Solicitation - FA557521B0005.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

FA557521B0005

Section A - Solicitation/Contract Form

Section B - Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Non-personal services to provide personnel, labor, tools, materials and equipment necessary to perform work in accordance with project QUUG 13-1005 technical specifications and drawings.

Firm Fixed Price

CIN: 00000000000006440234

1 Lot

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.229-7005 Tax Exemptions (Spain). 2012-03

DFARS Clauses Incorporated by Full Text

252.229-7004 Status of Contractor as a Direct Contractor (Spain). 1997-06

As prescribed in 229.402-70(d), use the following clause:

STATUS OF CONTRACTOR AS A DIRECT CONTRACTOR ( SPAIN ) (JUN 1997)

(a) "Direct Contractor," as used in this clause, means an individual, company, or entity with whom an agency of the United States Department of Defense has executed a written agreement that allows duty-free import of equipment, materials, and supplies into Spain for the construction, development, maintenance, and operation of Spanish-American installations and facilities.

(b) The Contractor is hereby designated as a Direct Contractor under the provisions of Complementary Agreement 5, articles 11, 14, 15, 17, and 18 of the Agreement on Friendship, Defense and Cooperation between the United States Government and the Kingdom of Spain , dated July 2, 1982 . The Agreement relates to contracts to be performed in whole or part in Spain , the provisions of which are hereby incorporated into and made a part of this contract by reference.

(c) The Contractor shall apply to the appropriate Spanish authorities for approval of status as a Direct Contractor in order to complete duty-free import of non-Spanish equipment, materials, and supplies represented as necessary for contract performance by the Contracting Officer. Orders for equipment, materials, and supplies placed prior to official notification of such approval shall be at the Contractor's own risk. The Contractor must submit its documentation in sufficient time to permit processing by the appropriate United States and Spanish Government agencies prior to the arrival of the equipment, materials, or supplies in Spain . Seasonal variations in processing times are common, and the Contractor should program its projects accordingly. Any delay or expense arising directly or indirectly from this process shall not excuse untimely performance (except as expressly allowed in other provisions of this contract), constitute a direct or constructive change, or otherwise provide a basis for additional compensation or adjustment of any kind.

(d) To ensure that all duty-free imports are properly accounted for, exported, or disposed of, in accordance with Spanish law, the Contractor shall obtain a written bank letter of guaranty payable to the Treasurer of the United States, or such other authority as may be designated by the Contracting Officer, in the amount set forth in paragraph (g) of this clause, prior to effecting any duty-free imports for the performance of this contract.

(e) If the Contractor fails to obtain the required guaranty, the Contractor agrees that the Contracting Officer may withhold a portion of the contract payments in order to establish a fund in the amount set forth in paragraph (g) of this clause. The fund shall be used for the payment of import taxes in the event that the Contractor fails to properly account for, export, or dispose of equipment, materials, or supplies imported on a duty-free basis.

(f) The amount of the bank letter of guaranty or size of the fund required under paragraph (d) or (e) of this clause normally shall be 5 percent of the contract value. However, if the Contractor demonstrates to the Contracting Officer's satisfaction that the amount retained by the United States Government or guaranteed by the bank is excessive, the amount shall be reduced to an amount commensurate with contingent import tax and duty-free liability. This bank guaranty or fund shall not be released to the Contractor until the Spanish General Directorate of Customs verifies the accounting, export, or disposition of the equipment, material, or supplies imported on a duty-free basis.

(g) The amount required under paragraph (d), (e), or (f) of this clause is 10%(Contracting Officer insert amount at time of contract award) .

(h) The Contractor agrees to insert the provisions of this clause, including this paragraph (h), in all subcontracts.

(End of clause)

Section C - Description/Specifications/Statement of Work

Non-personal services to provide personnel, labor, tools, materials, and equipment necessary to perform in accordance with the attached statement of work for Project QUUG 13-1005, Replace panelboard and transformer, building 180.

Requirements

QUUG 13-1005, RPL PANELBOARD AND TRANSFORMER BLDG 180

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: Construction Management Office will perform daily inspections of the work site

DoDAAC: F3N7A0 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS PROCESSES

UNIT 6585 BLDG 202 MORON AB

, APO AE 09643 6585

UNITED STATES

OfficeCode:

Shawn Connors Email: shawn.connors.2.ctr@us.af.mil Telephone: 34 955 84 8317

Section F - Deliveries or Performance

Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to completion of performance 210 Calendar Days Date of Notice to Proceed Receipt

Ship To DoDAAC: F3N7A0 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

712 CES CER

AF BPN NO MILSBILLS PROCESSES

UNIT 6585 BLDG 202 MORON AB

, APO AE 09643 6585

UNITED STATES

OfficeCode:

Shawn Connors Email: shawn.connors.2.ctr@us.af.mil Telephone: 34 955 84 8317

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.204-7006 Billing Instructions. 2005-10 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.232-7008 Assignment of Claims (Overseas). 1997-06 252.236-7000 Modification Proposals--Price Breakdown 1991-12

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(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 WAWF payment instructions.

in 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.

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

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

Construction 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 item financing, submit a commercial item financing request.

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

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

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

WAWF 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 FA5575

Admin DoDAAC FA5575

Inspect By DoDAAC FA5575

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*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.

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

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

Section H - Special Contract Requirements

BANK LETTER OF GUARANTEE

Within ten (10) calendar days after the date of contract award, the Contractor shall furnish the Contracting Officer a Bank Letter of Guarantee for the performance of the work in the amount specified below. Failure to furnish the letter of guarantee will be considered nonconforming and the contract may be terminated for default in accordance with FAR 52.249-10 in Section I.

Amount of Contract Bank Letter:

Under $100,000.00 None (or Euro equivalent) $100,000.00 - $500,000.00 12% of award amount (or Euro equivalent) $500,000.00 and over 10% of award amount (or Euro equivalent)

The Bank Letter of Guarantee will be dated as of the contract date or as soon thereafter as possible. The Bank Letter of Guarantee shall state that a guarantee has been issued against the awarded contract and that the following conditions are in force.

1. When presented by a representative of the U.S. Government against debts due, redemption cannot be contested.

2. The value of the guarantee is to be cited in Euros.

3. The Bank Letter of Guarantee shall also state that the bank agrees and consents that the contract may be modified by change order or supplemental agreement without affecting the validity of the Bank Letter of Guarantee. The Contracting Officer will not issue the Notice to Proceed until approval and acceptance of the Bank Letter of Guarantee.

The Bank Letter of Guarantee will continue in effect throughout the performance period. During the warranty period an amount equal to 10% of the original contract price shall be applicable.

SECURITY PASSES FOR EMPLOYEES AND VEHICLES

a. REQUIREMENTS: Contractor must obtain passes for each employee who will be working on Base. If passes are lost, notify the Security Police and the contract administrator immediately. All passes must be accounted for prior to contract close-out. Final payment will not be made until all passes are in. Drugs will not be permitted on Base. Security policemen with dogs search various areas throughout the day, including parking lots, buildings, etc. Make sure all employees and all subcontractors are informed that drugs will not be tolerated on Base.

b. PROCEDURES: Within ten (10) days from issuance of the Notice to Proceed you must submit a letter stating who at the Company is authorized to sign for passes. THE LETTER MUST STATE THE APPROPRIATE

CONTRACT NUMBER AND PERIOD OF PERFORMANCE AND MUST BE SIGNED BY

CONTRACTING OFFICER PRIOR TO SUBMITTING TO PASS/ID. That person is responsible for seeing that all passes are returned when contract work is completed. Final payment will not be made until all passes are returned or accounted for. Within the letter also include beginning and ending dates of contract and the area where work is to be performed. Indicate subcontractor(s) requiring passes and the name of responsible person(s) or that separate letters from each subcontractor will be submitted.

SPANISH AIR FORCE SAFETY REQUIREMENTS

Prior to commencement of work, contractor must submit to the Contracting Officer the documentation requested by the Spanish Air Force Safety Office. Base access will not be allowed without prior approval of the Spanish Air Force Safety Office, after review and approval of the requested documents.

List of documents that must be submitted for approval:

- Listado de trabajadores actualizado para las actividades contratadas:

a. Certificado de la formacion e informacion de su puesto de trabajo

b. Aptitud medica para las actividades a desarrollar

c. Certificado de entrega de equipos de proteccion individual

d. Certificado de capacitacion y formacion para el uso de equipos de trabajo para su puesto de trabajo

e. TC1 y TC2 del mes anterior o parte de alta en el INSS

- Evaluacion de riesgos para el desarrollo de las actividades contratadas

- Planificacion de la actividad preventiva derivada de la evaluacion de riesgos Permiso para trabajos con riesgo especial

- Documento acreditativo de la modalidad de Organizacion de prevencion de la empresa

- Datos de la Mutua de A.T. y E.P.

- Copia de la poliza de responsabilidad civil y ultimo recibo

- Acreditacion de recibi de informacion por parte de empresa subcontratada

MORON AIR BASE Points of Contact Technical Inspector: Point of Contact: 496 ABS/CE Telephone: 955 84 8379 Base Access Pass/ID: Point of Contact: 496 ABS/SF Telephone: 955 84 8104 Welding/Fire: Point of Contact: Andres Martin 496 ABS/CEFO Telephone: 955 84 8076/8068 Airfield Access: Point of Contact: 496 ABS/OSAM Telephone: 955 84 8362

Section I - Contract Clauses

52.214-29 Order of Precedence-Sealed Bidding.

1986-01 52.246-21 Warranty of Construction. 1994-03 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 52.249-10 Default (Fixed-Price Construction). 1984-04 52.204-16 Commercial and Government Entity Code Reporting. 2020-08 52.214-3 Amendments to Invitations for Bids. 2016-12 52.214-4 False Statements in Bids. 1984-04 52.214-5 Submission of Bids. 2016-12 52.214-6 Explanation to Prospective Bidders. 1984-04 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids. 1999-11 52.214-12 Preparation of Bids. 1984-04 52.214-18 Preparation of Bids-Construction. 1984-04 52.214-19 Contract Award-Sealed Bidding-Construction. 1996-08 52.214-34 Submission of Offers in the English Language. 1991-04 252.233-7001 Choice of Law (Overseas). 1997-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.204-13 System for Award Management Maintenance. 2018-10 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2020-06 52.228-2 Additional Bond Security. 1997-10 52.228-11 Individual Surety-Pledge of Assets. 2021-02 52.232-16 Alternate III Progress Payments. - (Alternate III) 2020-06 52.232-16 Alternate I Progress Payments. - (Alternate I) 2020-06 52.232-27 Prompt Payment for Construction Contracts. 2017-01 52.233-3 Protest after Award. 1996-08 52.236-5 Material and Workmanship. 1984-04 52.236-7 Permits and Responsibilities. 1991-11 52.236-17 Layout of Work. 1984-04 52.242-14 Suspension of Work. 1984-04 52.243-1 Alternate I Changes-Fixed-Price. - (Alternate I) 1987-08 52.243-5 Changes and Changed Conditions. 1984-04 52.246-21 Warranty of Construction. 1994-03 52.249-4 Termination for Convenience of the Government (Services) (Short Form). 1984-04

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05

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

2021-01

252.222-7002 Compliance with Local Labor Laws (Overseas). 1997-06 252.222-7004 Compliance with Spanish Social Security Laws and Regulations. 1997-06 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12

252.225-7013 Deviation 2020- O0019

Duty-Free Entry. (DEVIATION 2020-O0019) 2020-04

252.225-7041 Correspondence in English. 1997-06 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. 2015-06 252.225-7048 Export-Controlled Items. 2013-06 252.228-7006 Compliance with Spanish Laws and Insurance. 1998-12 252.232-7010 Levies on Contract Payments. 2006-12

252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration.

2020-04

252.233-7001 Choice of Law (Overseas). 1997-06 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.244-7000 Subcontracts for Commercial Items. 2020-10 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. 2010-10

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. 1989-12

As prescribed in , insert the following clause:4.103

APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of [identify title of designated agency official here] and shall not be binding the Contracting Officer until so approved.

(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)

52.211-10 Commencement, Prosecution, and Completion of Work. 1984-04

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 [Contracting Officer insert number] calendar days after the 10 date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 210

.* The time stated for completion shall include final cleanup of the premises.calendar days thereafter

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

52.211-12 Liquidated Damages-Construction. 2000-09

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 [Contracting Officer 716.91 Euros for the first day of delay and 496.05 euros for each calendar day of delay thereafter.

insert amount] for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items). 2021-02

As prescribed in , insert the following clause:13.302-5(d)

TERMS AND CONDITIONS-SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (FEB 2021)

The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:(a)

The clauses listed below implement provisions of law or Executive order:(1)

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division (i) (JAN 2017) E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other (ii) Covered Entities (Section 1634 of Pub. L. 115-91).(JUL 2018)

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. ( 2020) (iii) AUG (Section 889(a)(1)(A) of Pub. L. 115-232).

52.222-3, Convict Labor (E.O.11755).(iv) (JUN 2003)

52.222-21, Prohibition of Segregated Facilities .(v) (APR 2015)

52.222-26, Equal Opportunity ( 2016) (E.O.11246).(vi) Sept

52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of (vii) Foreign Assets Control of the Department of the Treasury).

52.233-3, Protest After Award (31 U.S.C.3553).(viii) (AUG 1996)

52.233-4, Applicable Law for Breach of Contract Claim (Pub.L.108-77, 108-78 (19 U.S.C. 3805 note)).(ix) (OCT 2004)

Listed below are additional clauses that apply:(2)

52.232-1, Payments .(i) (APR 1984)

52.232-8, Discounts for Prompt Payment .(ii) (FEB 2002)

52.232-11, Extras .(iii) (APR 1984)

52.232-25, Prompt Payment (iv) (JAN 2017).

52.232-39, Unenforceability of Unauthorized Obligations .(v) (JUN 2013)

52.232-40, Providing Accelerated Payments to Small Business Subcontractors (vi) (DEC 2013).

52.233-1, Disputes .(vii) (MAY 2014)

52.244-6, Subcontracts for Commercial Items ( ).(viii) NOV 2020

52.253-1, (ix) Computer Generated Forms .(JAN 1991)

The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:(b)

The clauses listed below implement provisions of law or Executive order:(1)

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) (31 U.S.C. 6101 (i) (JUN 2020) note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

52.222-19, Child Labor-Cooperation with Authorities and Remedies ( (E.O. 13126) (Applies to contracts for supplies (ii) JAN 2020) exceeding the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract).

52.222-20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (iii) (41 U.S.C.chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in (JUN 2020) the United States, Puerto Rico, or the U.S. Virgin Islands).

52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold (iv) (JUN 2020) specified in FAR 22.1303(a) on the date of award of this contract).

52.222-36, Equal Employment for Workers with Disabilities (29 U.S.C. 793) (Applies to contracts over the threshold (v) (JUN 2020) specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

52.222-37, Employment Reports on Veterans (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold (vi) (JUN 2020) specified in FAR 22.1303(a) on the date of award of this contract).

52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are (vii) (AUG 2018) subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and (A) (OCT 2020) contracts).

Alternate I (Applies if the Contracting Officer has filled in the following information with regard to applicable (B) (MAR 2015) directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

52.222-55, Minimum Wages Under Executive Order 13658 ( ) (Applies when 52.222-6 or 52.222-41 are in the contract (ix) NOV 2020 and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

52.222-62, Paid Sick Leave Under Executive Order 13706 (J 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the (x) an contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

52.223-5, Pollution Prevention and Right-to-Know Information (E.O. 13423) (Applies to services performed on (xi) (MAY 2011) Federal facilities).

52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (E.O. 13693)(applies (xii) (JUN 2016) to contracts for products as prescribed at FAR 23.804(a)(1)).

52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (E.O. 13693) (xiii) (JUN 2016) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

52.223-15, Energy Efficiency in Energy-Consuming Products (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, (xiv) (MAY 2020) applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be-

Delivered;(A)

Acquired by the Contractor for use in performing services at a Federally-controlled facility;(B)

Furnished by the Contractor for use by the Government; or(C)

Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).(D)

52.223-20, Aerosols (E.O. 13693) (Applies to contracts for products that may contain high global warming potential (xv) (JUN 2016) hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

52.223-21, Foams (E.O. 13693) (Applies to contracts for products that may contain high global warming potential (xvi) (JUN 2016) hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

52.225-1, Buy American-Supplies ( 2021) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for (xvii) JAN services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract, and the acquisition-

Is set aside for small business concerns; or(A)

Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).(B)

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations., Promoting Excess Food Donation to Nonprofit (xviii) Organizations (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this (JUN 2020) contract, that provide for the provision, the service, or the sale of food in the United States).

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Applies when the payment will be (xix) (OCT 2013) made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Applies when the (xx) (JUL 2013) payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. App. 1241) (Applies to supplies (xxi) (FEB 2006) transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

Listed below are additional clauses that may apply:(2)

52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Applies to contracts when the contractor or a (i) (JUN 2016) subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for (ii) Debarment (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).(JUN 2020)

52.211-17, Delivery of Excess Quantities ( 1989) (Applies to fixed-price supplies).(iii) Sept

52.247-29, F.o.b. Origin (Applies to supplies if delivery is f.o.b. origin).(iv) (FEB 2006)

52.247-34, F.o.b. Destination (Applies to supplies if delivery is f.o.b. destination).(v) (NOV 1991)

. This contract incorporates one or more clauses by reference, with the same (c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998) force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

acquisition.gov

[Insert one or more Internet addresses]____

. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The (d) Inspection/Acceptance Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights-

Within a reasonable period of time after the defect was discovered or should have been discovered; and(1)

Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.(2)

. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable (e) Excusable delays control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

. The Government reserves the right to terminate this contract, or any part hereof, for its sole (f) Termination for the Government's convenience convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the (g) Termination for cause Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular (h) Warranty purpose described in this contract.

52.228-13 Alternative Payment Protections. 2000-07

As prescribed in , insert the following clause:28.102-3(b)

ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

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

Bank Guarantee. See sec H ____ ____

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

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

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

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

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

(End of clause)

52.228-14 Irrevocable Letter of Credit. 2014-11

As prescribed in , insert the following clause:28.204-4

IRREVOCABLE LETTER OF CREDIT (NOV 2014)

"Irrevocable letter of credit" (ILC), as used in this clause, means a written commitment by a federally insured financial institution to pay all (a) or part of a stated amount of money, until the expiration date of the letter, upon presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor the offeror/Contractor can revoke or condition the letter of credit.

If the offeror intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as performance and payment bonds, the (b) letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used.

The letter of credit shall be irrevocable, shall require presentation of no document other than a written demand and the ILC (including (c) confirming letter, if any), shall be issued/confirmed by an acceptable federally insured financial institution as provided in paragraph (d) of this clause, and-

If used as a bid guarantee, the ILC shall expire no earlier than 60 days after the close of the bid acceptance period;(1)

If used as an alternative to corporate or individual sureties as security for a performance or payment bond, the offeror/Contractor may (2) submit an ILC with an initial expiration date estimated to cover the entire period for which financial security is required or may submit an ILC with an initial expiration date that is a minimum period of one year from the date of issuance. The ILC shall provide that, unless the issuer provides the beneficiary written notice of non-renewal at least 60 days in advance of the current expiration date, the ILC is automatically extended without amendment for one year from the expiration date, or any future expiration date, until the period of required coverage is completed and the Contracting Officer provides the financial institution with a written statement waiving the right to payment. The period of required coverage shall be:

For contracts subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of-(i)

Oneyear following the expected date of final payment;(A)

For performance bonds only, until completion of any warranty period; or(B)

For payment bonds only, until resolution of all claims filed against the payment bond during the one-year period following final (C) payment.

For contracts not subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of-(ii)

90 days following final payment; or(A)

For performance bonds only, until completion of any warranty period.(B)

(d) Only federally insured financial institutions rated investment grade by a commercial rating service shall issue or confirm the ILC.(1)

Unless the financial institution issuing the ILC had letter of credit business of at least $25 million in the past year, ILCs over $5 million (2) must be confirmed by another acceptable financial institution that had letter of credit business of at least $25 million in the past year.

The Offeror/Contractor shall provide the Contracting Officer a credit rating that indicates the financial institutions have the required (3) credit rating as of the date of issuance of the ILC.

The current rating for a financial institution is available through any of the following rating services registered with the U.S. Securities (4) and Exchange Commission (SEC) as a Nationally Recognized Statistical Rating Organization (NRSRO). NRSRO's can be located at the website http://www.sec.gov/answers/nrsro.htm maintained by the SEC.

The following format shall be used by the issuing financial institution to create an ILC:(e)

N/A [ ]Issuing Financial Institution's Letterhead orNameandAddress

Issue Date ____

Irrevocable Letter of Credit No. ____

Account party's name ____

Account party's address ____

For Solicitation No. ( )____ for reference only

To: [ ]U.S. Government agency

[ ]U.S. Government agency's address

1. We hereby establish this irrevocable and transferable Letter of Credit in your favor for one or more drawings up to United States $ . ____ This Letter of Credit is payable at [ ] office at [issuing financial institution's and, if any, confirming financial institution's issuing financial institution's

] and expires with our close of business on , or any automatically extended address and, if any, confirming financial institution's address ____ expiration date.

2. We hereby undertake to honor your or the transferee's sight draft(s) drawn on the issuing or, if any, the confirming financial institution, for all or any part of this credit if presented with this Letter of Credit and confirmation, if any, at the office specified in paragraph 1 of this Letter of Credit on or before the expiration date or any automatically extended expiration date.

3. [ .] It is a condition of this Letter of Credit This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered that it is deemed to be automatically extended without amendment for oneyear from the expiration date hereof, or any future expiration date, unless at least 60 days prior to any expiration date, we notify you or the transferee by registered mail, or other receipted means of delivery, that we elect not to consider this Letter of Credit renewed for any such additional period. At the time we notify you, we also agree to notify the account party (and confirming financial institution, if any) by the same means of delivery.

4. This Letter of Credit is transferable. Transfers and assignments of proceeds are to be effected without charge to either the beneficiary or the transferee/assignee of proceeds. Such transfer or assignment shall be only at the written direction of the Government (the beneficiary) in a form satisfactory to the issuing financial institution and the confirming financial institution, if any.

5. This Letter of Credit is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. (Insert version in effect at the time of ILC issuance, e.g., "Publication 600, 2006 edition") and to the extent not inconsistent ____ therewith, to the laws of [State of confirming financial institution, if any, otherwise State of issuing financial institution].____

6. If this credit expires during an interruption of business of this financial institution as described in Article 17 of the UCP, the financial institution specifically agrees to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, ____ [ ]Issuing financial institution

The following format shall be used by the financial institution to confirm an ILC:(f)

] [Confirming Financial Institution's Letterhead or Name and Address ____

(Date) ____

Our Letter of Credit Advice Number ____

Beneficiary: [ ]____ U.S. Government agency

Issuing Financial Institution: ____

Issuing Financial Institution's LC No.: ____

Gentlemen:

1. We hereby confirm the above indicated Letter of Credit, the original of which is attached, issued by [____ name of issuing financial ] for drawings of up to United States dollars /U.S. $ and expiring with our close of business on [ ], or any institution ____ ____ ____ the expiration date automatically extended expiration date.

2. Draft(s) drawn under the Letter of Credit and this Confirmation are payable at our office located at .____

3. We hereby undertake to honor sight draft(s) drawn under and presented with the Letter of Credit and this Confirmation at our offices as specified herein.

4. [ .] It is a condition of this confirmation This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered that it be deemed automatically extended without amendment for oneyear from the expiration date hereof, or any automatically extended expiration date, unless:

(a) At least 60 days prior to any such expiration date, we shall notify the Contracting Officer, or the transferee and the issuing financial institution, by registered mail or other receipted means of delivery, that we elect not to consider this confirmation extended for any such additional period; or

(b) The issuing financial institution shall have exercised its right to notify you or the transferee, the account party, and ourselves, of its election not to extend the expiration date of the Letter of Credit.

5. This confirmation is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. (Insert version in effect at the time of ILC issuance, e.g., "Publication 600, 2006 edition") and to the extent not inconsistent ____ therewith, to the laws of [State of confirming financial institution].____

6. If this confirmation expires during an interruption of business of this financial institution as…