Solicitation - FA461321R0007.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

FA461321R0007

Section A - Solicitation/Contract Form

Section B - Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

All labor, materials, equipment, accessories, and incidentals to install heat tape, downspout/gutter ice sensors, roof clamps, electrical connections, and other components to provide a functioning roof ice melt system utilizing the existing infrastructure and controllers. All work will be according to this Scope of Work (SOW) dated 22 June 2021, the specifications included herein, applicable codes, and as recommended by the manufacturer.

Product Service Code: 5680 Firm Fixed Price

1 Job

Section C - Description/Specifications/Statement of Work

Requirements All labor, materials, equipment, accessories, and incidentals to install heat tape, downspout/gutter ice sensors, roof clamps, electrical connections, and other components to provide a functioning roof ice melt system utilizing the existing infrastructure and controllers. All work will be according to this Scope of Work (SOW), the specifications included herein, applicable codes, and as recommended by the manufacturer. Magnitude of this project is between $25,000 and $100,000.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

Site Visit: A site visit will be conducted on Wednesday, 7 July 2021 at 10:00 am (1000) MDT. A representative will be at the visitors center off f Interstate 25's exit 11, at 0930. If you plan to attend, send notice to andrea.

bauer@us.af.mil NLT July 6 to confirm.

FAR Clauses Incorporated by Reference

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

Authorized Accepting Official

Acceptance Other Instructions: Accepts invoicing.

DoDAAC: FA4613 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA4613 90 CONS PK

CP 307 773 3888

7505 BARNES LOOP BLDG 208

FE WARREN

AFB, WY 82005 2860

UNITED STATES

OfficeCode:

Arhtur Makekau Email: arthur.makekau@us.af.mil Telephone: 307-773-6829

Party to receive Certified Inspection Report Inspection Destination Instructions: Coordinate with contracting officer and inspector.

DoDAAC: F1Y3DA Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

90 CES

AF BPN NO MILSBILLS PROCESSES

300 VESLE DR

FE WARREN AFB, WY 82005 2782

UNITED STATES

OfficeCode:

Kenneth Hodgen Email: kenneth.hodgen.1@us.af.mil Telephone: 307-773-4591

Section F - Deliveries or Performance

Contractor Destination

Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to completion of performance 90 Calendar Days Date of Notice to Proceed Receipt

Place of Performance DoDAAC: F1Y3DA Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

90 CES

AF BPN NO MILSBILLS PROCESSES

300 VESLE DR

FE WARREN AFB, WY 82005 2782

UNITED STATES

OfficeCode:

Kenneth Hodgen Email: kenneth.hodgen.1@us.af.mil Telephone: 307-773-4591

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.204-7006 Billing Instructions. 2005-10 252.232-7003 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) 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.

CONSTRUCTION

(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.

N/A

(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 ___FA4613_ Admin DoDAAC __FA4613__ Inspect By DoDAAC ___F1Y3DA_ Ship To Code __F1Y3DA__ Ship From Code _N/A___ Mark For Code _N/A___ Service Approver (DoDAAC) __F1Y3DA__ Service Acceptor (DoDAAC) _F1Y3DA___ 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) 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.

_alisha.riles@us.af.mil, arthur.makekau@us.af.mil or andrea.bauer@us.af.mil_

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

(End of clause)

Section H - Special Contract Requirements

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

52.236-12 Cleaning Up (April 1984) 52.236-13 Accident Prevention (Nov 1991) 52.236-14 Availability and Use of Utility Services (April 1984)

DFARS Clause Incorporated by Reference

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements (Nov 2020) 252.204-7020 NIST SP 800-171 DoD Assessment Requirements (Nov 2020) 252.204-7021 Cybersecurity Maturity Model Certification Requirements (Nov 2020)

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.204-13 System for Award Management Maintenance. 2018-10 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.219-6 Notice of Total Small Business Set-Aside. 2020-11 52.219-13 Notice of Set-Aside of Orders. 2020-03 52.219-33 Nonmanufacturer Rule. 2020-03 52.222-6 Construction Wage Rate Requirements. 2018-08 52.222-7 Withholding of Funds. 2014-05 52.222-8 Payrolls and Basic Records. 2018-08 52.222-9 Apprentices and Trainees. 2005-07 52.222-10 Compliance with Copeland Act Requirements. 1988-02 52.222-11 Subcontracts (Labor Standards). 2014-05 52.222-12 Contract Termination-Debarment. 2014-05 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. 2014-05 52.222-14 Disputes Concerning Labor Standards. 1988-02 52.222-15 Certification of Eligibility. 2014-05 52.222-62 Paid Sick Leave Under Executive Order 13706. 2017-01 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2020-06 52.223-19 Compliance with Environmental Management Systems. 2011-05 52.223-21 Foams. 2016-06 52.232-27 Prompt Payment for Construction Contracts. 2017-01 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-3 Protest after Award. 1996-08 52.236-5 Material and Workmanship. 1984-04 52.236-7 Permits and Responsibilities. 1991-11 52.242-14 Suspension of Work. 1984-04 52.243-1 Alternate I Changes-Fixed-Price. - (Alternate I) 1987-08 52.243-5 Changes and Changed Conditions. 1984-04 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). 1984-04

DFARS Clauses Incorporated by Reference

Number Title Effective Date 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. 1992-04 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

2021-01

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

252.225-7048 Export-Controlled Items. 2013-06 252.232-7010 Levies on Contract Payments. 2006-12 252.232-7011 Payments in Support of Emergencies and Contingency Operations. 2013-05

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

2020-04

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. 2020-10 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. 2010-10

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. 1989-12

As prescribed in , insert the following clause:4.103

APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of [identify title of designated agency official here] and shall not be binding until so approved.____

(End of clause)

52.204-19 Incorporation by Reference of Representations and Certifications. 2014-12

As prescribed in , insert the following clause.4.1202(b)

INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.211-10 Commencement, Prosecution, and Completion of Work. 1984-04

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 _90 calendar days___.* The time stated for completion shall include final cleanup of the premises.

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items). 2021-02

As prescribed in 13.302-5(d), insert the following clause:

Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items) (Feb 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889 (a)(1)(A) of Pub. L. 115-232).

(iv) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

(vii) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(viii) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C.3553).

(ix) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub.L.108-77, 108-78 (19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013).

(vii) 52.233-1, Disputes (May 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (Nov 2020).

(ix) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)(Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (Jun 2020) (41 U.S.C.chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(v) 52.222-36, Equal Employment for Workers with Disabilities (Jun 2020) (29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)

(A) 52.222-50, Combating Trafficking in Persons (Oct 2020)(22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices:

Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be-

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American-Supplies (Jan 2021) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract, and the acquisition-

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations., Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2013)(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

(xx) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jun 2020) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

____[Insert one or more Internet addresses]

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights-

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(End of clause)

52.219-28 Post-Award Small Business Program Rerepresentation. 2020-11

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

POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 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.

-Small business concern

Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is (1) bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard 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.

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

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 is, is not a small business concern under NAICS Code assigned to contract number .(1) ____ ____

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

It is, is not a joint venture that complies with the requirements of , and the representation in paragraph (h)(4)(ii) 13 CFR part 127

(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:____ .] Each WOSB concern 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 is, is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB (i) Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

It is, is not a joint venture that complies with the requirements of , and the representation in paragraph (h)(5)(ii) 13 CFR part 127

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

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

(End of clause)

52.219-29 Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns. 2020-03

As prescribed in , insert the following clause:19.1508

NOTICE OF SET-ASIDE FOR, OR SOLE SOURCE AWARD TO, ECONOMICALLY DISADVANTAGED WOMEN-OWNED SMALL

BUSINESS CONCERNS (MAR 2020)

Definitions. "Economically disadvantaged women-owned small business (EDWOSB) concern" means-(a)

A small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13

. It automatically qualifies as a women-owned small business (WOSB) concern eligible under the WOSB Program.CFR part 127 means a secure, Web-based application that collects, stores, and disseminates documents to the contracting WOSB Program Repository community and SBA, which verify the eligibility of a business concern for a contract to be awarded under the WOSB Program.

. This clause applies only to-(b) Applicability

Contracts that have been set aside for, or awarded on a sole source basis to, EDWOSB concerns;(1)

Part or parts of a multiple-award contract that have been set aside for EDWOSB concerns; (2)

Orders set aside for EDWOSB concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and(3)

Orders issued directly to EDWOSB concerns under multiple-award contracts as described in 19.504(c)(1)(ii).(4)

General. (c) Offers are solicited only from EDWOSB concerns. Offers received from concerns that are not EDWOSB concerns will not be (1) considered.

Any award resulting from this solicitation will be made to an EDWOSB concern.(2)

The Contracting Officer will ensure that the apparent successful offeror has provided all required documents to the WOSB Program (3) Repository. The contract will not be awarded until all required documents are received.

An EDWOSB concern agrees that in the performance of the contract for-(d) Limitations on subcontracting.

Services (except construction), the concern will perform at least 50 percent of the cost of the contract incurred for personnel with its own (1) employees;

Supplies or products (other than procurement from a non-manufacturer in such supplies or products), the concern will perform at least (2) 50 percent of the cost of manufacturing the supplies or products (not including the costs of materials);

General construction, the concern will perform at least 15 percent of the cost of the contract with its own employees (not including the (3) costs of materials); and

Construction by special trade contractors, the concern will perform at least 25 percent of the cost of the contract with its own employees (4) (not including the cost of materials).

An EDWOSB concern shall comply with the limitations on subcontracting as follows:(e)

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

[ ] Contracting Officer check as appropriate.

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

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

For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.(2)

Joint Venture. A joint venture may be considered an EDWOSB concern if-(f)

It meets the applicable size standard corresponding to the NAICS code assigned to the contract, unless an exception to affiliation applies (1) pursuant to ;13 CFR 121.103(h)(3)

The EDWOSB participant of the joint venture is designated in the System for Award Management as an EDWOSB concern;(2)

The parties to the joint venture have entered into a written joint venture agreement that contains provisions–(3)

Setting forth the purpose of the joint venture;(i)

Designating an EDWOSB concern as the managing venturer of the joint venture, and an employee of the managing venturer as the (ii) project manager responsible for the performance of the contract;

Stating that not less than 51 percent of the net profits earned by the joint venture will be distributed to the EDWOSB;(iii)

Specifying the responsibilities of the parties with regard to contract performance, sources of labor, and negotiation of the EDWOSB (iv) contract; and

Requiring the final original records be retained by the managing venturer upon completion of the EDWOSB contract performed by (v) the joint venture.

The joint venture performs the applicable percentage of work required in accordance with paragraph (d) above; and(4)

The procuring activity executes the contract in the name of the EDWOSB or joint venture.(5)

(End of clause)

52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program. 2020-03

As prescribed in , insert the following clause:19.1508

NOTICE OF SET-ASIDE FOR, OR SOLE SOURCE AWARD TO, WOMEN-OWNED SMALL BUSINESS CONCERNS ELIGIBLE UNDER

THE WOMEN-OWNED SMALL BUSINESS PROGRAM (MAR 2020)

Definitions. "Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with ), means (a) 13 CFR 127 a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

means a secure, Web-based application that collects, stores, and disseminates documents to the contracting WOSB Program Repository community and SBA, which verify the eligibility of a business concern for a contract to be awarded under the WOSB Program.

. This clause applies only to-(b) Applicability

Contracts that have been set aside for, or awarded on a sole source basis to, WOSB concerns eligible under the WOSB Program;(1)

Part or parts of a multiple-award contract that have been set aside for WOSB concerns eligible under the WOSB Program; (2)

Orders set aside for WOSB concerns eligible under the WOSB Program, under multiple-award contracts as described in 8.405-5 and (3) 16.505(b)(2)(i)(F); and

Orders issued directly to WOSB concerns eligible under the WOSB Program under multiple-award contracts as described in 19.504(c)(1)(4) (ii).

General. (c) Offers are solicited only from WOSB concerns eligible under the WOSB Program. Offers received from concerns that are not (1)

WOSB concerns eligible under the WOSB program shall not be considered.

Any award resulting from this solicitation will be made to a WOSB concern eligible under the WOSB Program.(2)

The Contracting Officer will ensure that the apparent successful offeror has provided the required documents to the WOSB Program (3) Repository. The contract shall not be awarded until all required documents are received.

A WOSB concern eligible under the WOSB Program agrees that in the performance of the contract for-(d) Limitations on subcontracting.

Services (except construction), the concern will perform at least 50 percent of the cost of the contract incurred for personnel with its own (1) employees;

Supplies or products (other than procurement from a non-manufacturer in such supplies or products), the concern will perform at least (2) 50 percent of the cost of manufacturing the supplies or products (not including the costs of materials);

General construction, the concern will perform at least 15 percent of the cost of the contract with its own employees (not including the (3) costs of materials); and

Construction by special trade contractors, the concern will perform at least 25 percent of the cost of the contract with its own employees (4) (not including cost of materials).

A WOSB concern eligible under the WOSB Program shall comply with the limitations on subcontracting as follows:(e)

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

[ ] Contracting Officer check as appropriate.

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

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

For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.(2)

. A joint venture may be considered a WOSB concern eligible under the WOSB Program if-(f) Joint Venture

It meets the applicable size standard corresponding to the NAICS code assigned to the contract, unless an exception to affiliation applies (1) pursuant to ;13 CFR 121.103(h)(3)

The WOSB participant of the joint venture is designated in the System for Award Management as a WOSB concern;(2)

The parties to the joint venture have entered into a written joint venture agreement that contains provisions –(3)

Setting forth the purpose of the joint venture;(i)

Designating a WOSB concern eligible under the WOSB Program as the managing venturer of the joint venture, and an employee of (ii) the managing venturer as the project manager responsible for the performance of the contract;

Stating that not less than 51 percent of the net profits earned by the joint venture will be distributed to the WOSB;(iii)

Specifying the responsibilities of the parties with regard to contract performance, sources of labor, and negotiation of the WOSB (iv) contract; and

Requiring the final original records be retained by the managing venturer upon completion of the WOSB contract performed by the (v) joint venture.

The joint venture must perform the applicable percentage of work required in…