Solicitation - FA570221R0003.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

FA570221R0003

Section A - Solicitation/Contract Form

Section B - Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Design 20-0052 Product Service Code: Z2JZ Firm Fixed Price

1 Job

Construction 20-0052 Product Service Code: Z2JZ Firm Fixed Price

1 Job

Design 21-0037 Product Service Code: Z2JZ Firm Fixed Price

1 Job

Construction 21-0037 Product Service Code: Z2JZ Firm Fixed Price

1 Job

Section C - Description/Specifications/Statement of Work

Al Udeid Air Base (AUAB) require the removal and repainting of runway and taxiway markings. Repainting the airfield markings will update the current markings in accordance with UFC 3-360-04 and eliminate the foreign object debris (FOD) hazard of chipping paint. These markings are necessary to provide traffic guidance for aircraft and ground vehicles on the airfield. These markings will include: threshold markings, designation markings, centerline, edge stripes, touchdown markings, fixed distance markings, arresting gear markings, taxiway lead in lines, VFR hold lines, parking lanes, and overrun chevrons.

Markings shall conform to but not limited to criteria established in UFC 3-260-04, UFC 3-270-01, and "Triangle K."

Contractor shall be able to obtain bass passing in accordance with SOW 10.11.1.1.2.

The contractor shall meet all specifications in accordance with Statement of Work dated February 16, 2021 attached in section J.

Requirements Construction/Paint Airfield and Taxiway-ALUA 20-0052 - The contractors design/build submittals shall further develop and define all engineering requirements identified during periodic submittals and reviews, coordinating the information supplied in this SOW, providing a complete and fully operational Airfield Runway and Taxiway when completed. Repair Taxiway Markings-ALUA 21-0037 - The contractors design/build submittals shall further develop and define all engineering requirements identified during periodic submittals and reviews, coordinating the information supplied in this SOW, providing a complete and fully operational Airfield Taxiway when completed.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

0001 Inspection and Acceptance Location Both Destination Instructions: See POC

DoDAAC: FA5702 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA5702 379 ECONS

UNIT 1 BOX 1

APO AE 09309-0000

, APO AE 09309 0000

UNITED STATES

OfficeCode:

Jordon Bongcayao Email: jordon.bongcayao@auab.afcent.af.mil Telephone: 318-455-4572

0002 Inspection and Acceptance Location Both Destination Instructions: See POC

DoDAAC: FA5702 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA5702 379 ECONS

UNIT 1 BOX 1

APO AE 09309-0000

, APO AE 09309 0000

UNITED STATES

OfficeCode:

Jordon Bongcayao Email: jordon.bongcayao@auab.afcent.af.mil Telephone: 318-455-4572

0003 Inspection and Acceptance Location Both Destination Instructions: See POC

DoDAAC: FA5702 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA5702 379 ECONS

UNIT 1 BOX 1

APO AE 09309-0000

, APO AE 09309 0000

UNITED STATES

OfficeCode:

Jordon Bongcayao Email: jordon.bongcayao@auab.afcent.af.mil Telephone: 318-455-4572

0004 Inspection and Acceptance Location Both Destination Instructions: See POC

DoDAAC: FA5702 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA5702 379 ECONS

UNIT 1 BOX 1

APO AE 09309-0000

, APO AE 09309 0000

UNITED STATES

OfficeCode:

Jordon Bongcayao Email: jordon.bongcayao@auab.afcent.af.mil Telephone: 318-455-4572

Section F - Deliveries or Performance

Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to delivery 115 Calendar Days

Date of Design Notice to Proceed Receipt

Place of Performance DoDAAC: FA5702 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA5702 379 ECONS

UNIT 1 BOX 1

APO AE 09309-0000

, APO AE 09309 0000

UNITED STATES

OfficeCode:

Jordon Bongcayao Email: jordon.bongcayao@auab.afcent.af.mil Telephone: 318-455-4572

Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to delivery 200 Calendar Days

Date of Construction Notice to Proceed Receipt

Place of Performance DoDAAC: FA5702 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA5702 379 ECONS

UNIT 1 BOX 1

APO AE 09309-0000

, APO AE 09309 0000

UNITED STATES

OfficeCode:

Jordon Bongcayao Email: jordon.bongcayao@auab.afcent.af.mil Telephone: 318-455-4572

Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to delivery 115 Calendar Days

Date of Design Notice to Proceed Receipt

Place of Performance DoDAAC: FA5702 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA5702 379 ECONS

UNIT 1 BOX 1

APO AE 09309-0000

, APO AE 09309 0000

UNITED STATES

OfficeCode:

Jordon Bongcayao Email: jordon.bongcayao@auab.afcent.af.mil Telephone: 318-455-4572

Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to delivery 200 Calendar Days

Date of Construction Notice to Proceed Receipt

Place of Performance DoDAAC: FA5702 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

FA5702 379 ECONS

UNIT 1 BOX 1

APO AE 09309-0000

, APO AE 09309 0000

UNITED STATES

OfficeCode:

Jordon Bongcayao Email: jordon.bongcayao@auab.afcent.af.mil Telephone: 318-455-4572

Section G - Contract Administration Data

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.

(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 FA5702

Admin DoDAAC FA5702

Inspect By DoDAAC FA5702

Ship To Code FA5702

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.

(End of clause)

Section H - Special Contract Requirements

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. 2017-01

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

2018-07

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2020-06 52.225-26 Contractors Performing Private Security Functions Outside the United States. 2016-10 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 52.242-14 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 52.247-12 Supervision, Labor, or Materials. 1984-04 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. 2016-05 252.222-7002 Compliance with Local Labor Laws (Overseas). 1997-06 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2010-12 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. 2015-06 252.225-7048 Export-Controlled Items. 2013-06 252.232-7010 Levies on Contract Payments. 2006-12 252.233-7001 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 until so approved.____

(End of clause)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems. 2016-06

As prescribed in , insert the following clause:4.1903

BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

. As used in this clause–(a) Definitions means an information system that is owned or operated by a contractor that processes, stores, or Covered contractor information system transmits Federal contract information.

means information, not intended for public release, that is provided by or generated for the Government under Federal contract information a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including Information textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, Information system dissemination, or disposition of information (44 U.S.C. 3502).

means measures or controls that are prescribed to protect information systems.Safeguarding

Safeguarding requirements and procedures.(b)

The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information (1) systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other (i) information systems).

Limit information system access to the types of transactions and functions that authorized users are permitted to execute.(ii)

Verify and control/limit connections to and use of external information systems.(iii)

Control information posted or processed on publicly accessible information systems.(iv)

Identify information system users, processes acting on behalf of users, or devices.(v)

Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational (vi) information systems.

Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.(vii)

Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized (viii) individuals.

Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.(ix)

Monitor, control, and protect organizational communications ( ., information transmitted or received by organizational information (x) i.e systems) at the external boundaries and key internal boundaries of the information systems.

Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.(xi)

Identify, report, and correct information and information system flaws in a timely manner.(xii)

Provide protection from malicious code at appropriate locations within organizational information systems.(xiii)

Update malicious code protection mechanisms when new releases are available.(xiv)

Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, (xv) or executed.

This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal (2) Other requirements.

agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (c) Subcontracts.

(including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

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

2020-08

As prescribed in , insert the following clause:4.2105(b)

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2020)

As used in this clause-(a) Definitions.

means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network ( , Backhaul e.g.

connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired ( , fiber optic, coaxial cable, e.g.

Ethernet).

means The People's Republic of China.Covered foreign country means–Covered telecommunications equipment or services

Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such (1) entities);

For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other (2) national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

Telecommunications or video surveillance services provided by such entities or using such equipment; or(3)

Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in (4) consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

means–Critical technology

Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms (1) Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under (2) subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, (i) nuclear nonproliferation, or missile technology; or

For reasons relating to regional stability or surreptitious listening;(ii)

Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of (3) title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of (4) nuclear equipment and material);

Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title (5) 42 of such Code; or

Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. (6) 4817).

means arrangements governing the physical connection of two or more networks to allow the use of another's Interconnection arrangements network to hand off traffic where it is ultimately delivered ( , connection of a customer of telephone provider A to a customer of telephone e.g.

company B) or sharing data and other information resources.

means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or Reasonable inquiry provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

means cellular communications services ( , voice, video, data) received from a visited network when unable to connect to the Roaming e.g.

facilities of the home network either because signal coverage is too weak or because traffic is too high.

means any component necessary for the proper function or performance of a piece of equipment, system, or Substantial or essential component service.

. (b) Prohibition Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) (1) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the (2) head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

This clause does not prohibit contractors from providing-(c) Exceptions.

A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or(1)

Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such (2) equipment transmits or otherwise handles.

Reporting requirement. (d) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or (1) essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting

Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the

Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause(2)

Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; (i) supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about (ii) mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all (e) Subcontracts.

subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.211-12 Liquidated Damages-Construction. 2000-09

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

Liquidated Damages-Construction (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay the design liquidated damages to the Government in the amount of $437.63 (1,597.36 QAR) for each day of kickback and passing delays and $353.05 (1,288.65 QAR) for each day of construction competition delays in the design phase. For the construction phase the contractor shall pay liquidated damages to the Government in the amount of $967.50 (3,531.37 QAR) for each day of delay, and $925.21 (3,377.02 QAR) for each day of construction completion delay.

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

52.222-50 Alternate I Combating Trafficking in Persons. (Alternate I) 2020-10

As prescribed in , insert the following clause:22.1705(a)(1)

COMBATING TRAFFICKING IN PERSONS (OCT 2020)

. As used in this clause-(a) Definitions means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the Agent organization.

means-Coercion

Threats of serious harm to or physical restraint against any person;(1)

Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or (2) physical restraint against any person; or

The abuse or threatened abuse of the legal process.(3) means any sex act on account of which anything of value is given to or received by any person.Commercial sex act

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

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

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

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

Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.(2) means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a Debt bondage person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal Employee impact or involvement in contract performance.

means knowingly providing or obtaining the labor or services of a person-Forced Labor

By threats of serious harm to, or physical restraint against, that person or another person;(1)

By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or (2) services, that person or another person would suffer serious harm or physical restraint; or

By means of the abuse or threatened abuse of law or the legal process.(3) includes a condition of servitude induced by means of-Involuntary servitude

Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, (1) that person or another person would suffer serious harm or physical restraint; or

The abuse or threatened abuse of the legal process.(2) means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the Recruitment fees recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for-(1)

Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills (i) testing, recommending, or placing employees or potential employees;

Advertising(ii)

Obtaining permanent or temporary labor certification, including any associated fees;(iii)

Processing applications and petitions;(iv)

Acquiring visas, including any associated fees;(v)

Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;(vi)

Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security (vii) clearance checks and examinations; and additional certifications;

An employer's recruiters, agents or attorneys, or other notary or legal fees;(viii)

Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential (ix) employees;

Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;(x)

Transportation and subsistence costs-(xi)

While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes (A) associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and

From the airport or disembarkation point to the worksite;(B)

Security deposits, bonds, and insurance; and(xii)

Equipment charges.(xiii)

A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is-(2)

Paid in property or money;(i)

Deducted from wages;(ii)

Paid back in wage or benefit concessions;(iii)

Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or(iv)

Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to-(v)

Agents;(A)

Labor brokers;(B)

Recruiters;(C)

Staffing firms (including private employment and placement firms);(D)

Subsidiaries/affiliates of the employer;(E)

Any agent or employee of such entities; and(F)

Subcontractors at all tiers.(G) means-Severe forms of trafficking in persons

Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act (1) has not attained 18 years of age; or

The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or (2) coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

"Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a Subcontract subcontract.

means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another Subcontractor subcontractor.

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

The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of (b) Policy.

this clause. Contractors, contractor employees, and their agents shall not-

Engage in severe forms of trafficking in persons during the period of performance of the contract;(1)

Procure commercial sex acts during the period of performance of the contract;(2)

Use forced labor in the performance of the contract;(3)

Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as (4) passports or drivers' licenses, regardless of issuing authority;

(5) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a (i) format and language understood by the employee or potential employee, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be charged to the employee or potential employee, and, if applicable, the hazardous nature of the work;

Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;(ii)

Charge employees or potential employees recruitment fees;(6)

(7) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment-(i)

For an employee who is not a national of the country in which the work is taking place and who was brought into that country for (A) the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or

For an employee who is not a United States national and who was brought into the United States for the purpose of working on a (B) U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that-

The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is-(ii)

Legally permitted to remain in the country of employment and who chooses to do so; or(A)

Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the (B) cost of return transportation;

The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim (iii) services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

Provide or arrange housing that fails to meet the host country housing and safety standards; or(8)

If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in (9) writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

. The Contractor shall-(c) Contractor requirements

Notify its employees and agents of-(1)

The United States Government's policy prohibiting trafficking in persons, described in paragraph (b) of this clause; and(i)

The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but (ii) are not limited to, removal from the contract, reduction in benefits, or termination of employment; and

Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in (2) paragraph (b) of this clause.

(d) Notification. The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of-(1)

Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, (i) subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.

C. 1351, Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and

Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.(ii)

If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with (2) the highest dollar value.

In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (e) Remedies.

(c), (d), (g), (h), or (i) of this clause may result in-

Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;(1)

Requiring the Contractor to terminate a subcontract;(2)

Suspension of contract payments until the Contractor has taken appropriate remedial action;(3)

Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-(4) compliance;

Declining to exercise available options under the contract;(5)

Termination of the contract for default or cause, in accordance with the termination clause of this contract; or(6)

Suspension or debarment.(7)

When determining remedies, the Contracting Officer may consider the following:(f) Mitigating and aggravating factors.

. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, (1) Mitigating factors was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.

. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed (2) Aggravating factors by the Contracting Officer to do so.

. (g) Full cooperation The Contractor shall, at a minimum-(1)

Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals (i) responsible for the conduct;

Provide timely and complete responses to Government auditors' and investigators' requests for documents;(ii)

Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting (iii) agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and

Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which (iv) the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.

The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It (2) does not-

Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine;(i)

Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney (ii) client privilege or Fifth Amendment rights; or

Restrict the Contractor from-(iii)

Conducting an internal investigation; or(A)

Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.(B)

. (h) Compliance plan This paragraph (h) applies to any portion of the contract that-(1)

Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed (i) outside the United States; and

Has an estimated value that exceeds $550,000.(ii)

The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate-(2)

To the size and complexity of the contract; and(i)

To the nature and scope of the activities to be performed for the Government, including the number of non-United States citizens (ii) expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.

. The compliance plan must include, at a minimum, the following:(3) Minimum requirements

An awareness program to inform contractor employees about the Government's policy prohibiting trafficking-related activities (i) described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/.

A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, (ii) including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org.

A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging (iii) recruitment fees to the employees or potential employees and ensures that wages meet applicable host-country legal requirements or explains any variance.

A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-(iv) country housing and safety standards.

Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including (v) activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.

. (4) Posting The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at (i) the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing.

The Contractor shall provide the compliance plan to the Contracting Officer upon request.(ii)

. Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that-(5) Certification

It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, (i) detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and

After having conducted due diligence, either-(ii)

To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in (A) any such activities; or

If abuses…