2018-07 52.209-6--Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. 2020-06 52.209-9--Updates of Publicly Available Information Regarding Responsibility Matters. 2018-10 52.209-10--Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.214-26--Audit and Records-Sealed Bidding. 2020-06 52.214-27--Price Reduction for Defective Certified Cost or Pricing Data-Modifications-Sealed Bidding.2020-06 52.214-28--Subcontractor Certified Cost or Pricing Data-Modifications-Sealed Bidding. 2020-06 52.214-29--Order of Precedence-Sealed Bidding. 1986-01 52.219-6--Notice of Total Small Business Set-Aside. (Deviation 2020-O0008) 52.219-8--Utilization of Small Business Concerns. 2018-10 52.219-14--Limitations on Subcontracting. 2020-03 52.219-28--Post-Award Small Business Program Representation 2020-05

52.219-30--Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women Owned Small business Program. 2020-03 52.222-1--Notice to the Government of Labor Disputes. 1997-02 52.222-3--Convict Labor 2003-06 52.222-4--Contract Work Hours and Safety Standards - Overtime Compensation. 2018-03 52.222-6--Construction Wage Rate Requirements. 2018-08 52.222-7--Withholding of Funds. 2014-05 52.222-8--Payrolls and Basic Records. 2018-08 52.222-9--Apprentices and Trainees. 2005-07 52.222-10--Compliance with Copeland Act Requirements. 1988-02 52.222-11--Subcontracts (Labor Standards). 2014-05 52.222-12--Contract Termination-Debarment. 2014-05 52.222-13--Compliance with Construction Wage Rate Requirements and Related Regulations. 2014-05 52.222-14--Disputes Concerning Labor Standards. 1988-02 52.222-15--Certification of Eligibility. 2014-05

52.222-21--Prohibition of Segregated Facilities. 2015-04 52.222-23--Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. 1999-02 52.222-26--Equal Opportunity. 2016-09 52.222-27--Affirmative Action Compliance Requirements for Construction. 2015-04 52.222-35--Equal Opportunity Veterans. 2020-05 52.222-36--Equal Opportunity for Workers with Disabilities. 2020-05 52.222-37--Employment Reports on Veterans. 2020-06 52.222-40--Notification of Employee Rights Under the National Labor Relations Act. 2010-12 52.222-50--Combating Trafficking in Persons. 2019-01 52.222-54--Employment Eligibility Verification. 2015-10 52.222-55--Minimum Wages Under Executive Order 13658. 2015-12 52.222-62--Paid Sick Leave Under Executive Order 13706. 2017-01 52.223-1--Biobased Product Certification. 2012-05 52.223-2--Affirmative Procurement of Biobased Products Under Service and Construction Contracts. 2013-09 52.223-3--Hazardous Material Identification and Material Safety Data 1997-01 52.223-5--Pollution Prevention and Right-to-Know Information. 2011-05 52.223-6--Drug-Free Workplace. 2001-05 52.223-9--Estimate of Percentage of Recovered Material Content for EPA-Designated Item.s 2008-05 52.223-15--Energy Efficiency in Energy-Consuming Products. 2020-05 52.223-17--Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts. 2018-08 52.223-18--Encouraging Contractor Policies to Ban Text Messaging While Driving. 2020-06 52.223-21--Foams 2016-06 52.225-13--Restrictions on Certain Foreign Purchases. 2008-06 52.227-1--Authorization and Consent. 2020-06 52.227-4 Patent Indemnity-Construction Contracts. 2007-12 52.228-2--Additional Bond Security. 1997-10 52.228-5--Insurance-Work on a Government Installation. 1997-01 52.228-11--Pledges of Assets. Deviation 2020-O0016 52.228-12--Prospective Subcontractor Requests for Bonds. 2014-05 52.228-14--Irrevocable Letter of Credit. 2014-11 52.228-15 Performance and Payment Bonds--Construction. 2020-06 52.229-3--Federal, State, and Local Taxes. 2013-02 52.232-5--Payments under Fixed-Price Construction Contracts. 2014-05 52.232-17--Interest. 2014-05 52.232-23--Assignment of Claims. 2014-05 52.232-27--Prompt Payment for Construction Contracts. 2017-01 52.232-33--Payment by Electronic Funds Transfer-System for Award Management. 2018-10 52.232-39--Unenforceability of Unauthorized Obligations. 2013-06 52.232-40--Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1--Disputes. 2014-05 52.233-3--Protest after Award. 1996-08 52.233-4--Applicable Law for Breach of Contract Claim. 2004-10 52.236-2--Differing Site Conditions. 1984-04 52.236-3--Site Investigation and Conditions Affecting the Work. 1984-04 52.236-5--Material and Workmanship. 1984-04 52.236-6--Superintendence by the Contractor. 1984-04 52.236-7--Permits and Responsibilities. 1991-11 52.236-8--Other Contracts. 1984-04 52.236-9--Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. 1984-04 52.236-10--Operations and Storage Areas. 1984-04 52.236-11--Use and Possession Prior to Completion. 1984-04 52.236-12--Cleaning Up. 1984-04

52.236-13--Accident Prevention. 1991-11 52.236-14--Availability and Use of Utility Services. 1984-04 52.236-15--Schedules for Construction Contracts. 1984-04 52.236-17--Layout of Work. 1984-04 52.236-21--Specifications and Drawings for Construction. 1997-02 52.236-21--Alt I--Specifications and Drawings for Construction. 1984-04 52.236-26--Preconstruction Conference. 1995-02 52.242-13--Bankruptcy. 1995-07 52.243-4--Changes. 2007-06 52.246-21 --Warranty of Construction. 1994-03 52.244-6 Subcontracts for Commercial Items. 2020-06 52.248-3--Value Engineering-Construction. 2015-10 52.249-2 Alt I--Termination for Convenience of the Government (Fixed-Price). 1996-09 52.249-10--Default (Fixed-Price Construction). 1984-04 52.253-1--Computer Generated Forms. 1991-01

DFAS CLAUSES INCORPORATED BY REFERENCE

252.203-7000--Requirements Relating to Compensation of Former DoD Officials. 2011-09 252.203-7001--Prohibitions on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies 2008-12 252.203-7002--Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.203-7003--Agency Office of the Inspector General. 2019-08 252.204-7003--Control of Government Personnel Work Product. 1992-04 252.204-7004 --DoD Antiterrorism Awareness Training for Contractors. 2019-02 FEB 2019 252.204-7008--Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012--Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.204-7015--Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.205-7000--Provision of Information to Cooperative Agreement Holders. 1991-12 252.204-7018--Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

2019-12 252.205-7000--Provision of Information to Cooperative Agreement Holders. 1991-12 252.208-7000, Intent to Furnish Precious Metals as Government-Furnished Material, 1991-12 252.209-7004--Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism. 2019-05 252.223-7004--Drug Free Work Force. 1988-09 252.223-7006--Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.223-7008--Prohibition of Hexavalent Chromium. 2013-06 252.225-7001 Buy American and Balance of Payments Program DEC 2017 252.225-7012--Preference for Certain Domestic Commodities. 2017-12 252.225-7048--Export-Controlled Items. 2013-06 252.227-7033--Rights in Shop Drawings. 1966-04 252.232-7003--Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.232-7004--DOD Progress Payment Rates 2014-10 252.232-7010--Levies on Contract Payments. 2006-12 252.236-7000--Modification Proposals-Price Breakdown. 1991-12 252.236-7001--Contract Drawings, and Specifications . 2000-08 252.236-7005--Airfield Safety Precautions. 1991-12 252.243-7001--Pricing of Contract Modifications. 1991-12 252.243-7002--Requests for Equitable Adjustment. 2012-12 252.244-7000--Subcontracts for Commercial Items. 2013-06 252.245-7000--Government-Furnished Mapping, Charting, and Geodesy Property. 2012-04 2252.246-7004--Safety of Facilities, Infrastructure, and Equipment for Military Operations, 2010-10 252.247-7023--Transportation of Supplies by Sea -Basic. 2014-04

AFFARS CLAUSES INCORPORATED BY REFERENCE

5352.223-9000--Elimination of Use of Class I Ozone Depleting Substance (ODS). 2019-10

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment AUG 2020 As prescribed in 4.2105(a), insert the following provision:

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items.

(a) Definitions. As used in this provision- Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.

L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-- It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)

(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment AUG 2020 (a) Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.

L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(End of Clause)

52.225-9 BUY AMERICAN--CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause-- Commercially available off-the-shelf (COTS) item--

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

(i) A commercial item (as defined in paragraph (1) of the definition at 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.

Component means an article, material, or supply incorporated directly into a construction material.

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) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 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; or

(ii) The construction material is a COTS item.

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

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 component test of the Buy American Statute is waived for construction material that is a COTS item. (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 item or to the construction materials or components listed by the Government as follows:

(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 Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price(dollars) \1\ Item 1 Foreign construction material.... ........... ___ ........ ....... .......... ___ ......................... ___ Domestic construction material... ......... ___ ............................. ___ ......................... ___ Item 2 Foreign construction material.... .......... ___ ............. ....... ....... ___ ............... ......... ___ Domestic construction material... ........ ___ ................ ............. ___ ................. ....... ___ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

(End of clause)

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American --Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

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):

https://www.acquisition.gov/content/regulations (End of clause)

52.252-4 Alterations in Contract (Apr 1984) Portions of this contract are altered as follows:

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

AFFARS Clauses Incorporated by Full Text

5352.201-9101 Ombudsman OCT 2019

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes.

The ombudsman may refer the interested party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and /or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, USSF (United States Space Force) acquisitions (excluding SMC acquisitions) please contact the Director of Contracts, Air Force Installation Contracting Center, Operating Location - Space (AFICC/KS OL-SPC) via the following e-mail workflow address: afica.ks.wf@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer. (End of clause)

5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) (OCT 2019)

(a) Contractors shall not:

(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or

(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.

[Note: This prohibition does not apply to manufacturing.]

(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:

(1) Halons: 1011, 1202, 1211, 1301, and 2402;

(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and

(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.

[NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.] (End of clause)

5352.223-9001 Health and Safety on Government Installations (Oct 2019)

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and (2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in…