Solicitation - FA487724R0012.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

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

9. FOR

INFORMATION CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

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

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

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

is, is not required.

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

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

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

AWARD (To be completed by Government)

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

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

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

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

30b. SIGNATURE 30c. DATE

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

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

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

CODE AT

27. PAYMENT WILL BE MADE BY

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

20b. SIGNATURE 20c. OFFER DATE

Section A - Solicitation/Contract Form

Repair/Replace Swamp Coolers B5045

Product Service Code: Z2PZ Date: 02 Apr 2024

FA487724R0012

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Replace Swamp Coolers Building 5045 IAW Statement of Work dated 24 November 2023

Product Service Code: Z2PZ Pricing Arrangement: Firm Fixed Price

1 Lot

Section C - Description/Specifications/Statement of Work

Requirements Repair/Replace Swamp Coolers B5045

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.246-12 Inspection of Construction. Aug 1996

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F1P35C CountryCode: USA

355 CES CECC

AF BPN NO MILSBILLS PROCESSES, 5285 E MADERA ST

DAVIS MONTHAN AFB, AZ 85707

UNITED STATES

Matthew Ronda Email: matthew.ronda.1@us.af.mil Telephone: 520-228-7566

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 192 Calendar Days Date of Notice to Proceed Receipt

Line Item Delivery Schedule Quantity Address and POC

Delivery Schedule From date of lead time event to completion of performance 192 Calendar Days Date of Notice to Proceed Receipt

1 Lot Place of Performance DoDAAC: F1P35C CountryCode: USA

355 CES CECC

AF BPN NO MILSBILLS PROCESSES, 5285 E

MADERA ST

DAVIS MONTHAN AFB, AZ 85707

UNITED STATES

Matthew Ronda Email: matthew.ronda.1@us.af.mil Telephone: 520-228-7566

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.211-18 Variation in Estimated Quantity. Apr 1984

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

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.

Construction and Facilities Maintenance

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

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

Construction and Facilities Maintenance

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

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

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

(v) For commercial 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 FA4877

Admin DoDAAC FA4877

Inspect By DoDAAC ______

Ship To Code F1P35C

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) F1P35C

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.

Joshua Rodriguez; joshua.rodriguez.30@us.af.mil

(2) The contractor SHALL send additional notifications to:

Contracting Officer: Karl Knott, karl.knott@us.af.mil

Contracting Officer: Joshua Drawdy, joshua.drawdy.2@us.af.mil

Contract Administrator: Joshua Rodriguez, joshua.rodriguez.30@us.af.mil

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

(End of clause)

Section H - Special Contract Requirements

Security Requirements Listing of Employees. The contractor shall maintain a current listing of employees performing services on DMAFB. The list shall include employee's name, social security number, driver's license number and state of issue, date of birth, and country of citizenship. Foremen, supervisors, and superintendents must be identified on the list of employees. The contractor shall submit the list to the Contracting Officer prior to the contract start date and submit an updated list when an employee's status or information changes, within 5 working days of the change. The name of any contractor employee that is terminated during the period of the contract must be reported to the Contracting Officer in writing within one workday of the employee's termination.

Reporting Requirements. Contractor personnel shall immediately report to an appropriate Government authority any information or circumstances of which they are aware may pose a threat to the security of Department of Defense personnel, contractor personnel, resources, and classified or unclassified defense information. Contractor personnel are required to review suspicious activity reporting procedures. Contact the Government sponsoring agency's Unit Antiterrorism Representative (UATR) to request Suspicious Activity Reporting training material. Contact the Base Defense Operation Center (BDOC) to report actual suspicious activity at 520-228-3200.

Pass and Identification Items. The contractor shall ensure that all necessary pass and identification items required for contract performance are obtained for contractor employees and non-Government owned vehicles.

Retrieving Identification Media. The contractor shall retrieve all identification media, including vehicle passes from contractor employees that depart for any reason before the contract expires (e.g. terminated for cause, retirement, etc.) and turn them in to the issuing office. Once contractor employees are no longer employed, the contractor office shall notify the issuing office of the termination immediately.

Traffic Laws. Contractor employees shall comply with all base traffic regulations. Contractor employees are subject to random vehicle speed control checks. Contractor personnel cited for speeding on the installation may suffer loss of base driving privileges, debarment from the base, or other administrative action. The use of seat belts is mandatory for all vehicle occupants.

The use of cell phones is prohibited while driving on base, unless the phone is a hands-free cell phone.

Random Personnel and Vehicle Searches. Contractor personnel are subject to random personnel and vehicle searches. If contractor personnel refuse to be searched, they will be denied entry to the base, and may result in loss of base driving privileges, debarment from the base, or other administrative action.

Weapons, Firearms, and Ammunition. Contractor employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or within their contractor owned vehicle or privately owned vehicle while on Davis-Monthan AFB.

Controlled Unclassified Information (CUI). The contractor shall comply with DoD 5200.48 Freedom of Information Act (FOIA) Program requirements. This regulation sets policy and procedures for the disclosure of records to the public and for marking, handling, transmitting, and safeguarding CUI material.

Physical Security. Contractor employees shall safeguard all Government property and controlled forms provided for contractor use. At the end of each work period, the contractor shall secure all Government facilities, equipment, and materials. The contractor shall establish and implement methods of ensuring all Government lock combinations, are not lost, misplaced, or used by unauthorized persons. The contractor shall prohibit the use of lock combinations, issued by the Government, by any persons other than the contractor's employees. The contractor shall also prohibit and the opening of locked areas by contractor employees to permit entrance of persons other than contractor employees engaged in performance of contract work requirements in those areas.

Contractor Personnel Travel on the Installation. All contractor personnel will limit their travel on the installation only to specific areas required for performance of services, specified break and meal areas, or travel directly to and from these locations.

Key Control. The contractor shall establish and implement methods of making sure all keys/combinations issued to the contractor by the government are not lost or misplaced and are not used by unauthorized persons. The contractor shall not duplicate any keys issued by the Government. The contractor shall immediately report to the Contracting Officer any occurrences of lost or duplicated keys. In the event keys, other than master keys, are lost or duplicated, the contractor may be required, upon written direction of the Contracting Officer ,to re-key or replace the affected lock or locks without cost to the Government. The Government may, however, at its option, replace the affected lock or locks or perform re-keying and deduct the cost of such from the monthly payment due the contractor. In the event a master key is lost or duplicated, the Government shall replace all locks and keys for that system, and the total cost will be deducted from the monthly payment due the contractor.

Individual Access to DM with a Criminal Background. This policy applies to all civilians contractors requesting access to DMAFB. In order to promote security and safety DMAFB, these requestors are subject to criminal background checks, wants /warrants checks, and driving history checks. Individuals whose criminal background meets any of the following criteria shall not be allowed access to DMAFB and may in turn be debarred:

a. The individual is required to register as a sexual offender under Federal law or the applicable State law; or

b. The individual has been convicted of illegal possession or use of drugs/narcotics on more than one occasion within 5 years from the date requested for access to DMAFB; or

c. The individual has been convicted of an offense involving drug traffickingwithin10 years from the date requested for access to DMAFB; or

d. The individual has been convicted of a felony involving violence against a person, arson, robbery, or burglary within 10 years from the date requested for access to DMAFB; or

e. The individual has been convicted of any crime involving indecent acts with a minor or a felony that is sexual in nature within 10 years from the date requested to DMAFB.

Individuals shall be allowed to submit application for a waiver of this policy to the DMAFB Legal Office through Security Forces Reports/Analysis at 355SFS/S5B, 3345First Street, Davis-Monthan AFB, AZ 85707

ILLEGAL IMMIGRANTS AND FOREIGN NATIONALS

Illegal Aliens. In accordance with Air Combat Command (ACC) supplement to AFI31-101,The Air Force Installation Security Program (CUI), illegal aliens are unauthorized on all ACC military installations, including Davis-Monthan AFB. The contractor shall not hire illegal aliens to perform contract services on Davis-Monthan AFB, nor attempt to bring illegal aliens on the installation. Illegal aliens found on Davis-Monthan AFB shall be immediately detained by base security forces and barred from the installation. Corrective/punitive action will be taken against the contractor and the illegal alien if the contractor hires illegal aliens to perform contract services on Davis-Monthan AFB.

Foreign Nationals. AFI 31-133 states that foreign nationals are only to be granted un-escorted access with explicit written authorization from the installation commander, on a case by case basis.

Davis Monthan AFB Marijuana Policy In accordance with 355 Fighter Wing guidance, all persons are prohibited from introducing, using, possessing, distributing, or purchasing marijuana on Davis-Monthan AFB for any reason, even if it has been medically prescribed. Contractors who violate this guidance shall be immediately detained by base security forces, who will then turn those persons over to the local authorities and those individuals found in violation shall be barred from the installation.

Antiterrorism (AT) Level 1 Awareness Training. All contractor employees, including subcontractor employees, requiring routine physical access to military installations must complete AT Level I awareness training within 30 days of requiring access and annually thereafter. Certificates of completion for each contractor employee and subcontractor employee must be submitted to the COR or the unit's Antiterrorism Representative. AT level I awareness training is available at the following website: http://jko.jten.mil.

Section I - Contract Clauses

52.204-9 Personal Identity Verification of Contractor Personnel.

As prescribed in , insert the following clause: 4.1303

Personal Identity Verification of Contractor Personnel (Jan 2011)

(a) The Contractor comply with agency personal identity verification procedures identified in the contract that implement Homeland Security shall Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor account for all forms of Government-provided identification issued to the Contractor employees in connection with shall performance under this contract. The Contractor return such identification to the issuing agency at the earliest of any of the following, unless shall otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(c) The delay final payment under a contract if the Contractor fails to comply with these requirements. Contracting Officer may

(d) The Contractor insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are shall required to have routine physical access to a Federally-controlled facility and/or routine access to a . It Federally-controlled information system shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved by the . in writing Contracting Officer

(End of clause)

52.222-27 Affirmative Action Compliance Requirements for Construction.

As prescribed in , insert the following clause: (f)22.810

Affirmative Action Compliance Requirements for Construction (Apr 2015)

(a) Definitions. As used in this clause-

Covered area means the geographical area described in the for this contract. solicitation

Deputy Assistant Secretary, means the for the Office of Federal Contract Compliance Programs, U.S. Department of Deputy Assistant Secretary Labor, or a designee.

Employer identification number, means the Federal Social Security number used on the employer's quarterly Federal tax return, U.S. Treasury Department Form 941.

Gender identity has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.

gov/ofccp/LGBT/LGBT_FAQs.html.

Minority, as used in this clause, means-

(1) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

FA487724R0012

https://www.acquisition.gov/far/4.1303#FAR_4_1303 https://www.acquisition.gov/far/22.810#FAR_22_810

(2) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands);

(3) Black (all persons having origins in any of the black African racial groups not of Hispanic origin); and

(4) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race).

Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.

dol.gov/ofccp/LGBT/LGBT_FAQs.html.

(b) If the Contractor, or a subcontractor at any tier, subcontracts a portion of the work involving any trade, each such subcontract in construction excess of $10,000 include this clause and the Notice containing the goals for and female participation stated in the for this shall minority solicitation contract.

(c) If the Contractor is participating in a Hometown Plan approved by the U.S. Department of Labor in a , either (41 CFR 60-4) covered area individually or through an association, its affirmative action obligations on all work in the plan area (including goals) comply with the plan for shall those trades that have unions participating in the plan. Contractors be able to demonstrate participation in, and compliance with, the provisions must of the plan. Each Contractor or subcontractor participating in an approved plan is also required to comply with its obligations under the Equal Opportunity clause, and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good-faith performance by other Contractors or subcontractors toward a goal in an approved plan does not excuse any Contractor's or subcontractor's failure to make good-faith efforts to achieve the plan's goals.

(d) The Contractor implement the affirmative action procedures in paragraphs (g)(1) through (16) of this clause. The goals stated in the shall for this contract are expressed as percentages of the total hours of employment and training of and female utilization that the solicitation minority

Contractor reasonably be able to achieve in each trade in which it has employees in the . If the Contractor performs should construction covered area work in a geographical area located outside of the , it apply the goals established for the geographical area where that construction covered area shall work is actually performed. The Contractor is expected to make substantially uniform progress toward its goals in each craft.

(e) Neither the terms and conditions of any collective bargaining agreement, nor the failure by a union with which the Contractor has a collective bargaining agreement, to refer or women excuse the Contractor's obligations under this clause, Executive Order11246, as amended, or minorities shall the regulations thereunder.

(f) In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, apprentices and trainees be must employed by the Contractor during the training period, and the Contractor have made a commitment to employ the apprentices and trainees at must the completion of their training, subject to the availability of employment opportunities. Trainees be trained pursuant to training programs must approved by the U.S. Department of Labor.

(g) The Contractor take affirmative action to ensure equal employment opportunity. The evaluation of the Contractor's compliance with this shall clause be based upon its effort to achieve maximum results from its actions. The Contractor document these efforts fully and implement shall shall affirmative action steps at least as extensive as the following:

(1) Ensure a working environment free of harassment, intimidation, and coercion at all sites and in all facilities where the Contractor's employees are assigned to work. The Contractor, if possible, will assign two or more women to each project. The Contractor ensure that foremen, construction shall superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to or female individuals working at these sites or facilities. minority

(2) Establish and maintain a current list of sources for and female recruitment. Provide written notification to and female minority minority recruitment sources and community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses.

(3) Establish and maintain a current file of the names, addresses, and telephone numbers of each and female off-the-street applicant, referrals minority of or females from unions, recruitment sources, or community organizations, and the action taken with respect to each individual. If an minorities individual was sent to the union hiring hall for referral and not referred back to the Contractor by the union or, if referred back, not employed by the Contractor, this be documented in the file, along with whatever additional actions the Contractor have taken. shall may

(4) Immediately notify the when the union or unions with which the Contractor has a collective bargaining agreement has Deputy Assistant Secretary not referred back to the Contractor a or woman sent by the Contractor, or when the Contractor has other information that the union referral minority process has impeded the Contractor's efforts to meet its obligations.

(5) Develop on-the-job training opportunities and/or participate in training programs for the area that expressly include and women, minorities including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor provide notice of these programs to the sources compiled under paragraph (g) shall

(2) of this clause.

(6) Disseminate the Contractor's equal employment policy by-

(i) Providing notice of the policy to unions and to training, recruitment, and outreach programs, and requesting their cooperation in assisting the Contractor in meeting its contract obligations;

(ii) Including the policy in any policy manual and in collective bargaining agreements;

(iii) Publicizing the policy in the company newspaper, annual report, etc.;

(iv) Reviewing the policy with all management personnel and with all and female employees at least once a year; and minority

(v) Posting the policy on bulletin boards accessible to employees at each location where work is performed. construction

(7) Review, at least annually, the Contractor's equal employment policy and affirmative action obligations with all employees having responsibility for hiring, assignment, layoff, termination, or other employment decisions. Conduct review of this policy with all on-site supervisory personnel before initiating work at a job site. A written record be made and maintained identifying the time and place of these meetings, persons construction shall attending, subject matter discussed, and disposition of the subject matter.

(8) Disseminate the Contractor's equal employment policy externally by including it in any advertising in the news media, specifically including and female news media. Provide written notification to, and discuss this policy with, other Contractors and subcontractors with which the minority

Contractor does or anticipates doing business.

(9) Direct recruitment efforts, both oral and written, to , female, and community organizations, to schools with and female students, minority minority and to and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than 1 minority month before the date for acceptance of applications for apprenticeship or training by any recruitment source, send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.

(10) Encourage present and female employees to recruit persons and women. Where reasonable, provide after-school, summer, and minority minority vacation employment to and female youth both on the site and in other areas of the Contractor's workforce. minority

(11) Validate all tests and other selection requirements where required under . 41 CFR 60-3

(12) Conduct, at least annually, an inventory and evaluation at least of all and female personnel for promotional opportunities. Encourage minority these employees to seek or to prepare for, through appropriate training, etc., opportunities for promotion.

(13) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the Contractor's obligations under this contract are being carried out.

(14) Ensure that all facilities and company activities are nonsegregated except that separate or single-user rest rooms and necessary dressing or sleeping areas be provided to assure privacy between the sexes. shall

(15) Maintain a record of for subcontracts for and female contractors and suppliers, including circulation of solicitations minority construction to and female contractor associations and other business associations.solicitations minority

(16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's equal employment policy and affirmative action obligations.

(h) The Contractor is encouraged to participate in voluntary associations that assist in fulfilling one or more of the affirmative action obligations may contained in paragraphs (g)(1) through (16) of this clause. The efforts of a contractor association, joint contractor-union, contractor-community, or similar group of which the contractor is a member and participant be asserted as fulfilling one or more of its obligations under paragraphs (g)(1) may through (16) of this clause, provided, the Contractor-

(1) Actively participates in the group;

(2) Makes every effort to ensure that the group has a positive impact on the employment of and women in the industry; minorities

(3) Ensures that concrete benefits of the program are reflected in the Contractor's and female workforce participation; minority

(4) Makes a good-faith effort to meet its individual goals and timetables; and

(5) Can provide access to documentation that demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply is the Contractor's, and failure of such a group to fulfill an obligation not be a defense for the Contractor's noncompliance. shall

(i) A single goal for and a separate single goal for women be established. The Contractor is required to provide equal employment minorities shall opportunity and to take affirmative action for all groups, both male and female, and all women, both and nonminority. minority minority Consequently, the Contractor be in violation of Executive Order11246, as amended, if a particular group is employed in a substantially disparate may manner.

(j) The Contractor not use goals or affirmative action standards to discriminate against any person because of race, color, religion, sex, shall sexual , , or national origin.orientation gender identity

(k) The Contractor not enter into any subcontract with any person or firm debarred from Government contracts under Executive Order11246, as shall amended.

(l) The Contractor carry out such sanctions and penalties for violation of this clause and of the Equal Opportunity clause, including , shall suspension termination, and cancellation of existing subcontracts, as be imposed or ordered under Executive Order11246, as amended, and its implementing may regulations, by the OFCCP. Any failure to carry out these sanctions and penalties as ordered be a violation of this clause and Executive shall Order11246, as amended.

(m) The Contractor in fulfilling its obligations under this clause implement affirmative action procedures at least as extensive as those prescribed shall in paragraph (g) of this clause, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of Executive Order11246, as amended, the implementing regulations, or this clause, the Deputy Assistant Secretary take action as prescribed in .8.shall 41 CFR 60-4

(n) The Contractor designate a responsible official to- shall

(1) Monitor all employment-related activity to ensure that the Contractor's equal employment policy is being carried out;

(2) Submit reports as be required by the Government; and may

(3) Keep records that at least include for each employee the name, address, telephone number, trade, union affiliation (if any), shall construction employee identification number, social security number, race, sex, status ( mechanic, apprentice, trainee, helper, or laborer), dates of changes in e.g., status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records be maintained in an shall easily understandable and retrievable form; , to the degree that existing records satisfy this requirement, separate records are not required to however be maintained.

(o) Nothing contained herein be construed as a limitation upon the application of other laws that establish different standards of compliance or shall upon the requirements for the hiring of local or other area residents ( those under the Public Works Employment Act of1977 and the Community e.g., Development BlockGrant Program).

(End of clause)

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026.

As prescribed in , insert the following clause: 22.1906

Minimum Wages for Contractor Under Executive Order 14026 (Jan 2022) Workers

(a) Definitions. As used in this clause--

United States means the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, ). et seq.

Worker -

(1)

(i) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 14026, and-

(A) Whose wages under such contract are governed by the Fair Labor Standards Act ( 29 U.S.C. chapter 8), the Service Contract Labor Standards statute ( 41 U.S.C. chapter 67), or the Wage Rate Requirements ( ) statute ( 40 U.S.C. chapter 31, subchapter IV); Construction

(B) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in ; 29 CFR part 541 and

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(ii) Includes performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U. workers S.C. 214(c).

(iii) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(2)

(i) A performs a contract if the directly performs the specific services called for by the contract; and worker on worker

(ii) A performs with a contract if the 's work activities are necessary to the performance of a contract but are not the worker in connection worker specific services called for by the contract.

FA487724R0012

https://www.acquisition.gov/far/22.1906#FAR_22_1906

(b) Executive Order Minimum wage rate.

(1) The Contractor pay to , while performing in the , and performing on, or in connection with, this contract, a minimum shall workers United States hourly wage rate of $15.00 per hour beginning January 30, 2022.

(2) The Contractor adjust the minimum wage paid, if necessary, beginning January 1, 2023, and annually thereafter, to meet the applicable shall annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on (or any successor website), and a general notice on all wage determinations https://www.sam.gov issued under the Service Contract Labor Standards statute or the Wage Rate Requirements ( ) statute, that will provide information on the Construction E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract.

(3)

(i) The Contractor request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be may adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs include increases or decreases that result from changes in shall social security and unemployment taxes and ' compensation , but will not otherwise include any amount for general and workers insurance administrative costs, overhead, or profit.

(ii) Subcontractors be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors consider any may shall subcontractor requests for such price adjustment.

(iii) The will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this Contracting Officer clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements ( ) statute.Construction

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(5) A pay period under this clause not be longer than semi-monthly, but be shorter to comply with any applicable law or other requirement may may under this contract establishing a shorter pay period. be paid no later than one pay period following the end of the regular pay period in Workers shall which such wages were earned or accrued.

(6) The Contractor pay, unconditionally to each , all wages due free and clear without subsequent rebate or kickback. The Contractor shall worker may make deductions that reduce a 's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 23.230, Deductions. worker

(7) The Contractor not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to shall whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.workers

(8) Nothing in this clause excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law shall or municipal ordinance or any applicable contract establishing a minimum wage higher than the E.O. 14026 minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate. shall

(10) The Contractor follow the policies and procedures in 29 CFR 23.240(b) and 23.280 for treatment of engaged in an occupation in shall workers which they customarily and regularly receive more than $30 a month in tips.

(c)

(1) This clause applies to as defined in paragraph (a). As provided in that definition- workers

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the ; worker

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and

(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.

(2) This clause does not apply to-

(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., those individuals who i.e.

perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;

(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements ( ) statute. These individuals include but are not limited to-Construction

FA487724R0012

https://www.sam.gov/

(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a) ;

(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b) ; and

(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541).

(d) Notice. The Contractor notify all performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate shall workers under this clause. With respect to covered by the Service Contract Labor Standards statute or the Wage Rate Requirements ( ) workers Construction statute, the Contractor meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination may under those statutes. With respect to whose wages are governed by the FLSA, the Contractor post notice, utilizing the poster provided workers shall by the Administrator, which can be obtained at , in a prominent and accessible place at the www.dol.gov/agencies/whd/government-contracts worksite. Contractors that customarily post notices to electronically post the notice electronically provided the electronic posting is workers may displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.

(e) Payroll Records.

(1) The Contractor make and maintain records, for three years after completion of the work, containing the following information for each shall :worker

(i) Name, address, and social security number;

(ii) The 's occupation(s) or classification(s); worker

(iii) The rate or rates of wages paid;

(iv) The number of daily and weekly hours worked by each ; worker

(v) Any deductions made; and

(vi) Total wages paid.

(2) The Contractor make records pursuant to paragraph (e)(1) of this clause available for and transcription by authorized shall inspection representatives of the Administrator. The Contractor also make such records available upon request of the . shall Contracting Officer

(3) The Contractor make a copy of the contract available, as applicable, for or transcription by authorized representatives of the shall inspection Administrator.

(4) Failure to comply with this paragraph (e) be a violation of 29 CFR 23.260 and this contract. Upon direction of the Administrator or upon the shall 's own action, payment be withheld until such time as the noncompliance is corrected.Contracting Officer shall

(5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements ( ) statute, the Fair Labor Standards Act, or any other applicable law.Construction

(f) Access. The Contractor permit authorized representatives of the Administrator to conduct investigations, including interviewing at shall workers the worksite during normal working hours.

(g) Withholding. The , upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds Contracting Officer to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay the full amount of workers wages required by this clause.

(h) Disputes. Department of Labor has set forth in 29 CFR 23.510, Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 23. Such disputes be resolved in accordance with shall those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the agency, the Department of Labor, or the or their representatives. contracting workers

(i) Antiretaliation. The Contractor not discharge or in any other manner discriminate against any because such has filed any shall worker worker complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.

(j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and be held liable may for unpaid wages due subcontractor . workers

(k) Subcontracts. The Contractor include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, shall that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements ( ) statute, and are to be performed in Construction whole or in part in the . United States

(End of clause)

FA487724R0012

https://www.acquisition.gov/far/www.dol.gov/agencies/whd/government-contracts

52.227-1 Authorization and Consent.

As prescribed in , insert the following clause: (a)(1)27.201-2

Authorization and Consent (Jun 2020)

(a) The Government authorizes and consents to all use and manufacture, in performing this contract or any subcontract at any tier, of any invention described in and covered by a patent- United States

(1) Embodied in the structure or composition of any article…