Solicitation - FA462520R0003.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

FA462520R0003

Section A - Solicitation/Contract Form

Section B - Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

This CLIN represents the initial ordering period of five (5) years. The Contractor shall furnish all labor, material, equipment, management, supervision, and incidentals required in accordance with Attachment 1 - MATOC Statement of Work, each task order specifications, and/or drawings as well as any other documents outlining the needs of the Government. Period of performance will be five (5) years from date of award. A one (1) year warranty of construction applies.

Product Service Code: Z2JZ Firm Fixed Price

1.0 Each

Option Line Item

This CLIN represents the first optional two

(2) year ordering period. The Contractor shall furnish all labor, material, equipment, management, supervision, and incidentals required in accordance with Attachment 1 - MATOC Statement of Work, each task order specifications, and/or drawings as well as any other documents outlining the needs of the Government. Period of performance will be two (2) years from issuance of the option. A one (1) year warranty of construction applies.

Product Service Code: Z2JZ Firm Fixed Price

1.0 Each

Option Line Item

This CLIN represents the second optional two (2) year ordering period. The Contractor shall furnish all labor, material, equipment, management, supervision, and incidentals required in accordance with Attachment 1 - MATOC Statement of Work, each task order specifications, and /or drawings as well as any other documents outlining the needs of the Government. Period of performance will be two (2) years from issuance of the option.

A one (1) year warranty of construction applies.

Product Service Code: Z2JZ Firm Fixed Price

1.0 Each

Section C - Description/Specifications/Statement of Work

See Attachment 1 - Statement of Work (SOW) See Attachment 2 - Representative project Statement of Objectives (SOO) See Attachment 3 - Climatology Report

Requirements Whiteman AFB MATOC. 5-year Base ordering period + two 2-year option periods

Section D - Packaging and Marking

Section not used.

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-12 Inspection of Construction. 1996-08 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements. 1996-08

0001 Inspection and Acceptance Location Both Destination Instructions: 252.232-7006 Wide Area WorkFlow Payment Instructions.

DoDAAC: FA4625 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA4625 509 CONS CC

CP 660 687 5423

660 TENTH STREET STE 222 BLDG 709

WHITEMAN AFB, MO 65305 5344

United States

OfficeCode:

James McCoy Telephone: 660-687-5435 Email: james.mccoy.17@us.af.mil

Option Line Item 1001 Inspection and Acceptance Location Both Destination Instructions: 252.232-7006 Wide Area WorkFlow Payment Instructions.

DoDAAC: FA4625 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA4625 509 CONS CC

CP 660 687 5423

660 TENTH STREET STE 222 BLDG 709

WHITEMAN AFB, MO 65305 5344

United States

OfficeCode:

James McCoy Telephone: 660-687-5435 Email: james.mccoy.17@us.af.mil

Option Line Item 2001 Inspection and Acceptance Location Both Destination Instructions: 252.232-7006 Wide Area WorkFlow Payment Instructions.

DoDAAC: FA4625 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA4625 509 CONS CC

CP 660 687 5423

660 TENTH STREET STE 222 BLDG 709

WHITEMAN AFB, MO 65305 5344

United States

OfficeCode:

James McCoy Telephone: 660-687-5435 Email: james.mccoy.17@us.af.mil

Section F - Deliveries or Performance

Delivery Schedule Ship To Address

Place of Performance DoDAAC: FA4625 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA4625 509 CONS CC

CP 660 687 5423

660 TENTH STREET STE 222 BLDG 709

WHITEMAN AFB, MO 65305 5344

United States

OfficeCode:

James McCoy Telephone: 660-687-5435 Email: james.mccoy.17@us.af.mil

Period of Performance From

10 JUL 2020

To

09 JUL 2025

Option Line Item 1001 Delivery Schedule Ship To Address

Place of Performance DoDAAC: FA4625 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA4625 509 CONS CC

CP 660 687 5423

660 TENTH STREET STE 222 BLDG 709

WHITEMAN AFB, MO 65305 5344

United States

OfficeCode:

James McCoy Telephone: 660-687-5435 Email: james.mccoy.17@us.af.mil

Period of Performance From

10 JUL 2025

To

09 JUL 2027

Option Line Item 2001 Delivery Schedule Ship To Address

Place of Performance DoDAAC: FA4625 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA4625 509 CONS CC

CP 660 687 5423

660 TENTH STREET STE 222 BLDG 709

WHITEMAN AFB, MO 65305 5344

United States

OfficeCode:

James McCoy Telephone: 660-687-5435 Email: james.mccoy.17@us.af.mil

Period of Performance From

10 JUL 2027

To

09 JUL 2029

Section G - Contract Administration Data

FAR Clauses Incorporated by Full Text

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. The 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.

[Contracting Officer to insert name, address, telephone number, and email address for the Agency Ombudsman or provide the URL address where this information may be found.]

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

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. 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)

DFARS Clauses Incorporated by Reference

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

FAR Clauses Incorporated by Full Text

52.236-22 Design Within Funding Limitations. 1984-04

As prescribed in 36.609-1(c), insert the following clause:

Design Within Funding Limitations (Apr 1984)

(a) The Contractor shall accomplish the design services required under this contract so as to permit the award of a contract, using standard Federal Acquisition Regulation procedures for the construction of the facilities designed at a price that does not exceed the estimated construction contract price as set forth in paragraph (c) of this clause. When bids or proposals for the construction contract are received that exceed the estimated price, the contractor shall perform such redesign and other services as are necessary to permit contract award within the funding limitation. These additional services shall be performed at no increase in the price of this contract. However, the Contractor shall not be required to perform such additional services at no cost to the Government if the unfavorable bids or proposals are the result of conditions beyond its reasonable control.

(b) The Contractor will promptly advise the Contracting Officer if it finds that the project being designed will exceed or is likely to exceed the funding limitations and it is unable to design a usable facility within these limitations. Upon receipt of such information, the Contracting Officer will review the Contractor's revised estimate of construction cost. The Government may, if it determines that the estimated construction contract price set forth in this contract is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth in paragraph (c) of this clause, or the Government may adjust such estimated construction contract price. When bids or proposals are not solicited or are unreasonably delayed, the Government shall prepare an estimate of constructing the design submitted and such estimate shall be used in lieu of bids or proposals to determine compliance with the funding limitation.

(c) The estimated construction contract price for the project described in this contract is $__To be determined at the task order level__.

(End of clause)

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.

__Invoice as 2-in-1__

(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.

__Invoice as 2-in-1__

(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 || ____ | | Issue By DoDAAC || ____ | | Admin DoDAAC || ____ | | Inspect By DoDAAC || _____ | | Ship To Code || ____ | | Ship From Code || ____ | | Mark For Code || ____ | | Service Approver (DoDAAC) || ____ | | Service Acceptor (DoDAAC) || ____ | | Accept at Other DoDAAC || ____ | | LPO DoDAAC || ____ | | DCAA Auditor DoDAAC || ____ | | Other DoDAAC(s) || ____ |

**DoDAAC information will be provided at the Task Order (TO) Level.

(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 activitys WAWF point of contact.

__See Block 9__

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

(End of clause)

Section H - Special Contract Requirements

General Information:

Award will be made on a Best Value evaluation basis. See section M for detailed evaluation criteria for award.

Please enter your CAGE code, Tax Identification Number (TIN), and DUNS number in Block 14.

There are no minimum or maximum CLIN values.

Reference Block 11: Performance periods will be negotiated on each task order.

Reference Block 12: Performance and Payment Bonds will be required on each individual task order that meets the requirements of 52.228-15.

Each task order will be funded separately.

SPECIAL CONTRACT REQUIREMENTS

H-1 TAXES

The Missouri Department of Revenue agrees that contractors, subcontractors, and material suppliers may claim an exemption from Missouri sales and use tax with respect to tangible personal property and materials purchased or used for the purpose of constructing, repairing, or remodeling facilities for the United States of America, its agencies and instrumentalities ("the United States"). Therefore, the Contracting Officer shall provide a project exemption certificate to the successful contractor awarded this project. The contractor shall further provide exemption to all subcontractors purchasing construction materials for this project.

NOTE: THE PROJECT EXEMPTION CERTIFICATE DOES NOT ALLOW CONTRACTORS TO

PURCHASE MACHINERY, EQUIPMENT, OR TOOLS USED IN FULFILLING THIS CONTRACT, TAX

EXEMPT.

H-2 PREPARATION OF PROGRESS SCHEDULES AND REPORTS

The reports contemplated by the clause 52.236-15 -- Schedules for Construction Contracts, shall be accomplished on and in accordance with instruction pertaining to AF Form 3064, Contract Progress Schedule, and AF Form 3065, Contract Progress Report. The AF Form 3064 shall be provided to the Contracting Officer not later than 15 calendar days after issuance of the Notice to Proceed. (Mandatory when the Period of Performance is 60 days or greater, and the total dollar value of the requirement exceeds the SAT.)

H-3 MATERIAL APPROVAL SUBMITTAL FORM (AF FORM 3000)

All material and articles requiring approval, as contemplated by 52.236-5 -- Materials and Workmanship Clause, shall be submitted by the contractor using AF Form 3000. In addition, the contractor is reminded that the certification on the AF Form 3000 must be signed by an individual within the company who has authority to make the certification.

H-4 UTILITY SERVICES

The Contracting Officer has determined that Government-operated utilities are adequate and will be furnished to the contractor without charge where existing outlets are available. The contractor is responsible for installing temporary service outles, as necessary, and charges will be made in accordance with the clause 52.236-14 -- Availability and Use of Utility Services.

H-5 Damage to Utilities

a. In the event of a contractor caused utility failure/disruption, the contractor will first make the area safe, then immediately contact the Base Civil Engineer Customer Service and Contracting Officer.

b. Repairs to contractor damaged utilites will be performed in a timely manner at no additional cost to the Government.

H-6 TELEGRAPHIC AND TELEFAX OFFERS/AMENDMENTS

Telegraphic and telefax offers are not acceptable. Offerors may email changes to their offers to 509cons.

sollgca@us.af.mil. The change must arrive at the place specified in the solicitation prior to the time set for receipt of offers. Changes received after this time will not be considered.

H-7 ON SITE OFFICE TRAILERS AND STORAGE TRAILERS/FACILITIES

Unless otherwise indicated, on-base storage facilities are not available for contractor owned materials.

Buildings and structures which are part of the contract may be used for storage, providing the space is not required for occupancy, and contractor accepts full responsibility for the material stored therein. The Contracting Officer will designate areas where above-mentioned equipment shall be parked.

H-8 AS-BUILT DRAWINGS

The contractor shall maintain one set of drawings at the work site and record all changes and any hidden or subsurface data discovered during construction. The contractor shall provide a, marked by blueline, copy with all changes which transpired during the contract.

H-9 EAL GUIDANCE

Whiteman AFB is a closed base and requires approval for entry. Contractor employees must be approved on an Entry Authorization Listing (EAL) prior to entry for work. Specific instructions for EAL processing will be provided at the pre-performance conference. At a minimum expect to provide; name, social security number, date of birth and address for all individuals requiring base access. **Please note: Individuals who are foreign nationals (non-US citizens) or convicted felons require additional reviews. Foreign national and convicted felon individuals placed on the EAL risk delays in processing the EAL and potential denial of access. This will be at no additional cost, time or money, to the Government.

H-10 ON/OFF RAMP PROCEDURES

(a) This provision prescribes the process by which the Government will ensure an adequate number of awardees are available at all times to achieve effective competition on all task orders. The Government intends to maintain a pool of small business contractors with a proven record of accomplishment for competing and delivering quality construction projects. The number of MATOC prime contractors is not limited to the number initially awarded. The Government reserves the right to "on-ramp" additional contractors during the life of this IDIQ contract by awarding new IDIQ contracts under this MATOC.

(b) Awardee Participation: Awardees must participate in task order competitions and provide proposals for all Fair Opportunity Purchase Requests (FOPRs) and, if successful, deliver quality projects on time. If for any reason, an awardee cannot provide a proposal for a FOPR, the awardee shall provide written notice to the Government of the reason(s) for non-participation within five business days after receipt of the FOPR. Based on the Offeror's justification and request for exemption, the Contracting Officer may make a determination to exempt the Contractor from participating in the FOPR. The Contractor will be notified in writing of the determination. Participation will be tracked and monitored by Government personnel; failures by MATOC contractors to participate in FOPRs may result in the Government off-ramping or not exercising the option to extend the contract. If contractors are off ramped or the option to extend the term of their contract is not exercised, they will be excluded from further competition.

(c) On-Ramp: Should one or more of the incumbent MATOC contractor's be removed from the initial MATOC award, or should the government exercise the right to on-ramp additional contractors, the government may select an Offeror from the "on-ramp" program as an awardee. The "on-ramp" contractor(s) will be selected based on the initial integrated assessment of their proposal during Phase two of the solicitation. The Offeror selected to be on-ramped will be the most highly rated Offeror in the pool as determined by the integrated assessment. The selected Offeror will be subject to a responsibility determination IAW FAR Part 9.104, a past performance re-validation, and found to be in compliance with the original MATOC solicitation requirements.

If the first selectee does not meet the previously stated requirements, the second rated "on-ramp" Offeror will be assessed and given the opportunity to be placed in the MATOC prime contractor awardee pool. This process will continue until an "on-ramp" Offeror is selected as a prime contractor for the MATOC or until all "on-ramp" Offerors have been evaluated. If found in compliance, the "on-ramp" contractor(s) may be offered a bi-lateral IDIQ contract with the original guaranteed minimum of $500.00, and allowed to compete on future FOPRs. On- Ramp pool contractors are not obligated to accept on ramping and may decline the government's offer for any reason. If the offer is declined the government will proceed with an offer to the next available contractor.

(d) Off-Ramp: At least annually, throughout the lifetime of the MATOC, the Government will evaluate each awardees' participation rate, reason(s) for non-participation, and Contractor Performance Assessment Reporting System (CPARS) performance evaluations for task orders completed or in progress.

An awardee with a Satisfactory performance record, is compliant with Section (b) Awardee Participation, and remains responsible IAW the criteria outlined in FAR 9.104 will remain in the competition pool. Failure to participate in good faith and/or a task order performance assessment rating of Marginal or Unsatisfactory under the CPARS rating system may result in the awardee being off-ramped from the multiple award contract. An off-ramp decision results in contractor removal from the MATOC competition pool and the Contractor will no longer be allowed to participate in FOPRs under the MATOC.

END OF ON/OFF RAMP PROCEDURES

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.203-5 Covenant Against Contingent Fees. 2014-05 52.203-13 Contractor Code of Business Ethics and Conduct. 2015-10 52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 52.204-18 Commercial and Government Entity Code Maintenance. 2016-06 52.209-9 Updates of Publicly Available Information Regarding 2018-10 Responsibility Matters.

52.215-21 Alternate IV Requirements for Certified Cost or Pricing Data 2010-10 and Data Other Than Certified Cost or Pricing Data-Modifications. - (Alternate IV) 52.223-3 Hazardous Material Identification and Material Safety Data. 1997-01 52.223-6 Drug-Free Workplace. 2001-05

FAR Clauses Incorporated by Full Text

52.204-19 Incorporation by Reference of Representations and Certifications. 2014-12 As prescribed in 4.1202(b), insert the following clause.

Incorporation by Reference of Representations and Certifications (Dec 2014)

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

(End of clause)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 2019-08

As prescribed in 4.2105(b), insert the following clause:

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

(a) Definitions. As used in this clause- "Covered foreign country" means The People's Republic of China.

"Covered telecommunications equipment or services" means-

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of

Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

"Critical technology" means-

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing-

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https:// dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

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

As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.

Commencement, Prosecution, and Completion of Work (Apr 1984) The Contractor shall be required to (a)commence work under this contract within __10__ calendar days after the date the Contractor receives the notice to proceed, (b)prosecute the work diligently, and (c)complete the entire work ready for use not later than __(time to be determined per 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)

52.216-18 Ordering. 1995-10 As prescribed in 16.506(a), insert the following clause:

Ordering (Oct 1995)

(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 __________ through ____________ [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)If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.202-1 Definitions. 2013-11 52.203-3 Gratuities. 1984-04 52.203-6 Restrictions on Subcontractor Sales to the Government. 2006-09 52.203-7 Anti-Kickback Procedures. 2014-05 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. 2014-05 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. 2014-05 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10

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

2014-04

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 52.204-7 System for Award Management. 2018-10 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 52.204-13 System for Award Management Maintenance. 2018-10 52.204-16 Commercial and Government Entity Code Reporting. 2016-07

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

2018-07

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.211-13 Time Extensions. 2000-09 52.215-2 Audit and Records-Negotiation. 2010-10 52.215-8 Order of Precedence-Uniform Contract Format. 1997-10 52.219-6 Deviation 2019-O0003 Notice of Total Small Business Set-Aside (DEVIATION 2019-O0003) 2011-11 52.219-8 Utilization of Small Business Concerns. 2018-10 52.219-13 Notice of Set-Aside of Orders. 2011-11 52.219-14 Deviation 2019-O0003 Limitations on Subcontracting (DEVIATION 2019-O0003) 2017-01 52.222-3 Convict Labor. 2003-06 52.222-6 Construction Wage Rate Requirements. 2018-08 52.222-7 Withholding of Funds. 2014-05 52.222-8 Payrolls and Basic Records. 2018-08 52.222-9 Apprentices and Trainees. 2005-07 52.222-10 Compliance with Copeland Act Requirements. 1988-02 52.222-11 Subcontracts (Labor Standards). 2014-05 52.222-12 Contract Termination-Debarment. 2014-05 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. 2014-05 52.222-14 Disputes Concerning Labor Standards. 1988-02

52.222-15 Certification of Eligibility. 2014-05 52.222-21 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. 2016-02 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. 2010-12 52.222-50 Combating Trafficking in Persons. 2019-01 52.222-54 Employment Eligibility Verification. 2015-10 52.222-55 Minimum Wages Under Executive Order 13658. 2015-12 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

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons.

2016-06

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. 2007-12 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.223-19 Compliance with Environmental Management Systems. 2011-05 52.223-20 Aerosols. 2016-06 52.223-21 Foams. 2016-06 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.227-1 Authorization and Consent. 2007-12 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. 2007-12 52.228-2 Additional Bond Security. 1997-10 52.228-5 Insurance-Work on a Government Installation. 1997-01 52.228-11 Pledges of Assets. 2018-08 52.228-12 Prospective Subcontractor Requests for Bonds. 2014-05 52.228-14 Irrevocable Letter of Credit. 2014-11 52.228-15 Performance and Payment Bonds-Construction. 2010-10 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 52.232-27 Prompt Payment for Construction Contracts. 2017-01 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1 Disputes. 2014-05 52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.236-2 Differing Site Conditions. 1984-04 52.236-3 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 52.236-14 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 52.236-23 Responsibility of the Architect-Engineer Contractor. 1984-04 52.236-24 Work Oversight in Architect-Engineer Contracts. 1984-04 52.236-25 Requirements for Registration of Designers. 2003-06 52.236-26 Preconstruction Conference. 1995-02 52.242-13 Bankruptcy. 1995-07 52.242-14 Suspension of Work. 1984-04 52.243-1 Alternate III Changes-Fixed-Price. - (Alternate III) 1987-08 52.243-4 Changes. 2007-06

52.244-4 Subcontractors and Outside Associates and Consultants (Architect-Engineer Services).

1998-08

52.244-6 Subcontracts for Commercial Items. 2019-08 52.246-21 Warranty of Construction. 1994-03 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 52.249-10 Default (Fixed-Price Construction). 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 Felonies.

2008-12

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09

252.203-7003 Agency Office of the Inspector General. As prescribed in 203.1004(a), use the following clause:

2019-08

252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2016-10 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.205-7000 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. 2017-12 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 252.225-7048 Export-Controlled Items. 2013-06 252.227-7022 Government Rights (Unlimited). 1979-03 252.227-7023 Drawings and Other Data to Become Property of Government. 1979-03 252.227-7033 Rights in Shop Drawings. 1966-04 252.232-7010 Levies on Contract Payments. 2006-12 252.232-7011 Payments in Support of Emergencies and Contingency Operations. 2013-05 252.236-7005 Airfield Safety Precautions. 1991-12

252.236-7013 Requirement for Competition Opportunity for American Steel Producers, Fabricators, and Manufacturers.

2013-06

252.242-7006 Accounting System Administration. 2012-02 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. 2010-10 252.246-7008 Sources of Electronic Parts. 2018-05

AFFARS Clauses Incorporated by Reference

Number Title Effective Date 5352.223-9001 Health and Safety on Government Installations 11/1/2012

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. 1989-12

As prescribed in 4.103 , insert the following clause:

Approval of Contract (Dec 1989) This contract is subject to the written approval of __the Contracting Officer__ and shall not be binding until so approved.

(End of clause)

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

2019-08

As prescribed in 4.2105(b), insert the following clause:

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

(a) Definitions. As used in this clause- "Covered foreign country" means The People's Republic of China.

"Covered telecommunications equipment or services" means-

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

"Critical technology" means-

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing-

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the…