Solicitation - FA442720R0044.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

FA442720R0044

Section A - Solicitation/Contract Form

Section B - Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

PKA 349 AMW Facility Project B239 renovate computer lab and training center in accordance with SOW dated 09 June 2020.

Product Service Code: Z2AA Signal Code: A Program Code: C2 Firm Fixed Price

CIN: 00000000000005306833

1.0 Lot

Section C - Description/Specifications/Statement of Work

Requirements The Contractor shall be responsible for all professional services, permits, equipment, labor, tools, materials, and ancillary items necessary to renovate building 239.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

DFARS Clauses Incorporated by Reference

Number Title Effective Date 52.246-12 Inspection of Construction. 1996-08

Section F - Deliveries or Performance

Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to completion of performance 120 Calendar Days Date of Notice to Proceed Receipt

Ship To DoDAAC: F3ZT27 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

349 MSG

AF BPN NO MILSBILLS PROCESSES

531 WALDRON ST BLDG 239 BAY E

TRAVIS AFB, CA 94535 2125

United States

OfficeCode:

Tyler Kessler Telephone: 707-424-1851 Email:

DFARS Clauses Incorporated by Reference

Number Title Effective Date 52.242-15 Stop-Work Order. 1989-08 52.247-34 F.o.b. Destination. 1991-11

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.236-7000 Modification Proposals--Price Breakdown 1991-12

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) As used in this clause- Definitions.

"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) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

(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) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

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

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports WAWF payment instructions.

in WAWF for this contract or task or delivery order:

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

(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.

2 in 1 Invoice

(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.

F3ZT27

(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 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) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.

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 FA4427

Admin DoDAAC FA4427

Inspect By DoDAAC F3ZT27

Ship To Code F3ZT27

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) F3ZT27

Service Acceptor (DoDAAC) F3ZT27

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(*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) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(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.

jonny.ochoa@us.af.mil or rory.gardner@us.af.mil

(Contracting Officer: Insert applicable information or "Not applicable.")

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

(End of clause)

Section H - Special Contract Requirements

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.203-7 Anti-Kickback Procedures. 2014-05 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. 2014-05 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10

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

2015-10

52.215-15 Pension Adjustments and Asset Reversions. 2010-10 52.219-8 Utilization of Small Business Concerns. 2018-10 52.222-6 Construction Wage Rate Requirements. 2018-08 52.222-7 Withholding of Funds. 2014-05 52.222-8 Payrolls and Basic Records. 2018-08 52.222-9 Apprentices and Trainees. 2005-07 52.222-10 Compliance with Copeland Act Requirements. 1988-02 52.222-11 Subcontracts (Labor Standards). 2014-05 52.222-12 Contract Termination-Debarment. 2014-05 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. 2014-05 52.222-14 Disputes Concerning Labor Standards. 1988-02 52.222-15 Certification of Eligibility. 2014-05 52.228-5 Insurance-Work on a Government Installation. 1997-01 52.229-3 Federal, State, and Local Taxes. 2013-02 52.232-17 Interest. 2014-05 52.232-18 Availability of Funds. 1984-04 52.236-3 Site Investigation and Conditions Affecting the Work. 1984-04 52.236-6 Superintendence by the Contractor. 1984-04 52.236-8 Other Contracts. 1984-04

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

1984-04

52.236-10 Operations and Storage Areas. 1984-04 52.236-11 Use and Possession Prior to Completion. 1984-04 52.236-12 Cleaning Up. 1984-04 52.236-13 Accident Prevention. 1991-11 52.236-21 Specifications and Drawings for Construction. 1997-02 52.236-23 Responsibility of the Architect-Engineer Contractor. 1984-04 52.242-13 Bankruptcy. 1995-07 52.247-12 Supervision, Labor, or Materials. 1984-04 52.249-10 Default (Fixed-Price Construction). 1984-04

DFARS Clauses Incorporated by Reference

Number Title Effective Date

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

2017-01

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. 2017-01 52.204-13 System for Award Management Maintenance. 2018-10 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07

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

2018-07

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.219-6 Notice of Total Small Business Set-Aside. 2011-11 52.219-13 Notice of Set-Aside of Orders. 2011-11 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.222-50 Combating Trafficking in Persons. 2019-01 52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.223-19 Compliance with Environmental Management Systems. 2011-05 52.223-21 Foams. 2016-06 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.228-2 Additional Bond Security. 1997-10 52.228-11 Pledges of Assets. 2018-08 52.228-14 Irrevocable Letter of Credit. 2014-11 52.232-8 Discounts for Prompt Payment. 2002-02 52.232-11 Extras. 1984-04

52.232-27 Prompt Payment for Construction Contracts. 2017-01 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1 Disputes. 2014-05 52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.236-2 Differing Site Conditions. 1984-04 52.236-5 Material and Workmanship. 1984-04 52.236-7 Permits and Responsibilities. 1991-11 52.236-15 Schedules for Construction Contracts. 1984-04 52.242-14 Suspension of Work. 1984-04 52.243-4 Changes. 2007-06 52.243-5 Changes and Changed Conditions. 1984-04 52.244-6 Subcontracts for Commercial Items. 2019-08 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 52.249-4 Termination for Convenience of the Government (Services) (Short Form). 1984-04 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 252.225-7048 Export-Controlled Items. 2013-06 252.232-7010 Levies on Contract Payments. 2006-12 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.244-7000 Subcontracts for Commercial Items 2013-06

FAR Clauses Incorporated by Full Text

52.219-28 Post-Award Small Business Program Rerepresentation. 2020-05

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

POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAY 2020)

. As used in this clause-(a) Definitions means a contract of more than five years in duration, including options. However, the term does not include contracts that Long-term contract 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.

means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of Small business concern operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in and the size standard 13 CFR part 121 in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

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 (b) 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:

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

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

For long-term contracts-(3)

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

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

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 (c) 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.

The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that (d) 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.

The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a (e) construction or service contract, is 500 employees.

Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this (f) 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.

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 (g) required to, take the actions required by paragraphs (f) or (h) of this clause.

If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code (h) 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:

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

[ .] The Contractor (2) Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause represents that it is, is not, a small disadvantaged business concern as defined in .13 CFR 124.1002

[ ] The Contractor (3) Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.

represents that it is, is not a women-owned small business concern.

Women-owned small business (WOSB) concern eligible under the WOSB Program. [(4) Complete only if the Contractor represented itself ] The Contractor represents that-as a women-owned small business concern in paragraph (h)(3) of this clause.

It(i) is, is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

It(ii) is, is not a joint venture that complies with the requirements of , and the representation in paragraph (h)(4)(i) of this clause is accurate 13 CFR part 127 for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Contractor shall enter the name or names of the

Each WOSB concern .]WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:____ eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

Economically disadvantaged women-owned small business (EDWOSB) concern.[(5) Complete only if the Contractor represented itself as a ] The Contractor represents that-women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.

It(i) is, is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

It(ii) is, is not a joint venture that complies with the requirements of , and the representation in paragraph (h)(5)(i) of this clause is accurate 13 CFR part 127 for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed ____ copy of the EDWOSB representation.

[ ] The Contractor (6) Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.

represents that it is, is not a veteran-owned small business concern.

[ ] The (7) Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.

Contractor represents that it is, is not a service-disabled veteran-owned small business concern.

[ ] The Contractor (8) Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.

represents that-

It(i) 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

It(ii) 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

Each HUBZone small business concern participating in the ]the HUBZone small business concerns participating in the HUBZone joint venture: .____ 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.

(End of clause)

52.222-50 Alternate I Combating Trafficking in Persons. - (Alternate I) 2019-01

As prescribed in 22.1705(a)(1), insert the following clause:

COMBATING TRAFFICKING IN PERSONS (JAN 2019)

. As used in this clause-(a) Definitions means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the Agent organization.

means-Coercion

Threats of serious harm to or physical restraint against any person;(1)

Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or (2) physical restraint against any person; or

The abuse or threatened abuse of the legal process.(3) means any sex act on account of which anything of value is given to or received by any person.Commercial sex act

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

A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);(i)

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

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

Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.(2) means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a Debt bondage person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal Employee impact or involvement in contract performance.

means knowingly providing or obtaining the labor or services of a person-Forced Labor

By threats of serious harm to, or physical restraint against, that person or another person;(1)

By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or (2) services, that person or another person would suffer serious harm or physical restraint; or

By means of the abuse or threatened abuse of law or the legal process.(3) includes a condition of servitude induced by means of-Involuntary servitude

Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, (1) that person or another person would suffer serious harm or physical restraint; or

The abuse or threatened abuse of the legal process.(2) means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the Recruitment fees recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for-(1)

Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills (i) testing, recommending, or placing employees or potential employees;

Advertising(ii)

Obtaining permanent or temporary labor certification, including any associated fees;(iii)

Processing applications and petitions;(iv)

Acquiring visas, including any associated fees;(v)

Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;(vi)

Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security (vii) clearance checks and examinations; and additional certifications;

An employer's recruiters, agents or attorneys, or other notary or legal fees;(viii)

Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential (ix) employees;

Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;(x)

Transportation and subsistence costs-(xi)

While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes (A) associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and

From the airport or disembarkation point to the worksite;(B)

Security deposits, bonds, and insurance; and(xii)

Equipment charges.(xiii)

A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is-(2)

Paid in property or money;(i)

Deducted from wages;(ii)

Paid back in wage or benefit concessions;(iii)

Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or(iv)

Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to-(v)

Agents;(A)

Labor brokers;(B)

Recruiters;(C)

Staffing firms (including private employment and placement firms);(D)

Subsidiaries/affiliates of the employer;(E)

Any agent or employee of such entities; and(F)

Subcontractors at all tiers.(G) means-Severe forms of trafficking in persons

Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act (1) has not attained 18 years of age; or

The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or (2) coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

"Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a Subcontract subcontract.

means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another Subcontractor subcontractor.

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

The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of (b) Policy.

this clause. Contractors, contractor employees, and their agents shall not-

Engage in severe forms of trafficking in persons during the period of performance of the contract;(1)

Procure commercial sex acts during the period of performance of the contract;(2)

Use forced labor in the performance of the contract;(3)

Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as (4) passports or drivers' licenses, regardless of issuing authority;

(5) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a (i) format and language understood by the employee or potential employee, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be charged to the employee or potential employee, and, if applicable, the hazardous nature of the work;

Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;(ii)

Charge employees or potential employees recruitment fees;(6)

(7) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment-(i)

For an employee who is not a national of the country in which the work is taking place and who was brought into that country for (A) the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or

For an employee who is not a United States national and who was brought into the United States for the purpose of working on a (B) U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that-

The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is-(ii)

Legally permitted to remain in the country of employment and who chooses to do so; or(A)

Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the (B) cost of return transportation;

The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim (iii) services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

Provide or arrange housing that fails to meet the host country housing and safety standards; or(8)

If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in (9) writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

. The Contractor shall-(c) Contractor requirements

Notify its employees and agents of-(1)

The United States Government's policy prohibiting trafficking in persons, described in paragraph (b) of this clause; and(i)

The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but (ii) are not limited to, removal from the contract, reduction in benefits, or termination of employment; and

Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in (2) paragraph (b) of this clause.

(d) Notification. The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of-(1)

Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, (i) subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.

C. 1351, Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and

Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.(ii)

If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with (2) the highest dollar value.

In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (e) Remedies.

(c), (d), (g), (h), or (i) of this clause may result in-

Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;(1)

Requiring the Contractor to terminate a subcontract;(2)

Suspension of contract payments until the Contractor has taken appropriate remedial action;(3)

Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-(4) compliance;

Declining to exercise available options under the contract;(5)

Termination of the contract for default or cause, in accordance with the termination clause of this contract; or(6)

Suspension or debarment.(7)

When determining remedies, the Contracting Officer may consider the following:(f) Mitigating and aggravating factors.

. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, (1) Mitigating factors was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.

. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed (2) Aggravating factors by the Contracting Officer to do so.

. (g) Full cooperation The Contractor shall, at a minimum-(1)

Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals (i) responsible for the conduct;

Provide timely and complete responses to Government auditors' and investigators' requests for documents;(ii)

Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting (iii) agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and

Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which (iv) the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.

The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It (2) does not-

Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine;(i)

Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney (ii) client privilege or Fifth Amendment rights; or

Restrict the Contractor from-(iii)

Conducting an internal investigation; or(A)

Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.(B)

. (h) Compliance plan This paragraph (h) applies to any portion of the contract that-(1)

Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed (i) outside the United States; and

Has an estimated value that exceeds $500,000.(ii)

The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate-(2)

To the size and complexity of the contract; and(i)

To the nature and scope of the activities to be performed for the Government, including the number of non-United States citizens (ii) expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.

. The compliance plan must include, at a minimum, the following:(3) Minimum requirements

An awareness program to inform contractor employees about the Government's policy prohibiting trafficking-related activities (i) described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/.

A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, (ii) including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org.

A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging (iii) recruitment fees to the employees or potential employees and ensures that wages meet applicable host-country legal requirements or explains any variance.

A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-(iv) country housing and safety standards.

Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including (v) activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.

. (4) Posting The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at (i) the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing.

The Contractor shall provide the compliance plan to the Contracting Officer upon request.(ii)

. Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that-(5) Certification

It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, (i) detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and

After having conducted due diligence, either-(ii)

To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in (A) any such activities; or

If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or (B) subcontractor has taken the appropriate remedial and referral actions.

. (i) Subcontracts The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts (1) with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that-

Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be (A) performed outside the United States; and

Has an estimated value that exceeds $500,000.(B)

If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the (2) subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause.

(End of clause)

As prescribed in 22.1705(a)(2), substitute the following paragraph in place of paragraph (c)(1)(i) of the basic clause:Alternate I ( 2015).Mar

(i)(A) The United States Government's policy prohibiting trafficking in persons described in paragraph (b) of this clause; and

(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:

Document Title Document may be obtained fro

Applies to performance in /at:

[Contracting Officer shall insert title of directive/notice; indicate the document is attached or provide source (such as website link) for obtaining ]document; and, indicate the contract performance location outside the United States. to which the document applies.

52.232-19 Availability of Funds for the Next Fiscal Year. 1984-04

As prescribed in 32.706-1(b), insert the following clause:

AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond . The Government's obligation for performance of this FY 2020 contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond , until funds are made available FY 2020 to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.232-29 Terms for Financing of Purchases of Commercial Items. 2002-02

As prescribed in 32.206(b)(2), insert the following clause:

TERMS FOR FINANCING OF PURCHASES OF COMMERCIAL ITEMS (FEB 2002)

. The Contractor may request, and the Government shall pay, a contract financing payment as (a) Contractor entitlement to financing payments specified elsewhere in this contract when: the payment requested is properly due in accordance with this contract; the supplies deliverable or services due under the contract will be delivered or performed in accordance with the contract; and there has been no impairment or diminution of the Government's security under this contract.

. If this contract is terminated for cause, the Contractor shall, on demand, repay to the (b) Special terms regarding termination for cause Government the amount of unliquidated contract financing payments. The Government shall be liable for no payment except as provided by the Termination for Cause paragraph of the clause at 52.212-4, Contract Terms and Conditions-Commercial Items.

. In the event the Contractor fails to provide adequate security, as required in this contract, no financing (c) Security for Government financing payment shall be made under this contract. Upon receipt of adequate security, financing payments shall be made, including all previous payments to which the Contractor is entitled, in accordance with the terms of the provisions for contract financing. If at any time the Contracting Officer determines that the security provided by the Contractor is insufficient, the Contractor shall promptly provide such additional security as the Contracting Officer determines necessary. In the event the Contractor fails to provide such additional security, the Contracting Officer may collect or liquidate such security that has been provided and suspend further payments to the Contractor; and the Contractor shall repay to the Government the amount of unliquidated financing payments as the Contracting Officer at his sole discretion deems repayable.

Reservation of rights. (d) No payment or other action by the Government under this clause shall-(1)

Excuse the Contractor from performance of obligations under this contract; or(i)

Constitute a waiver of any of the rights or remedies of the parties under the contract.(ii)

The Government's rights and remedies under this clause-(2)

Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and(i)

Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any (ii) single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

. The Contractor's request for financing payment shall contain the following:(e) Content of Contractor's request for financing payment

The name and address of the Contractor;(1)

The date of the request for financing payment;(2)

The contract number and/or other identifier of the contract or order under which the request is made; and(3)

An…