Solicitation - FA500420B0006.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

FA500420B0006

Section A - Solicitation/Contract Form

Section B - Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

FTQW 12-1012, REPAIR BLACKSTART

GENERATOR (6203) All work described in the contract, Drawings and Specifications, except for the items described below. This line includes stockpiling, sampling and test Manufacturer's Part Number: Null Product Service Code: Z2JZ Firm Fixed Price

CIN: 00000000000005182628

1.0 Job

REPAIR BLACKSTART GENERATOR

Disposal of PFOS or PFOA contaminated soil and replacement with imported structural fill. This line includes disposal of material that may also be contaminated with POL and PAHs, as well as PFOS and

PFOA.

Manufacturer's Part Number: Null Product Service Code: B532 Firm Fixed Price

CIN: 00000000000005182629

Cubic Yard

FTQW 12-1012, REPAIR BLACKSTART

GENERATOR (6203) Disposal of soil contaminated with POL and/or PAHs (but NOT contaminated with PFOS or PFOA) and replacement with imported structural fill.

Manufacturer's Part Number: Null Product Service Code: B532 Firm Fixed Price

CIN: 00000000000005182630

NTE:

310.0 Cubic

Yard

FTQW 12-1012, REPAIR BLACKSTART

GENERATOR (6203) Disposal of clean excavated soil that is either excess or doesn’ t meet the requirements of NSF structural fill and replacement with imported fill.

Manufacturer's Part Number: Null Product Service Code: Z2JZ Firm Fixed Price

CIN: 00000000000005182631

Cubic Yard

NTE:

310.0

NTE:

310.0

Section C - Description/Specifications/Statement of Work

Requirements Work includes replacement of the 2.5 MW diesel blackstart generator at Eielsons Central Heat and Power Plant (CHPP). Work includes replacement of radiator, muffler, stack, controls, day tank and related ancillary components; installation of new steel grate catwalks, concrete floor and radiator and muffler foundations;

replacement of the generator room HVAC system; demolition and reconstruction of the existing roof and upper walls of the blackstart generator room; and provision of a temporary blackstart-capable generator for use when needed during the construction period. a. See Section J for the list of attachments. b. The estimated magnitude is between $5,000,000 and $10,000,000 IAW FAR 36.204(g). c. The applicable NAICS is 236210 with a size standard of $36.5M d. Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

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

0001: Inspection and Acceptance Location

Both Destination

Instructions: All inspection/acceptance should be coordinated with the listed POC.

DoDAAC: F1U3C7 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

354 CES CECC

2310 CENTRAL AVE STE 3

AF BPN NO MILSBILLS PROCESSES, EIELSON AFB AK 99702 2299 United States Office Code:

Carl Heidel Telephone: 907-377-1146 Email: carl.heidel@us.af.mil

0002: Inspection and Acceptance Location:

Both Destination Instructions: All inspection/acceptance should be coordinated with the listed POC.

DoDAAC: F1U3C7 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

354 CES CECC

2310 CENTRAL AVE STE 3

AF BPN NO MILSBILLS PROCESSES, EIELSON AFB AK 99702 2299 United States

Office Code:

Carl Heidel Telephone: 907-377-1146 Email: carl.heidel@us.af.mil

0003: Inspection and Acceptance Location:

Both Destination Instructions: All inspection/acceptance should be coordinated with the listed POC.

DoDAAC: F1U3C7 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

354 CES CECC

2310 CENTRAL AVE STE 3

AF BPN NO MILSBILLS PROCESSES, EIELSON AFB AK 99702 2299 United States Office Code:

Carl Heidel

0004: Inspection and Acceptance Location:

Both Destination Instructions: All inspection/acceptance should be coordinated with the listed POC.

DoDAAC: F1U3C7 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

354 CES CECC

2310 CENTRAL AVE STE 3

AF BPN NO MILSBILLS PROCESSES, EIELSON AFB AK 99702 2299 United States Office Code:

Carl Heidel

Section F - Deliveries or Performance

Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to completion of performance 644 Calendar Days Date of Notice to Proceed Receipt

Ship To DoDAAC: F1U3C7 Cage:

DunsNumber:

Duns4Number:

CountryCode:

USAF:354 CES CECC

2310 CENTRAL AVE EIELSON AFB AK

99702OfficeCode:

Carl Heidel Telephone: 907-377-1146 Email:

Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to completion of performance 644 Calendar Days Date of Notice to Proceed Receipt

Ship To DoDAAC: F1U3C7 Cage:

DunsNumber:

Duns4Number:

CountryCode:

USAF:354 CES CECC

2310 CENTRAL AVE EIELSON AFB AK

99702OfficeCode:

Carl Heidel Telephone: 907-377-1146 Email:

Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to completion of performance 644 Calendar Days Date of Notice to Proceed Receipt

Ship To DoDAAC: F1U3C7 Cage:

DunsNumber:

Duns4Number:

CountryCode:

USAF:354 CES CECC

2310 CENTRAL AVE EIELSON AFB AK

99702OfficeCode:

Carl Heidel Telephone: 907-377-1146 Email:

Delivery Schedule Ship To Address

Ship To

Delivery Schedule From date of lead time event to completion of performance 644 Calendar Days Date of Notice to Proceed Receipt

DoDAAC: F1U3C7 Cage:

DunsNumber:

Duns4Number:

CountryCode:

USAF:354 CES CECC

2310 CENTRAL AVE EIELSON AFB AK

99702OfficeCode:

Carl Heidel

Email:

Section G - Contract Administration Data

Section H - Special Contract Requirements

Section I - Contract Clauses

AFFARS Clauses Incorporated by Reference

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

AFFARS Clauses Incorporated by Full Text

5352.201-9101 Ombudsman 6/1/2016

"(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Attention: AFICA/KH (Chief Enlisted Manager) 25 E Street, Suite B-100

JBPH-H, HI 96853-5427

Phone: (808) 449-8569

FAX: (808) 449-8571

(d) Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(e) The ombudsman has no authority to render a decision that binds the agency.

(f) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer."

5352.242-9000 Contractor Access to Air Force Installations 11/1/2012

"(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and <<1>> to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with <<2>> citing the appropriate paragraphs as applicable.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment."

CLAUSES INCORPORATED BY REFERENCE

CLAUSE

NO

CLAUSE TITLE YEAR-

MO

SECTION

252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 SEC I

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies.

2008-12 SEC I

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

252.203-7003 Agency Office of the Inspector General. As prescribed in 203.1004

(a), use the following clause:

2019-08 SEC I

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

As prescribed in 203.171-4(b), insert the following provision:

2011-11 SEC K

252.204-7000 Disclosure of Information 2016-10 SEC I 252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I 252.204-7006 Billing Instructions. 2005-10 SEC G

252.204-7008 Compliance with Safeguarding Covered Defense Information

Controls.

2016-10 SEC I

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident

Reporting.

2019-12 SEC I

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support.

2016-05 SEC I

252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12 SEC I

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

2019-05 SEC I

252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

2018-01 SEC L

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2010-12 SEC I 252.223-7004 Drug-Free Work Force. 1988-09 SEC I

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or

Hazardous Materials.

2014-09 SEC I

252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 SEC I 252.225-7001 Buy American and Balance of Payments Program. 2017-12 SEC I 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 SEC I 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 SEC I 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 SEC I 252.225-7048 Export-Controlled Items. 2013-06 SEC I

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

2019-04 SEC I

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 SEC G 252.232-7010 Levies on Contract Payments. 2006-12 SEC I 252.236-7000 Modification Proposals--Price Breakdown 1991-12 SEC G 252.236-7007 Additive or Deductive Items. 1991-12 SEC K 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 SEC I 252.242-7006 Accounting System Administration. 2012-02 SEC I 252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.243-7002 Requests for Equitable Adjustment. 2012-12 SEC I 252.244-7000 Subcontracts for Commercial Items 2013-06 SEC I

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military

Operations.

2010-10 SEC I

52.202-1 Definitions. 2013-11 SEC I 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. 2014-05 SEC I

Certification and Disclosure Regarding Payments to Influence

52.203-11 Certain Federal Transactions. 2007-09 SEC I 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10 SEC I 52.203-13 Contractor Code of Business Ethics and Conduct. 2015-10 SEC K

52.203-17 Contractor Employee Whistleblower Rights and Requirement To

Inform Employees of Whistleblower Rights.

2014-04 SEC I

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation.

2017-01 SEC I

52.203-5 Covenant Against Contingent Fees. 2014-05 SEC K 52.203-6 Restrictions on Subcontractor Sales to the Government. 2006-09 SEC I 52.203-7 Anti-Kickback Procedures. 2014-05 SEC I

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity.

2014-05 SEC I

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards.

2018-10 SEC I

52.204-13 System for Award Management Maintenance. 2018-10 SEC I 52.204-16 Commercial and Government Entity Code Reporting. 2016-07 SEC I 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 SEC K

52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities.

2018-07 SEC I

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content

Paper.

2011-05 SEC I

52.204-7 System for Award Management. 2018-10 SEC I 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 SEC I

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

2015-10 SEC K

52.209-9 Updates of Publicly Available Information Regarding Responsibility

Matters.

2018-10 SEC K

52.210-1 Market Research. 2011-04 SEC K 52.214-12 Preparation of Bids. 1984-04 SEC M 52.214-18 Preparation of Bids-Construction. 1984-04 SEC K 52.214-19 Contract Award-Sealed Bidding-Construction. 1996-08 SEC L 52.214-26 Audit and Records-Sealed Bidding. 2010-10 SEC K

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data-

Modifications-Sealed Bidding.

2011-08 SEC I

52.214-28 Subcontractor Certified Cost or Pricing Data-Modifications-Sealed

Bidding.

2010-10 SEC I

52.214-29 Order of Precedence-Sealed Bidding. 1986-01 SEC I 52.214-3 Amendments to Invitations for Bids. 2016-12 SEC I 52.214-34 Submission of Offers in the English Language. 1991-04 SEC L 52.214-35 Submission of Offers in U.S. Currency. 1991-04 SEC L 52.214-4 False Statements in Bids. 1984-04 SEC L 52.214-5 Submission of Bids. 2016-12 SEC L 52.214-6 Explanation to Prospective Bidders. 1984-04 SEC L 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids. 1999-11 SEC L 52.217-2 Cancellation Under Multi-year Contracts. 1997-10 SEC I

52.219-13 Notice of Set-Aside of Orders. 2011-11 SEC I 52.219-14 Limitations on Subcontracting. 2017-01 SEC I 52.219-6 Notice of Total Small Business Set-Aside. 2011-11 SEC I 52.219-8 Utilization of Small Business Concerns. 2018-10 SEC I 52.222-10 Compliance with Copeland Act Requirements. 1988-02 SEC I 52.222-11 Subcontracts (Labor Standards). 2014-05 SEC I

52.222-12 Contract Termination-Debarment. 2014-05 SEC I

52.222-13 Compliance with Construction Wage Rate Requirements and Related

Regulations.

2014-05 SEC I

52.222-14 Disputes Concerning Labor Standards. 1988-02 SEC I 52.222-15 Certification of Eligibility. 2014-05 SEC I 52.222-21 Prohibition of Segregated Facilities. 2015-04 SEC I 52.222-27 Affirmative Action Compliance Requirements for Construction. 2015-04 SEC I 52.222-37 Employment Reports on Veterans. 2016-02 SEC I 52.222-54 Employment Eligibility Verification. 2015-10 SEC I 52.222-55 Minimum Wages Under Executive Order 13658. 2015-12 SEC I 52.222-6 Construction Wage Rate Requirements. 2018-08 SEC I 52.222-62 Paid Sick Leave Under Executive Order 13706. 2017-01 SEC I 52.222-7 Withholding of Funds. 2014-05 SEC I 52.222-8 Payrolls and Basic Records. 2018-08 SEC I 52.222-9 Apprentices and Trainees. 2005-07 SEC I

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving.

2011-08 SEC I

52.223-19 Compliance with Environmental Management Systems. 2011-05 SEC I 52.223-21 Foams. 2016-06 SEC I 52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 SEC I 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 SEC I 52.228-11 Pledges of Assets. 2018-08 SEC I 52.228-12 Prospective Subcontractor Requests for Bonds. 2014-05 SEC I 52.228-14 Irrevocable Letter of Credit. 2014-11 SEC I 52.228-2 Additional Bond Security. 1997-10 SEC I 52.228-5 Insurance-Work on a Government Installation. 1997-01 SEC I 52.229-3 Federal, State, and Local Taxes. 2013-02 SEC I 52.232-15 Progress Payments Not Included. 1984-04 SEC M 52.232-17 Interest. 2014-05 SEC I 52.232-23 Assignment of Claims. 2014-05 SEC I

52.232-33 Payment by Electronic Funds Transfer-System for Award

Management.

2018-10 SEC I

52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 SEC I 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 SEC I 52.233-1 Disputes. 2014-05 SEC I 52.233-3 Protest after Award. 1996-08 SEC I 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I 52.236-10 Operations and Storage Areas. 1984-04 SEC I 52.236-11 Use and Possession Prior to Completion. 1984-04 SEC I 52.236-12 Cleaning Up. 1984-04 SEC I 52.236-13 Accident Prevention. 1991-11 SEC I 52.236-13 Accident Prevention. 1991-11 SEC I 52.236-15 Schedules for Construction Contracts. 1984-04 SEC I 52.236-2 Differing Site Conditions. 1984-04 SEC I 52.236-3 Site Investigation and Conditions Affecting the Work. 1984-04 SEC I 52.236-5 Material and Workmanship. 1984-04 SEC I 52.236-6 Superintendence by the Contractor. 1984-04 SEC I 52.236-7 Permits and Responsibilities. 1991-11 SEC I 52.236-8 Other Contracts. 1984-04 SEC I

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

1984-04 SEC I

52.242-13 Bankruptcy. 1995-07

52.242-14 1984-04 SEC I

52.243-1 1987-08 SEC I

52.243-4 2007-06 SEC I

52.244-6 2019-08 SEC I

52.246-12 1996-08 SEC E

52.247-15 1984-04 SEC I

52.247-34 1991-11 SEC F

52.247-5 1984-04 SEC I

52.249-10 1984-04 SEC I

52.249-2 2012-04 SEC I

52.203-19 2017-01 SEC I

52.222-40 2010-12 SEC I

52.222-50 2019-01 SEC I

52.228-15 2010-10 SEC I

52.232-11 1984-04 SEC I

52.232-27 2017-01 SEC I

52.232-8 2002-02 SEC I

52.236-21 1997-02 SEC I

52.236-26 1995-02 SEC I

52.246-21 1994-03 SEC I

52.247-12

Suspension of Work.

Changes-Fixed-Price.

Changes.

Subcontracts for Commercial Items.

Inspection of Construction.

Contractor Responsibility for Loading and Unloading.

F.o.b. Destination.

Familiarization with Conditions.

Default (Fixed-Price Construction).

Termination for Convenience of the Government (Fixed-Price).

Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

Notification of Employee Rights Under the National Labor Relations Act.

Combating Trafficking in Persons.

Performance and Payment Bonds-Construction.

Extras.

Prompt Payment for Construction Contracts.

Discounts for Prompt Payment.

Specifications and Drawings for Construction.

Preconstruction Conference.

Warranty of Construction.

Supervision, Labor, or Materials. 1984-04 SEC I

CLAUSES IN FULL TEXT

CLAUSE

NO

CLAUSE TITLE YEAR-

MO

CLAUSE TEXT

252.203-7004 Display of Hotline Posters. As prescribed in 203.1004(b)(2)(ii), use the following clause:

2019-08

DISPLAY OF HOTLINE POSTERS (AUG 2019)

(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 fro 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),Subcontracts in all subcontracts that exceed the threshold specified in Defense Federal Acquisition Regulation Supplement 203.1004(b)(2)(ii) on the date of subcontract award, except when the subcontract is for the acquisition of a commercial item.

(End of clause)

52.204-19 Incorporation by Reference of Representations and Certifications. 2014-12

As prescribed in , insert the following clause.4.1202(b)

Incorporation by Reference of Representations and Certifications (Dec 2014)

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

(End of clause)

52.222-26 Equal Opportunity. 2016-09

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

Equal Opportunity (Sept 2016)

. As used in this clause.(a) Definition

"Compensation" means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.

"Compensation information" means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.

"Essential job functions" means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if-

The access to compensation information is necessary in order to perform that function or(1) another routinely assigned business task; or

The function or duties of the position include protecting and maintaining the privacy of(2) employee personnel records, including compensation information.

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

"Sexual orientation" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

"United States," means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b)

If, during any 12-month period (including the 12 months preceding the award of this contract), the(1) Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States.

Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.

If the Contractor is a religious corporation, association, educational institution, or society, the(2) requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).

(c)

The Contractor shall not discriminate against any employee or applicant for employment because of(1) race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5.

The Contractor shall take affirmative action to ensure that applicants are employed, and that(2) employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to-

Employment;(i)

Upgrading;(ii)

Demotion;(iii)

Transfer;(iv)

Recruitment or recruitment advertising;(v)

Layoff or termination;(vi)

Rates of pay or other forms of compensation; and(vii)

Selection for training, including apprenticeship.(viii)

The Contractor shall post in conspicuous places available to employees and applicants for(3) employment the notices to be provided by the Contracting Officer that explain this clause.

The Contractor shall, in all solicitations or advertisements for employees placed by or on(4) behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(5)

The Contractor shall not discharge or in any other manner discriminate against any employee or(i) applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of(ii) this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by-

Incorporation into existing employee manuals or handbooks; and(A)

Electronic posting or by posting a copy of the provision in conspicuous places available(B) to employees and applicants for employment.

The Contractor shall send, to each labor union or representative of workers with which it has a(6) collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer 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.

The Contractor shall comply with Executive Order11246, as amended, and the rules,(7) regulations, and orders of the Secretary of Labor.

The Contractor shall furnish to the contracting agency all information required by Executive(8) Order11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form100 (EEO-1), or any successor form, as prescribed in 41 CFR Part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.

The Contractor shall permit access to its premises, during normal business hours, by the(9) contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order11246, as amended, and rules and regulations that implement the Executive Order.

If the OFCCP determines that the Contractor is not in compliance with this clause or any rule,(10) 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 Executive Order11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

The Contractor shall include the terms and conditions of this clause in every subcontract or(11) purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.

The Contractor shall take such action with respect to any subcontract or purchase order as the(12) 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 or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

Notwithstanding any other clause in this contract, disputes relative to this clause will be governed(d) by the procedures in 41 CFR 60-1.

52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. 2014-05

As prescribed in , insert the following provision:22.407(h)

Construction Wage Rate Requirements-Secondary Site of the Work (May 2014)

(a)

The offeror shall notify the Government if the offeror intends to perform work at any secondary site(1) of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the(2) work, the offeror shall request a determination from the Contracting Officer.

(b)

If the wage determination provided by the Government for work at the primary site of the work is not(1) applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

The due date for receipt of offers will not be extended as a result of an offeror's request for a(2) wage determination for a secondary site of the work.

(End of provision)

52.225-12 Notice of Buy American Requirement-Construction Materials Under Trade

Agreements.

2014-05

As prescribed in , insert the following provision:25.1102(d)(1)

Notice of Buy American Requirement-Construction Materials Under Trade Agreements (May 2014)

"Commercially available off-the-shelf (COTS) item," "construction material,"(a) Definitions.

"designated country construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American- Construction Materials Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225- 11).

. An offeror requesting a determination regarding the(b) Requests for determination of inapplicability inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

Evaluation of offers.(c)

The Government will evaluate an offer requesting exception to the requirements of the Buy American(1) statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

If evaluation results in a tie between an offeror that requested the substitution of foreign(2) construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

Alternate offers.(d)

When an offer includes foreign construction material, other than designated country construction(1) material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for(2) the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and

(d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

If the Government determines that a particular exception requested in accordance with(3) paragraph (c) of FARclause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-

Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or(i)

May be accepted if revised during negotiations.(ii)

(End of Provision)

52.225-12 Notice of Buy American Requirement-Construction Materials Under Trade

Agreements.

2014-05

As prescribed in , insert the following provision:25.1102(d)(1)

Notice of Buy American Requirement-Construction Materials Under Trade Agreements (May 2014)

"Commercially available off-the-shelf (COTS) item," "construction material,"(a) Definitions.

"designated country construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American- Construction Materials Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225- 11).

. An offeror requesting a determination regarding the(b) Requests for determination of inapplicability inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

Evaluation of offers.(c)

The Government will evaluate an offer requesting exception to the requirements of the Buy American(1) statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

If evaluation results in a tie between an offeror that requested the substitution of foreign(2) construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

Alternate offers.(d)

When an offer includes foreign construction material, other than designated country construction(1) material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for(2) the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and

(d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

If the Government determines that a particular exception requested in accordance with(3) paragraph (c) of FARclause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-

Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or(i)

May be accepted if revised during negotiations.(ii)

(End of Provision)

2009 . As prescribed in 25.1102(d)(3), add the definition of "Bahrainian, Mexican, or Alternate II ( June ) Omani construction material" to paragraph (a) and substitute the following paragraph (d) for paragraph

(d) of the basic provision:

(d) . (1) When an offer includes foreign construction material, except foreignAlternate offers construction material from a designated country other than Bahrain, Mexico, or Oman that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material other than Bahrainian, Mexican, or Omani construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material other than Bahrainian, Mexican, or Omani construction material. An offer based on use of the foreign construction material for which an exception was requested-

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.222-35 Equal Opportunity for Veterans. 2015-10

As prescribed in , insert the following clause:22.1310(a)(1)

Equal Opportunity for Veterans (Oct 2015)

. As used in this clause-(a) Definitions

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301.

Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity(b) clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or(c) more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-36 Equal Opportunity for Workers with Disabilities. 2014-07

As prescribed in , insert the following clause:22.1408(a)

Equal Opportunity for Workers with Disabilities (Jul 2014)

Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity(a) clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

Subcontracts. The Contractor shall include the terms of this clause in every subcontract or(b) purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.225-11 Buy American-Construction Materials under Trade Agreements. 2019-10

As prescribed in , insert the following clause:25.1102(c)

Buy American-Construction Materials under Trade Agreements (Oct 2019)

. As used in this clause-(a) Definitions

"Caribbean Basin country construction material" means a construction material that-

Is wholly the growth, product, or manufacture of a Caribbean Basin country; or(1)

In the case of a construction material that consists in whole or in part of materials from another(2) country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

"Commercially available off-the-shelf (COTS) item"-

Means any item of supply (including construction material) that is-(1)

A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);(i)

Sold in substantial quantities in the commercial marketplace; and(ii)

Offered to the Government, under a contract or subcontract at any tier, without(iii) modification, in the same form in which it is sold in the commercial marketplace; and

Does not include bulk cargo, as defined in 46 U.S.C.40102(4), such as agricultural products(2) and petroleum products.

"Component" means an article, material, or supply incorporated directly into a construction material.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work.