Solicitation - FA461324R0002.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

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

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

AWARD (To be completed by Government)

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

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

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.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 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.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Section A - Solicitation/Contract Form

PKAA Pavements IDIQ (Construction)

FA461324R0002

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Estimated Quantity

Unit Unit Price Amount

Paving IDIQ base CLIN. The purpose of this IDIQ is to provide paving on and around F.E. Warren AFB IAW the Specifications (see Section J) and all associated attachments.

Statements of Work for future projects will be provided via Task Order Proposal Request (TOPR) for individual task orders. The Period of Performance will be issued with individual TOPRs. INFORMATION FOR RFP ONLY: For purposes of completing the solicitation, no price is needed for this CLIN.

Product Service Code: Z1LB Pricing Arrangement: Firm Fixed Price

1 Lot

Paving IDIQ base CLIN. The purpose of this IDIQ is to provide paving on and around F.E. Warren AFB IAW the Specifications (see Section J) and all associated attachments.

Statements of Work for future projects will be provided via Task Order Proposal Request (TOPR) for individual task orders. The Period of Performance will be issued with individual TOPRs. INFORMATION FOR RFP ONLY: For purposes of completing the solicitation, no price is needed for this CLIN.

Product Service Code: Z1LB Pricing Arrangement: Firm Fixed Price

1 Lot

Paving IDIQ base CLIN. The purpose of this IDIQ is to provide paving on and around F.E. Warren AFB IAW the Specifications (see Section J) and all associated attachments.

Statements of Work for future projects will be provided via Task Order Proposal Request (TOPR) for individual task orders. The Period of Performance will be issued with individual TOPRs. INFORMATION FOR RFP ONLY: For purposes of completing the solicitation, no price is needed for this CLIN.

Product Service Code: Z1LB Pricing Arrangement: Firm Fixed Price

1 Lot

Paving IDIQ base CLIN. The purpose of this IDIQ is to provide paving on and around F.E. Warren AFB IAW the Specifications (see Section J) and all associated attachments.

Statements of Work for future projects will be provided via Task Order Proposal Request (TOPR) for individual task orders. The Period of Performance will be issued with individual TOPRs. INFORMATION FOR RFP ONLY: For purposes of completing the solicitation, no price is needed for this CLIN.

Product Service Code: Z1LB Pricing Arrangement: Firm Fixed Price

1 Lot

Paving IDIQ base CLIN. The purpose of this IDIQ is to provide paving on and around F.E. Warren AFB IAW the Specifications (see Section J) and all associated attachments.

Statements of Work for future projects will be provided via Task Order Proposal Request (TOPR) for individual task orders. The Period of Performance will be issued with individual TOPRs. INFORMATION FOR RFP ONLY: For purposes of completing the solicitation, no price is needed for this CLIN.

Product Service Code: Z1LB Pricing Arrangement: Firm Fixed Price

1 Lot

Section C - Description/Specifications/Statement of Work

This solicitation is to establish an indefinite quantity, indefinite delivery (IDIQ) contract for maintaining base and missile field roads and pavements.

We intend to award an IDIQ with one base year and four option years, running from 27 June 24- 26 June 29. This acquisition is being issued as a 100% total small business set-aside, under NAICS 237310, size standard of $45M.

All amendments to this solicitation (if any) must be acknowledged.

An organized site visit is available upon request. Any and all contractors interested in a site visit, MUST request one, in writing, no later than 8 March 2024, 1000am Mountain Time. An amendment will be issued with site visit date and time should one be requested. We will not offer individual site visits. Should a site visit take place, you must have a valid drivers license/identification card, valid registration for any vehicle you will be operating, and proof of insurance. Sponsorship information will be provided in the amendment.

Please review all parts of this solicitation along with all attachments; direct specific attention is directed to Section L for Proposal Preparation and Section M for Evaluation Factors for Award.

See section J- Lists of Attachments for this solicitation.

All individual project specifications/statements of work and drawings for individual task orders will be included at the time orders are solicited.

Requirements IDIQ for base pavement construction requirements.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.246-12 Inspection of Construction. Aug 1996

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: Inspectors are assigned at task order level. These individuals will inspect/accept progress reports.

DoDAAC: F1Y3DA CountryCode: USA

90 CES

AF BPN NO MILSBILLS PROCESSES, 300 VESLE DR

FE WARREN AFB, WY 82005-2782

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: Inspectors are assigned at task order level. These individuals will inspect/accept progress reports.

DoDAAC: F1Y3DA CountryCode: USA

90 CES

AF BPN NO MILSBILLS PROCESSES, 300 VESLE DR

FE WARREN AFB, WY 82005-2782

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: Inspectors are assigned at task order level. These individuals will inspect/accept progress reports.

DoDAAC: F1Y3DA CountryCode: USA

90 CES

AF BPN NO MILSBILLS PROCESSES, 300 VESLE DR

FE WARREN AFB, WY 82005-2782

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: Inspectors are assigned at task order level. These individuals will inspect/accept progress reports.

DoDAAC: F1Y3DA CountryCode: USA

90 CES

AF BPN NO MILSBILLS PROCESSES, 300 VESLE DR

FE WARREN AFB, WY 82005-2782

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: Inspectors are assigned at task order level. These individuals will inspect/accept progress reports.

DoDAAC: F1Y3DA CountryCode: USA

90 CES

AF BPN NO MILSBILLS PROCESSES, 300 VESLE DR

FE WARREN AFB, WY 82005-2782

UNITED STATES

Section F - Deliveries or Performance

Off Ramping Procedures

While it is the Government's intent to maintain a strategic relationship with IDIQ contractors for the duration of the Base Pavements contract, the Government may, at its sole discretion, choose to off-ramp an IDIQ awardee at any time during the term of the Base Pavements IDIQ contract for the following reasons:

1) Remove IDIQ awardees with poor performance (e.g., late performance or being assessed liquidated damages on task orders, overall performance assessment rating of Marginal or Unsatisfactory in the Contractor Performance Assessment Reporting System (CPARS),unresponsiveness to warranty work, failure to provide responsive customer service, unsafe site conditions, etc.).

2) Remove IDIQ awardees who fail to propose on at least 75% of all task order proposal requests, annually from date of contract award.

3) Remove IDIQ awardees who fail to receive at least one task order in the base year and/or option one year. Generally, when this occurs, it is because their price is too high or does not understand the technical requirements of the project.

4) Awardees who fail to provide proof of liability insurance and/or secure required bonding at the task order level.

The Government intends to review annually, at the anniversary date of the contract award, the overall performance of all effective IDIQ contract holders. Following the review, the Government reserves the right to off-ramp contractors during the life of this IDIQ contract by using one (1) of the following approaches:

1) Termination in accordance with FAR Part 49, under urgent circumstances (business closing, loss of bonding, etc.).

2) By not exercising an option in accordance with FAR Part 17.

For effective IDIQ awardees where the Government decides not to exercise the option, the Government will provide a 30- calendar day written notice of its intention to off-ramp. If the Government determines an effective IDIQ awardee will be off-ramped, the effective IDIQ awardee will not be allowed, as of that date, to actively participate in upcoming task order proposal requests. However, the effective IDIQ awardee will be required to complete all task orders awarded prior to the off-ramp determination date.

Overall Contract Delivery Period

From 27 Jun 2024 to 26 Jun 2029

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

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

Estimated

Line Item Delivery Schedule Quantity Address and POC

Delivery Schedule From date of lead time event to completion of performance 1 Calendar Days Date of Notice to Proceed Receipt

Period of Performance From 27 Jun 2024 To 26 Jun 2025

1 Lot Place of Performance DoDAAC: F1Y3DA CountryCode: USA

90 CES

AF BPN NO MILSBILLS PROCESSES, 300

VESLE DR

FE WARREN AFB, WY 82005-2782

UNITED STATES

Delivery Schedule From date of lead time event to completion of performance 1 Calendar Days Date of Notice to Proceed Receipt

Period of Performance From 27 Jun 2025 To 26 Jun 2026

1 Lot Place of Performance DoDAAC: F1Y3DA CountryCode: USA

90 CES

AF BPN NO MILSBILLS PROCESSES, 300

VESLE DR

FE WARREN AFB, WY 82005-2782

UNITED STATES

Delivery Schedule From date of lead time event to completion of performance 1 Calendar Days Date of Notice to Proceed Receipt

Period of Performance From 27 Jun 2026 To 26 Jun 2027

1 Lot Place of Performance DoDAAC: F1Y3DA CountryCode: USA

90 CES

AF BPN NO MILSBILLS PROCESSES, 300

VESLE DR

FE WARREN AFB, WY 82005-2782

UNITED STATES

Delivery Schedule From date of lead time event to completion of performance 1 Calendar Days Date of Notice to Proceed Receipt

Period of Performance From 27 Jun 2027 To

1 Lot Place of Performance DoDAAC: F1Y3DA CountryCode: USA

90 CES

AF BPN NO MILSBILLS PROCESSES, 300

VESLE DR

FE WARREN AFB, WY 82005-2782

UNITED STATES

26 Jun 2028

Delivery Schedule From date of lead time event to completion of performance 1 Calendar Days Date of Notice to Proceed Receipt

Period of Performance From 27 Jun 2028 To 26 Jun 2029

1 Lot Place of Performance DoDAAC: F1Y3DA CountryCode: USA

90 CES

AF BPN NO MILSBILLS PROCESSES, 300

VESLE DR

FE WARREN AFB, WY 82005-2782

UNITED STATES

Section G - Contract Administration Data

LIABILITY INSURANCE

In accordance with FAR Clause 52.228-5 and Liability insurance requirements in accordance with FAR 28.307-2, contractors will need to provide the following:

(a) Workers' compensation and employer's liability. Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability.

(1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile liability. T he require automobile liability written on the comprehensive form of policy. The policy contracting officer shall insurance provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the shall contract. Policies covering automobiles operated in the provide coverage of at least $200,000 per person and $500,000 per United States shall occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies be shall commensurate with any legal requirements of the locality and sufficient to meet normal and customary . claims

*Proof of the above insurances will need to be provided to the government NLT 10 days from award of contract and NLT 10 days from award of each option year. Failure to do so will result in ineligibility of the contractor to submit offers at the task order level until they are current with proof of insurance.

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

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

DFARS Clauses Incorporated by Full Text

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

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) 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.

FA461324R0002

https://www.acquisition.gov/far/28.305#FAR_28_305

(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 in WAWF payment instructions.

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.

Construction and Facilities Management Invoice

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

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 financing, submit a commercial financing request.

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

[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 WAWF Document routing.

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 N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) F1Y3DA

Service Acceptor (DoDAAC) F1Y3DA

Accept at Other DoDAAC FA4613

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(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.

arthur.makekau@us.af.mil

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

(End of clause)

Section H - Special Contract Requirements

CLAUSE H-01: MANDATORY POST AWARD CONFERENCE

Every IDIQ awardee shall be issued a task order in the amount of $500.00 to attend a post award conference.

CLAUSE H-02: CONTRACT MAXIMUM AND CONTRACT MINIMUM GUARANTEE

(a) The maximum amount of this contract shall not exceed $9,999,999.00, which represents the maximum value of business opportunity available under the Paving IDIQ. The maximum ceiling amount of $9,999,999.00 shall be awarded amongst all Paving IDIQ contract holders based on fair competition.

CLAUSE H-03: ORDERING PERIOD AND PERIOD OF PERFORMANCE

(a) The ordering period for orders shall start on 27 June 2024 and will run for a base plus four (4) option year period, 27 June 2024- 26 June 2029.

(b) Period of performance under this contract shall be cited in individual task orders.

(c) Task orders may be issued at any time during the ordering period. The performance period for each task order will be cited within the order and may not extend beyond the date listed in FAR 52.216-22(d) Indefinite Quantity one (1) year post the last day of the contract's ordering period.

CLAUSE H-04 ORDERING PROCEDURES

Task orders shall be issued on a Firm-Fixed Price (FFP) basis. Task order competition for future requirements is as follows:

1. Task Order Proposal Request (TOPR):

a. The ordering CO will initiate the TOPR process by sending a TOPR letter and attachments (hereafter referred to as the TOPR package) to IDIQ awardees in accordance with (IAW) FAR 16.505, Ordering, as supplemented.

b. The TOPR letter should include, at a minimum, the following information:

i. Date of package

ii. Proposal due date and name/email address of POC, to submit proposal

iii. Location of requirement (building numbers, etc.)

iv. Project Statement of Work

v. Period of performance

vi. Davis Bacon Wage Requirements

vii. Site visit information

viii. Other requirements documents

ix. Bonding requirements

2. TOPR Submission Process:

a. All Contractors are highly encouraged to submit a proposal for every TOPR under this contract. If no proposals or only one proposal is received, the Government, at its discretion, may revalidate the TOPR requirement. The validation process may include exchanges of information with some or all the Contractors to determine whether there are concerns about the TOPR requirement. Should the requirement be validated, the ordering CO may reissue the TOPR package or issue an amendment to the TOPR.

b. The Contractor's task order proposal shall be submitted to the ordering CO on or before the time and date specified in the TOPR letter. Pricing on task order proposals shall be valid for at least 90 calendar days, or longer if specified in the TOPR, after the required submission date. The Contractor's task order proposal shall comply with all TOPR requirements.

3. TOPR Evaluation Process:

a. IAW FAR 16.505(b), ordering Contracting Officers are encouraged to exercise broad discretion in developing evaluation criteria and to streamline the TOPR evaluation process. Proposals will be evaluated using Lowest Price/Compliance with TOPR Requirements evaluation method tailored as appropriate.

b. The following evaluation factors MUST be considered when awarding a task order:

i. Compliance with TOPR Requirements: The ordering activity will review the Contractors proposal for Compliance with TOPR Requirements.

The compliance evaluation will determine if the proposal clearly meets the minimum requirements of the TOPR, including bonding requirements if applicable, or any other requirements identified in the individual TOPR package.

ii. Price: The ordering activity will review the Contractors proposed price using pricing analysis described in FAR 15.404(b).

c. The following evaluation factor MAY be considered when awarding a task order:

i. Past Performance: If evaluated, may reference other sources including but not limited to Federal Awardee Performance and Integrity Information System (FAPIIS), Contractor Performance Assessment Reporting Systems (CPARS), Past Performance Integrated Reporting System (PPIRS), and System for Award Management (SAM), other DoD installations where the Offeror performed.

4. Notice to Proceed (NTP). All contractors shall physically start work IAW the timeframes established in the task order, normally 10 days after acknowledgment of NTP.

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.202-1 Definitions. Jun 2020 52.203-3 Gratuities. Apr 1984 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021 52.203-17 Contractor Employee Whistleblower Rights. Nov 2023 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. May 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

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

Nov 2021

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

Nov 2021

52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023

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

Nov 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.210-1 Market Research. Nov 2021 52.211-13 Time Extensions. Sep 2000 52.215-2 Audit and Records-Negotiation. Jun 2020 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.217-2 Cancellation Under Multi-year Contracts. Oct 1997 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.219-8 Utilization of Small Business Concerns. Sep 2023 52.219-13 Notice of Set-Aside of Orders. Mar 2020 52.219-33 Nonmanufacturer Rule. Sep 2021 52.222-3 Convict Labor. Jun 2003 52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation. May 2018 52.222-6 Construction Wage Rate Requirements. Aug 2018 52.222-7 Withholding of Funds. May 2014 52.222-8 Payrolls and Basic Records. Jul 2021 52.222-9 Apprentices and Trainees. Jul 2005 52.222-10 Compliance with Copeland Act Requirements. Feb 1988 52.222-11 Subcontracts (Labor Standards). May 2014 52.222-12 Contract Termination-Debarment. May 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. May 2014 52.222-14 Disputes Concerning Labor Standards. Feb 1988 52.222-15 Certification of Eligibility. May 2014 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-27 Affirmative Action Compliance Requirements for Construction. Apr 2015

52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method).

Aug 2018

52.222-35 Equal Opportunity for Veterans. Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-37 Employment Reports on Veterans. Jun 2020 52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-54 Employment Eligibility Verification. May 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. Jan 2022 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2022 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.223-6 Drug-Free Workplace. May 2001 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.223-21 Foams. Jun 2016 52.225-11 Buy American-Construction Materials under Trade Agreements. (Alternate I) Dec 2022 Alternate I Dec 2022

52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.228-2 Additional Bond Security. Oct 1997 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.228-11 Individual Surety-Pledge of Assets. Feb 2021 52.228-14 Irrevocable Letter of Credit. Nov 2014 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.232-17 Interest. May 2014 52.232-23 Assignment of Claims. May 2014 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-1 Disputes. May 2014 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.236-2 Differing Site Conditions. Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work. Apr 1984 52.236-5 Material and Workmanship. Apr 1984 52.236-6 Superintendence by the Contractor. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.236-8 Other Contracts. Apr 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. Apr 1984 52.236-10 Operations and Storage Areas. Apr 1984 52.236-11 Use and Possession Prior to Completion. Apr 1984 52.236-12 Cleaning Up. Apr 1984 52.236-13 Accident Prevention. Nov 1991 52.236-14 Availability and Use of Utility Services. Apr 1984 52.236-15 Schedules for Construction Contracts. Apr 1984 52.236-17 Layout of Work. Apr 1984 52.236-21 Specifications and Drawings for Construction. Feb 1997 52.242-13 Bankruptcy. Jul 1995 52.242-14 Suspension of Work. Apr 1984 52.243-4 Changes. Jun 2007 52.244-5 Competition in Subcontracting. Dec 1996 52.244-6 Subcontracts for Commercial Products and Commercial Services. Nov 2023 52.248-3 Value Engineering-Construction. (Alternate I) Oct 2020 Alternate I Apr 1984 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-10 Default (Fixed-Price Construction). Apr 1984 52.253-1 Computer Generated Forms. Jan 1991

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies. Jan 2023 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.203-7004 Display of Hotline Posters. Jan 2023 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

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

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Jan 2023 252.205-7000 Provision of Information to Cooperative Agreement Holders. Jun 2023

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

May 2019

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.223-7004 Drug-Free Work Force. Sep 1988 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023

252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China.

Jan 2023

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

Jan 2023

252.232-7010 Levies on Contract Payments. Dec 2006 252.232-7011 Payments in Support of Emergencies and Contingency Operations. May 2013

252.236-7005 Airfield Safety Precautions. Dec 1991 252.242-7006 Accounting System Administration. Feb 2012 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. Oct 2010

FAR Clauses Incorporated by Full Text

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

As prescribed in , insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The 11.404(b) 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 calendar days after the date the Contractor receives the notice to 10 proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than . The time the date specified in each task order stated for completion shall include final cleanup of the premises.

(End of clause)

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

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

Liquidated Damages-Construction (Sept 2000)

If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the (a) Government in the amount of for each calendar day of delay until the work is completed or accepted.amount specified at task order level, If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These (b) liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.216-18 Ordering. (Aug 2020)

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

Ordering (Aug 2020)

Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or (a) activities designated in the Schedule. Such orders may be issued from through .within the ordering period the conclusion of the order period

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

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

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

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

If sent electronically, the Government either-(3)

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

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

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

(End of clause)

52.216-19 Order Limitations. (Oct 1995)

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

Order Limitations (Oct 1995)

. When the Government requires supplies or services covered by this contract in an amount of less than , the Government (a) Minimum order $500.00 is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

Any order for a single item in excess of ;(1) $2,500,000.00

Any order for a combination of items in excess of ; or(2) $5,000,000.00

A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b)(1) (3) within 7.

or (2) of this section.

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

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

(End of clause)

52.216-22 Indefinite Quantity. (Oct 1995)

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

Indefinite Quantity (Oct 1995)

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

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

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

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

(End of clause)

52.216-32 Task-Order and Delivery-Order Ombudsman. (Alternate I) (Sep 2019) Alternate I (Sep 2019)

As prescribed in 16.506(j), add the following paragraph (d) to the basic clause.

(d) Contracts used by multiple agencies.

(1) This is a contract that is used by multiple agencies. Complaints from Contractors concerning orders placed under contracts used by multiple agencies are primarily reviewed by the task-order and delivery-order Ombudsman for the ordering activity.

(2) The ordering activity has designated the following task-order and delivery-order Ombudsman for this order:

_Refer to DAFFARS 5352.201-9101 AFGSC Ombudsman clause for more information._

(3) Before consulting with the task-order and delivery-order Ombudsman for the ordering activity, the Contractor is encouraged to first address complaints with the ordering activity's Contracting Officer for resolution. When requested by the Contractor, the task-order and delivery-order

Ombudsman for the ordering activity may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

52.216-32 Task-Order and Delivery-Order Ombudsman. (Sep 2019)

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

Task-Order and Delivery-Order Ombudsman (Sept 2019)

In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The (a) Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract. Arthur Makekau at arthur.makekau@us.af.mil 307-773-6829.

Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).(b)

Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. (c) When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of clause)

52.217-8 Option to Extend Services. (Nov 1999)

As prescribed in , insert a clause substantially the same as the following:17.208(f)

Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within .15 calendar days prior to the expiration of the contract

(End of clause)

52.217-9 Option to Extend the Term of the Contract. (Mar 2000)

As prescribed in , insert a clause substantially the same as the following:17.208(g)

Option to Extend the Term of the Contract (Mar 2000)

The Government may extend the term of this contract by written notice to the Contractor within ; provided that the Government (a) 15 calendar days gives the Contractor a preliminary written notice of its intent to extend at least days before the contract expires. The preliminary notice does not 60 commit the Government to an extension.

If the Government exercises this option, the extended contract shall be considered to include this option clause.(b)

The total duration of this contract, including the exercise of any options under this clause, shall not exceed months.(c) 66

(End of clause)

52.219-14 Limitations on Subcontracting. (Oct 2022)

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

Limitations on Subcontracting (Oct 2022)

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

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

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

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

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

This clause applies only to-(c) Applicability.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of clause)

52.219-28 Post-Award Small Business Program Rerepresentation. (Alternate I) (Sep 2023) Alternate I (Mar 2020)

Alternate I . As prescribed in (c)(2), substitute the following paragraph (h)(1) for paragraph (h)(1) of the basic clause:(Mar 2020) 19.309

(h)(1) The Contractor represents its small business size status for each…