Solicitation - FA466123Q0009.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

Created On: 13 Jun 2023, 08:39 AM Central Standard Time

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

Section A - Solicitation/Contract Form

Roof Insulation Bldg 9001

Proposal Identifier: FA466123Q0009 Date: 13 Jun 2023

FA466123Q0009

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

ROOF INSULATION. INSTALL CLOSED CELL INSULATION BETWEEN THE

ROOF FRAMING MEMBERS OF BLDG. 9001 TO PROTECT FIRE

SUPPRESSION SYSTEM.

Pricing Arrangement: Firm Fixed Price

1 Lot

Section C - Description/Specifications/Statement of Work

Requirements Project Title: Bldg 9001 Roof Insulation

The contractor shall provide all labor, equipment, tools, material, supervision, and any other items necessary to properly install polyurethane spray foam insulation in the roof of Building 9001. The existing sloped roof is built on top of a flat roof, therefore there are framing members in a grid approximately 2 ft apart.

This requirement is a Service-Disabled Veteran-Owned Small Business set-aside. All interested vendors must be registered as a Service-Disabled Veteran-Owned Small Business under NAICS 238160.

Site Visit: A site visit will be held 23 June 2023 10:00 a.m. CST. Vendors wanting to attend the site visit must RSVP by 4:00 P.M CST on 22 June 2023. To RSVP please email kasey.hutton.1@us.af.mil mailto:kasey.hutton.

1@us.af.mil and brianna.johndrow.2@us.af.mil mailto:brianna.johndrow.2@us.af.mil. If the Vendor does not have existing base access, an escort will be provided.

QUESTIONS AND ANSWERS: Vendors may submit questions to kasey.hutton.1@us.af.mil mailto:kasey.

hutton.1@us.af.mil and brianna.johndrow.2@us.af.mil mailto:brianna.johndrow.2@us.af.mil . by 4:00 P.M.

CST 24 June 2023.

SUBMISSION REQUIRMENTS: Interested vendors must submit a technical approach and material list in order to determine technical acceptability. Vendors should not simply restate the Statement of Work for their technical approach.

DUE DATE: Interested vendors must submit proposals by 10:00 A.M. CST 30 June 2023 to kasey.hutton.1@us.

af.mil mailto:kasey.hutton.1@us.af.mil and brianna.johndrow.2@us.af.mil mailto:brianna.johndrow.2@us.af.

mil .

In accordance with FAR 36.204(c) Disclosure of magnitude of construction projects: Between $100,000 and $250,000.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

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

Section F - Deliveries or Performance

Overall Contract Delivery Period

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

From date of lead time event to completion of performance 21 Calendar Days Date of Notice to Proceed Receipt

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.211-18 Variation in Estimated Quantity. Apr 1984 52.247-34 F.o.b. Destination. Nov 1991 52.247-35 F.o.b. Destination, Within Consignee's Premises. Apr 1984

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

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

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Jan 2023

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

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

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

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

Protocol.

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

WAWF for this contract or task or delivery order:

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

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(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

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

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

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

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

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

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

when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F87700

Issue By DoDAAC FA4661

Admin DoDAAC FA4661

Inspect By DoDAAC F1R310

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) ____

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

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

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

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Nancy Carroll, 325-696-2107, nancy.carroll@us.af.mil

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

(End of clause)

Section H - Special Contract Requirements

Section I - Contract Clauses

52.236-27 Site Visit (Construction).

Site Visit ( )Construction (Feb 1995)

(a) The clauses at , Differing Site Conditions, and , Site Investigations and Conditions Affecting the Work, will be included in any 52.236-2 52.236-3 contract awarded as a result of this . Accordingly, or quoters are urged and expected to inspect the site where the work will be solicitation offerors performed.

(b) Site visits be arranged during normal duty hours by contacting: may

Name: ____________________________________________

Address: __________________________________________ __________________________________________________

Telephone: ________________________________________

(End of Provision)

IAlternate (Feb 1995). If an organized site visit will be conducted, substitute a paragraph substantially the same as the following for paragraph (b) of the basic provision:

(b) An organized site visit has been scheduled for-

__15 June 2023 at 1300_________________________

(c) Participants will meet at-

674 Alert Ave Bldg 9001, Abilene, TX,79607________________

52.228-13 Alternative Payment Protections.

(a) The Contractor shall submit one of the following payment protections:

_____Payment Bonds___________________________________________________________________________

(b) The amount of the payment protection be 100 percent of the contract price. shall

(c) The submission of the payment protection is required within ___10______ days of contract award.

FA466123Q0009

https://www.acquisition.gov/far/52.236-2#FAR_52_236_2 https://www.acquisition.gov/far/52.236-3#FAR_52_236_3

(d) The payment protection provide protection for the full contract performance period plus a one-year period. shall

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the is authorized to access Contracting Officer funds under the payment protection when it has been alleged by a supplier of labor or material that a nonpayment has occurred, and to in writing withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor utilize only suppliers of labor and material that signed the escrow agreement. shall

(End of clause)

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

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

Nov 2021

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.211-13 Time Extensions. Sep 2000 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.222-3 Convict Labor. Jun 2003 52.222-6 Construction Wage Rate Requirements. Aug 2018 52.222-7 Withholding of Funds. May 2014 52.222-8 Payrolls and Basic Records. Jul 2021 52.222-9 Apprentices and Trainees. Jul 2005 52.222-10 Compliance with Copeland Act Requirements. Feb 1988 52.222-11 Subcontracts (Labor Standards). May 2014 52.222-12 Contract Termination-Debarment. May 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. May 2014 52.222-14 Disputes Concerning Labor Standards. Feb 1988 52.222-15 Certification of Eligibility. May 2014 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-27 Affirmative Action Compliance Requirements for Construction. Apr 2015 52.222-34 Project Labor Agreement. May 2010 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. Jan 2022 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2022 52.223-6 Drug-Free Workplace. May 2001 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.223-21 Foams. Jun 2016 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.227-4 Patent Indemnity-Construction Contracts. Dec 2007 52.232-17 Interest. May 2014 52.232-23 Assignment of Claims. May 2014 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.236-5 Material and Workmanship. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.236-17 Layout of Work. Apr 1984 52.242-14 Suspension of Work. Apr 1984 52.243-5 Changes and Changed Conditions. Apr 1984 52.244-6 Subcontracts for Commercial Products and Commercial Services. Jun 2023 52.247-5 Familiarization with Conditions. Apr 1984

52.247-15 Contractor Responsibility for Loading and Unloading. Apr 1984 52.247-16 Contractor Responsibility for Returning Undelivered Freight. Apr 1984 52.247-68 Report of Shipment (REPSHIP). Feb 2006 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). Apr 1984 52.253-1 Computer Generated Forms. Jan 1991

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

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

Jan 2023

252.204-7022 Expediting Contract Closeout. May 2021 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.232-7010 Levies on Contract Payments. Dec 2006 252.236-7005 Airfield Safety Precautions. Dec 1991 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. Oct 2010

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. Dec 1989

As prescribed in , insert the following clause:4.103

Approval of Contract (Dec 1989)

This contract is subject to the written approval of and shall not be binding until so approved.Lt Brianna Johndrow

(End of clause)

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

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

Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within calendar days after the date the Contractor receives the notice to 10 proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than .* The time stated for completion shall 21 include final cleanup of the premises.

(End of clause)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. Dec 2010

As prescribed in , insert the following clause:22.1605

NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)

During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as (a) prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR471.2 (d) and (f).

Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is (1) prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by (2) displaying prominently, on any website that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's website that contains the full text of the poster. The link to the Department's website, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."

This required employee notice, printed by the Department of Labor, may be-(b)

Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 (1) Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

Provided by the Federal contracting agency if requested;(2)

Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or(3)

Reproduced and used as exact duplicate copies of the Department of Labor's official poster.(4)

The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, .(c) 29 CFR Part 471

The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.(d)

In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may (e) be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with and subpart 9.4. 29 CFR 471.14 Such other sanctions or remedies may be imposed as are provided by , which implements Executive Order 13496 or as otherwise 29 CFR part 471 provided by law.

Subcontracts. (f) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 (1) and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.(2)

The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of (3) enforcing such provisions, including the imposition of sanctions for noncompliance.

However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such (4) direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(End of clause)

52.225-9 Alternate I Buy American-Construction Materials. (Alternate I) Oct 2022

Alternate I . As prescribed in 25.1102(a)(3) substitute the following sentence for the first sentence in paragraph (1)(ii)(A) of the definition (Oct 2022) of "domestic construction material" in paragraph (a):

(A) The cost of its components mined, produced, or manufactured in the United States exceeds percent of the cost of all its components. ____

52.232-27 Prompt Payment for Construction Contracts. Jan 2017

As prescribed in , insert the following clause:32.908(b)

PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

Notwithstanding any other payment terms in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a)(3) concerning payments due on Saturdays, Sundays, and legal holidays.)

Invoice payments- (a) . For purposes of this clause, there are several types of invoice payments that may occur under (1) Types of invoice payments this contract, as follows:

Progress payments, if provided for elsewhere in this contract, based on Contracting Officer approval of the estimated amount and value of work (i) or services performed, including payments for reaching milestones in any project.

The due date for making such payments is 14 days after the designated billing office receives a proper payment request. If the designated (A) billing office fails to annotate the payment request with the actual date of receipt at the time of receipt, the payment due date is the 14 thday after the date of the Contractor's payment request, provided the designated billing office receives a proper payment request and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

The due date for payment of any amounts retained by the Contracting Officer in accordance with the clause at 52.232-5, Payments Under (B) Fixed-Price Construction Contracts, is as specified in the contract or, if not specified, 30 days after approval by the Contracting Officer for release to the Contractor.

Final payments based on completion and acceptance of all work and presentation of release of all claims against the Government arising by (ii) virtue of the contract, and payments for partial deliveries that have been accepted by the Government ( each separate building, public work, or e.g., other division of the contract for which the price is stated separately in the contract).

The due date for making such payments is the later of the following two events:(A)

The 30 thday after the designated billing office receives a proper invoice from the Contractor.(1)

The 30 thday after Government acceptance of the work or services completed by the Contractor. For a final invoice when the payment amount (2) is subject to contract settlement actions ( release of claims), acceptance is deemed to occur on the effective date of the contract settlement.e.g., If the designated billing office fails to annotate the invoice with the date of actual receipt at the time of receipt, the invoice payment due date is (B) the 30 thday after the date of the Contractor's invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper (2) Contractor's invoice invoice must include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of this clause. If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt, with the reasons why it is not a proper invoice. When computing any interest penalty owed the Contractor, the Government will take into account if the Government notifies the Contractor of an improper invoice in an untimely manner.

Name and address of the Contractor.(i)

Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of mailing or transmission.)(ii)

Contract number or other authorization for work or services performed (including order number and line item number).(iii)

Description of work or services performed.(iv)

Delivery and payment terms ( discount for prompt payment terms).(v) e.g., Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of (vi) assignment).

Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.(vii)

For payments described in paragraph (a)(1)(i) of this clause, substantiation of the amounts requested and certification in accordance with the (viii) requirements of the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts.

Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.(ix)

Electronic funds transfer (EFT) banking information.(x)

The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.(A)

If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have (B) submitted correct EFT banking information in accordance with the applicable solicitation provision ( 52.232-38, Submission of Electronic Funds e.g., Transfer Information with Offer), contract clause ( 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-e.g., 34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

EFT banking information is not required if the Government waived the requirement to pay by EFT.(C)

Any other information or documentation required by the contract.(xi)

. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if payment is (3) Interest penalty not made by the due date and the conditions listed in paragraphs (a)(3)(i) through (a)(3)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty.

The designated billing office received a proper invoice.(i)

The Government processed a receiving report or other Government documentation authorizing payment and there was no disagreement over (ii) quantity, quality, Contractor compliance with any contract term or condition, or requested progress payment amount.

In the case of a final invoice for any balance of funds due the Contractor for work or services performed, the amount was not subject to further (iii) contract settlement actions between the Government and the Contractor.

. The Government will compute the interest penalty in accordance with the Office of Management and Budget (4) Computing penalty amount prompt payment regulations at .5 CFR Part 1315

For the sole purpose of computing an interest penalty that might be due the Contractor for payments described in paragraph (a)(1)(ii) of this (i) clause, Government acceptance or approval is deemed to occur constructively on the 7 thday after the Contractor has completed the work or services in accordance with the terms and conditions of the contract. If actual acceptance or approval occurs within the constructive acceptance or approval period, the Government will base the determination of an interest penalty on the actual date of acceptance or approval. Constructive acceptance or constructive approval requirements do not apply if there is a disagreement over quantity, quality, or Contractor compliance with a contract provision.

These requirements also do not compel Government officials to accept work or services, approve Contractor estimates, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

The prompt payment regulations at 5 CFR1315.10(c) do not require the Government to pay interest penalties if payment delays are due to (ii) disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes, and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes.

. The designated payment office will pay an interest penalty automatically, without request from the Contractor, (5) Discounts for prompt payment if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at .5 CFR Part 1315

Additional interest penalty. (6) The designated payment office will pay a penalty amount, calculated in accordance with the prompt payment (i) regulations at in addition to the interest penalty amount only if-5 CFR Part 1315

The Government owes an interest penalty of $1 or more;(A)

The designated payment office does not pay the interest penalty within 10 days after the date the invoice amount is paid; and(B)

The Contractor makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph (a)(6)(C)

(ii) of this clause, postmarked not later than 40 days after the date the invoice amount is paid.

(ii) The Contractor shall support written demands for additional penalty payments with the following data. The Government will not request any (A) additional data. The Contractor shall-

Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty (1) and such additional penalty as may be required;

Attach a copy of the invoice on which the unpaid late payment interest was due; and(2)

State that payment of the principal has been received, including the date of receipt.(3)

If there is no postmark or the postmark is illegible-(B)

The designated payment office that receives the demand will annotate it with the date of receipt provided the demand is received on or before (1) the 40 thday after payment was made; or

If the designated payment office fails to make the required annotation, the Government will determine the demand's validity based on the date (2) the Contractor has placed on the demand, provided such date is no later than the 40 thday after payment was made.

. If this contract provides for contract financing, the Government will make contract financing payments in (b) Contract financing payments accordance with the applicable contract financing clause.

. The Contractor shall include in each subcontract for property or services (including a material supplier) for (c) Subcontract clause requirements the purpose of performing this contract the following:

. A payment clause that obligates the Contractor to pay the subcontractor for satisfactory performance under (1) Prompt payment for subcontractors its subcontract not later than 7 days from receipt of payment out of such amounts as are paid to the Contractor under this contract.

. An interest penalty clause that obligates the Contractor to pay to the subcontractor an interest penalty for each (2) Interest for subcontractors payment not made in accordance with the payment clause-

For the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made; and(i)

Computed at the rate of interest established by the Secretary of the Treasury, and published in the , for interest payments under (ii) Federal Register 41 U.S.C. 7109 in effect at the time the Contractor accrues the obligation to pay an interest penalty.

. A clause requiring each subcontractor to-(3) Subcontractor clause flowdown

Include a payment clause and an interest penalty clause conforming to the standards set forth in paragraphs (c)(1) and (c)(2) of this clause in (i) each of its subcontracts; and

Require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier.(ii)

. The clauses required by paragraph (c) of this clause shall not be construed to impair the right of the (d) Subcontract clause interpretation Contractor or a subcontractor at any tier to negotiate, and to include in their subcontract, provisions that-

. Permit the Contractor or a subcontractor to retain (without cause) a specified percentage of each progress payment (1) Retainage permitted otherwise due to a subcontractor for satisfactory performance under the subcontract without incurring any obligation to pay a late payment interest penalty, in accordance with terms and conditions agreed to by the parties to the subcontract, giving such recognition as the parties deem appropriate to the ability of a subcontractor to furnish a performance bond and a payment bond;

. Permit the Contractor or subcontractor to make a determination that part or all of the subcontractor's request for (2) Withholding permitted payment may be withheld in accordance with the subcontract agreement; and

. Permit such withholding without incurring any obligation to pay a late payment penalty if-(3) Withholding requirements

A notice conforming to the standards of paragraph (g) of this clause previously has been furnished to the subcontractor; and(i)

The Contractor furnishes to the Contracting Officer a copy of any notice issued by a Contractor pursuant to paragraph (d)(3)(i) of this clause.(ii)

. If a Contractor, after making a request for payment to the Government but before making a payment to (e) Subcontractor withholding procedures a subcontractor for the subcontractor's performance covered by the payment request, discovers that all or a portion of the payment otherwise due such subcontractor is subject to withholding from the subcontractor in accordance with the subcontract agreement, then the Contractor shall-

. Furnish to the subcontractor a notice conforming to the standards of paragraph (g) of this clause as soon as practicable (1) Subcontractor notice upon ascertaining the cause giving rise to a withholding, but prior to the due date for subcontractor payment;

. Furnish to the Contracting Officer, as soon as practicable, a copy of the notice furnished to the subcontractor (2) Contracting Officer notice pursuant to paragraph (e)(1) of this clause;

. Reduce the subcontractor's progress payment by an amount not to exceed the amount specified in (3) Subcontractor progress payment reduction the notice of withholding furnished under paragraph (e)(1) of this clause;

. Pay the subcontractor as soon as practicable after the correction of the identified subcontract performance (4) Subsequent subcontractor payment deficiency, and-

Make such payment within-(i)

Sevendays after correction of the identified subcontract performance deficiency (unless the funds therefor must be recovered from the (A) Government because of a reduction under paragraph (e)(5)(i)) of this clause; or

Sevendays after the Contractor recovers such funds from the Government; or(B)

Incur an obligation to pay a late payment interest penalty computed at the rate of interest established by the Secretary of the Treasury, and (ii) published in the , for interest payments under 41 U.S.C. 7109 in effect at the time the Contractor accrues the obligation to pay an Federal Register interest penalty;

. Notify the Contracting Officer upon-(5) Notice to Contracting Officer

Reduction of the amount of any subsequent certified application for payment; or(i)

Payment to the subcontractor of any withheld amounts of a progress payment, specifying-(ii)

The amounts withheld under paragraph (e)(1) of this clause; and(A)

The dates that such withholding began and ended; and(B)

. Be obligated to pay to the Government an amount equal to interest on the withheld payments (computed in the manner (6) Interest to Government provided in 31 U.S.C.3903(c)(1)), from the 8 thday after receipt of the withheld amounts from the Government until-

The day the identified subcontractor performance deficiency is corrected; or(i)

The date that any subsequent payment is reduced under paragraph (e)(5)(i) of this clause.(ii)

Third-party deficiency reports- (f) . If a Contractor, after making payment to a first-tier subcontractor, receives (1) Withholding from subcontractor from a supplier or subcontractor of the first-tier subcontractor (hereafter referred to as a "second-tier subcontractor") a written notice in accordance with 40 U.S.C. 3133, asserting a deficiency in such first-tier subcontractor's performance under the contract for which the Contractor may be ultimately liable, and the Contractor determines that all or a portion of future payments otherwise due such first-tier subcontractor is subject to withholding in accordance with the subcontract agreement, the Contractor may, without incurring an obligation to pay an interest penalty under paragraph (e)(6) of this clause-

Furnish to the first-tier subcontractor a notice conforming to the standards of paragraph (g) of this clause as soon as practicable upon making (i) such determination; and

Withhold from the first-tier subcontractor's next available progress payment or payments an amount not to exceed the amount specified in the (ii) notice of withholding furnished under paragraph (f)(1)(i) of this clause.

. As soon as practicable, but not later than 7 days after receipt of satisfactory written notification that the (2) Subsequent payment or interest charge identified subcontract performance deficiency has been corrected, the Contractor shall-

Pay the amount withheld under paragraph (f)(1)(ii) of this clause to such first-tier subcontractor; or(i)

Incur an obligation to pay a late payment interest penalty to such first-tier subcontractor computed at the rate of interest established by the (ii) Secretary of the Treasury, and published in the , for interest payments under 41 U.S.C. 7109 in effect at the time the Contractor Federal Register accrues the obligation to pay an interest penalty.

. The Contractor shall issue a written notice of any withholding to a subcontractor (with a copy (g) Written notice of subcontractor withholding furnished to the Contracting Officer), specifying-

The amount to be withheld;(1)

The specific causes for the withholding under the terms of the subcontract; and(2)

The remedial actions to be taken by the subcontractor in order to receive payment of the amounts withheld.(3)

. The Contractor may not request payment from the Government of any amount withheld or retained in (h) Subcontractor payment entitlement accordance with paragraph (d) of this clause until such time as the Contractor has determined and certified to the Contracting Officer that the subcontractor is entitled to the payment of such amount.

. A dispute between the Contractor and subcontractor relating to the amount or entitlement of a subcontractor to a (i) Prime-subcontractor disputes payment or a late payment interest penalty under a clause included in the subcontract pursuant to paragraph (c) of this clause does not constitute a dispute to which the Government is a party. The Government may not be interpleaded in any judicial or administrative proceeding involving such a dispute.

. Except as provided in paragraph (i) of this clause, this clause shall not limit or impair any (j) Preservation of prime-subcontractor rights contractual, administrative, or judicial remedies otherwise available to the Contractor or a subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or nonperformance by a subcontractor.

. The Contractor's obligation to pay an interest penalty to a subcontractor pursuant to the (k) Non-recourse for prime contractor interest penalty clauses included in a subcontract under paragraph (c) of this clause shall not be construed to be an obligation of the Government for such interest penalty. A cost-reimbursement claim may not include any amount for reimbursement of such interest penalty.

. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise (l) Overpayments overpaid on a contract financing or invoice payment, the Contractor shall-

Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-(1)

Circumstances of the overpayment ( , duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);(i) e.g.

Affected contract number and delivery order number if applicable;(ii)

Affected line item or subline item, if applicable; and(iii)

Contractor point of contact.(iv)

Provide a copy of the remittance and supporting documentation to the Contracting Officer.(2)

(End of clause)

52.236-26 Preconstruction Conference. Feb 1995

As prescribed in , insert the following clause:36.522

PRECONSTRUCTION CONFERENCE (FEB 1995)

If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

(End of clause)

52.246-21 Warranty of Construction. Mar 1994

As prescribed in , the contracting officer may insert a clause substantially as follows in solicitations and contracts when a fixed-price 46.710(e)(1) construction contract (see (c)) is contemplated, and the use of a warranty clause has been approved under agency procedures:46.705

WARRANTY OF CONSTRUCTION (MAR 1994)

In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work (a) performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any (b) part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the (c) Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of-

The Contractor's failure to conform to contract requirements; or(1)

Any defect of equipment, material, workmanship, or design furnished.(2)

The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to (d) work repaired or replaced will run for 1 year from the date of repair or replacement.

The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.(e)

If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the (f) right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished (g) under this contract, the Contractor shall-

Obtain all warranties that would be given in normal commercial practice;(1)

Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and(2)

Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.(3)

In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a (h) subcontractor's, manufacturer's, or supplier's warranty.

Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the (i) repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, (j) gross mistakes, or fraud.

(End of clause)

52.247-12 Supervision, Labor, or Materials. Apr 1984

As prescribed in , insert a clause substantially as follows in solicitations and contracts for transportation or for transportation-related 47.207-5(b) services when the contractor is required to furnish supervision, labor, or materials:

SUPERVISION, LABOR, OR MATERIALS (APR 1984)

The Contractor shall furnish adequate supervision, labor, materials, supplies, and equipment necessary to perform all the services contemplated under this contract in an orderly, timely, and efficient manner.

(End of clause)

52.252-2 Clauses Incorporated by Reference. Feb 1998

As prescribed in , insert the following clause:52.107(b)

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

www.acquisition.gov [Insert one or more Internet addresses]____ ____

(End of clause)

52.252-4 Alterations in Contract. Apr 1984

As prescribed in , insert the following clause in solicitations…