Solicitation - FA500021R0008.pdf

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

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

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

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

SOLICITATION

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

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

b. An offer guarantee is, is not required.

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

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

STANDARD FORM 1442 (REV. 8/2014)

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

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

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

12b. CALENDAR DAYS

YES NO

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

AMOUNTS

OFFER (Must be fully completed by offeror)

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

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

CODE FACILITY CODE

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

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

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

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

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

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

FA500021R0008

Section A - Solicitation/Contract Form

Section B - Supplies or Services and Prices/Cost

Additional Information/Notes

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM AMOUNT- $2,000.00

MAXIMUM AMOUNT- $5,000,000.00

Item Supplies/Service Quantity Unit Unit Price Amount

BASE ORDERING PERIOD: The contractor shall provide all materials, plant, equipment, tools, labor, transportation, supervision, administration, quality control and etc., necessary to perform repair and or replacement of various types of pavements and pavement related work for roadway and airfield as described in the Statement of Work and Bid Schedule on Joint Base Elmendorf-Richardson, Alaska. Provide pricing proposal on Attachment 9, Exhibit A Price Schedule.

Firm Fixed Price

Project

Option Line Item

OPTION ONE ORDERING PERIOD:

The contractor shall provide all materials, plant, equipment, tools, labor, transportation, supervision, administration, quality control and etc., necessary to perform repair and or replacement of various types of pavements and pavement related work for roadway and airfield as described in the Statement of Work and Bid Schedule on Joint Base Elmendorf- Richardson, Alaska. Submit pricing proposal on Attachment 9, Exhibit A Price Schedule.

Firm Fixed Price

Project

Section C - Description/Specifications/Statement of Work

1.1 PARTNERING

Partnering is a structured process, as well as the philosophy of doing business with all parties, that recognize common goals through communication and teamwork. It helps create an environment where trust and teamwork prevents disputes, fosters good working relationships to everyone's benefit, and facilitates the completion of a successful contract. In support of the command's goals of teamwork and customer satisfaction, our policy is to practice the philosophy of Partnering on every contract we administer. Formal partnering may be required prior to and/or during the performance of an individual Task Order, if determined necessary by the Government.

Partnering shall be held during normal work hours.

1.2 Contractor to attend coordination meetings as often as weekly during construction season.

1.3 TASK ORDER ISSUANCE PROCEDURES

a. Upon receipt of a project, the government will issue a Task Order Request for Proposal identifying a site visit date and a proposal due date.

b. The contractor is to follow all instructions stated in the contract and the Task Order Request for Proposal for proposal submission.

c. Upon receipt of the proposal, the government will notify the contractor of any required clarifications, questions, or changes. The Government may then issue a Task Order for the project.

d. Accepted proposals by the government will be awarded by written Task Orders issued on DD Form 1155 (Order for Supplies or Services) to the contractor by the Contracting Officer.

e. Each task order will have its own identification number that must be used for invoicing.

f. The Government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed Task Orders.

g. Requests for proposals will indicate funds availability. The Government may request proposals with no assurance of funding and provides no assurance that task orders will be issued.

h. Contractor is required to contact the Contracting Officer within two (2) days after receipt of Task Order Request for Proposal if a contractor will not participate in the site visit.

j. Upon receipt of the proposal, the Government reserves the right to review the proposal and enter into negotiations.

1.4 INSPECTION OF CONSTRUCTION

The Base Civil Engineer or his authorized representative is designated as the representative of the Contracting Officer for the purpose of performing construction contract quality assurance for the Government, which includes performing technical surveillance and monitoring workmanship and compliance with the plans and specifications under this contract. This provision in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of this contract.

1.5 IAW FAR 15.204-1(b) Uniform contract format, Sections L and M will be physically removed from the resultant contract but retained in the contract file. Section K, representations and certifications, will be incorporated by reference in the contract by using FAR 52.204-19.

1.6 Base Access. All contractor personnel are required to pass security checks prior to being issued a base pass allowing them access to JBER and shall complete Antiterrorism Awareness Training for Contractors. See AFFARs Clause 5352.242.9000 and DFARS 252.204-7004.

1.7 Force Protection Measures. Access to Base may be restricted dependent upon the established Force Protection Condition, 'FPCON' level and/or Health Protection Condition, 'HPCON', at any time during the execution of the Task Order. Contractor shall be issued badges and vehicle passes allowing normal access to the Base throughout FPCON levels 'A' and 'B'. Increased FPCON levels approaching 'C' and/or 'D' shall be more restrictive, requiring further confirmation of current security requirements as provided by Contracting Officer.

The Contractor is required to know the HPCON level and comply with the State of Alaska, local Municipality, and JBER Covid-19 Installation health mandates. Failure to comply with the guidelines or restrictions may result in suspended access to JBER or debarment.

1.8 Mission Essential. The Contractor is required to have a Mission-Essential Contractor Services Plan in place no later than 60 days after contract award. The Mission-Essential Contractor Services Plan is to address the Contractors plan in the event of a crisis, including the possibility that JBER's FPCON or HPCON levels unexpectedly increase or there is a temporary restriction of movement coming in or out of the base. These increases could be due to, but not limited to, crises events such as weather events, natural disasters, health protection measures and security threats.

The Contractor shall maintain and update its plan as necessary. The Contractor shall provide all plan updates to the Contracting Officer for approval.

In the event mission-essential services are required during a crisis and an additional cost is required, the Contractor shall provide a notice to the Contracting Officer that includes all segregated and separately identified costs to be incurred, the Contractor's proposal for an adjustment and any data supporting the increase or decrease. The parties shall negotiate an adjustment to the contract price, delivery schedule, or both as soon as is practicable after receipt of the Contractor's proposal. Any additional costs should not be incurred, and are not payable by the Government, until and unless a modification to the contract or task order, or some other approval by the Contracting Officer, is received.

Requirements Paving Indefinite Quantity Requirements for Joint Base Elmendorf-Richardson, Alaska (JBER). Requirements include, but are not limited to, airfield pavements (runways, taxiways, aprons, airfield roads, hangar floors) and road pavements (roads, parking lots, driveways, bike paths, golf cart paths).

DFARS Clauses Incorporated by Full Text

252.222-7000 Restrictions on Employment of Personnel 2000-03

As prescribed in 222.7004, use the following clause:

RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000)

(a) The Contractor shall employ, for the purpose of performing that portion of the contract work in , individuals who are residents Alaska thereof and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills to perform the contract.

(b) The Contractor shall insert the substance of this clause, including this paragraph (b), in each subcontract awarded under this contract.

(End of clause)

Section D - Packaging and Marking

Section E - Inspection and Acceptance

Inspection and acceptance instructions and location will be stated on individual task orders.

FAR Clauses Incorporated by Reference

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

Section F - Deliveries or Performance

Deliveries or performance instructions and location will be stated on individual task orders.

FAR Clauses Incorporated by Reference

Number___Title___Effective Date 52.242-15___Stop-Work Order (1989-08)

Delivery Schedule

Period of Performance From

30 JUN 2021

To

29 JUN 2026

Option Line Item 0002 Delivery Schedule

Period of Performance From

30 JUN 2026

To

29 JUN 2028

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.247-34 F.o.b. Destination. 1991-11

Section G - Contract Administration Data

ACCOUNTING AND APPROPRIATION DATA will be added on each individual Task Order.

DFARS Clauses Incorporated by Reference

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

Section H - Special Contract Requirements

ASPHALT MATERIAL ECONOMIC PRICE ADJUSTMENT

1.1 DESCRIPTION. This subsection provides a price adjustment for asphalt material by: (1) additional compensation to the contractor or (2) a deduction from the contract amount.

1.2 APPLICATION. This provision shall apply:

a. When there is more than a seven and one half percent (7.5%) increase or decrease in the Alaska Asphalt Material Price Index (AAMPI) from the date of each individual task order award and between the contract price schedule bid, an Economic Price Adjustment will be calculated and implemented.

b. To asphalt material meeting the criteria of Section 702, and as listed below and included in a Task Order:

Item No.:

306(1) Asphalt Treated Base (ATB) Course, 306(2) Asphalt Treated Base (ATB) Course for Airfields, 308(2) CSS-1 Asphalt for Base Course, 308(3) Crushed Asphalt Base Course for Airfields, 308(4) CSS-1 Asphalt for Base Course on Airfields, 401(1A) HMA, Type II; Class A, 401(1B) HMA, Type II; class B, 408(1) HMA, Type VH, 409(1) Airfield HMA, Surface Course, 409(2) Airfield HMA, Intermediate Course, 409(3) Airfield HMA, Shoulders, 410(1) HMA, SBS Modified, and 608(2) Asphalt Pathway.

c. When the contractor provides the certified bill of lading from the asphalt material refiner/producer.

1.3 CALCULATION

a. The AAMPI is calculated semi-monthly, and will remain in effect from the day of calculation until the calculation. The AAMPI is posted on State of Alaska Statewide Materials website and calculated according to the formula posted there. http://www.dot.state.ak.us/stwddes/desmaterials/aprice_index.shtml.

b. Price adjustment will be made for each individual Task Order affected by a seven and one half percent (7.5%) increase or decrease from the price schedule bid. Use the AAMPI in effect on the date of the certified bill of lading from the asphalt material refiner/producer, to calculate the price adjustment for asphalt material. The Government will increase or decrease payment under each individual Task Order by the amount determined with the attached asphalt material price adjustment spreadsheet (Attachment J-8). The contractor will be allowed an additional adjustment point at the end of task order for any portion of work that hasn't been completed by the end of the construction season.

1.4 Non-Priced Items. In the event of an unpriced pay item, the item will be identified in the Task Order Request for Proposal. The Contractor shall provide a proposal for the unpriced item with supporting documentation. If the unpriced item requires items to be purchased from another company the documentation will include no less than three (3) quotes. If three (3) quotes cannot be obtained, supporting documentation of that must be provided. In the event an unpriced item is identified by the Government as a common item that will be required for future projects, a Request for Proposal will be issued for the item/items for the remainder of the term of the contract. The Government reserves the right to negotiate the price of the unpriced item. Upon receipt of the proposal and agreement on the price for the item(s), a bi-lateral modification to add the item/items to the Price Schedule will be accomplished.

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number___Title___Effective Date 52.204-2 Alternate II___Security Requirements (1984-04) 52.204-15___Service Contract Reporting Requirements for Indefinite-Delivery Contracts (2016-10) 52.215-2___Audit and Records - Negotiations (2020-06) 52.222-3___Convict Labor (2003-06) 52.222-4___Contract Work Hours and Safety Standards Act - Overtime Compensation (2018-05) 52.222-19 Deviation 2020-O0019___Child Labor - Cooperation with Authorities and Remedies (2020-07) 52.222-20___Contracts for Materials, Supplies, Articles, and Equipment (2020-06) 52.222-26___Equal Opportunity (2016-09) 52.223-6___Drug-Free Workplace (2001-05) 52.227-1___Authorization and Consent (2020-06) 52.227-2___Notice and Assistance Regarding Patent and Copyright Infringement (2020-06) 52.227-4___Patent Indemnity - Construction Contracts (2007-12) 52.232-9___Limitations on Withholding Payments (1984-04) 52.232-11___Extras (1984-04) 52.232-39___Unenforceability of Unauthorized Obligations (2013-06) 52.236-17___Layout of Work (1984-04)

DFARS Clauses Incorporated by Reference

Number___Title___Effective Date 252.201-7000___Contracting Officer's Representative (1991-12) 252.204-7016___Covered Defense Telecommunications Equipment or Services--Representation (2019-12) 252.204-7017___Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services--Representation (2019-12) 252.204-7018___Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (2019-12) 252.227-7033___Rights in Shop Drawings (1966-04) 252.232-7017___Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration (2020-04) 252.236-7008___Contract Prices - Bidding Schedules (1991-12) 252.236-7013___Requirement for Competition Opportunity for American Steel Producers, Fabricators, and Manufacturers (2009-01) 252.246-7004___Safety of Facilities, Infrastructure, and Equipment for Military Operations (2010-10) 252.246-7008___Sources of Electronic Parts (2018-05) 252.247-7023___Transportation of Supplies by Sea--Basic (2019-02)

52.216-4 Economic Price Adjustment-Labor and Material.

As prescribed in 16.203-4(c), when contracting by negotiation, insert a clause that is substantially the same as the following clause in solicitations and contracts when the conditions specified in 16.203-4 (c)(1)(i) through

(iv) apply (but see 16.203-4 (c)(2)). The clause may be modified by increasing the 10-percent limit on aggregate increases specified in paragraph (c)(4), upon approval by the chief of the contracting office.

Economic Price Adjustment-Labor and Material (Jan 2017)

(a) The Contractor shall notify the Contracting Officer if, at any time during contract performance, the rate of pay for labor (including fringe benefits) or the unit prices for material shown in the Schedule either increase or decrease. The Contractor shall furnish this notice within 60 days after the increase or decrease, or within any additional period that the Contracting Officer may approve in writing, but not later than the date of final payment under this contract. The notice shall include the Contractor's proposal for an adjustment in the contract unit prices to be negotiated under paragraph (b) of this clause, and shall include, in the form required by the Contracting Officer, supporting data explaining the cause, effective date, and amount of the increase or decrease and the amount of the Contractor's adjustment proposal.

(b) Promptly after the Contracting Officer receives the notice and data under paragraph (a) of this clause, the Contracting Officer and the Contractor shall negotiate a price adjustment in the contract unit prices and its effective date. However, the Contracting Officer may postpone the negotiations until an accumulation of increases and decreases in the labor rates (including fringe benefits) and unit prices of material shown in the Schedule results in an adjustment allowable under paragraph (c)(3) of this clause. The Contracting Officer shall modify this contract (1)to include the price adjustment and its effective date and (2)to revise the labor rates (including fringe benefits) or unit prices of material as shown in the Schedule to reflect the increases or decreases resulting from the adjustment. The Contractor shall continue performance pending agreement on, or determination of, any adjustment and its effective date.

(c) Any price adjustment under this clause is subject to the following limitations:

(1) Any adjustment shall be limited to the effect on unit prices of the increases or decreases in the rates of pay for labor (including fringe benefits) or unit prices for material shown in the Schedule. There shall be no adjustment for-

(i) Supplies or services for which the production cost is not affected by such changes;

(ii) Changes in rates or unit prices other than those shown in the Schedule; or

(iii) Changes in the quantities of labor or material used from those shown in the Schedule for each item.

(2) No upward adjustment shall apply to supplies or services that are required to be delivered or performed before the effective date of the adjustment, unless the Contractor's failure to deliver or perform according to the delivery schedule results from causes beyond the Contractor's control and without its fault or negligence, within the meaning of the Default clause.

(3) The aggregate of the increases in any contract unit price made under this clause shall not exceed 7.5 percent of the original unit price. There is no percentage limitation on the amount of decreases that may be made under this clause.

(d) The Contracting Officer may examine the Contractor's books, records, and other supporting data relevant to the cost of labor (including fringe benefits) and material during all reasonable times until the end of 3 years after the date of final payment under this contract or the time periods specified in subpart 4.7 of the Federal Acquisition Regulation (FAR), whichever is earlier.

(End of clause)

52.216-18 Ordering.

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

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from ____ (TBD)_____ through ___(TBD)____.

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

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

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

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

(3) If sent electronically, the Government either--

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

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

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

(End of clause)

52.222-23___Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (1999-02) As prescribed in 22.810(b), insert the following provision:

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for EachTrade = 8.7% Goals for Female Participation for Each Trade = 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the-

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Joint Base Elmendorf-Richardson.

(End of provision)

52.236-1 Performance of Work by the Contractor.

As prescribed in 36.501(b), insert the following clause:

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 15 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

52.236-4 Physical Data.

As prescribed in 36.504 , insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated and physical data (e.g., test borings, hydrographic, weather conditions data) will be furnished or made available to offerors. All information to be furnished or made available to offerors before award that pertains to the performance of the work should be identified in the clause.

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by Join Base Elmendorf-Richardson 673d Civil Engineering Squadron.

(b) Weather conditions: See Attachment J-10

(c) Environmental Data: See Attachment J-5 & J-6.

(End of clause)

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements.

As prescribed in 204.7304(d), use the following provision:

(a) Definitions.

"Basic Assessment", "Medium Assessment", and "High Assessment" have the meaning given in the clause 252.204-7020, NIST SP 800-171 DoD Assessments.

"Covered contractor information system" has the meaning given in the clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this solicitation.

(b) Requirement. In order to be considered for award, if the Offeror is required to implement NIST SP 800-171, the Offeror shall have a current assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) (see 252.204-7020) for each covered contractor information system that is relevant to the offer, contract, task order, or delivery order. The Basic, Medium, and High NIST SP 800-171 DoD Assessments are described in the NIST SP 800-171 DoD Assessment Methodology located at https://www.acq.osd.mil/dpap/pdi /cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800-171.html.

(c) Procedures.

(1) The Offeror shall verify that summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) are posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil/) for all covered contractor information systems relevant to the offer.

(2) If the Offeror does not have summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) posted in SPRS, the Offeror may conduct and submit a Basic Assessment to mailto:webptsmh@navy.mil for posting to SPRS in the format identified in paragraph (d) of this provision.

(d) Summary level scores. Summary level scores for all assessments will be posted 30 days post-assessment in SPRS to provide DoD Components visibility into the summary level scores of strategic assessments.

(1) Basic Assessments. An Offeror may follow the procedures in paragraph (c)(2) of this provision for posting Basic Assessments to SPRS.

(i) The email shall include the following information:

(A) Cybersecurity standard assessed (e.g., NIST SP 800-171 Rev 1).

(B) Organization conducting the assessment (e.g., Contractor self-assessment).

(C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract--

(1) All industry Commercial and Government Entity (CAGE) code(s) associated with the information system(s) addressed by the system security plan; and

(2) A brief description of the system security plan architecture, if more than one plan exists.

(D) Date the assessment was completed.

(E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement).

(F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(ii) If multiple system security plans are addressed in the email described at paragraph (d)(1)(i) of this section, the Offeror shall use the following format for the report:

System Security Plan_ CAGE Codes supported by this plan_ Brief description of the plan architecture_ Date of assessment_ Total Score_ Date score of 110 will achieved_

(2) Medium and High Assessments. DoD will post the following Medium and/or High Assessment summary level scores to SPRS for each system assessed:

(i) The standard assessed (e.g., NIST SP 800-171 Rev 1).

(ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity Address Code (DoDAAC)).

(iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan.

(iv) A brief description of the system security plan architecture, if more than one system security plan exists.

(v) Date and level of the assessment, i.e., medium or high.

(vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement).

(vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(3) Accessibility.

(i) Assessment summary level scores posted in SPRS are available to DoD personnel, and are protected, in accordance with the standards set forth in DoD Instruction 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information (PI).

(ii) Authorized representatives of the Offeror for which the assessment was conducted may access SPRS to view their own summary level scores, in accordance with the SPRS Software User's Guide for Awardees/Contractors available at https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf.

(iii) A High NIST SP 800-171 DoD Assessment may result in documentation in addition to that listed in this section. DoD will retain and protect any such documentation as "Controlled Unclassified Information (CUI)" and intended for internal DoD use only. The information will be protected against unauthorized use and release, including through the exercise of applicable exemptions under the Freedom of Information Act (e.g., Exemption 4 covers trade secrets and commercial or financial information obtained from a contractor that is privileged or confidential).

(End of provision)

252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

As prescribed in 204.7304 (e), use the following clause:

(a) Definitions.

Basic Assessment" means a contractor's self-assessment of the contractor's implementation of NIST SP 800-171 that--

(1) Is based on the Contractor's review of their system security plan(s) associated with covered contractor information system(s);

(2) Is conducted in accordance with the NIST SP 800-171 DoD Assessment Methodology; and

(3) Results in a confidence level of "Low" in the resulting score, because it is a self-generated score.

"Covered contractor information system" has the meaning given in the clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this contract.

"High Assessment" means an assessment that is conducted by Government personnel using NIST SP 800-171A, Assessing Security Requirements for Controlled Unclassified Information that--

(1) Consists of--

(i) A review of a contractor's Basic Assessment;

(ii) A thorough document review;

(iii) Verification, examination, and demonstration of a Contractor's system security plan to validate that NIST SP 800-171 security requirements have been implemented as described in the contractor's system security plan;

and

(iv) Discussions with the contractor to obtain additional information or clarification, as needed; and

(2) Results in a confidence level of "High" in the resulting score.

"Medium Assessment" means an assessment conducted by the Government that--

(1) Consists of--

(i) A review of a contractor's Basic Assessment;

(ii) A thorough document review; and

(iii) Discussions with the contractor to obtain additional information or clarification, as needed; and

(2) Results in a confidence level of "Medium" in the resulting score.

(b) Applicability. This clause applies to covered contractor information systems that are required to comply with the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, in accordance with Defense Federal Acquisition Regulation System (DFARS) clause at 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this contract.

(c) Requirements. The Contractor shall provide access to its facilities, systems, and personnel necessary for the Government to conduct a Medium or High NIST SP 800-171 DoD Assessment, as described in NIST SP 800- 171 DoD Assessment Methodology at https://www.acq.osd.mil/dpap/pdi/cyber /strategically_assessing_contractor_implementation_of_NIST_SP_800-171.html, if necessary.

(d) Procedures. Summary level scores for all assessments will be posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil/) to provide DoD Components visibility into the summary level scores of strategic assessments.

(1) Basic Assessments. A contractor may submit, via encrypted email, summary level scores of Basic Assessments conducted in accordance with the NIST SP 800-171 DoD Assessment Methodology to mailto:

webptsmh@navy.mil for posting to SPRS.

(i) The email shall include the following information:

(A) Version of NIST SP 800-171 against which the assessment was conducted.

(B) Organization conducting the assessment (e.g., Contractor self-assessment).

(C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract--

(1) All industry Commercial and Government Entity (CAGE) code(s) associated with the information system(s) addressed by the system security plan; and

(2) A brief description of the system security plan architecture, if more than one plan exists.

(D) Date the assessment was completed.

(E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement).

(F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(ii) If multiple system security plans are addressed in the email described at paragraph (b)(1)(i) of this section, the Contractor shall use the following format for the report:

System Security Plan_ CAGE Codes supported by this plan_ Brief description of the plan architecture_ Date of assessment_ Total Score_ Date score of 110 will achieved_

(2) Medium and High Assessments. DoD will post the following Medium and/or High Assessment summary level scores to SPRS for each system security plan assessed:

(i) The standard assessed (e.g., NIST SP 800-171 Rev 1).

(ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity Address Code (DoDAAC)).

(iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan.

(iv) A brief description of the system security plan architecture, if more than one system security plan exists.

(v) Date and level of the assessment, i.e., medium or high.

(vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement).

(vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(e) Rebuttals.

(1) DoD will provide Medium and High Assessment summary level scores to the Contractor and offer the opportunity for rebuttal and adjudication of assessment summary level scores prior to posting the summary level scores to SPRS (see SPRS User's Guide https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf).

(2) Upon completion of each assessment, the contractor has 14 business days to provide additional information to demonstrate that they meet any security requirements not observed by the assessment team or to rebut the findings that may be of question.

(f) Accessibility.

(1) Assessment summary level scores posted in SPRS are available to DoD personnel, and are protected, in accordance with the standards set forth in DoD Instruction 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information (PI).

(2) Authorized representatives of the Contractor for which the assessment was conducted may access SPRS to view their own summary level scores, in accordance with the SPRS Software User's Guide for Awardees /Contractors available at https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf.

(3) A High NIST SP 800-171 DoD Assessment may result in documentation in addition to that listed in this clause. DoD will retain and protect any such documentation as "Controlled Unclassified Information (CUI)" and intended for internal DoD use only. The information will be protected against unauthorized use and release, including through the exercise of applicable exemptions under the Freedom of Information Act (e.g., Exemption 4 covers trade secrets and commercial or financial information obtained from a contractor that is privileged or confidential).

(g) Subcontracts.

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

(2) The Contractor shall not award a subcontract or other contractual instrument, that is subject to the implementation of NIST SP 800-171 security requirements, in accordance with DFARS clause 252.204-7012 of this contract, unless the subcontractor has completed, within the last 3 years, at least a Basic NIST SP 800-171 DoD Assessment, as described in https://www.acq.osd.mil/dpap/pdi/cyber /strategically_assessing_contractor_implementation_of_NIST_SP_800-171.html, for all covered contractor information systems relevant to its offer that are not part of an information technology service or system operated on behalf of the Government.

(3) If a subcontractor does not have summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) posted in SPRS, the subcontractor may conduct and submit a Basic Assessment, in accordance with the NIST SP 800-171 DoD Assessment Methodology, to mailto:webptsmh@navy.mil for posting to SPRS along with the information required by paragraph (d) of this clause.

(End of clause)

252.222-7999 Combating Race and Sex Stereotyping (DEVIATION 2021-O0001) Use this clause in solicitations and contracts, when a contract is contemplated that will include the clause at Federal Acquisition Regulation (FAR) 52.222-26, Equal Opportunity or its Alternate I.

Notice: On December 22, 2020, the United States District Court for the Northern District of California issued a preliminary injunction, enjoining Sections 4 and 5 of Executive Order 13950 "Combating Race and Sex Stereotyping." So long as the December 22, 2020 preliminary injunction remains in force, the Government shall not enforce any provisions contained in Government contracts or subcontracts added pursuant to Section 4(a) of Executive Order 13950; the Government shall not cancel, terminate, suspend in whole or in part, any contractor or subcontractors' Government contracts, nor declare any contractor or subcontractor ineligible for further Government contracts, nor impose any other sanctions, on the basis of purported noncompliance with the Executive Order or any agency action implementing Section 4 or 5 of the Executive Order; and the Government will not require contractors or subcontractors to provide notice of any commitments under the Executive Order or any contract term inserted pursuant to the Executive Order to their respective labor unions or employee representatives. To the extent that you have included the Executive Order's provisions in subcontracts, please provide them with a copy of this notice.

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

"Race or sex scapegoating" means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex.

"Race or sex stereotyping" means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

(b) Exemptions. The exemptions that apply to Executive Order (E.O.) 11246 (see FAR 22.807) also apply to E.

O. 13950 and the requirements of this clause. (c) Compliance with E.O. 13950, Combating Race and Sex Stereotyping. Unless exempted under paragraph (b) of this clause, the Contractor shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the concepts that--

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual's moral character is necessarily determined by his or her race or sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

(d) Notice. The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice provided below advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

NOTICE E.O. 13950, Combating Race and Sex Stereotyping Employers Holding Federal Contracts or Subcontracts

Contractors shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the following concepts that--

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual's moral character is necessarily determined by his or her race or sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

For use in this notice-- "Race or sex scapegoating" means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex; and "Race or sex stereotyping" means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under this notice should immediately contact the Office of Federal Contract Compliance Programs (OFCCP) Complaint Hotline to Combat Race and Sex Stereotyping at 202-343-2008 or via email at OFCCPComplaintHotline@dol.gov.

(End of notice)

(e) Noncompliance. In the event it is determined that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in E.O. 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in E.O. 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

(f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts that exceed $10,000 and are not exempted by the rules, regulations, or orders of the Secretary of Labor issued under E.O. 11246, as amended, so that these terms and conditions will be binding upon each subcontractor.

(2) The Contractor shall take such action with respect to any subcontract as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor as a result of such direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

(End of clause)

252.225-7974 Representation Regarding Business Operations with the Maduro Regime. (Deviation 2020- O0005)

Use the following provision in all solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial items, unless the solicitation is--

(a) Jointly determined by the Secretary of Defense and the Secretary of State to be--

(1) Necessary for…