Solicitation - FA252123B0001.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

Created On: 10 Apr 2023, 04:13 PM Central Standard Time

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

Section A - Solicitation/Contract Form

Renovate B402/Demo B561

Proposal Identifier: FA252123B0001 Date: 10 Apr 2023

FA252123B0001

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

FAR Clauses Incorporated by Reference

Number, Title, Effective Date

52.211-18, Variation in Estimated Quantity, 1984-04

Item Supplies/Service Quantity Unit Unit Price

Amount

Contractor shall provide the labor, equipment and materials to repair and renovate the existing facility 402 and demolish facility 561 IAW specifications and drawings.

Contractor shall comply with FC 4-610-04F Air Force Legal Facilities.

Pricing Arrangement: Firm Fixed Price

1 Lot

Section C - Description/Specifications/Statement of Work

Requirements This project consists of providing the labor, equipment and materials to repair and renovate Bldg 402 to include all building systems, finishes, lighting, HVAC, restrooms, break room and administrative areas. This scope also includes the demolition of Bldg 561. All work shall meet the current State of Florida Building Code and the 45th Space Wing Installation Facilities Standard (IFS).

Section D - Packaging and Marking

Section E - Inspection and Acceptance

WEEKLY PROGRESS REPORTS:

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

FAR Clauses Incorporated by Reference

Number, Title, Effective Date

52.246-12, Inspection of Construction, 1996-08

52.246-16, Responsibility for Supplies, 1984-04

Inspection and Acceptance Location

Both

Destination

Instructions: Inspection and Acceptance by Government

DoDAAC: F3K3DD

CountryCode: USA

F3K3DD 45 CES CEN

AF NO MILSBILLS PROC CP 3214942129

1142 JUPITER ST

PATRICK SFB, FL 32925

POC: Kristine Snow

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: Delivery Info: DODF3K3DD Inspection and Acceptance by the Government

DoDAAC: F3K3DD CountryCode: USA

F3K3DD 45 CES CEN

AF NO MILSBILLS PROC CP 3214942129, 1142 JUPITER ST

PATRICK AFB, FL 32925-3303

UNITED STATES

Kristine Snow Email: kristine.snow.1@spaceforce.mil

Section F - Deliveries or Performance

DELIVERIES AND PERFORMANCE:

F1. NOTICE TO PROCEED (NTP): An NTP will be issued within 30 days after contract award.

F2. PERIOD OF PERFORMANCE: The period of performance for this project is 365 calendar days including non-access days beginning at NTP. Non-Access Period: Any period of time, during normal established duty hours, that a contractor and/or its subcontractors, to include deliveries are denied access to the worksite by the appropriate Government authority.

F3. AVAILABILITY OF UTILITIES: Electric and water hook-up is available to the contractor and shall be furnished at no charge. Contractors shall carefully and responsibly conserve usage of these utilities.

FAR Clauses Incorporated by Reference

Number, Title, Effective Date 52.242-14, Suspension of Work, 1984-04 52.246-21, Warranty of Construction. 1994-03 52.247-34, F.o.b Destination, 1991-11 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 365 calendar days. The time stated for completion shall include final cleanup of the premises.

DFARS Clauses Incorporated by Full Text

252.247-7023 Transportation of Supplies by Sea. (FEB 2019)

(a) Definitions. As used in this clause

Components means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

Department of Defense (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies. Foreignflag vessel means any vessel that is not a U.S.-flag vessel.

Ocean transportation means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

Subcontractor means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

Supplies means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) Supplies includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment;

machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

U.S.-flag vessel means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if

(i) This contract is a construction contract; or

(ii) The supplies being transported are

(A) Noncommercial items; or

(B) Commercial items that

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreignflag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

| || ITEM DESCRIPTION || CONTRACT LINE ITEMS || QUANTITY |

| TOTAL || || || |

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreignflag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall

(1) Notify the Contracting Officer of that fact; and

(2) Comply with all the terms and conditions of this clause.

(i) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

Overall Contract Delivery Period

From date of lead time event to beginning of performance 10 Calendar Days Date of Notice to Proceed Receipt

From date of lead time event to completion of performance 365 Calendar Days Date of Notice to Proceed Receipt

Line Item

Delivery Schedule Quantity Address and POC

Delivery Schedule From date of lead time event to completion of performance 365 Calendar Days Date of Notice to Proceed Receipt

1 Lot Place of Performance DoDAAC: F3K3DD CountryCode: USA

F3K3DD 45 CES CEN

AF NO MILSBILLS PROC CP 3214942129, 1142

JUPITER ST

PATRICK AFB, FL 32925-3303

UNITED STATES

Kristine Snow Email: kristine.snow.1@spaceforce.mil

Section G - Contract Administration Data

DFARS Clauses Incorporated By Reference:

Number, Title, Effective Date

252.201-7000, Contracting Officer's Representative, Dec 1991

252.204-7006, Billing Instructions, Oct 2005

202.232-7003, Electronic Submission of Payment Request and Receiving Reports, Dec 2018

252.236-7000, Modification Proposals - Price Breakdown, Dec 1991

WAWF email notifications. The Contractor shall enter the e-mail address identified below in the Send Additional Email Notifications field of WAWF once a document is submitted in the system.

Procuring Contracting Officer: John.porter.23@spaceforce.mil Contract Specialist: regina.rivers@spaceforce.mil Program Manager: Kristine Snow, kristine.snow.1@spaceforce.mil

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 WorkFlow (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 provides 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://piee.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://piee.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):

FA252123B0001

https://piee.eb.mil/

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

Not Applicable

(ii) For fixed price line items-- Construction Payment Invoice

(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.

(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: F87700 Issue By DoDAAC: FA2521 Admin DoDAAC**: FA2521 Inspect By DoDAAC: Not applicable Ship To Code: Not applicable Ship From Code: Not applicable Mark For Code: Not applicable Service Approver (DoDAAC): FA2521 Service Acceptor (DoDAAC): FA2521 Accept at Other DoDAAC: Not applicable LPO DoDAAC: Not applicable DCAA Auditor DoDAAC: Not applicable Other DoDAAC(s): -Contracting Officer FA2521

(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.

(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

POC: John Porter, john.porter.23@spaceforce.mil

Regina Rivers, regina.rivers@spaceforce.mil

Kristine Snow, kristine.snow.1@spaceforce.mil

(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

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.202-1 Definitions. Jun 2020 52.203-3 Gratuities. Apr 1984 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

Jun 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. May 2011 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

Nov 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

Nov 2021

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.211-5 Material Requirements. Aug 2000 52.211-13 Time Extensions. Sep 2000 52.214-26 Audit and Records-Sealed Bidding. Jun 2020

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data-Modifications-Sealed Bidding.

Jun 2020

52.214-28 Subcontractor Certified Cost or Pricing Data-Modifications-Sealed Bidding. Jun 2020 52.214-29 Order of Precedence-Sealed Bidding. Jan 1986 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.219-8 Utilization of Small Business Concerns. Oct 2022 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside. Oct 2022 52.222-1 Notice to the Government of Labor Disputes. Feb 1997 52.222-3 Convict Labor. Jun 2003 52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation. May 2018 52.222-6 Construction Wage Rate Requirements. Aug 2018 52.222-7 Withholding of Funds. May 2014 52.222-8 Payrolls and Basic Records. Jul 2021 52.222-9 Apprentices and Trainees. Jul 2005 52.222-10 Compliance with Copeland Act Requirements. Feb 1988 52.222-11 Subcontracts (Labor Standards). May 2014 52.222-12 Contract Termination-Debarment. May 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. May 2014 52.222-14 Disputes Concerning Labor Standards. Feb 1988 52.222-15 Certification of Eligibility. May 2014 52.222-19 Child Labor-Cooperation with Authorities and Remedies. Dec 2022 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment. Jun 2020 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-27 Affirmative Action Compliance Requirements for Construction. Apr 2015 52.222-34 Project Labor Agreement. May 2010 52.222-35 Equal Opportunity for Veterans. Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-37 Employment Reports on Veterans. Jun 2020 52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-54 Employment Eligibility Verification. May 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. Jan 2022 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2022

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

Sep 2013

52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.223-6 Drug-Free Workplace. May 2001

52.223-10 Waste Reduction Program. May 2011 52.223-15 Energy Efficiency in Energy-Consuming Products. May 2020

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

Aug 2018

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.223-19 Compliance with Environmental Management Systems. May 2011 52.223-21 Foams. Jun 2016 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.227-1 Authorization and Consent. Jun 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. Jun 2020 52.228-2 Additional Bond Security. Oct 1997 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.228-11 Individual Surety-Pledge of Assets. Feb 2021 52.228-12 Prospective Subcontractor Requests for Bonds. Dec 2022 52.228-14 Irrevocable Letter of Credit. Nov 2014 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.232-17 Interest. May 2014 52.232-23 Assignment of Claims. May 2014 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Nov 2021 52.233-1 Disputes. May 2014 52.233-1 Alternate I Disputes. (Alternate I) Dec 1991 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.236-2 Differing Site Conditions. Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work. Apr 1984 52.236-5 Material and Workmanship. Apr 1984 52.236-6 Superintendence by the Contractor. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.236-8 Other Contracts. Apr 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

Apr 1984

52.236-10 Operations and Storage Areas. Apr 1984 52.236-11 Use and Possession Prior to Completion. Apr 1984 52.236-12 Cleaning Up. Apr 1984 52.236-13 Accident Prevention. Nov 1991 52.236-14 Availability and Use of Utility Services. Apr 1984 52.236-15 Schedules for Construction Contracts. Apr 1984 52.236-17 Layout of Work. Apr 1984 52.236-21 Specifications and Drawings for Construction. Feb 1997 52.236-21 Alternate I Specifications and Drawings for Construction. (Alternate I) Apr 1984 52.242-13 Bankruptcy. Jul 1995 52.242-14 Suspension of Work. Apr 1984 52.243-4 Changes. Jun 2007 52.244-6 Subcontracts for Commercial Products and Commercial Services. Dec 2022 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-10 Default (Fixed-Price Construction). Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.

Jan 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7000 Disclosure of Information. Oct 2016 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023 252.205-7000 Provision of Information to Cooperative Agreement Holders. Dec 1991

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

May 2019

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.223-7004 Drug-Free Work Force. Sep 1988 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. Jan 2023 252.225-7048 Export-Controlled Items. Jun 2013

252.227-7033 Rights in Shop Drawings. Apr 1966 252.232-7004 DoD Progress Payment Rates. Oct 2014 252.232-7010 Levies on Contract Payments. Dec 2006 252.242-7006 Accounting System Administration. Feb 2012 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Jan 2023 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. Oct 2010 252.246-7006 Warranty Tracking of Serialized Items. Mar 2016

FAR Clauses Incorporated by Full Text

52.211-12 Liquidated Damages-Construction. Sep 2000

As prescribed in , insert the following clause in solicitations and contracts:11.503(b)

Liquidated Damages-Construction (Sept 2000)

If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the (a) Government in the amount of for each calendar day of delay until the work is completed or accepted.421.78

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

(End of clause)

52.216-24 Limitation of Government Liability. Apr 1984

As prescribed in , insert the following clause in solicitations and contracts when a letter contract is contemplated:16.603-4(b)(2)

Limitation of Government Liability (Apr 1984)

In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding dollars.(a) 0.00

The maximum amount for which the Government shall be liable if this contract is terminated is dollars.(b) 0.00

(End of clause)

52.216-25 Contract Definitization. Oct 2010

As prescribed in , insert the following clause:16.603-4(b)(3)

Contract Definitization (Oct 2010)

A definitive contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the (a) Firm Fixed Priced terms of a definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract, (2) all clauses required by law on the date of execution of the definitive contract, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a proposal, including data other than certified cost or pricing data, and certified cost or Fixed Price pricing data, in accordance with FAR 15.408, Table 15-2, supporting its proposal.

The schedule for definitizing this contract is (b) N/A

If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) of this section, or within (c) any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with subpart 15.4 and part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause.

After the Contracting Officers determination of price or fee, the contract shall be governed by-(1)

All clauses required by the FAR on the date of execution of this letter contract for either fixed-price or cost-reimbursement contracts, as (i) determined by the Contracting Officer under this paragraph (c);

All clauses required by law as of the date of the Contracting Officer's determination; and(ii)

Any other clauses, terms, and conditions mutually agreed upon.(iii)

To the extent consistent with paragraph (c)(1) of this section, all clauses, terms, and conditions included in this letter contract shall continue (2) in effect, except those that by their nature apply only to a letter contract.

(End of clause)

52.219-14 Limitations on Subcontracting. Oct 2022

As prescribed in , insert the following clause:19.507(e)

LIMITATIONS ON SUBCONTRACTING (OCT 2022)

This clause does not apply to the unrestricted portion of a partial set-aside.(a)

, as used in this clause, means a first-tier subcontractor, including an independent contractor, that-(b) Definition. Similarly situated entity

Has the same small business program status as that which qualified the prime contractor for the award ( , for a small business set-(1) e.g.

aside contract, any small business concern, without regard to its socioeconomic status); and

Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor (2) assigned to the subcontract.

This clause applies only to-(c) Applicability.

Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);(1)

Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);(2)

Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;(3)

Orders expected to exceed the simplified acquisition threshold and that are-(4)

Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or(i)

Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);(ii)

Orders, regardless of dollar value, that are-(5)

Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(i) (b)(2)(i)(F); or

Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award (ii) contracts, as described in 19.504(c)(1)(ii); and

Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the (6) evaluation preference.

An independent contractor shall be considered a subcontractor.(d) Independent contractors.

By submission of an offer and execution of a contract, the Contractor agrees that in performance of a (e) Limitations on subcontracting.

contract assigned a North American Industry Classification System (NAICS) code for-

Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to (1) subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by (2) the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding (3) the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract (4) performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

The Contractor shall comply with the limitations on subcontracting as follows:(f)

For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause-(1)

[ ] Contracting Officer check as appropriate.

[ ] By the end of the base term of the contract and then by the end of each subsequent option period; or

[ ] By the end of the performance period for each order issued under the contract.

For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.(2)

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

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

As prescribed in , insert the following clause:22.1605

NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)

During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as (a) prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR471.2 (d) and (f).

Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice (1) is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice (2) electronically by displaying prominently, on any website that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's website that contains the full text of the poster. The link to the Department's website, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."

This required employee notice, printed by the Department of Labor, may be-(b)

Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 (1) Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

Provided by the Federal contracting agency if requested;(2)

Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or(3)

Reproduced and used as exact duplicate copies of the Department of Labor's official poster.(4)

The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, .(c) 29 CFR Part 471

The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.(d)

In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract (e) may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with and subpart 29 CFR 471.14

9.4. Such other sanctions or remedies may be imposed as are provided by , which implements Executive Order 13496 or as otherwise 29 CFR part 471 provided by law.

Subcontracts. (f) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds (1)

$10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this (2) clause.

The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of (3) enforcing such provisions, including the imposition of sanctions for noncompliance.

However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of (4) such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(End of clause)

52.223-3 Hazardous Material Identification and Material Safety Data. Feb 2021

As prescribed in , insert the following clause:23.303

HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021)

"Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (a) (including revisions adopted during the term of the contract).

The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous (b) material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert )None Identification No.

This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered (c) under this contract is hazardous.

The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the (d) requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.313, which renders incomplete or (e) inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or (f) liability for the safety of Government, Contractor, or subcontractor personnel or property.

Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, (g) ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

The Government's rights in data furnished under this contract with respect to hazardous material are as follows:(h)

To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-(1)

Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous (i) materials;

Obtain medical treatment for those affected by the material; and(ii)

Have others use, duplicate, and disclose the data for the Government for these purposes.(iii)

To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over (2) any other clause of this contract providing for rights in data.

The Government is not precluded from using similar or identical data acquired from other sources.(3)

(End of clause)

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. Jun 2016

As prescribed in , insert the following clause:23.804(a)(1)

OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL HYDROFLUOROCARBONS ( JUN 2016)

. As used in this clause-(a) Definitions means how much a given mass of a chemical contributes to global warming over a given time period compared to Global warming potential the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0.

means any hydrofluorocarbons in a particular end use for which EPA's Significant New High global warming potential hydrofluorocarbons Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at subpart G with supplemental tables of alternatives available at (http://www.epa.gov/snap/).40 CFR Part 82 means compounds that only contain hydrogen, fluorine, and carbon.Hydrofluorocarbons

, means any substance the Environmental Protection Agency designates in as-Ozone-depleting substance 40 CFR part 82

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

The Contractor shall label products that contain or are manufactured with ozone-depleting substances in the manner and to the extent (b) required by 42 U.S.C.7671j(b), (c), (d), and (e) and , subpartE, as follows:40 CFR part 82

Warning

Contains (or manufactured with, if applicable) * , a substance(s) which harm(s) public health and environment by destroying ozone in ____ the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

For equipment and appliances that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends (c) Reporting.

containing hydrofluorocarbons, the Contractor shall-

Track on an annual basis, between October 1 and September 30, the amount in pounds of hydrofluorocarbons or refrigerant blends (1) containing hydrofluorocarbons contained in the equipment and appliances delivered to the Government under this contract by-

Type of hydrofluorocarbon (e.g., HFC-134 a, HFC-125, R-410 A, R-404 A, .);(i) etc

Contract number; and(ii)

Equipment/appliance;(iii)

Report that information to the Contracting Officer for FY16 and to www.sam.gov, for FY17 and after-(2)

Annually by November 30 of each year during contract performance; and(i)

At the end of contract performance.(ii)

The Contractor shall refer to EPA's SNAP program (available at http://www.epa.gov/snap) to identify alternatives. The SNAP list of (d) alternatives is found at subpart G with supplemental tables available at http://www.epa.gov/snap.40 CFR part 82

(End of clause)

52.225-9 Buy American-Construction Materials. Oct 2022

As prescribed in , insert the following clause:25.1102(a)

BUY AMERICAN-CONSTRUCTION MATERIALS (OCT 2022)

. As used in this clause-(a) Definitions

-Commercially available off-the-shelf (COTS) item

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

A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (i)

(FAR) 2.101);

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

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

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

"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…