Solicitation - FA462122R0002 11-5 Final.pdf

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

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

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

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

SOLICITATION

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

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

b. An offer guarantee is, is not required.

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

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

STANDARD FORM 1442 (REV. 8/2014)

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

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

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

12b. CALENDAR DAYS

YES NO

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

AMOUNTS

OFFER (Must be fully completed by offeror)

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

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

CODE FACILITY CODE

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

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

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

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

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

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

FA462122R0002

Section A - Solicitation/Contract Form

This acquisition will be conducted IAW Federal Acquisition Regulation (FAR) 15.3 as supplemented by the DoD Source Selection Procedures referenced in Defense FAR Supplement (DFARS) 215.3 and Air Force FAR Supplement (AFFARS) Mandatory Procedures 5315.3) as also noted in Section M.

a. Project Information: A multiple award Fixed Price, Indefinite Delivery/Indefinite Quantity (ID/IQ) construction contract which involves the acquisition of multi-discipline projects; each between $2,000 and $10,000,000 with a period of performance beginning in Mar 2022.

b. This is a 100% Small Business Set-Aside with award to up to six (6) Small Businesses. The Seed Project is under NAICS Code 236220 with a size standard of $39.5M.

c. The contract minimum guarantee is $500. The guaranteed minimum will be satisfied by attendance of the successful offerors at the Post-Award Conference.

d. The total maximum amount of all task orders issued shall not exceed a monetary amount of $75,000,000 for a total term of 6 years (as extended through the exercise of options).

e. The Seed Project magnitude is between $1,000,000 and $5,000,000. The Seed Project shall be awarded to the “Best Value” offeror. Subsequent task orders may be awarded based on Best Value or low bid price.

f. Please reference Section L, “Instructions, Conditions and Notices to Offerors” for proper preparation of the offer and Section M, “Evaluation Factors for Award”.

g. A bid bond in the amount of 20% of the Seed Project offer price is required.

h. An organized Pre-proposal Conference and Site Visit is planned for 1:00 p.m. on 17 Nov 2021 at McConnell AFB. (See Section H.9.0 for additional details/requirements):

i. Additional information for Block 13A: Mark envelopes “Source Selection Sensitive”

j. Notice to offerors: Funds are currently not available for this effort. No award will be made until funds are available. The Government reserves the right to cancel this solicitation either before or after the closing date. In the event this solicitation is cancelled, the Government has no obligation to reimburse offerors for any costs incurred.

Section B - Supplies or Services and Prices/Cost Additional Information/Notes

B1.0 DELIVERY ORDER RANGE AND ANTICIPATED AVERAGE DELIVERY ORDER SIZE

Construction projects under this contract will generally range as low as $2,000.00 and as high as $10,000,000.00. For the previous MACC contract at McConnell, as of 4 May 2021(base period plus three option periods), 21 task orders were issued valued at $36.7M. The task order values ranged from a low of $62K to a high of $7.5M. Over 76% of the projects were awarded in the 3rd and 4th Quarters. The below table provides the historical quantities of task orders broken down by quarter in order to provide a representation of the distribution of workload throughout the year. The below information is historical data only and does not necessarily represent future volume under this contract. This information is accurate as of 4 May 2021.

Quarterly Task Order (TO) History

McConnell AFB, KS Base Year OY 1 OY 2 OY 3

Total TO's Per Quarter

Avg TO's per Qtr

1st Qtr 1 Oct - 31 Dec 0 0 0 1 1 .25

2nd Qtr 1 Jan - 31 Mar 1 0 0 3 4 1

3rd Qtr 1 Apr - 30 Jun 1 1 0 2 4 1

4th Qtr 1 Jul - 30 Sep 5 4 2 1 12 3

Total TO's 21

Government Obligation to Order Minimum: 500.00 Dollars, U.S.

Maximum: 75,000,000.00 Dollars, U.S.

Allowed Per Order Minimum: 2,000.00 Dollars, U.S.

Maximum: 10,000,000.00 Dollars, U.S.

Item Supplies/Service Quantity Unit Unit Price Amount

Construction, MACC, Base Period - MACC is a multiple award, competitive construction acquisition based on a general statement of work further defined within each individual task order. The contractor shall perform any and all functions as stated in the scope of work for each individual task order issued against this contract. The work may consist of multiple disciplines in general construction categories and may involve design and build services for execution of a broad range of maintenance, repair, alteration, and demolition of real propery, as well as new construction of facilities at McConnell AFB, Kansas. The contractor shall provide all materials, equipment, tools, supervision and labor necessary to complete the work associated with the specified scope of the task order.

1 Lot

Product Service Code: Z1AA Firm Fixed Price

Option Line Item

Construction, MACC, Option Period 1 - MACC is a multiple award, competitive construction acquisition based on a general statement of work further defined within each individual task order. The contractor shall perform any and all functions as stated in the scope of work for each individual task order issued against this contract. The work may consist of multiple disciplines in general construction categories and may involve design and build services for execution of a broad range of maintenance, repair, alteration, and demolition of real propery, as well as new construction of facilities at McConnell AFB, Kansas. The contractor shall provide all materials, equipment, tools, supervision and labor necessary to complete the work associated with the specified scope of the task order.

1 Lot

Product Service Code: Z1AA Firm Fixed Price

Option Line Item

Construction, MACC, Option Period 2 - MACC is a multiple award, competitive construction acquisition based on a general statement of work further defined within each individual task order. The contractor shall perform any and all functions as stated in the scope of work for each individual task order issued against this contract. The work may consist of multiple disciplines in general construction categories and may involve design and build services for execution of a broad range of maintenance, repair, alteration, and demolition of real propery, as well as new construction of facilities at McConnell AFB, Kansas. The contractor shall provide all materials, equipment, tools, supervision and labor necessary to complete the work associated with the specified scope of the task order.

1 Lot

Product Service Code: Z1AA Firm Fixed Price

Section C - Description/Specifications/Statement of Work Requirements Multiple Award Construction Contract (MACC) Indefinite Delivery/Indefinite Quantity (ID/IQ) for facilities and infrastructure maintenance for McConnell AFB for 2022 -2028

Section D - Packaging and Marking

Section E - Inspection and Acceptance FAR Clauses Incorporated by Reference

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

0001 Inspection and Acceptance Location Both Destination Instructions: Inspect and accept at location.

DoDAAC: F2Z39C Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2Z39C 22 CES CEN

AF NO MILBILLS PROC CP

3167593871

52973 HUTCHINSON ST BLDG 948

MCCONNELL AFB, KS 67221 3657

UNITED STATES

OfficeCode:

Adrian Arzate Email: adrian.arzate.3@us.af.mil Telephone: 316-759-3877

Option Line Item 1001 Inspection and Acceptance Location Both Destination Instructions: Inspect and accept at location.

DoDAAC: F2Z39C Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2Z39C 22 CES CEN

AF NO MILBILLS PROC CP

3167593871

52973 HUTCHINSON ST BLDG 948

MCCONNELL AFB, KS 67221 3657

UNITED STATES

OfficeCode:

Adrian Arzate Email: adrian.arzate.3@us.af.mil Telephone: 316-759-3877

Option Line Item 2001 Inspection and Acceptance Location Both Destination mailto:adrian.arzate.3@us.af.mil

Instructions: Inspect and accept at location.

DoDAAC: F2Z39C Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2Z39C 22 CES CEN

AF NO MILBILLS PROC CP

3167593871

52973 HUTCHINSON ST BLDG 948

MCCONNELL AFB, KS 67221 3657

UNITED STATES

OfficeCode:

Adrian Arzate Email: adrian.arzate.3@us.af.mil Telephone: 316-759-3877

Section F - Deliveries or Performance

Delivery Schedule Ship To Address

Delivery Period

01 MAR 2022

29 FEB 2024

1 Lot

Place of Performance DoDAAC: F2Z39C Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2Z39C 22 CES CEN

AF NO MILBILLS PROC CP 3167593871

52973 HUTCHINSON ST BLDG 948

MCCONNELL AFB, KS 67221 3657

UNITED STATES

OfficeCode:

Adrian Arzate Email: adrian.arzate.3@us.af.mil Telephone: 316-759-3877

Option Line Item 1001 Delivery Schedule Ship To Address

Delivery Period

01 MAR 2024

28 FEB 2026

1 Lot

Place of Performance DoDAAC: F2Z39C Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2Z39C 22 CES CEN

AF NO MILBILLS PROC CP 3167593871

52973 HUTCHINSON ST BLDG 948

MCCONNELL AFB, KS 67221 3657

UNITED STATES

OfficeCode:

Adrian Arzate Email: adrian.arzate.3@us.af.mil Telephone: 316-759-3877

Option Line Item 2001 Delivery Schedule Ship To Address

Delivery Period

01 MAR 2026

29 FEB 2028

1 Lot

Place of Performance DoDAAC: F2Z39C Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2Z39C 22 CES CEN

AF NO MILBILLS PROC CP 3167593871

52973 HUTCHINSON ST BLDG 948

MCCONNELL AFB, KS 67221 3657

UNITED STATES

OfficeCode:

Adrian Arzate Email: adrian.arzate.3@us.af.mil Telephone: 316-759-3877

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.211-18 Variation in Estimated Quantity. 1984-04 52.247-34 F.o.b. Destination. 1991-11

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.204-7006 Billing Instructions. 2005-10 252.231-7000 Supplemental Cost Principles 1991-12 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.236-7000 Modification Proposals--Price Breakdown. 1991-12

DFARS Clauses Incorporated by Full Text

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

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) 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.

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

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

Construction Invoice

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

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

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

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

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

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

(3) 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 FA4621

Admin DoDAAC FA4621

Inspect By DoDAAC F2Z39C

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC) F2Z39C

Service Acceptor (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(*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.

Voice: 1-888-332-7366

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

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

(End of clause)

Section H - Special Contract Requirements

H.1.0. MINIMUM/MAXIMUM CONTRACT AMOUNT

The contract minimum guarantee is met by award of a MACC Post Award Conference award for each of the MACC contract awards that did not receive the Seed Project. This minimum guarantee is only applicable to the base period of performance. The MACC Post Award Conference award is firm-fixed price with a value of $500.00. The Government makes no representation as to the number of Task Orders or actual amount of work to be ordered in excess of the minimum guarantees specified herein. The maximum aggregate amount of the MACC program, inclusive of all awarded MACC contracts and task orders, including option periods, shall not exceed $75,000,000.

H.2.0 COMMENCEMENT OF WORK

No work under this contract will commence until such time as the Contracting Officer issues a written Task Order and Notice to Proceed under the Task Order.

H.3.0 PROPOSAL PREPARATION COSTS

The costs for preparation of Task Order proposals shall be the responsibility of the contractor and not directly reimbursable. Each Task Order awarded will include at a minimum all labor wages, management, supervision, mobilization, material and equipment costs, and any costs associated with any required design effort. The contractor shall furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, design if applicable, and all other associated costs necessary to fulfill the requirements of the Task Order.

H.4.0 DAVIS BACON WAGE DETERMINATION

Individual task orders will be subject to one or more of the applicable Wage Determinations as the work dictates at the time of contract award (see Section J, Attachments 4 through 7).

Upon exercise of an option period, the most current wage determinations will be incorporated, and contractors will be required to comply with the revised wages on future Task Orders. See FAR Clause 52.222-30, "Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method)".

The Building KS057 dated 30 July 2021 (Attach 4 - Wage Det Building KS57 - 30 Jul 21) shall be utilized for the Seed Project (PRQE 063118, Repair (SUS) HVAC Systems - Bldg 852).

H.5.0 SYSTEM FOR AWARD MANAGEMENT REGISTRATION

Contractors must be registered in the System for Award Management (SAM) database, entering all mandatory information as prescribed in FAR Clause 52.204-7 - System for Award Management. Award cannot be made to a contractor not registered in SAM.

H.6.0. DAIKIN (MCQUAY) HVAC CHILLER REPLACEMENT STANDARDIZATION

The standardization of HVAC Chillers at the installation level is expected to greatly reduce Air Force sustainment and training costs for maintenance personnel. As such, a Class J&A for procurement of name brand HVAC Chillers was approved in Aug 2019 by the Assistant Secretary of the Air Force (Acquisition, Technology & Logistics). All acquisitions of new HVAC Chiller systems purchased through maintenance, repair, and construction projects at McConnell AFB through 30 September 2024 shall be Daikin (Mcquay) name brand procurements.

H.7.0. NON APPROPRIATED FUNDS (NAF) GENERAL PROVISIONS (ATTACHMENT 15)

When using nonappropriated funds (NAF), RFPs and task orders will incorporate NAF General Provisions located in Section J, Attachment 15 (Attach 15- NAF General Provisions 2021).

H.8.0 PERFORMANCE EVALUATIONS

For task orders that exceed the reporting threshold, a CPAR evaluation will be drafted annually and at project completion. For task orders that are lower than the reporting threshold, a CPAR evaluation will be drafted if there is significant positive or negative performance that should be noted. If no task orders meet the reporting threshold individually, but the total of the base contract amount exceeds the reporting threshold due to a combination of task orders, a consolidated CPAR evaluation will be performed at the base contract level at the annual period of performance date. Otherwise, no base contract CPAR evaluations will be created. Current and past performance may be weighed into future task order awards and option considerations.

H.9.0 PRE-PROPOSAL CONFERENCE AND SITE VISIT

A pre-proposal conference and site visit will be held at McConnell AFB promptly at 1:00 p.m. on 17 Nov 2021.

Each contractor is requested to limit their attendees to no more than four (4) persons per proposal. Please submit your list of attendees to Christina Muth at christina.muth.1@us.af.mil and Derek Owen at derk.owen.1@us.af. mil NLT 3:00 p.m. on 9 Nov 21. The following information shall be provided for each individual:

Full Name: last name, first name, and middle initial Date of birth (Day/Month/Year) Drivers' license (DL) or state identification (ID) number State of issue of DL or ID Social Security Number Email address

All attendees names must be submitted to ensure adequate seating for the conference. Names provided must match the name listed on the identification. A Criminal History Background Check will be conducted by Pass & Registration Officials. Each individual will receive notification of their pass approval status, along with additional information, such as maps, directions, location details and access restriction information. It is vital that all attendees information is provided as any updates/changes to the meeting due to health protection measures will be made via email to those that have provided their information. Although the preference is for an in person conference and site visit, if health protection measures preclude it, electronic means will be utilized to provide the necessary information to all registered attendees.

Offerors are requested to submit questions to the points of contact noted above not later than 11 Nov 21 at 2:00 p.m. Information provided at this conference shall not change the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

Any questions asked during the conference and site visit shall be submitted in writing to the points of contact noted above NLT 19 Nov at 2:00 p.m.

A record of the conference shall be made and furnished to all prospective offerors via an amendment. The record should include official responses to all questions submitted in writing.

mailto:christina.muth.1@us.af.mil mailto:derk.owen.1@us.af

Section I - Contract Clauses FAR Clauses Incorporated by Reference

Number Title Effective Date 52.202-1 Definitions. 2020-06 52.203-3 Gratuities. 1984-04 52.203-5 Covenant Against Contingent Fees. 2014-05 52.203-6 Restrictions on Subcontractor Sales to the Government. 2020-06 52.203-7 Anti-Kickback Procedures. 2020-06 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. 2014-05 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. 2014-05 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2020-06 52.203-13 Contractor Code of Business Ethics and Conduct. 2020-06

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. 2020-06

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. 2017-01 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05 52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2020-06 52.204-13 System for Award Management Maintenance. 2018-10 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts. 2016-10 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 52.204-19 Incorporation by Reference of Representations and Certifications. 2014-12 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. 2016-06

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

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

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors

2018-07

2020-08

2020-06 Debarred, Suspended, or Proposed for Debarment.

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. 2018-10 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.210-1 Market Research. 2020-06 52.215-2 Audit and Records-Negotiation. 2020-06 52.215-8 Order of Precedence-Uniform Contract Format. 1997-10 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-Modifications. 2020-06 52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications. 2020-06 52.215-19 Notification of Ownership Changes. 1997-10 52 215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost 2020-06or Pricing Data-Modifications.

52.219-6 Notice of Total Small Business Set-Aside. 2020-11 52.219-8 Utilization of Small Business Concerns. 2018-10 52.219-13 Notice of Set-Aside of Orders. 2020-03 52.222-1 Notice to the Government of Labor Disputes. 1997-02 52.222-3 Convict Labor. 2003-06 52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation. 2018-05 52.222-6 Construction Wage Rate Requirements. 2018-08 52.222-7 Withholding of Funds. 2014-05 52.222-8 Payrolls and Basic Records. 2021-07 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 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.222-27 Affirmative Action Compliance Requirements for Construction. 2015-04

52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method). 2018-08

52.222-37 Employment Reports on Veterans. 2020-06 52.222-50 Combating Trafficking in Persons. 2020-10 52.222-54 Employment Eligibility Verification. 2015-10 52.222-55 Minimum Wages Under Executive Order 13658. 2020-11 52.222-62 Paid Sick Leave Under Executive Order 13706. 2017-01

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. 2013-09

52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 52.223-5 Alternate I Pollution Prevention and Right-to-Know Information. - (Alternate I) 2011-05

52.223-6 Drug-Free Workplace. 2001-05 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners. 2016-06

52.223-15 Energy Efficiency in Energy-Consuming Products. 2020-05 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts. 2018-08

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2020-06 52.223-21 Foams. 2016-06 52.225-13 Restrictions on Certain Foreign Purchases. 2021-02 52.227-1 Authorization and Consent. 2020-06 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. 2020-06 52.228-2 Additional Bond Security. 1997-10 52.228-5 Insurance-Work on a Government Installation. 1997-01 52.228-11 Deviation 2020-O0016 Pledges of Assets (DEVIATION 2020-O0016) 2021-02 52.228-12 Prospective Subcontractor Requests for Bonds. 2014-05 52.229-3 Federal, State, and Local Taxes. 2013-02 52.232-17 Interest. 2014-05 52.232-18 Availability of Funds. 1984-04 52.232-23 Assignment of Claims. 2014-05 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1 Disputes. 2014-05 52.233-1 Alternate I Disputes. - (Alternate I) 2014-05 52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.236-2 Differing Site Conditions. 1984-04 52.236-3 Site Investigation and Conditions Affecting the Work. 1984-04 52.236-5 Material and Workmanship. 1984-04 52.236-6 Superintendence by the Contractor. 1984-04 52.236-7 Permits and Responsibilities. 1991-11 52.236-8 Other Contracts. 1984-04 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements. 1984-04

52.236-10 Operations and Storage Areas. 1984-04 52.236-11 Use and Possession Prior to Completion. 1984-04 52.236-12 Cleaning Up. 1984-04 52.236-13 Accident Prevention. 1991-11 52.236-13 Alternate I Accident Prevention. - (Alternate I) 1991-11 52.236-14 Availability and Use of Utility Services. 1984-04 52.236-15 Schedules for Construction Contracts. 1984-04 52.236-17 Layout of Work. 1984-04 52.236-21 Specifications and Drawings for Construction. 1997-02 52.236-21 Alternate I Specifications and Drawings for Construction. - (Alternate I) 1997-02 52.242-13 Bankruptcy. 1995-07 52.242-14 Suspension of Work. 1984-04 52.243-4 Changes. 2007-06 52.244-6 Subcontracts for Commercial Items. 2021-07 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 52.249-2 Alternate I Termination for Convenience of the Government (Fixed-Price). - (Alternate I) 2012-04 52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or

Removal of Improvements). 2012-04

52.249-10 Default (Fixed-Price Construction). 1984-04 52.249-10 Alternate I Default (Fixed-Price Construction). (Alternate I) 1984-04 52.253-1 Computer Generated Forms. 1991-01

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. 2011-09 252 203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related 2008-12

Felonies.

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.203-7003 Agency Office of the Inspector General. 2019-08 252.203-7004 Display of Hotline Posters. 2019-08

252.204-7003 Control of Government Personnel Work Product. 1992-04

252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 252.204-7012 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

252.205-7000 Provision of Information to Cooperative Agreement Holders. 1991-12 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a

Country that is a State Sponsor of Terrorism. 2019-05

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2010-12 252.223-7004 Drug-Free Work Force. 1988-09 252.223-7006 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. 2017-12 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7048 Export-Controlled Items. 2013-06 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten. 2020-10 252.225-7974 Deviation 2020- O0005

Representation Regarding Business Operations with the Maduro Regime (Deviation 2020-O0005) 2020-02

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native 2019-04 Hawaiian Small Business Concerns.

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

2020-04

252.236-7005 Airfield Safety Precautions. 1991-12

252.227-7022 Government Rights (Unlimited). 1979-03 252.227-7033 Rights in Shop Drawings. 1966-04 252.232-7010 Levies on Contract Payments. 2006-12

252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 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

52.204-2 Alternate II Security Requirements. (Alternate II) 2021-03

As prescribed in 4.404(a), insert the following clause:

SECURITY REQUIREMENTS (MAR 2021)

(a) This clause applies to the extent that this contract involves access to information classified "Confidential," "Secret," or "Top Secret."

(b) The Contractor shall comply with-

(1) The Security Agreement DD Form441), including the National Industrial Security Program Operating Manual (32 CFR part 117); and

(2) Any revisions to that manual, notice of which has been furnished to the Contractor.

(c) If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

(d) The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

(End of clause)

Alternate II (Apr1984). If employee identification is required for security or other reasons in a construction contract or architect-engineer contract, add the following paragraph (e) to the basic clause:

(e) The Contractor shall be responsible for furnishing to each employee and for requiring each employee engaged on the work to display such identification as may be approved and directed by the Contracting Officer. All prescribed identification shall immediately be delivered to the Contracting Officer, for cancellation upon the release of any employee. When required by the Contracting Officer, the Contractor shall obtain and submit fingerprints of all persons employed or to be employed on the project.

(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[Contracting Officer insert number] 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 what is specified in the individual task order..* The time stated for completion shall include final cleanup of the premises.

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

52.211-12 Liquidated Damages-Construction. 2000-09

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

LIQUIDATED DAMAGES-CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of which equals the combined average hourly rates of the Contracting Officer, Contract Administrator, Contract Managers, Contract Inspectors, and the Staff Judge Advocate responsible for reviewing the action; this average will be chargeable for the first day of delay only, subsequent days will be charged at a rate excluding the Staff Judge Advocate position. In the event the delay will result in substantial charges to the Government, (e.g. lodging, flying operations, etc.,) the additional damage limitations will be calculated and added into the appropriate Delivery/Task Order. Each Delivery/Task Order will have independent liquidated damages assigned depending on applicability, location and magnitude of work [Contracting Officer insert amount] for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed.

These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.215-21 Alternate IV Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications. (Alternate IV) 2020-06

As prescribed in 15.408(m), insert the following clause:

REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA-

MODIFICATIONS (JUN 2020)

(a) Exceptions from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data for modifications under this contract, for price adjustments expected to exceed the threshold set forth in Federal Acquisition Regulation (FAR) 15.403-4(a)(1) on the date of the agreement on price or the date of the award, whichever is later, the Contractor may submit a written request for exception by submitting the information described in paragraphs (a)(1)(i) and (ii) of this clause. If the threshold for submission of certified cost or pricing data specified in FAR 15.403-4(a)(1) is adjusted for inflation as set forth in FAR 1.109(a), then pursuant to FAR 1.109(d) the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable-

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Information on modifications of contracts or subcontracts for commercial items. (A) If-

(1) The original contract or subcontract was granted an exception from certified cost or pricing data requirements because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial item; and

(2) The modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the Contractor may provide information to establish that the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial item to a contract or subcontract for the acquisition of an item other than a commercial item.

(B) For a commercial item exception, the Contractor shall provide, at a minimum, information on prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of the modification. Such information may include-

(1) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities.

(2) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market.

(3) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Contractor's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the Contractor is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The Contractor shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

(2) As soon as practicable after agreement on price, but before award (except for unpriced actions), the Contractor shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of clause)

Alternate IV (Oct2010). As prescribed in 15.408(m), replace the text of the basic clause with the following:

(a) Submission of certified cost or pricing data is not required.

(b) Provide data described below: [Insert description of the data and the format that are required, including the access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.403-3 .]

52.216-18 Ordering. 2020-08

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

ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Contract Award through the end of the contract period[insert dates].

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

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

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

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

(3) If sent electronically, the Government either-

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

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

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

(End of clause)

52.216-19 Order Limitations. 1995-10

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

ORDER LIMITATIONS (OCT 1995)

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

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

(1) Any order for a single item in excess of $10,000,000.00[insert dollar figure or quantity];

(2) Any order for a combination of items in excess of $75,000,000.00[insert dollar figure or quantity]; or

(3) A series of orders from the same ordering office within 120 days that together call for quantities exceeding the limitation in paragraph (b)

(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. 1995-10

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 completion date of the last task order.[insert date].

(End of clause)

52.216-32 Task-Order and Delivery-Order Ombudsman. 2019-09

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

TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEPT 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract.