Solicitation - FA441822R0002 FINAL.pdf

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

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

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

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

SOLICITATION

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

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

b. An offer guarantee is, is not required.

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

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

STANDARD FORM 1442 (REV. 8/2014)

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

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

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

12b. CALENDAR DAYS

YES NO

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

AMOUNTS

OFFER (Must be fully completed by offeror)

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

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

CODE FACILITY CODE

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

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

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

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

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

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

Section A - Solicitation/Contract Form

Repair Child Development Center, Bldg 227

Purchase Requisition Number: A019593 Date: 08 Dec 2021 Proposal Identifier: FA441822R0002 Date: 13 Jan 2022

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

SPECIAL INFORMATION AND INSTRUCTIONS TO ALL INTERESTED CONTRACTORS:

IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO ENSURE THEY CHECK THE WWW.

SAM.GOV WEBSITE FOR ANY AMENDMENTS TO THE SOLICITATION. YOU ARE ENCOURAGED

TO REGISTER ON THE WWW.SAM.GOV WEBSITE TO RECEIVE NOTIFICATION OF CHANGES TO

THE SOLICITATION. FAILURE TO ACKNOWLEDGE AMENDMENTS MAY RENDER YOUR

PROPOSAL NONRESPONSIVE.

PRE-PROPOSAL CONFERENCE AND SITE VISIT:

1. A pre-proposal conference and site visit is scheduled for 26 January 2022 at 1100 hrs (EST). The site visit will be conducted at Joint Base Charleston - Air Base, N. Charleston, SC 29404. See FAR Clause 52.236-27 for Site Visit details and location. Offerors are encouraged to attend and are requested to contact Lisa (Brooke) Mitchell, Contract Specialist, at lisa.mitchell.11@us.af.mil or call 843-963-5179 at least five (5) days prior to the conference day if they plan to attend. Please limit the number of attendees to two (2) per company.

2. The purpose of this meeting is to visit the site, clarify the statement of work and terms of the solicitation, and to answer any questions concerning the solicitation. Offerors are requested to prepare all questions in writing, submitted via email to lisa.mitchell.11@us.af.mil, prior to the scheduled date of the conference. Submission of questions prior to the conference is encouraged, however, the deadline for all questions pertaining to this solicitation shall be received no later than (NLT) 31 January 2022 at 1600 hrs (EST).

3. Remarks and explanations provided at the conference shall NOT qualify the terms of the solicitation and statement of work. Unless the solicitation is amended in writing, it will remain unchanged. Should an amendment be issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

CLAUSES AND PROVISIONS

(a) Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

(b) Clauses and provisions in this document will be numbered in sequence, but will not necessarily appear in consecutive order.

(c) Sections K, L and M will be physically removed from any resultant award but will be deemed to be incorporated by reference, in that award.

SECTION "B" Bid Schedule Project No. DKFX 1073030 Repair Child Development Center, Building 227 Joint Base Charleston - Air Base North Charleston, South Carolina

Item Supplies/Service Quantity Unit Unit Price Amount

All work as required by drawings and specifications for Project DKFX 1073030, Repair Child Development Center, Bldg 227.

Product Service Code: Z1AZ Firm Fixed Price

1 Job

Section C - Description/Specifications/Statement of Work

Technical Specifications are listed in Section J "Attachments"

Requirements The contractor shall provide all labor, equipment, materials, transportation, supervision, and testing to accomplish necessary improvement to Building 227, a single-story 34,400 SF facility originally constructed in 2010. This project is designed to reduce high temperature in the building and create a more efficient system.

Other improvements included in this project are mechanical platforms and access walkways in the attic space for future repairs.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-12 Inspection of Construction. Aug 1996

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance

DoDAAC: F1M3E2 CountryCode: USA

F1M3E2 628 CES CECC

AF BPN NO MILSBILL CP8439634955

100 W STEWART AVE BLDG 661

JOINT BASE CHARLESTON, SC 29404-4827

UNITED STATES

Ben Bressler Email: benjamin.bressler.3@us.af.mil Telephone: 843-963-1417

Section F - Deliveries or Performance

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 180 Calendar Days Date of Notice to Proceed Receipt

Line Item Delivery Schedule QTY Address and POC

Delivery Estimated By Delivery Date 28 Sep 2022

1 Job Place of Performance DoDAAC: F1M3E2 CountryCode: USA

F1M3E2 628 CES CECC

AF BPN NO MILSBILL CP8439634955

100 W STEWART AVE BLDG 661

JOINT BASE CHARLESTON, SC 29404-4827

UNITED STATES

Ben Bressler Email: benjamin.bressler.3@us.af.mil Telephone: 843-963-1417

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.211-18 Variation in Estimated Quantity. Apr 1984 52.242-15 Stop-Work Order. Aug 1989

DFARS Clauses Incorporated by Full Text

252.247-7023 Transportation of Supplies by Sea. Feb 2019

Basic. As prescribed in 247.574(b) and (b)(1), use the following clause:

TRANSPORTATION OF SUPPLIES BY SEA-BASIC (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.

"Foreign-flag 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 foreign-flag 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

N/A

(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 foreign-flag 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.

(End of clause)

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 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. Dec 2018

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

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://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

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

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

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

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

(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

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

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

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

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

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

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

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F87700 Issue By DoDAAC FA4418 Admin DoDAAC FA4418 Inspect By DoDAAC F1M3E2 Ship To Code F1M3E2 Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) F1M3E2 Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(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.

Lisa Brooke Mitchell, lisa.mitchell.11@us.af.mil, 843-963-5179

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

Section H - Special Contract Requirements

CONTRACT WORKING HOURS

Because Bldg 227 is the Child Development Center and will be occupied during the day by children and staff, performance of this contract will be after hours. Per Specification Section 01 14 00, paragraph 1.2.2, "Regular working hours must consist of an 11 1/2 hour period, established by the Contracting Officer, between 1830 and 0600, Monday through Friday, excluding Government holidays. Weekend work will be considered after 1830 Friday to 0600 Monday."

PERFORMANCE AND PAYMENT BOND REQUIREMENTS (IAW FAR 28.101-2 and FAR 28.102-3)

PROPOSAL BOND: The offeror shall submit a Proposal Bond (Standard Form 24) with good and sufficient surety or sureties acceptable to the Government in the amount of 20% of the proposal price. The Proposal Bond penal sum shall be expressed in dollars and cents.

The contractor shall submit a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25- A) with good and sufficient surety and sureties to the Government within 15 days of award. The penal sum of such bonds will be as follows:

a. PERFORMANCE BONDS: The penal amount of the performance bond shall equal one hundred percent (100%) of the contract price.

b. PAYMENT BONDS: The penal amount of the payment bond shall equal one hundred percent (100%) of the contract price.

BUSINESS LICENSE TAX - SOUTH CAROLINA

In accordance with Contract Clause 52.229-3, Federal, State and Local Taxes dated February 2013 incorporated by reference, be advised that the City of North Charleston, South Carolina imposes a business license tax on all contract work within the city of North Charleston, South Carolina. The city interprets this to include contractors performing work for the United States government within the limits of North Charleston. Joint Base Charleston

- Air Base is included within the City of North Charleston, South Carolina. The cost of the license is proportional to the dollar amount of work being executed. Information for the North Charleston City Tax may be obtained by calling 843-740-2632.

PKI CERTIFICATE FOR PAST PERFORMANCE EVALUATION

Performance Evaluations are required on all completed DoD construction contracts. These evaluations are used in past performance evaluations conducted on your future proposals. The evaluations are placed in a computer database called Contractor Performance Assessment Reporting System (CPARS). This system requires the contractor to include their comments in their evaluation. In order to access the system, it is encouraged that you obtain a PKI (Public Key Infrastructure) certificate. A PKI certificate is software which is purchased from an approved commercial vendor and installed on your computer. You will be required to purchase an "Identity Certificate" to access the CPARS or the Past Performance Information Report System (PPIRS), which will contain all past performance evaluations for your firm for any DoD contracts. The average cost for a PKI certificate is about $80 - $120 per certificate, per year.

REQUIRED INSURANCE (IAW FAR 28.306 (b))

Reference FAR clause 52.228-5 entitled Insurance-Work on a Government Installation, "The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the contract."

a. Workman's Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a state which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such state will be satisfactory. The required Workman's Compensation Insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability of $100,000.00.

b. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000.00 per occurrence shall be required on the comprehensive form of policy.

c. Automobile Liability Insurance. The insurance shall be required on the comprehensive form of policy and shall provide bodily liability injury and property damage liability covering the operation of all automobiles used in connection with the performance of this contract. At least the minimum amount of $200,000.00 per person and $500,000.00 per occurrence for bodily injury and $20,000.00 per occurrence for property damage shall be required.

CONTRACTOR CONSENT TO BACKGROUND CHECKS

The contractor and, as applicable, subcontractor shall not employ persons for work on this contract if such employee is identified as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population, nor shall the contractor or subcontractor employ persons under this contract who have an outstanding criminal warrant, are currently on probation or parole, or are on the state /national Sex Offender Register as identified by south Carolina Law Enforcement Division (SLED)/National Crime Information Center (NCIC). All contractor and subcontractor personnel must consent to NCIC criminal history background checks.

Contractor and subcontractor personnel who do not consent to an NCIC check will be denied access to the installation. Information required to conduct an NCIC check includes: full name, driver's license number, social security number, date of birth of the person entering the installation. The contractor shall provide this information using the 628 SFS/ JB CHS-AB/WS Form 74, "Application for Personnel to Work under Department of Defense Contract at Joint Base Charleston", and shall submit it in conjunction with the contractor's request for either base or vehicle passes. Completion of a successful NCIC check does not invalidate the requirement for an escort when contractor or subcontractor personnel are working within controlled or restricted areas. Contractors shall ensure their employees and those of their subcontracts have the proper credentials allowing them to work in the United States. Persons later found to be undocumented or illegal aliens will be remanded to the proper authorities. The contractor shall not be entitled to any compensation for delays or expenses associated with complying with the provisions of this provision. Furthermore, nothing in this provision shall excuse the contractor from proceeding with the contract as required.

Badges - Contractors and subcontractors shall submit the completed and approved JB CHS-AB/WS Form 74, "Application for Personnel to Work Under Department of Defense Contract at Joint Base Charleston" prior to planning to work. Upon completion of the background check, the employee will report to the installation entry control center, with a photo identification issued by a Federal/State activity, for receipt of a badge with a designation of the area of the base he will be allowed access. Badges will be worn in a visible manner to government personnel at all times. At the conclusion of work for the prime contractor and any subcontractor, all badges will be turned in to the entry control center.

Contractor Registration of Vehicles on Joint Base Charleston - All contractor or contractor employees' vehicles used for the performance of this contract shall comply with all local, state and federal regulations. To register a privately owned/commercial vehicle and obtain a vehicle pass, contractor personnel shall provide a valid driver's license, current vehicle registration, and valid vehicle insurance certificate. Additionally, any pass shall be surrendered to Security Forces upon demand to positively identify a person's need to be on Joint Base Charleston.

Access to Installation During Force Protection Conditions (FPCONs) - Contractors will be assigned a mission essential designation IAW requirements contained in JBCIDP 31-1, Installation Security Instruction. Only the installation commander or the unit commander requesting contract support will assign the mission essential designation.

Contractors Working in Controlled or Restricted Areas - The unit requesting contract support will provide escort

(s) for contractors' at all times when within a controlled area. Contractors shall not escort other contractor employees within controlled or restricted areas. In addition, contractors shall fulfill, maintain, and comply with all security requirements IAW AFI 31-101, The Air Force Installation Security Program, and command/local directives.

Contractors Responsibilities while Working within Controlled or Restricted Areas - Only contractor personnel with proper authority and qualifications shall enter a controlled or restricted area. Certain facilities require the issuance of an AF Form 1199 or AF Form 1199CD. The government, at any time, may revoke the AF Form 1199. The procedures for the issuance of an AF Form 1199CD are contained in JBCIDP 31-1, Installation Security Instruction. Contractors shall not escort other contractor employees within controlled or restricted areas. In addition, contractors shall fulfill, maintain, and comply with all security requirements contained in JBCIDP 31-1, Installation Security Instruction.

Access To Government Facilities with Controlled or Restricted Areas - The contractor shall comply with security regulations imposed by the installation commander and/or the agency responsible for the project location. Due to specific mission requirements inherent in the nature of controlled or restricted areas on Joint Base Charleston, the government may direct the contractor to leave the controlled or restricted areas at any given time.

FORCE PROTECTION CONDITIONS

Force Protection Conditions (FPCON) are implemented on the base to increase protective measures in anticipation of, or in response to, the threat of terrorist attack. The DoD FPCON consists of five progressive levels of increasing protective measures. The circumstances that apply and the purposes of each protective posture are as follows:

- FPCON NORMAL: Applies when a general global threat of possible terrorist activity exists and warrants a routine security posture. At a minimum, access control will be conducted at all DoD installations and facilities.

- FPCON ALPHA: Applies when there is an increased general threat of possible terrorist activity against personnel or facilities, and the nature and extent of the threat are unpredictable. ALPHA measures must be capable of being maintained indefinitely.

- FPCON BRAVO: Applies when an increased or more predictable threat of terrorist activity exists. Sustaining BRAVO measures for a prolonged period may affect operational capability and military- civil relationships with local authorities.

- FPCON CHARLIE: Applies when an incident occurs or intelligence is received indicating some form of terrorist action or targeting against personnel or facilities is likely. Prolonged implementation of CHARLIE measures may create hardship and affect the activities of the unit and its personnel.

- FPCON DELTA: Applies in the immediate area where a terrorist attack has occurred or when intelligence has been received that terrorist action against a specific location or person is imminent. This FPCON is usually declared as a localized condition. FPCON DELTA measures are not intended to be sustained for an extended duration.

SUSTAINABLE PROCUREMENT PROGRAM

"Sustainable Procurement Program" (formerly known as Green Procurement) is the purchase of environmentally preferable products and services in accordance with one or more of the established Federal "green" procurement preference programs.

Contractors shall comply with this requirement with respect to any purchased item where the purchase price of functionally similar item collectively exceeds $10,000 during a fiscal year. Any item purchased by or for government use shall be composed of the highest percentage of recovered materials or biobased content practicable. The decision not to procure such items shall be based on a determination that such items--

a) are not reasonably available within a reasonable period of time;

b) fail to meet satisfactory performance standards; or

c) are only available at an unreasonable price.

For contract actions that exceed $100,000, contractors shall estimate the percentage of the total material utilized for the performance of the contract which is recovered materials.

The Comprehensive Procurement Guideline (CPG) Program is discussed in detail on the EPA's website https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. A CPG Product Supplier Directory of green products is provided on this website along with possible sources of such products.

The Biopreferred program is discussed in detail on the USDA website https://www.biopreferred.gov /BioPreferred/. This website also has a list of products and sources that qualify as biobased products. In the performance of this contract, the Contractor shall -

a) Report to http://www.sam.gov, with a copy to the Contracting Officer , on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

b) Submit this report no later than-

i. October 31 of each year during contract performance; and

ii. At the end of contract performance.

Section I - Contract Clauses

ADDITIONAL CLAUSES INCORPORATED BY REFERENCE

FAR 52.223-20, Aerosols, 2016-06 FAR 52.253-1, Computer Generated Forms, 1991-01 FAR 52.236-26, Preconstruction Conference, 1995-02

ADDITIONAL CLAUSES INCORPORATED BY FULL TEXT

FAR 52.236-4 Physical Data, 1984-04 As prescribed in 36.504 , insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated and physical data (e.g., test borings, hydrographic, weather conditions data) will be furnished or made available to offerors. All information to be furnished or made available to offerors before award that pertains to the performance of the work should be identified in the clause. When paragraphs are not applicable they may be deleted.

Physical Data (Apr 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawing and in the specifications are the result of site investigations through photography and laboratory analysis of hazardous materials from samples retrieved onsite

(End of clause)

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

52.204-4 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

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

Jul 2018

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

Aug 2020

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

Jun 2020

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 52.211-13 Time Extensions. Sep 2000 52.211-15 Defense Priority and Allocation Requirements. Apr 2008 52.215-2 Audit and Records-Negotiation. Jun 2020 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.219-8 Utilization of Small Business Concerns. Oct 2018 52.222-1 Notice to the Government of Labor Disputes. Feb 1997

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 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-27 Affirmative Action Compliance Requirements for Construction. Apr 2015 52.222-35 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. Oct 2020 52.222-54 Employment Eligibility Verification. Oct 2015 52.222-55 Minimum Wages Under Executive Order 13658. Nov 2020 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2017

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 52.223-15 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. May 2014 52.228-14 Irrevocable Letter of Credit. Nov 2014 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 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 52.232-37 Multiple Payment Arrangements. May 1999 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Dec 2013 52.233-1 Disputes. May 2014 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.236-2 Differing Site Conditions. Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work. Apr 1984 52.236-5 Material and Workmanship. Apr 1984 52.236-6 Superintendence by the Contractor. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.236-8 Other Contracts. Apr 1984

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

Apr 1984

52.236-10 Operations and Storage Areas. Apr 1984 52.236-11 Use and Possession Prior to Completion. Apr 1984 52.236-12 Cleaning Up. Apr 1984 52.236-13 Accident Prevention. Nov 1991 52.236-14 Availability and Use of Utility Services. Apr 1984 52.236-15 Schedules for Construction Contracts. Apr 1984 52.236-17 Layout of Work. Apr 1984 52.236-21 Specifications and Drawings for Construction. Feb 1997 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 Items. Jul 2021 52.249-2 Alternate I Termination for Convenience of the Government (Fixed-Price). - (Alternate I) 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 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Sep 2013 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Dec 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. May 2016 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

252.223-7004 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. Jun 2013 252.225-7001 Buy American and Balance of Payments Program. Dec 2017 252.225-7002 Qualifying Country Sources as Subcontractors. Dec 2017 252.225-7048 Export-Controlled Items. Jun 2013 252.227-7022 Government Rights (Unlimited). Mar 1979 252.227-7033 Rights in Shop Drawings. Apr 1966 252.232-7010 Levies on Contract Payments. Dec 2006

252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration.

Apr 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jun 2013 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2012 252.244-7000 Subcontracts for Commercial Items. Oct 2020

FAR Clauses Incorporated by Full Text

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 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 180 calendar days after Notice to Proceed (NTP). The time stated for completion shall include final cleanup of the premises.

(End of clause)

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 $573.65 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.

(End of clause)

52.219-14 Limitations on Subcontracting. Sep 2021

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

Limitations on Subcontracting (Sep 2021)

(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.

52.219-…