Solicitation - FA330024R0027 20Aug24.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

FA330024R0027

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

1 48

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

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

F2X3CE4054AQ01

7. ISSUED BY CODE FA3300 8. ADDRESS OFFER TO

FA3300 42 CONS CC

ADMINISTRATIVE ONLY NO REQUISITIONS, 50

LEMAY PLAZA S

MAXWELL AFB, AL 36112-6334

UNITED STATES

FA3300 42 CONS CC

50 LEMAY PLAZA S, ADMINISTRATIVE ONLY NO

REQUISITIONS

MAXWELL AFB, AL 36112-6334

UNITED STATES

DARTAMIEN BROWN, Email: dartamien.brown.1@us.

af.mil Telephone: 334-953-3933

9. FOR

INFORMATION CALL:

a. NAME

DARTAMIEN BROWN

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS) 334-953-3933

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)

Project Title: Maxwell Multiple Award Task Order Contract (MATOC) Project Location: Maxwell/Gunter AFB, Lake Martin Recreational Area, or Vigilant Warrior Training Site

Project Title: Maxwell Multiple Award Task Order Contract (MATOC) Project Location: Maxwell AFB, Gunter Annex, Lake Martin Recreational Area, and Vigilant Warrior Training Site, AL.

This solicitation is issued to establish a Indefinite Delivery Indefinite Quantity (IDIQ), Multiple Award Task Order Contract to fulfill various minor construction contract requirements (including minor designs) for Maxwell AFB, Gunter Annex, Lake Martin Recreation Area (LMRA), and Vigilant Warrior Training Site in Alabama. The total MATOC Program shall not exceed a ceiling of $19,999,031.25 five (5) years. The Government anticipates awarding approximately five (5) contracts as a result of this solicitation. This acquisition is a Total Small Business set-aside for concerns under NAICS code 236220. The guaranteed minimum amount for the life of the contract is $2,000,00.

Requirements will include a variety of construction requirements for the repair, and alteration of real property in support of the installation maintenance. The Wage Rate Requirement (formerly known as Davis-Bacon Act) will be applicable, enforced, and incorporated at the task order (TO) level.

Contractors responding to the solicitation shall provide a proposal in accordance with the (Instructions to Offerors) at Section L (Attachment 9).

11. The contractor shall begin performance within 10 calendar days and complete it within 1825 calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See FAR 52.211-10 ).

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

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

YES NO

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 12:00 PM (hour) local time 13 Sep 2024 (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 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 12/2022)

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

Created On:

14 Aug 2024, 20:28 PM Central Daylight Time

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 THE UNITED STATES

CODE AT

10 U.S.C. 3204(a) (

27. PAYMENT WILL BE MADE BY

) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

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. 12/2022) BACK

AMOUNTS

FA330024R0027

Section A - Solicitation/Contract Form

Maxwell Multiple Award Task Order (MATOC) IDIQ

Product Service Code: Z2AA

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Minimum quantity of one (01) TO during the life cycle of the Total Contract, and guaranteed minimum amount for the life cycle of the Total Contract is $2,000.00

Maximum quantity is not to exceed a cumulative total contract value of $19,999,031.25 during the life cycle of the Total Contract.

Total Contract Value: $19,999,031.25

Item

Supplies / Services Estimated Quantity

Unit

Unit Price

Amount

Maxwell MATOC IDIQ - Base Year

Multiple Award Task Order Contract (MATOC) is an indefinite delivery-indefinite quantity (IDIQ) contract for the execution of a broad range of projects. Work shall be defined in individual Task Orders (TO) and may consist of multiple disciplines in design and construction categories. Design services may be involved for all aspects of general construction including construction, modifications, and renovations of existing facilities, roads, and utilities. Work may include but is not limited to construction, repair, alteration, demolition, of facilities, roads, and infrastructure. The Contractor shall furnish all design, labor, equipment, material, manufactured articles, transportation, supervision, and all else necessary to accomplish the design and/or repair/construction of each TO issued under the resulting IDIQ contract for all work that is defined for each project. Work may be accomplished at Maxwell/Gunter AFB, Lake Martin Recreational Area, or Vigilant Warrior training site.

Price Proposals shall be provided on Standard Form (SF)3052 (Attachment 5) in accordance with Section L (Attachment 9) and Section M (Attachment 10).

Product Service Code: Z2AA Acquisition Program Unique Identifier (APUID): 000 Weapon System Code: 000 Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price

Each

Section C - Description/Specifications/Statement of Work

The IDIQ MATOC is for the execution of a broad range of repair, and alteration of real property projects.

Work shall be defined in individual TOs and may consist of multiple disciplines in design and construction categories. Design services may be involved for all aspects of general construction including modifications, and renovations of existing facilities, roads, and utilities. Work may include but is not limited to construction, repair, alteration, demolition, of facilities, roads, and infrastructure. The Contractor shall furnish all design, labor, equipment, material, manufactured articles, transportation, supervision, and all else necessary to accomplish the design and/or repair/construction of each TO issued under the resulting IDIQ contracts. Work may be accomplished at Maxwell AFB, Gunter AFB, Lake Martin Recreational Area (LMRA), and Vigilant Warrior training site as defined in accordance with individual TO Specifications and Drawings.

End of Section

Section D - Packaging and Marking

Section E - Inspection and Acceptance FAR Clauses Incorporated by Reference

Number Title Effective

Date Alternate/ Deviation

52.246-12 Inspection of Construction. Aug 1996 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements. Aug 1996 52.246-16 Responsibility for Supplies. Apr 1984

Overall Contract Inspection/Acceptance Locations

Variation Effective

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance instructions will be listed at the Task Order (TO) level.

DoDAAC: FA3300 CountryCode: USA

FA3300 42 CONS CC

ADMINISTRATIVE ONLY NO REQUISITIONS, 50 LEMAY PLAZA S

MAXWELL AFB, AL 36112-6334

UNITED STATES

Wayne Cooper Email: wayne.cooper.1@us.af.mil Telephone: (334)953-9922 mailto:wayne.cooper.1@us.af.mil

Section F - Deliveries or Performance

Overall Contract Delivery Period

From 30 Sep 2024 to 29 Sep 2029

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 1825 Calendar Days Date of Notice to Proceed Receipt

Line Item

Delivery Schedule Estimated

Quantity

Address and POC

Delivery Schedule From date of lead time event to completion of

1 Each Place of Performance DoDAAC: F2X3CE performance CountryCode: USA 5 Calendar Year F2X3CE 42 ABW CE Date of Notice to Proceed Receipt AF NO MILSBILL PROC CP 3349536268, 400 CANNON

ST BLDG 1060

MAXWELL AFB, AL 36112-5978

UNITED STATES

0001 Wayne Cooper Email: wayne.cooper.1@us.af.mil Telephone: (334)953-9922

Period of Performance

From 30 Sep 2024

To

29 Sep 2029

Date

Number Title Effective Date

Alternate/ Deviation

52.211-18 Variation in Estimated Quantity. Apr 1984 52.247-34 F.o.b. Destination. Nov 1991 mailto:wayne.cooper.1@us.af.mil

Section G - Contract Administration Data

FUNDING will be provided at the Task Order level.

A. Unfunded Requirements. Offerors are cautioned that the Government may request proposals with no assurance of funding and provides no assurance that orders will be issued; in the event a Task Order Proposal Request (TOPR) is issued for unfunded requirements a notice to offerors will be included.

B. The following payment instructions are applicable for any task orders issued under this program:

DFARS Clauses Incorporated by Reference

Alternate/ Deviation

252.201-7000 Contracting Officer's Representative. Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause-

Date

"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://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/ http://www.sam.gov/

(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):

(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.

Invoice 2in1, AF3065

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(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.

Invoice 2in1, AF3065

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(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 financing, submit a commercial 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 TBD at TO Level Issue By DoDAAC TBD at TO Level Admin DoDAAC TBD at TO Level Inspect By DoDAAC TBD at TO Level Ship To Code TBD at TO Level Ship From Code Not Applicable Mark For Code Not Applicable Service Approver (DoDAAC) TBD at TO Level Service Acceptor (DoDAAC) TBD at TO Level Accept at Other DoDAAC Not Applicable LPO DoDAAC Not Applicable DCAA Auditor DoDAAC Not Applicable Other DoDAAC(s) Not Applicable

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(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.

Information will be provided at TO Level

(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

52.226-7 Drug Free Workplace May

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving May 2024

Apr 1984

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

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

Dec 2023

Nov 2021 52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023 52 209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. Nov 2021 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.210-1 Market Research. Nov 2021 52.211-13 Time Extensions. Sep 2000 52.215-2 Audit and Records-Negotiation. Jun 2020 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award. Oct 2022 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.219-8 Utilization of Small Business Concerns. Feb 2024 52.219-13 Notice of Set-Aside of Orders. Mar 2020

52.219-27 Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program.

52.219-29 Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns.

Feb 2024

Oct 2022

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. Oct 2022

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

52.204-

Alternate/ Deviation

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 52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021 52.204-2 Security Requirements. (Alternate II) Mar 2021 Alternate II 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 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts. Oct 2016 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020

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

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. May 2014

52.222-14 Disputes Concerning Labor Standards. Feb 1988

52.222-15 Certification of Eligibility. May 2014

52.222-21 Prohibition of Segregated Facilities. Apr 2015

52.222-26 Equal Opportunity. Sep 2016

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

52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual Method). Aug 2018 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

52.222-41 Service Contract Labor Standards. Aug 2018

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 Reporting of Biobased Products Under Service and Construction Contracts. May 2024

52.223-5 Pollution Prevention and Right-to-Know Information. May 2024 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air May 2024

Conditioners.

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

52.223-20 Aerosols. May 2024 52.223-21 Foams. May 2024

52.223-23 Sustainable Products and Services. May 2024

52.224-1 Privacy Act Notification. Apr 1984 52.224-2 Privacy Act. Apr 1984

52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024

52.227-1 Authorization and Consent. Jun 2020

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. Jun 2020 52.227-4 Patent Indemnity-Construction Contracts. Dec 2007

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

52.232-36 Payment by Third Party. May 2014

52.232-37 Multiple Payment Arrangements. May 1999

52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023

52.233-1 Disputes. (Alternate I) May 2014 Alternate I Dec 1991 52.233-1 Disputes. May 2014 52.233-3 Protest after Award. Aug 1996

52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004

52.236-2 Differing Site Conditions. Apr 1984

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

52.236-5 Material and Workmanship. Apr 1984

52.236-6 Superintendence by the Contractor. Apr 1984

52.236-7 Permits and Responsibilities. Nov 1991 52.236-8 Other Contracts. Apr 1984

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

52.236-10 Operations and Storage Areas. Apr 1984

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

52.236-12 Cleaning Up. Apr 1984

52.236-13 Accident Prevention. Nov 1991

52.236-14 Availability and Use of Utility Services. Apr 1984 52.236-15 Schedules for Construction Contracts. Apr 1984

52.236-17 Layout of Work. Apr 1984

52.236-21 Specifications and Drawings for Construction. Feb 1997

52.236-21 Specifications and Drawings for Construction. (Alternate I) Feb 1997 Alternate I Apr 1984 52.242-13 Bankruptcy. Jul 1995

52.242-14 Suspension of Work. Apr 1984

52.243-4 Changes. Jun 2007 52.243-5 Changes and Changed Conditions. Apr 1984

52.244-6 Subcontracts for Commercial Products and Commercial Services. Feb 2024

52.245-1 Government Property. Sep 2021

52.245-9 Use and Charges. Apr 2012

52.247-5 Familiarization with Conditions. Apr 1984

52.247-15 Contractor Responsibility for Loading and Unloading. Apr 1984

52.247-16 Contractor Responsibility for Returning Undelivered Freight. Apr 1984

52.247-68 Report of Shipment (REPSHIP). Feb 2006

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). Apr 1984

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (Alternate I) Apr 1984 Alternate I Apr 1984 52.249-2 Termination for Convenience of the Government (Fixed-Price). (Alternate I) Apr 2012 Alternate I Sep 1996 52.249-10 Default (Fixed-Price Construction). Apr 1984

52.249-10 Default (Fixed-Price Construction). (Alternate I) Apr 1984 Alternate I Apr 1984 52.253-1 Computer Generated Forms. Jan 1991

DFARS Clauses Incorporated by Reference

Number Title

Alternate/ Deviation

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 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.203-7004 Display of Hotline Posters. Jan 2023 252.204-7000 Disclosure of Information. Oct 2016 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

(DEVIATION 2024-O0013 REVISION 1) May 2024 Deviation 2024-O0013 May 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services. Jan 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 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

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014

252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.227-7033 Rights in Shop Drawings. Apr 1966 252.232-7010 Levies on Contract Payments. Dec 2006 252.232-7011 Payments in Support of Emergencies and Contingency Operations. May 2013 252.235-7003 Frequency Authorization. Mar 2014 252.236-7005 Airfield Safety Precautions. Dec 1991 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 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. Nov 2023 252.245-7003 Contractor Property Management System Administration Apr 2012 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. Oct 2010

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. (Dec 1989)

As prescribed in 4.103 , insert the following clause:

Approval of Contract (Dec 1989)

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

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

As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.

Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within TBD at TO Level 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 TBD at TO Level. The time stated for completion shall include final cleanup of the premises.

52.211-12 Liquidated Damages-Construction. (Sep 2000)

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

Liquidated Damages-Construction (Sept 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 TBD at TO Level for each calendar day of delay 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.

52.216-18 Ordering. (Aug 2020)

As prescribed in 16.506(a), insert the following clause:

Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 30 September 2024 through 29 September 2029.

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

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

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

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

(3) If sent electronically, the Government either-

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

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

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

52.216-19 Order Limitations. (Oct 1995)

As prescribed in 16.506(b), insert a clause substantially the same as follows:

Order Limitations (Oct 1995)

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

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

(1) Any order for a single item in excess of $19,999,031.25;

(2) Any order for a combination of items in excess of $19,999,031.25; or

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

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 calendar days days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity. (Oct 1995)

As prescribed in 16.506(e), insert the following clause:

Indefinite Quantity (Oct 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 29 September 2029.

52.219-14 Limitations on Subcontracting. (Oct 2022)

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

Limitations on Subcontracting (Oct 2022)

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

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

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

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

(c) Applicability. This clause applies only to-

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

(2) 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);

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

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

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

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

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

(i) 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(b)(2)(i)(F);

or

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

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

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

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for-

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance 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 services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by 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;

(3) General construction, it will not pay more than 85 percent of the amount paid by 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 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by 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 75 percent subcontract amount that cannot be exceeded.

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

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

[ ] 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.

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

(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.

52.219-28 Post-Award Small Business Program Rerepresentation. (Feb 2024)

As prescribed in 19.309(c)(1), insert the following clause:

Post-Award Small Business Program Rerepresentation (Feb 2024)

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern-

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [X] is, [ ] is not a small business concern under 236220NAICS Code assigned to contract number.

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of http://www.sba.gov/document/support--table-size-standards each party to the joint venture: .]

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it [ ] is, [ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]

(9) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that-

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

As prescribed in 22.1605 , insert the following clause:

Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(a) 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 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).

(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice 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.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice 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."

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

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 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;

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

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

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

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

(d) The Contractor shall comply with all provisions of the…