Solicitation - FA527024R0013.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

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

9. FOR

INFORMATION CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

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

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

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

is, is not required.

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

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

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

AWARD (To be completed by Government)

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

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

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

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

30b. SIGNATURE 30c. DATE

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

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

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

CODE AT

27. PAYMENT WILL BE MADE BY

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

20b. SIGNATURE 20c. OFFER DATE

Section A - Solicitation/Contract Form

Project LXEZ244572 Radon Mitigation System 251 Units

Product Service Code: Z2FA Date: 24 Apr 2024

FA527024R0013

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies / Services Quantity Unit Unit Price Amount

The Contractor shall furnish all labor, materials, equipment, tools, testing, plan, design, and management to upgrade or install reliable and functional radon mitigation system for 180 housing units to include Military Family Housing (MFH) located in Kadena Air Base and US Marine Corps Camps on Okinawa, Japan. Work includes but is not limited to pre-installation inspection, gathering of relevant site data, and review of existing drawings and radon sampling data.

Determine size, location, and configuration of radon mitigation systems to continuously maintain radon levels under 0.8 Working Level Months per year (WLM/yr) or 4 pico-Curies per liter (pCi/L) for the housing unit.

For additional details see Statement of Work (SOW) Dated: July

Product Service Code: Z2FA Pricing Arrangement: Firm Fixed Price

1 Project

The Contractor shall furnish all labor, materials, equipment, tools, testing, plan, design, and management to upgrade or install reliable and functional radon mitigation system for twenty (20) housing units to include Military Family Housing (MFH) located in Kadena Air Base and US Marine Corps Camps on Okinawa, Japan. Work includes but is not limited to pre-installation inspection, gathering of relevant site data, and review of existing drawings and radon sampling data. Determine size, location, and configuration of radon mitigation systems to continuously maintain radon levels under 0.8 Working Level Months per year (WLM/yr) or 4 pico-Curies per liter (pCi/L) for the housing unit.

For additional details see Statement of Work (SOW) Dated: July

Product Service Code: Z2FA Pricing Arrangement: Firm Fixed Price

1 Project

The Contractor shall furnish all labor, materials, equipment, tools, testing, plan, design, and management to upgrade or install reliable and functional radon mitigation system for twenty (20) housing units to include Military Family Housing (MFH) located in Kadena Air Base and US Marine Corps Camps on Okinawa, Japan. Work includes but is not limited to pre-installation inspection, gathering of relevant site data, and review of existing drawings and radon sampling data. Determine size, location, and configuration of radon mitigation systems to continuously maintain radon levels under 0.8 Working Level Months per year (WLM/yr) or 4 pico-Curies per liter (pCi/L) for the housing unit.

For additional details see Statement of Work (SOW) Dated: July

Product Service Code: Z2FA Pricing Arrangement: Firm Fixed Price

1 Project

The Contractor shall furnish all labor, materials, equipment, tools, testing, plan, design, and management to upgrade or install reliable and functional radon mitigation system for twenty (20) housing units to include Military Family Housing (MFH) located in Kadena Air Base and US Marine Corps Camps on Okinawa, Japan. Work includes but is not limited to pre-installation inspection, gathering of relevant site data, and review of existing drawings and radon sampling data. Determine size, location, and configuration of radon mitigation systems to continuously maintain radon levels under 0.8 Working Level Months per year (WLM/yr) or 4 pico-Curies per liter (pCi/L) for the housing unit.

For additional details see Statement of Work (SOW) Dated: July

Product Service Code: Z2FA Pricing Arrangement: Firm Fixed Price

1 Project

The Contractor shall furnish all labor, materials, equipment, tools, testing, plan, design, and management to upgrade or install reliable and functional radon mitigation system for eleven (11) housing units to include Military Family Housing (MFH) located in Kadena Air Base and US Marine Corps Camps on Okinawa, Japan. Work includes but is not limited to pre-installation inspection, gathering of relevant site data, and review of existing drawings and

1004 radon sampling data. Determine size, location, and configuration of radon mitigation systems to continuously maintain radon levels under 0.8 Working Level Months per year (WLM/yr) or 4 pico-Curies per liter (pCi/L) for the housing unit.

For additional details see Statement of Work (SOW) Dated: July

Product Service Code: Z2FA Pricing Arrangement: Firm Fixed Price

1 Project

Section C - Description/Specifications/Statement of Work

Requirements The Contractor shall furnish all labor, materials, equipment, tools, testing, plan, design, and management to upgrade or install reliable and functional radon mitigation system for 251 housing units. The Contractor shall provide all labor, materials, equipment, transportation, supervision, quality control, and other items necessary to design, manage and accomplish repair /upgrade or install new radon mitigation systems (sub-slab suction or depressurization or positive pressure ventilation) 251 housing units. Work will be comprised of Military Family Housing (MFH) located in Kadena Air Base and U.S. Marine Corps Camps on Okinawa, Japan.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.246-12 Inspection of Construction. Aug 1996

Overall Contract Inspection/Acceptance Locations

Acceptance Location

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

DoDAAC: FA5270 CountryCode: USA

FA5270 18 CONS PK

(ADMIN ONLY NO REQTN) UNIT 5199, APO AP 96368-

APO, AP 96368-5199

UNITED STATES

Malinda Richardson Email: malinda.richardson@us.af.mil Telephone: 634-4656

Inspection Location

Inspection Destination Instructions: See Statement of Work (SOW) for Acceptance /inspection criteria.

DoDAAC: F2H2B9 CountryCode: USA

718 CES

AF BPN NO MILSBILLS PROCESSES, UNIT 5261

APO, AP 96368-5261

UNITED STATES

Katsuo Hayashi Email: katsuo.hayashi.1.ctr.jp@us.af.mil Telephone: 632-7067

Acceptance Location

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

DoDAAC: FA5270 CountryCode: USA

FA5270 18 CONS PK

(ADMIN ONLY NO REQTN) UNIT 5199, APO AP 96368-

APO, AP 96368-5199

UNITED STATES

Malinda Richardson Email: Malinda.Richardson@us.af.mil Telephone: 634-4656

Inspection Location

Inspection Destination Instructions: See Statement of Work (SOW) for Acceptance /inspection criteria.

DoDAAC: F2H2B9 CountryCode: USA

718 CES

AF BPN NO MILSBILLS PROCESSES, UNIT 5261

APO, AP 96368-5261

UNITED STATES

Katsuo Hayashi Email: katsuo.hayashi.1.ctr.jp@us.af.mil Telephone: 632-7067

Acceptance Location

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

DoDAAC: FA5270 CountryCode: USA

FA5270 18 CONS PK

(ADMIN ONLY NO REQTN) UNIT 5199, APO AP 96368-

APO, AP 96368-5199

Inspection Location

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

DoDAAC: F2H2B9 CountryCode: USA

718 CES

AF BPN NO MILSBILLS PROCESSES, UNIT 5261

APO, AP 96368-5261

UNITED STATES

UNITED STATES

Malinda Richardson Email: malinda.richardson@us.af.mil Telephone: 634-4656

Katsuo Hayashi Email: katsuo.hayashi.1.ctr.jp@us.af.mil Telephone: 632-7067

Acceptance Location

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

DoDAAC: FA5270 CountryCode: USA

FA5270 18 CONS PK

(ADMIN ONLY NO REQTN) UNIT 5199, APO AP 96368-

APO, AP 96368-5199

UNITED STATES

Malinda Richardson Email: Malinda.Richardson@us.af.mil Telephone: 634-4656

Inspection Location

Inspection Destination Instructions: See Statement of Work (SOW) for Acceptance /inspection criteria.

DoDAAC: F2H2B9 CountryCode: USA

718 CES

AF BPN NO MILSBILLS PROCESSES, UNIT 5261

APO, AP 96368-5261

UNITED STATES

Katsuo Hayashi Email: katsuo.hayashi.1.ctr.jp@us.af.mil Telephone: 632-7067

Acceptance Location

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

DoDAAC: FA5270 CountryCode: USA

FA5270 18 CONS PK

(ADMIN ONLY NO REQTN) UNIT 5199, APO AP 96368-

APO, AP 96368-5199

UNITED STATES

Malinda Richardson Email: Malinda.Richardson@us.af.mil Telephone: 634-4656

Inspection Location

Inspection Destination Instructions: See Statement of Work (SOW) for Acceptance /inspection criteria.

DoDAAC: F2H2B9 CountryCode: USA

718 CES

AF BPN NO MILSBILLS PROCESSES, UNIT 5261

APO, AP 96368-5261

UNITED STATES

Katsuo Hayashi Email: katsuo.hayashi.1.ctr.jp@us.af.mil Telephone: 632-7067

Section F - Deliveries or Performance

Overall Contract Delivery Period

From date of lead time event to beginning of performance 5 Calendar Days Date of Notice to Proceed Receipt

From date of lead time event to completion of performance 360 Calendar Days Date of Notice to Proceed Receipt

Line Item Delivery Schedule Quantity Address and POC

Delivery Schedule From date of lead time event to completion of performance 360 Calendar Days Date of Notice to Proceed Receipt

1 Project Place of Performance DoDAAC: FA5270 CountryCode: USA

FA5270 18 CONS PK

(ADMIN ONLY NO REQTN) UNIT 5199, APO AP

96368-5199

APO, AP 96368-5199

UNITED STATES

Delivery Schedule From date of lead time event to completion of performance 8 Calendar Days Date of Notice to Proceed Receipt

1 Project Place of Performance DoDAAC: FA5270 CountryCode: USA

FA5270 18 CONS PK

(ADMIN ONLY NO REQTN) UNIT 5199, APO AP

96368-5199

APO, AP 96368-5199

UNITED STATES

Delivery Schedule From date of lead time event to completion of performance 8 Calendar Days Date of Notice to Proceed Receipt

1 Project Place of Performance DoDAAC: FA5270 CountryCode: USA

FA5270 18 CONS PK

(ADMIN ONLY NO REQTN) UNIT 5199, APO AP

96368-5199

APO, AP 96368-5199

UNITED STATES

Delivery Schedule From date of lead time event to completion of performance 8 Calendar Days Date of Notice to Proceed Receipt

1 Project Place of Performance DoDAAC: FA5270 CountryCode: USA

FA5270 18 CONS PK

(ADMIN ONLY NO REQTN) UNIT 5199, APO AP

96368-5199

APO, AP 96368-5199

UNITED STATES

Delivery Schedule From date of lead time event to completion of performance 4 Calendar Year Date of Notice to Proceed Receipt

1 Project Place of Performance DoDAAC: FA5270 CountryCode: USA

FA5270 18 CONS PK

(ADMIN ONLY NO REQTN) UNIT 5199, APO AP

96368-5199

APO, AP 96368-5199

UNITED STATES

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.247-34 F.o.b. Destination. Nov 1991

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.204-7006 Billing Instructions-Cost Vouchers May 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7008 Assignment of Claims (Overseas). Jun 1997 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

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

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

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

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

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

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

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

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

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

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

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

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

Protocol.

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

WAWF for this contract or task or delivery order:

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

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

(ii) For fixed price line items-

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

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

____Construction and Facilities Management Invoice.

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

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

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

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

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

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

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

when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F87700

Issue By DoDAAC FA5270

Admin DoDAAC FA5270

Inspect By DoDAAC FA5270

Ship To Code F2H2B9

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) N/A

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(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.

__18CONS.LGCC@us.af.mil and__Malinda.Richardson@us.af.mil

(Contracting Officer: Insert applicable information or "Not applicable.")

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

(End of clause)

Section H - Special Contract Requirements

Section I - Contract Clauses

Clauses Incorporated by Reference

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021)

FAR 52.228-15 DEVIATION 2020-O0016 Performance and Payment Bonds - Construction

52.243-4 Changes. (June 2007)

52.244-6 Subcontracts for Commercial Products and Commercial Services. (Feb 2024)

Clauses Incorporated by Full Text

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

As prescribed in , insert the following clause: (a)3.104-9

Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity ( 2014)May

(a) If the Government receives information that a contractor or a person has violated 41 U.S.C.2102-2104, Restrictions on Obtaining and Disclosing Certain Information, the Government - may

(1) Cancel the , if the contract has not yet been awarded or issued; or solicitation

(2) Rescind the contract with respect to which-

(i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct violates 41 U.S.C.2102 for the purpose of either-

(A) Exchanging the information covered by such subsections for anything of value; or

(B) Obtaining or giving anyone a competitive advantage in the award of a contract; or Federal agency procurement

(ii) The has determined, based upon a , that the Contractor or someone acting for the head of the contracting activity preponderance of the evidence Contractor has engaged in conduct punishable under 41 U.S.C.2105(a).

(b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract.

(c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law, regulation, or under this contract.

(End of clause)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity.

As prescribed in , insert the following clause: (b)3.104-9

Price or Fee Adjustment for Illegal or Improper Activity ( 2014)May

(a) The Government, at its election, reduce the price of a fixed-price type contract and the total cost and fee under a cost-type contract by the may amount of profit or fee determined as set forth in paragraph (b) of this clause if the or designee determines that there head of the contracting activity was a violation of 41 U.S.C.2102 or 2103, as implemented in section of the Federal Regulation. 3.104 Acquisition

FA527024R0013

https://www.acquisition.gov/far/part-3#FAR_3_104_9 https://www.acquisition.gov/far/part-3#FAR_3_104_9 https://www.acquisition.gov/far/part-3#FAR_3_104

(b) The price or fee reduction referred to in paragraph (a) of this clause be- shall

(1) For cost-plus-fixed-fee contracts, the amount of the fee specified in the contract at the time of award;

(2) For cost-plus-incentive-fee contracts, the target fee specified in the contract at the time of award, notwithstanding any minimum fee or "fee floor" specified in the contract;

(3) For cost-plus-award-fee contracts-

(i) The base fee established in the contract at the time of contract award;

(ii) If no base fee is specified in the contract, 30 percent of the amount of each award fee otherwise payable to the Contractor for each award fee evaluation period or at each award fee determination point.

(4) For fixed-price-incentive contracts, the Government - may

(i) Reduce the contract target price and contract target profit both by an amount equal to the initial target profit specified in the contract at the time of contract award; or

(ii) If an immediate adjustment to the contract target price and contract target profit would have a significant adverse impact on the incentive price revision relationship under the contract, or adversely affect the contract financing provisions, the defer such adjustment until Contracting Officer may establishment of the total final price of the contract. The total final price established in accordance with the incentive price revision provisions of the contract be reduced by an amount equal to the initial target profit specified in the contract at the time of contract award and such reduced price shall be the total final contract price.shall

(5) For firm-fixed-price contracts, by 10 percent of the initial contract price or a profit amount determined by the from records or Contracting Officer documents in existence prior to the date of the contract award.

(c) The Government , at its election, reduce a prime contractor's price or fee in accordance with the procedures of paragraph (b) of this clause for may violations of the statute by its subcontractors by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was first definitively priced.

(d) In addition to the remedies in paragraphs (a) and (c) of this clause, the Government terminate this contract for default. The rights and may remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

52.204-26 Covered Telecommunications Equipment or Services-Representation.

As prescribed in , insert the following provision: (c)4.2105

Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause , Prohibition on for Certain Telecommunications and Video Surveillance Services or Equipment. 52.204-25 Contracting

(b) Procedures. The review the list of excluded parties in the ) ( ) for entities Offeror shall System for Award Management (SAM https://www.sam.gov excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

(1) Representation. The represents that it does, does not provide covered telecommunications equipment or services as a part of its offered Offeror or services to the Government in the performance of any contract, subcontract, or other contractual instrument.products

(2) After conducting a reasonable inquiry for purposes of this representation, the represents that it does, does not use covered offeror telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.

FA527024R0013

https://www.acquisition.gov/far/part-4#FAR_4_2105 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/

As prescribed in , insert the following clause: 26.605

Encouraging Contractor Policies to Ban While Driving ( 2024) Text Messaging MAY

(a) Definitions. As used in this clause-

"Driving"-

(1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.

(2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.

Text messaging means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park.

(b) This clause implements Executive Order 13513, Federal Leadership on Reducing While Driving, dated October 1, 2009. Text Messaging

(c) The Contractor is encouraged to-

(1) Adopt and enforce policies that ban while driving- text messaging

(i) Company-owned or rented vehicles or Government-owned vehicles; or

(ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.

(2) Conduct initiatives in a manner commensurate with the size of the business, such as-

(i) Establishment of new rules and programs or reevaluation of existing programs to prohibit while driving; and text messaging

(ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

(d) Subcontracts. The Contractor insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the shall micro- , as defined in Federal Regulation on the date of subcontract award.purchase threshold Acquisition 2.101

(End of clause)

52.229-11 Tax on Certain Foreign Procurements--Notice and Representation.

As prescribed in , insert the following provision: (a)29.402-3

Tax on Certain Foreign --Notice and Representation (Jun 2020) Procurements

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

Foreign person means any person other than a . United States person

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign party that is for goods, contracting manufactured or produced, or services provided in a foreign country that is not a party to an international agreement with the procurement United

. For purposes of the prior sentence, a foreign country does not include an outlying area.States

United States person as defined in (a)(30) means 26 U.S.C. 7701

(1) A citizen or resident of the ; United States

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of (a)(31)); and 26 U.S.C. 701

(5) Any trust if-

FA527024R0013

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(i) A court within the is able to exercise primary supervision over the administration of the trust; and United States

(ii) One or more have the authority to control all substantial decisions of the trust. United States persons

(b) Unless exempted, there is a 2 percent tax of the amount of a on any receiving such specified Federal procurement payment foreign person payment. See and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7. 26 U.S.C. 5000C

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The would an exemption Offeror claim from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Party Contracting Receiving Federal Payments, available via the internet at . Any exemption claimed and self-certified on the IRS Form Procurement www.irs.gov/w14 W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS. 26 U.S.C. 5000C

(d) For purposes of withholding under , the represents that 26 U.S.C. 5000C Offeror

(1) It is is not a ; and foreign person

(2) If the indicates "is" in paragraph (d)(1) of this provision, then the represents that--I am claiming on the IRS Form W-14 a full Offeror Offeror exemption, or partial or no exemption [ select one] from the excise tax. Offeror shall

(e) If the represents it is a in paragraph (d)(1) of this provision, then-- Offeror foreign person

(1) The clause at FAR , Tax on Certain Foreign , will be included in any resulting contract; and 52.229-12 Procurements

(2) The submit with its the IRS Form W-14. If the IRS Form W-14 is not submitted with the , exemptions will not be applied Offeror shall offer offer to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the will be subject to Offeror Offeror withholding in accordance with the clause at FAR , Tax on Certain Foreign , in any resulting contract. 52.229-12 Procurements

(g) A taxpayer , for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a may private letter ruling. Also, the IRS publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related may statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to . https://www.irs.gov/help/tax-law-questions

(End of provision)

52.229-12 Tax on Certain Foreign Procurements.

As prescribed in , insert the following clause: (b)29.402-3

Tax on Certain Foreign --Notice and Representation (Feb 2021) Procurements

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

Foreign person means any person other than a . United States person

United States person, as defined in (a)(30), means- 26 U.S.C. 7701

(1) A citizen or resident of the ; United States

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of (a)(31)); and 26 U.S.C. 7701

(5) Any trust if-

(i) A court within the is able to exercise primary supervision over the administration of the trust; and United States

(ii) One or more have the authority to control all substantial decisions of the trust. United States persons

(b) This clause applies only to . It implements and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000 foreign persons 26 U.S.C. 5000C C-7.

(c)

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(1) If the Contractor is a and has only a partial or no exemption to the withholding, the Contractor include the Department of the foreign person shall Treasury Internal Revenue Service Form W-14, Certificate of Foreign Party Receiving Federal Payments, with each Contracting Procurement voucher or submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the invoice payment level, not at the contract level. The Contractor revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to should that particular , such as a different exemption applying. In the absence of a completed IRS Form W-14 accompanying a payment request, the invoice default withholding percentage is 2 percent for the section 5000C withholding for that payment request. Information about IRS Form W-14 and its separate instructions is available via the internet at . www.irs.gov/w14

(2) If the Contractor is a and has indicated in its in the provision , Tax on Certain Foreign --Notice and foreign person offer 52.229-11 Procurements Representation, that it is fully exempt from the withholding, and certified the full exemption on the IRS Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the Contractor - shall

(i) Notify the within 30 days of a change in circumstances that causes the Contractor to be subject to the excise tax withholding Contracting Officer under ; and 26 U.S.C. 5000C

(ii) Comply with paragraph (c)(1) of this clause.

(d) The Government will withhold a full 2 percent of each payment unless the Contractor an exemption. If the Contractor enters a ratio in Line claims 12 of the IRS Form W-14, the result of Line 11 divided by Line 10, the Government will withhold from each payment an amount equal to 2 percent multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form W-14 (rather than completes Lines 10 through 12), the Contractor must identify and enter the specific exempt and nonexempt amounts in Line 15 of the IRS Form W-14; the Government will then withhold 2 percent only from the nonexempt amount. See the IRS Form W-14 and its instructions.

(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C-1(d)(5) through (7). Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the tax are 26 U.S.C. 5000C adjudicated by the IRS as the tax is a tax matter, not a contract issue. 26 U.S.C. 5000C

(f) Taxes imposed under not be-- 26 U.S.C. 5000C may

(1) Included in the contract price; nor

(2) Reimbursed.

(g) A taxpayer , for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a may private letter ruling. Also, the IRS publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related may statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to . https://www.irs.gov/help/tax-law-questions

(End of clause)

52.236-12 Cleaning Up.

As prescribed in , insert the following clause: 36.512

Cleaning Up (Apr 1984)

The Contractor at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the shall work, the Contractor remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of shall the Government. Upon completing the work, the Contractor leave the work area in a clean, neat, and orderly condition satisfactory to the shall

.Contracting Officer

(End of clause)

52.249-2 Termination for Convenience of the Government (Fixed-Price).

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Alternate I (Sept 1996). If the contract is for construction, substitute the following paragraph (g) for paragraph (g) of the basic clause:

(g) If the Contractor and fail to agree on the whole amount to be paid the Contractor because of the termination of work, the Contracting Officer pay the Contractor the amounts determined as follows, but without duplication of any amounts agreed upon under paragraph Contracting Officer shall

(f) of this clause:

(1) For contract work performed before the , the total (without duplication of any items) of- effective date of termination

(i) The cost of this work;

(ii) The cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated if not included in subdivision (g)(1)(i) of this clause; andportion of the contract

(iii) A sum, as profit on subdivision (g)(1)(i) of this clause, determined by the under of the Federal Regulation, Contracting Officer 49.202 Acquisition in effect on the date of this contract, to be fair and reasonable; however, if it appears that the Contractor would have sustained a loss on the entire contract had it been completed, the allow no profit under this subdivision (g)(1)(iii) and reduce the settlement to reflect Contracting Officer shall shall the indicated rate of loss.

(2) The reasonable costs of settlement of the work terminated, including-

(i) Accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting data;

(ii) The termination and settlement of subcontracts (excluding the amounts of such settlements); and

(iii) Storage, transportation, and other costs incurred, reasonably necessary for the preservation, protection, or disposition of the . termination inventory

IIAlternate (Sept 1996). If the contract is with an agency of the U.S. Government or with State, local, or foreign governments or their agencies, and if the determines that the requirement to pay interest on excess partial payments is inappropriate, delete paragraph (m)(2) of the Contracting Officer basic clause.

IIIAlternate (Sept 1996). If the contract is for and with an agency of the U.S. Government or with State, local, or foreign governments or construction their agencies, substitute the following paragraph (g) for paragraph (g) of the basic clause. Paragraph (m)(2) be deleted from the basic clause if may the determines that the requirement to pay interest on excess partial payments is inappropriate. Contracting Officer

(g) If the Contractor and fail to agree on the whole amount to be paid the Contractor because of the termination of work, the Contracting Officer pay the Contractor the amounts determined as follows, but without duplication of any amounts agreed upon under paragraph Contracting Officer shall

(f) of this clause:

(1) For contract work performed before the , the total (without duplication of any items) of- effective date of termination

(i) The cost of this work;

(ii) The cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated if not included in subdivision (g)(1)(i) of this clause; andportion of the contract

(iii) A sum, as profit on subdivision (g)(1)(i) of this clause, determined by the under of the Federal Regulation, Contracting Officer 49.202 Acquisition in effect on the date of this contract, to be fair and reasonable; however, if it appears that the Contractor would have sustained a loss on the entire contract had it been completed, the allow no profit under this subdivision(iii) and reduce the settlement to reflect the Contracting Officer shall shall indicated rate of loss.

(2) The reasonable costs of settlement of the work terminated, including-

(i) Accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting data;

(ii) The termination and settlement of subcontracts (excluding the amounts of such settlements); and

(iii) Storage, transportation, and other costs incurred, reasonably necessary for the preservation, protection, or disposition of the . termination inventory

DFRARS Clause Incorporate by Reference

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252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. (May 2024) (Deviation 2024-

O0013 Revision 1)

252.204-7019 Notice of NISTSP 800-171 DoD Assessment Requirements. (NOV 2023)

252.204-7020 NIST SP 800-171DoD Assessment Requirements. (NOV 2023)

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. (JAN 2023)

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.

Dec 2023

52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-50 Combating Trafficking in Persons. Nov 2021 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.232-17 Interest. May 2014 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-1 Disputes. May 2014 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.236-2 Differing Site Conditions. Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work. Apr 1984 52.236-5 Material and Workmanship. Apr 1984 52.236-6 Superintendence by the Contractor. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.236-8 Other Contracts. Apr 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. Apr 1984 52.236-10 Operations and Storage Areas. Apr 1984 52.236-11 Use and Possession Prior to Completion. Apr 1984 52.236-13 Accident Prevention. Nov 1991 52.236-15 Schedules for Construction Contracts. Apr 1984

52.236-17 Layout of Work. Apr 1984 52.236-21 Specifications and Drawings for Construction. Feb 1997 52.242-13 Bankruptcy. Jul 1995 52.242-14 Suspension of Work. Apr 1984 52.249-10 Default (Fixed-Price Construction). Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

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

Jan 2023

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

May 2019

252.222-7002 Compliance with Local Labor Laws (Overseas). Jun 1997 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7041 Correspondence in English. Jun 1997 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.232-7010 Levies on Contract Payments. Dec 2006 252.233-7001 Choice of Law (Overseas). Jun 1997 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. (Dec 1989)

As prescribed in , insert the following clause:4.103

Approval of Contract (Dec 1989)

This contract is subject to the written approval of and shall not be binding until so approved.the Contracting Officer

(End of clause)

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

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

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

The Contractor shall be required to (a) commence work under this contract within calendar days after the date the Contractor receives the notice to 5 proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than The time stated for completion 360 days.

shall include final cleanup of the premises.

(End of clause)

52.211-12 Liquidated Damages-Construction. (Sep 2000)

As prescribed in , insert the following clause in solicitations and contracts:11.503(b)

Liquidated Damages-Construction (Sept 2000)

If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the (a) Government in the amount of for each calendar day of delay until the work is completed or accepted.JPY 96,267.30

If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These (b) liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.232-5 Payments under Fixed-Price…