Solicitation - FA500023R0003.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

Section A - Solicitation/Contract Form

Mini-MACC

Proposal Identifier: FA500023R0003 Date: 30 Mar 2023

FA500023R0003

Section B - Supplies or Services & Prices or Costs

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- $2,000,000.00

The MINIMUM GUARANTEE under this contract is $2,000.00.

Item Supplies/Service Estimated Quantity

Unit Unit Price

Amount

BASE ORDERING PERIOD: The contractor shall provide all materials, equipment, tools, labor, transportation, management necessary to perform the Mini-MACC. The Mini-MACC is a multiple award, minimal design-build indefinite delivery /indefinite quantity (IDIQ) construction acquisition described in the statement of work with project requirements further defined with each individual task order. The work will consist of multiple disciplines in construction to include repair, alteration, and construction of real property improvements on Joint Base-Elmendorf Richardson.

Product Service Code: Z2JZ Pricing Arrangement: Firm Fixed Price

1 Lot

Section C - Description/Specifications/Statement of Work

Requirements The attached Mini-MACC Statement of Work and associated appendices will apply to all task orders under this contract. Task orders will have individual requirements under each FOPR.

Blocks 11, 12a and 13b are filled in as appropriate to the seed project.

The current wage determination is attached with the solicitation. The wage determination in effect at the time of each task order award will be used for any task orders issued under the contract. Building, Heavy, Davis Bacon Act (DBA) wage determinations can be downloaded from the Sam.gov website.

DFARS Clauses Incorporated by Full Text

252.222-7000 Restrictions on Employment of Personnel Mar 2000

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 Alaska, individuals who are residents 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

Page intentionally left blank.

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

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

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: Coordination with both CES and CONS for acceptance and inspection is required for the seed project. Coordination of acceptance and inspection and identified POC will be provided for projects at the task order level.

DoDAAC: F1W3EA CountryCode: USA

673D CES CEP/CER/CEA

AF BPN NO MILSBILLS PROCESSES, 6326 ARCTIC WARRIOR

JBER, AK 99506-3221

UNITED STATES

Robert McElroy Email: robert.mcelroy@us.af.mil Telephone: (907) 384-3081

Section F - Deliveries or Performance

The contract delivery period information provided below are associated with the seed project. The delivery schedule provided in the table below is applicable to the base contract.

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 60 Calendar Days Date of Notice to Proceed Receipt

Line Item Delivery Schedule Estimated Quantity

Address and POC

Period of Performance From 11 Jul 2023 To 10 Jul 2028

1 Lot

FAR Clauses Incorporated by Reference

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

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.247-7023 Transportation of Supplies by Sea. Feb 2019

Section G - Contract Administration Data

FAR Clauses Incorporated by Full Text

Number Title Effective Date

52.216-32 Task-Order and Delivery-Order Ombudsman Alternate I Sept 2019

As prescribed in nsert the following clause:(j), i16.506

Task-Order and Delivery-Order Ombudsman (Sept 2019)

(a) In accordance with 41 U.S.C. 4106(g),the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

AFICC/KH (Chief Enlisted Manager), 25 E Street, Suite B-100, JBPH-H, HI 96853-5427, Phone: (808) 449-8569, e-mail:afica.kh@us.af.mil

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

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

When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

multiple agencies(d) Contracts used by .

(1) This is a contract that issued by multiple agencies. Complaints from Contractors concerning orders placed under contracts used by multiple agencies are primarily reviewed by the task-order and delivery-order Ombudsman for the ordering activity.

(2) The ordering activity has designated the following task-order and delivery-order Ombudsman for this order:

AFICC/KH (Chief Enlisted Manager), 25 E Street, Suite B-100, JBPH-H, HI 96853-5427, Phone: (808) 449-8569, FAX: (808) 449- 8571, e-mail:

afica.kh@us.af.mil

(3) Before consulting with the task-order and delivery-order Ombudsman for the ordering activity, the Contractor is encouraged to first address complaints with the ordering activity's Contracting Officer for resolution. When requested by the Contractor, the task-order and delivery-order Ombudsman for the ordering activity may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of Clause)

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7006 Billing Instructions. Oct 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Dec 2018

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause-

FA500023R0003

https://www.acquisition.gov/far/16.506#FAR_16_506

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

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

(WAWF).

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

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

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) 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 Protocol.WAWF methods of document submission.

(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 Invoice

(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. N/A

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

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

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

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

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

(3) 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: As prescribed in Block 15 of each Task Order

Issue by DoDAAC: As prescribed in Block 15 of each Task Order

Admin DoDAAC: FA5000

FA500023R0003

https://wawf.eb.mil/

Inspect by DoDAAC: As prescribed in Block 15 of each Task Order

Ship to Code: N/A

Ship From Code: N/A

Mark for Code: N/A

Service Approver (DoDAAC): As prescribed in Block 15 of each Task Order

Service Acceptor (DoDAAC): As prescribed in Block 15 of each Task Order

Accept at Other DoDAAC: N/A

DCAA Auditor DoDAAC: N/A

Other DoDAACS: N/A

(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.

Alaska PTAC (907) 786-7270

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

(End of clause)

Section H - Special Contract Requirements

Off-Ramp/On-Ramp Procedures

1. . The Government may award up to five (5) Mini-MACC IDIQ contracts as a result of the initial competition for Off-Ramp/On-Ramp Procedures this IDIQ. A reserve vendor pool of contractors will be maintained for the purpose of this On-Ramp procedure. Unsuccessful offerors whose proposals are determined technically "acceptable," have prices that are determined fair and reasonable, are rated with a Past Performance Confidence Assessment Rating of Satisfactory Confidence or above, and are otherwise eligible for contract award will be retained in the On-Ramp contractor pool and may be offered an opportunity, within the ordering period of this contract, to receive an IDIQ award and be authorized to participate in task order competitions. Priority for selection from this pool will be given to those offerors whose proposal represented the greatest value as determined by source selection authority during the initial competition for IDIQ contract award and determined to be responsible and qualified for a contract with the Government. No other rights, obligations or liabilities are attached to either the reserved pool member or the Government beyond what is stipulated in this paragraph.

1.1 The Government will conduct an annual review of contractor participation of all FOPRs and performance of awarded TOs to determine if contractors are meeting the expectations of the contract. The Government, in its sole discretion, reserves the right to off-ramp a contractor.

1.2 The Government will provide a 30-calendar day written notice if it intends to off-ramp a Mini-MACC Contractor. The Government reserves the right to off-ramp a contractor from the Mini-MACC and the contractor shall complete all previously awarded task orders.

1.3 The Government reserves the right to unilaterally off-ramp a contractor. Examples of conditions that could result in off-ramping a contractor are: inadequate bid frequency, failure to win any TOs over a significant period, or non-performance or consistently poor performance on TOs. These are only examples of conditions that could cause the government to off-ramp a contractor, other situations could apply.

1.4The Government reserves the right to remove from or add to the existing pool of Mini-MACC awardees by utilizing "On-Ramp" and/or "Off- Ramp" procedures specified below:

(a) The Off-Ramp process under the Mini-MACC contract allows the Government to exercise its right to remove a Off-Ramp Procedures:

contractor from the pool of Mini-MACC contract awardees. The Off-Ramp methods include, but are not limited to, procedures specified in FAR Part 49--Termination of Contracts, for contractors or orders thereunder (Termination for Default, Termination for Convenience of the Government, Termination with No-Cost Settlement). Note: The Off-Ramp procedures under Section H in no way modifies the right and responsibility of the Government or contractor under FAR Part 49--Termination of Contracts, or the authority provided by the FAR in the Disputes Clause or Changes Clause. In the event of any conflict between the terms of this clause and above mentioned FAR clauses, the terms of the FAR clauses (as applicable) shall take precedence.

(b) The Government reserves the right to "On-Ramp" additional contractors at any time during the life of this Mini-MACC On-Ramp Procedures:

contract by On-Ramping the selected On-Ramp contractors. On-Ramping contractors, as necessary, is anticipated to occur within the first 36 months following the initial set of Mini-MACC awardees in order to enhance the competitive environment of task order solicitations under the originally awarded Mini-MACC contracts. The Government reserves the right to initiate an On-Ramp beyond 36 months. This may be due to any reason, including, but not limited to, the lack of robust competition on FOPRs, an increase in annual requirements or a shrinking of the competitive pool of original Mini-MACC awardees under this solicitation. The On-Ramp procedures are described below:

(1) If it is determined to be in the Government's best interest to add contractors to the existing pool of the Mini-MACC awardees, an On-Ramp may be executed at any time during the term of the Mini-MACC. In this event, starting at the highest ranked On-Ramp contractor in the pool, that contractor will be offered the right of first refusal as an On-Ramp contractor. The contractor must still be eligible within the small business program and will be subject to meeting the standard contractor responsibility criteria described by FAR Part 9.104 and must not be determined ineligible under FAR 9.4. If determined responsible and eligible the Government will send written notice of its intent to On-Ramp that contractor with effective date

If the notified highest ranking On-Ramp contractor does not agree to accept the of potential award at least 30 days prior to the intended award date.

Government's offer to be On-Ramped for any reason, the offer will be rescinded and the same offer will be made to the next highest rated On-Ramp contractor. Once On-Ramp is completed, the On-Ramped contractor will become an additional Mini-MACC awardee. This new contractor will then be offered a Mini-MACC IDIQ contract with an original guaranteed minimum and will be eligible to compete for future FOPRs issued against the basic Mini-MACC. The Government will promptly send a written notice to existing Mini-MACC contract awardees of any On-Ramped contractor(s).

The Government will not consider unsolicited requests for additional contractors.

(2) The ordering period for any contract awarded under these procedures will end on the same date as the initially awarded contracts.

Bid Guarantee, Payment Protections, and Bonding Requirements

1. The appropriate documentation IAW FAR 52.228-1, FAR 52.228-13 or FAR 52.228-15 will be required for each task order. There will be no bid guarantee, payment protection, or bond requirement for the base IDIQ contract.

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

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

52.204-21 Basic Safeguarding of Covered Contractor Information Systems Nov 2021

52.215-21 Requirements for Certified Cost or Pricing Data or Information Other Than Certified Cost or Pricing Data - Modifications Alt III Oct 1997

52.222-3 Convict Labor Jun 2003

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

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners Jun 2016

52.223-15 Energy Efficiency in Energy-Consuming Products Dec 2007

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts Aug 2018

52.223-20 Aerosols Jun 2016

52.236-14 Availability and Use of Utility Services Apr 1984

52.236-21 Specifications and Drawings for Construction Alt I Apr 1984

52.243-5 Changes and Changed Conditions Apr 1984

52.245-1 Government Property Sep 2021

52.245-9 Use and Changes Apr 2012

52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements Aug 1996

52.246-21 Warranty of Construction Alt I Apr 1984

52.249-2 Termination for Convenience of the Government (Fixed Price) Alt I Sep 1996

52.253-1 Computer Generated Forms Jan 1991

FAR Clauses Incorporated by Full Text

Number Title Effective Date

52.223-3 Hazardous Material Identification and Material Safety Data Feb 2021

(a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert ) None Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of clause)

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons June 2016

(a) Definitions. As used in this clause-

Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0.

High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR Part 82 subpart G with supplemental tables of alternatives available at ( http://www.epa.gov/snap/).

Hydrofluorocarbons means compounds that only contain hydrogen, fluorine, and carbon.

Ozone-depleting substance, means any substance the Environmental Protection Agency designates in 40 CFR part 82 as-

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products that contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C.7671j(b), (c), (d), and (e) and 40 CFR part 82, subpart E, as follows:

Warning

Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

(c) Reporting. For equipment and appliances that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons, the Contractor shall-

(1) Track on an annual basis, between October 1 and September 30, the amount in pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons contained in the equipment and appliances delivered to the Government under this contract by-

(i) Type of hydrofluorocarbon (e.g., HFC-134 a, HFC-125, R-410 A, R-404 A, etc.);

(ii) Contract number; and

(iii) Equipment/appliance;

(2) Report that information to the Contracting Officer for FY16 and to www.sam.gov, for FY17 and after-

(i) Annually by November 30 of each year during contract performance; and

(ii) At the end of contract performance.

(d) The Contractor shall refer to EPA's SNAP program (available at http://www.epa.gov/snap) to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82 subpart G with supplemental tables available at http://www.epa.gov/snap.

(End of clause)

52.228-11 Pledges of Assets. (DEVIATION 2020-O0016)

As prescribed in 28.203-6, insert the following clause: PLEDGES OF ASSETS (APR 2020)(DEVIATION 2020-O0016)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee, a performance bond, or a payment bond--

(1) Pledge of assets; and

(2) Standard Form 28, Affidavit of Individual Surety, except that the words "being duly sworn, depose and say" on the Standard Form 28 are replaced with the word "affirm" and the Standard Form 28 is not required to be sworn and notarized in block 12.

(b) Pledges of assets from each person acting as an individual surety shall be in the form of--

(1) Evidence of an escrow account containing cash, certificates of deposit, commercial or Government securities, or other assets described in FAR 28.203-2 (except see 28.203-2(b)

(2) with respect to Government securities held in book entry form); and/or (2) A recorded lien on real estate. The offeror will be required to provide--

(i) A mortgagee title insurance policy, in an insurance amount equal to the amount of the lien, or other evidence of title that is consistent with the requirements of Section 2 of the United States Department of Justice Title Standard sat https://www.justice.gov/enrd/page/file/922431/download. This title evidence must show fee simple title vested in the surety along with any concurrent owners; whether any real estate taxes are due and payable; and any recorded encumbrances against the property, including the lien filed in favor of the Government as required by FAR 28.203-3(d);

(ii) Evidence of the amount due under any encumbrance shown in the evidence of title;

(iii) A copy of the current real estate tax assessment of the property or a current appraisal dated no earlier than 6months prior to the date of the bond, prepared by a professional appraiser who certifies that the appraisal has been conducted in accordance with the generally accepted appraisal standards as reflected in the Uniform Standards of Professional Appraisal Practice, as promulgated by the Appraisal Foundation.

(End of clause)

52.228-13 Alternative Payment Protections July 2020

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

Payment Bonds

Irrevocable Letter of Credit

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

(c) The submission of the payment protection is required within ___10___ days of contract award.

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

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

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

(End of clause)

52.228-15 Performance and Payment Bonds-Construction.

As prescribed in 28.102-3(a), insert a clause substantially as follows:

PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (APR 2020)(DEVIATION 2020-O0016)

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

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:(1) Performance bonds (Standard Form 25, except that no seal is required). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment bonds (Standard Form 25A, except that no seal is required). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall bein the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States.

Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C.3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of clause)

DFARS Clauses Incorporated by Reference

Number Title Effective Date

252.204-7000 Disclosure of Information Oct 2016

252.204-7022 Expediting Contract Closeout May 2021

252.211-7007 Reporting of Government-Furnished Property Mar 2022

252.242-7006 Accounting System Administration Feb 2012

252.244-7000 Subcontractors for Commercial Items and Commercial Components (DoD Contracts) Jan 2021

252.247-7001 Tagging, Labeling, and Marking of Government-Furnished Property Apr 2012

252.245-7001 Reporting Loss of Government Property Jan 2021

252.245-7003 Contractor Property Management System Administration Apr 2012

DFARS Clauses Incorporated by Full Text

Number Title Effective Date

252.203-7004 Display of Hotline Posters (Jan 2023)

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

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) . Display of hotline poster(s)

(1)(i) The Contractor shall display prominently the DoD fraud, waste, and abuse hotline poster prepared by the DoD Office of the Inspector General, in effect at time of contract award, in common work areas within business segments performing work under Department of Defense (DoD) contracts.

(ii) For contracts performed outside the United States, when security concerns can be appropriately demonstrated, the contracting officer may provide the contractor the option to publicize the program to contractor personnel in a manner other than public display of the poster, such as private employee written instructions and briefings.

(2) If the contract is funded, in whole or in part, by Department of Homeland Security (DHS) disaster relief funds and the work is to be performed in the United States, the DHS fraud hotline poster shall be displayed in addition to the DoD hotline poster. If a display of a DHS fraud hotline poster is required, the Contractor may obtain such poster from--

(i) DHS Office of Inspector General/MAIL STOP 0305, Attn: Office of Investigations - Hotline, 245 Murray Lane SW, Washington, DC 20528-0305;

or

(ii) Via the internet at https://www.oig.dhs.gov/assets/Hotline/DHS_OIG_Hotline-optimized.jpg.

(c)(1) The DoD hotline poster may be obtained from: Defense Hotline, The Pentagon, Washington, D.C. 20301-1900, or is also available via the internet at https://www.dodig.mil/Resources/Posters-and-Brochures/.

(2) If a significant portion of the employee workforce does not speak English, then the poster is to be displayed in the foreign languages that a significant portion of the employees speak.

(3) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the required poster at the website.

(d) . The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold Subcontracts specified in Defense Federal Acquisition Regulation Supplement (b)(2)(ii) on the date of subcontract award, except when the subcontract is 203.1004 for the acquisition of a commercial product or commercial service.

(End of clause)

252.223-7001 Hazard Warning Labels Dec 1991

(a) "Hazardous material," as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.

(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labelling requirements of one of the following statutes:

(1) Federal Insecticide, Fungicide and Rodenticide Act;

(2) Federal Food, Drug and Cosmetics Act;

(3) Consumer Product Safety Act;

(4) Federal Hazardous Substances Act; or

FA500023R0003

https://www.acquisition.gov/dfars/203.1004-contract-clauses.#DFARS_203.1004

(5) Federal Alcohol Administration Act.

(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labelled in accordance with one of the Acts in paragraphs (b)(1) through (5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.

MATERIAL (If None, Insert "None.") ACT

(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.

(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).

(End of clause)

252.245-7004 Reporting, Reutilization, and Disposal.

As prescribed in 245.107(5), use the following clause: REPORTING, REUTILIZATION, AND DISPOSAL (DEVIATION

2022-O0006)(NOV 2021)

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

(1) "Demilitarization" means the act of eliminating the functional capabilities and inherent military design features from DoD personal property. Methods and degree range from removal and destruction of critical features to total destruction by cutting, tearing, crushing, mangling, shredding, melting, burning, etc.

(2) "Export-controlled items" means items subject to the Export Administration Regulations (EAR) (15 CFR parts 730-774) or the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120-130). The term includes--(i) "Defense items," defined in the Arms Export Control Act, 22 U.S.C.2778(j)(4)(A), as defense articles, defense services, and related technical data, etc.;

and(ii) "Items," defined in the EAR as "commodities," "software," and "technology," terms that are also defined in the EAR, 15

CFR 772.1.

(3) "Ineligible transferees" means individuals, entities, or countries--(i) Excluded from Federal programs by the General Services Administration as identified in the System for Award Management Exclusions located at https://sam.gov;(ii) Delinquent on obligations to the U.S. Government under surplus sales contracts;(iii) Designated by the Department of Defense as ineligible, debarred, or suspended from defense contracts; or(iv) Subject to denial, debarment, or other sanctions under export control laws and related laws and regulations, and orders administered by the Department of State, the Department of Commerce, the Department of Homeland Security, or the Department of the Treasury.

(4) "Scrap" means property that has no value except for its basic material content. For purposes of demilitarization, scrap is defined as recyclable waste and discarded materials derived from items that have been rendered useless beyond repair, rehabilitation, or restoration such that the item's original identity, utility, form, fit, and function have been destroyed. Items can be classified as scrap if processed by cutting, tearing, crushing, mangling, shredding, or melting. Intact or recognizable components and parts are not "scrap."

(5) "Serviceable or usable property" means property with potential for reutilization or sale "as is" or with minor repairs or alterations.

(b) Inventory disposal schedules. Unless disposition instructions are otherwise included in this contract, the Contractor shall complete the Plant Clearance Inventory Schedule using the Plant Clearance capability of the Government Furnished Property

(GFP) Module of the Procurement Integrated Enterprise Environment (PIEE), an electronic equivalent of the SF form 1428, Inventory Disposal Schedule. Users may register for access and obtain training on the PIEE home page https://wawf.eb.mil/piee-landing.

(1) The Plant Clearance Inventory Schedule requires the following:

(i) If known, the applicable Federal Supply Code (FSC) for all items, except items in scrap condition.

(ii) If known, the manufacturer name for all aircraft components under Federal Supply Group (FSG) 16 or 17 and FSCs 2620, 2810, 2915, 2925, 2935, 2945,2995, 4920, 5821, 5826, 5841, 6340, and 6615.

(iii) The manufacturer name, make, model number, model year, and serial number for all aircraft under FSCs 1510 and 1520.

(iv) Appropriate Federal Condition Codes. See Appendix 2.5 of Volume 2of DLM 4000.25-2, Supply Standards and Procedures, edition in effect as of the date of this contract. Information on Federal Condition Codes can be obtained at https://www.dla.mil /Portals/104/Documents/DLMS/manuals/dlm/v2/Volume2Change13Files.pdf.

(2) If the schedules are acceptable, the plant clearance officer shall confirm acceptance in the GFP Module Plant Clearance capability, which will transmit an acceptance email to the contractor. The electronic acceptance is equivalent to the DD Form 1637, Notice of Acceptance of Inventory.

(c) Proceeds from sales of surplus property. Unless otherwise provided in the contract, the proceeds of any sale, purchase, or retention shall be--

(1) Forwarded to the Contracting Officer;

(2) Credited to the Government as part of the settlement agreement;

(3) Credited to the price or cost of the contract; or

(4) Applied as otherwise directed by the Contracting Officer.

(d) Demilitarization, mutilation, and destruction. If demilitarization, mutilation, or destruction of contractor inventory is required, the Contractor shall demilitarize, mutilate, or destroy contractor inventory, in accordance with the terms and conditions of the contract and consistent with Defense Demilitarization Manual, DoDM 4160.28-M, edition in effect as of the date of this contract. The plant clearance officer may authorize the purchaser to demilitarize, mutilate, or destroy as a condition of sale provided the property is not inherently dangerous to public health and safety.

(e) Classified Contractor inventory. The Contractor shall dispose of classified contractor inventory in accordance with applicable security guides and regulations or as directed by the Contracting Officer.

(f) Inherently dangerous Contractor inventory. Contractor inventory dangerous to public health or safety shall not be disposed of unless rendered innocuous or until adequate safeguards are provided.

(g) Contractor inventory located in foreign countries. Consistent with contract terms and conditions, property disposition shall be in accordance with foreign and U.S. laws and regulations, including laws and regulations involving export controls, host nation requirements, Final Governing Standards, and Government-to- Government agreements. The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is not established or limited by, the information provided by this clause.

(h) Disposal of scrap.

(1) Contractor with scrap procedures.

(i) The Contractor shall include within its property management procedure, a process for the accountability and management of Government-owned scrap. The process shall, at a minimum, provide for the effective and efficient disposition of scrap, including sales to scrap dealers, so as to minimize costs, maximize sales proceeds, and, contain the necessary internal controls for mitigating the improper release of non-scrap property.

(ii) The Contractor may commingle Government and contractor-owned scrap and provide routine disposal of scrap, with plant clearance officer concurrence, when determined to be effective and efficient.

FA500023R0003

https://wawf.eb.mil/piee-landing.

https://wawf.eb.mil/piee-landing.

https://www.dla.mil/Portals/104/Documents/DLMS/manuals/dlm/v2/Volume2Change13Files.pdf.

https://www.dla.mil/Portals/104/Documents/DLMS/manuals/dlm/v2/Volume2Change13Files.pdf.

(2) Scrap warranty. The plant clearance officer may require the Contractor to secure from scrap buyers a DD Form 1639, Scrap Warranty.

(i) Sale of surplus Contractor inventory.

(1) The Contractor shall conduct sales of contractor inventory (both useable property and scrap) in accordance with the requirements of this contract and plant clearance officer direction.

(2) Any sales contracts or other documents transferring title shall include the following statement:

"The Purchaser certifies that the property covered by this contract will be used in (name of country). In the event of resale or export by the Purchaser of any of the property, the Purchaser agrees to obtain the appropriate U.S. and foreign export or re-export license approval."(j) Restrictions on purchase or retention of Contractor inventory.

(1) The Contractor may not knowingly sell the inventory to any person or that person's agent, employee, or household member if that person--

(i) Is a civilian employee of the DoD or the U.S. Coast Guard;

(ii) Is a member of the armed forces of the United States, including the U.S. Coast Guard; or

(iii) Has any functional or supervisory responsibilities for or within the DoD's property disposal/disposition or plant clearance programs or for the disposal of contractor inventory.

(2) The Contractor may conduct Internet-based sales, to include use of a third party.

(3) If the Contractor wishes to bid on the sale, the Contractor or its employees shall submit bids to the plant clearance officer prior to soliciting bids from other prospective bidders.

(4) The Contractor shall solicit a sufficient number of bidders to obtain adequate competition. Informal bid procedures shall be used, unless the plant clearance officer directs otherwise. The Contractor shall include in its invitation forbids, the sales terms and conditions provided by the plant clearance officer.

(5) The Contractor shall solicit bids at least 15 calendar days before bid opening to allow adequate opportunity to inspect the property and prepare bids.

(6) For large sales, the Contractor may use summary lists of items offered as bid sheets with detailed descriptions attached.

(7) In addition to mailing or delivering notice of the proposed sale to prospective bidders, the Contractor may (when the results are expected to justify the additional expense) display a notice of the proposed sale in appropriate public places, e.g., publish a sales notice on the Internet in appropriate trade journals or magazines and local newspapers.

(8) The plant clearance officer or representative will witness the bid opening. The Contractor shall submit, either electronically or manually, two copies of the bid abstract.

(9) The following terms and conditions shall be included in sales contracts involving the demilitarization, mutilation, or destruction of property:

(i) Demilitarization, mutilation, or destruction on Contractor or subcontractor premises.