Solicitation - W50S8K26QA003.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

calls)

Solicitation/Contract Form Continuation

LTUY202057 Repair Roof, Roads & Ground Fac, B99Instrument Name:

Product Service Code : Z2EB

1. INTRODUCTION

a. You are invited to submit a quotation for project LTUY202057 Repair Roof, Roads & Grounds Facility, Building 99 at Jefferson Barracks Air National Guard Station (ANGS), St. Louis MO 63125.

As a result of this solicitation, the Government intends to award a single Firm Fixed Price (FFP) contract to the responsible quoter whose quotation represents the best value after evaluation in accordance with the factors in the solicitation. This solicitation is being issued using the procedures of the Revolutionary FAR Overhaul (RFO) and associated DFARS class deviations. All FAR, DFARS, and AFARS references within refer to the RFO versions.

b. The evaluation is being conducted in two phases using a down select process. In Phase 1 interested contractors will submit documentation to evaluate technical risk. Contractors selected to proceed to Phase 2 will be invited to attend a site visit and provide a price quotation. See provisions FAR 52.212-1 and FAR 52.212-2 within this solicitation for details.

c. This solicitation is 100% set-aside for small businesses.

d. The Government point(s) of contact (POC) for this solicitation are:

MSgt Joe Bernier

Email: joseph.bernier.1@us.af.mil

Phone: (314) 527-8033

e. This project is to replace the roofing system, restore siding to historical appearance, added vented soffits to roof structure, and make miscellaneous repairs to Building 99.

f. The Government's target price range is between $400,000 and $600,000.

g. The Government's preferred project schedule is 180 calendar days after Contractor's receipt of notice to proceed (NTP); however, this is negotiable and quoters may include alternative terms in their quotation, see quotation submission instructions in FAR 52.212-1. The Government intends to issue the NTP within 30 calendar days of award.

h. Performance and payment bonds will be required within 10 calendar days after award. A bid guarantee will be required with the Phase 2 quotation submission. See provision FAR 52.228-1 within this solicitation for details.

W50S8K26QA003

i. Funds are not presently available for this acquisition. The Government anticipates funds will become available prior to award as this action has been identified on the National Guard priority list. No contract award will be made until appropriated funds are made available. Award will be made to the quoter who represents the best value to the Government as outlined with the criteria set forth within the solicitation.

2. NOTICE OF PRE-QUOTATION CONFERENCE AND SITE VISIT

a. A pre-quotation conference will be conducted at local time for the ( )to be scheduled in Phase 2 purpose of briefing the solicitation requirements and answering questions. This conference will be held at the third floor conference room at Building 29 on Jefferson Barracks ANGS at 29 Sherman Ave., St. Louis, MO 63125. The site visit will immediately follow the conference.

b. The clauses at FAR 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, quoters are urged and expected to inspect the site where the work will be performed.

c. Due to base security requirements, all quoters must register to attend this conference and site visit no later than local time. Email the following information for all ( )to be scheduled in Phase 2 attendees to the POC(s) above.

Last name, first name, and middle initial. If no middle initial, indicate with "NMI". Use full first and last names as shown on your REAL-ID compliant Government issued identification.

Date of Birth: MM/DD/YR

Driver's License Number and State of Issue

d. If you have existing base access credentials, only the attendee(s)'s name is required to register.

The furnishing of the above information is voluntary; however, your failure to furnish all or part of the requested information may result in the Government's denial of your access to the conference and site visit. This information will be provided to Base Security Forces who will authorize your entrance to the installation.

e. Visitors must stop at the installation's main gate at 21 Hancock Ave., St. Louis, MO 63125 (across the street from the Jefferson Barracks Telephone Museum) and present the identification used to register. Please note: Jefferson Barracks ANGS is separate from the Veteran's Affairs Hospital and National Cemetery. You will be required to present your driver's license upon arrival.

Ensure you have the following documentation for your vehicle when entering the installation:

registration, proof of insurance, and if applicable, rental car agreement. All vehicles entering the installation are subject to random inspection and review of required documentation. Any of the above information furnished by you in protected by the Privacy Act and shall not be released unless permitted by law and/or you have consented to such.

f. The site visit is intended to be interactive and responses to questions will be provided at the site visit; however, information provided at this conference or site visit shall not qualify the terms and conditions of the solicitation. Terms of the solicitation remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgement and receipt of solicitation amendments shall apply. Meeting minutes will not be taken at the site visit, so all interested quoters are highly encouraged to attend.

3. REQUEST FOR INFORMATION

Any request for information (RFI) or questions regarding this solicitation shall be submitted via email to the POC(s) above no later than 5 business days following the site visit. Questions/RFI submitted after this date may not be answered by the Government before the solicitation due date /time. Answers to questions/RFI, on a non-attribution basis, will be posted to SAM.gov.

4. AMENDMENTS PRIOR TO DATE SET FOR RECEIPT OF QUOTATIONS

The right is reserved, as the interest of the Government may require, to revise or amend the project requirements prior to and/or after the date set for receipt of quotations as necessary. Such amendments, if any, will be announced by an amendment or amendments to this solicitation. All information relating to this solicitation, including pertinent changes/amendments and information prior to the date set for receipt of quotations will be posted to www.sam.gov.

5. WAGE DETERMINATION

a. The Construction Wage Rate Requirements, formerly known as Davis Bacon Wage Rates, are applicable to this project. Current prevailing wage determination(s) at time of issuance of the solicitation are included in the attachments. The current wage determination(s) at time of award will be incorporated into the contract.

6. QUOTATION EXPENSES AND PRE-CONTRACT COSTS

This solicitation does not commit the Government to pay costs incurred in preparation and submission of initial and subsequent quotations or for other costs incurred prior to contract award.

7. REMOVAL OF SECTIONS AT TIME OF AWARD

All solicitation instruction and representation and certification sections will not physically be included an award but will be deemed to be incorporated by reference in the contract.

8. EXCEPTIONS

If the quoters takes exceptions to any of the requirements specified in the solicitation, the quoter shall clearly identify each exception and include a complete explanation of why the exception was taken and what benefit accrues to the Government. All exceptions to the solicitation requirements and supporting rationale shall be included in an addendum to the quotation and clearly labeled "Exceptions". An addendum is only required if the quoter takes exception to any requirement in the solicitation. The addendum does not have a page limitation but shall include only information relevant to exceptions taken to the solicitation requirements. The Government will assume a quoter takes no exceptions to any solicitation requirement if the quoter does not submit an addendum identifying exceptions. Quoters are advised that solicitation requirements are not necessarily negotiable and such exceptions may render a quotation unacceptable and ineligible for award.

9. NATIONAL GUARD BUREAU AGENCY PROTEST PROGRAM

a. National Guard Bureau, Agency Protest Program: NG Agency Protest Program is intended to encourage interested parties to seek resolution of their concerns with the National Guard (NG) as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office (GAO) or other external forum.

b. Contract award or performance is suspended during the protest to the same extent, and within the same time periods as if filed at the GAO. The NG protest decision goal is to resolve protests within 35 calendar days from filing. An agency protest may be filed with either the Contracting Officer or the NG Agency's Protest Decision Authority, but not both, in accordance with NG protest procedures.

c. To be timely, the protests must be filed within the periods specified in FAR 33.103. d. To file a protest under the NG Agency Protest Program, the protest must request resolution under that program and be sent to the address below: National Guard Bureau Office of the Director of Acquisitions

ATTN: NGB-AQ-P

111 S. George Mason Dr.

Arlington, VA 22204

Email: ng.ncr.ngb-arng.mbx.ngb-task-order-ombudsman@mail.mil

e. All other agency-level protests should be sent to the Contracting Officer for resolution at the address in the solicitation. See POC information above. NG public-facing, general protest information is found at: https://www.nationalguard.mil/Leadership/Joint-Staff/Special-Staff /Director-of-Acquisitions/

10. REPORTING EXECUTIVE COMPENSATION

If the resultant contract of this solicitation is subject to executive compensation and first tier subcontract awards reporting in accordance with clause FAR 52.204-10, the following codes are provided to accomplish the reporting:

TAS: 3840

Agency: 5700

*** END OF NARRATIVE ***

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 Non-personal services: Provide all plant, labor, new and current material, transportation, tools, equipment, appliances, supplies, services, permits, insurance, and supervision necessary to repair Building 99 in accordance with the drawings and specifications dated 11 July 2024.

Product Service Code: Z2EB North American Industry Classification System (NAICS): 236220 Pricing Arrangement: Firm Fixed Price

1 Job

Continuation of Description

Requirements LTUY202057 Repair Roof, Roads and Ground Fac, B99

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: Inspection and acceptance shall be in accordance with FAR 52.246-12, Inspection of Construction.

DoDAAC: F7M3CE CountryCode: USA

F7M3CE 131 BW CES

AF NO MILSBILLS PROC CP 3145278373, 1 GRANT RD

ST. LOUIS, MO 63125-4117

UNITED STATES

Mark Lloyd

Continuation of Deliveries or Performance

0001 Delivery Schedule From date of lead time event to completion of performance 180 Calendar Days

Date of Notice to Proceed Receipt 1 JobQuantity

Address and POC Place of Performance DoDAAC: F7M3CE CountryCode: USA

F7M3CE 131 BW CES

AF NO MILSBILLS PROC CP 3145278373, 1 GRANT RD ST. LOUIS, MO 63125-4117

UNITED STATES

Mark Lloyd

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-3 Gratuities. 1984-04

52.203-6 Restrictions on Subcontractor Sales to the Government.

2020-06

52.203-6 Restrictions on Subcontractor Sales to the Government.

(Alternate I)

2020-06 Alternate I 2021-11

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

2017-01

52.204-13 System for Award Management- Maintenance. (Deviation 2026- O0038)

2026-02

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026- O0038)

2026-02

52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026- O0038)

2026-02

52.219-8 Utilization of Small Business Concerns. (Deviation 2026- O0038)

2026-02

52.222-35 Equal Opportunity for Veterans.

(Deviation 2026-O0038)

2026-02

52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026- O0038)

2026-02

52.222-37 Employment Reports on Veterans. (Deviation 2026- O0038)

2026-02

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Deviation 2026- O0038)

2026-02

52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038)

2026-02

52.222-54 Employment Eligibility Verification. (Deviation 2026- O0038)

2026-02

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. (Deviation 2026-O0038)

2026-02

52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation 2026- O0038)

2026-02

52.222-90 Addressing DEI Discrimination by Federal Contractors.

(Deviation 2026-O0040, Revision 1)

2026-04

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

2024-05

52.229-12 Tax on Certain Foreign Procurements. (Deviation 2026- O0038)

2021-02

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

2018-10

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.233-3 Protest after Award. (Deviation 2026-O0038)

2026-02

52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026- O0038)

2026-02

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. (DEVIATION 2024-

O0013 REVISION 1)

2024-05 Deviation 2024- O0013

2024-05

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

2023-01

252.223-7008 Prohibition of Hexavalent Chromium.

2023-01

252.225-7012 Preference for Certain Domestic Commodities.

2022-04

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

2023-01

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

2023-06

252.225-7967 Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006, Revision 1)

2024-02 Deviation 2024- O0006

2024-02

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

2023-01

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12

252.232-7010 Levies on Contract Payments. 2006-12

252.243-7002 Requests for Equitable Adjustment.

2022-12

252.246-7008 Sources of Electronic Parts. 2023-01

252.247-7023 Transportation of Supplies by Sea.

2024-10

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.212-4 Terms and Conditions- Commercial Products and Commercial Services. (Deviation 2026-O0038) (Tailored)

2026-02

Terms and Conditions-Commercial Products and Commercial Services (Feb 2026) (Deviation 2026-O0038)

(a) . The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is Definitions incorporated by reference.

(b) . See clause FAR 52.246-12, Inspection of ConstructionInspection/Acceptance .

(c) . The Contractor or its assignee may assign its rights to receive payment due as Assignment a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.

C. 3727). However, when a third party makes payment ( use of the Governmentwide e.g., commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) . See clause FAR 52.243-4, Changes.Changes

(e) . This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the Disputes parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) . See clause FAR 52.249-10, Default (Fixed-Price Construction)Excusable delays .

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.

C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) . The Contractor shall indemnify the Government and its officers, Patent indemnity employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) -Payment

(1) . Payment shall be made for items accepted by the Government that have Items accepted been delivered to the delivery destinations set forth in this contract.

(2) . The Government will make payment in accordance with the Prompt Prompt payment Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at .5 CFR part 1315

(3) . In connection with any discount offered for early payment, time shall be computed Discount from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) . If the Contractor becomes aware of a duplicate contract financing or invoice Overpayments payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment ( , duplicate payment, erroneous payment, liquidation e.g.

errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) .Interest

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) . The Contracting Officer will issue a final decision as required by FAR part Final decisions 33 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) . See clause FAR 52.236-7, Permits and ResponsibilitiesRisk of loss .

(k) . The contract price includes all applicable Federal, State, and local taxes and duties.Taxes

(l) . The Government reserves the right to Termination for the Government's convenience terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work 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 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 which reasonably could have been avoided.

(m) . See clause FAR 52.249-10, Default (Fixed-Price Construction).Termination for cause

(n) . Unless specified elsewhere in this contract, title to items furnished under this contract Title shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) . See clause FAR 52.246-21, Warranty of Construction.Warranty

(p) . Except as otherwise provided by an express warranty, the Contractor Limitation of liability will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) . The Contractor agrees to comply Compliance with laws unique to Government contracts with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.

C. chapter 21 relating to procurement integrity.

(r) . See clause FAR 52.236-21, Specifications and Drawings for Order of precedence Construction. All references to "architect" and "owner" within the specifications and drawings is to be read as "Contracting Officer".

(s) .Unauthorized obligations

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) . This paragraph applies if this contract was Comptroller General examination of record awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

(v) . The Contractor shall be required to Commencement, Prosecution, and Completion of Work commence work under this contract within 14 calendar days after the date the Contractor receives the notice to proceed, prosecute the work diligently, and complete the entire work ready for use not later than the time specified in the Continuation of Deliveries or Performance Section in number of calendar days after the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(w) . The Contractor will be required to attend a preconstruction Preconstruction conference conference prior to receiving the notice to proceed. The Contracting Officer will notify the Contractor after award specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

(End of clause)

52.219-14 Limitations on Subcontracting

(DEVIATION 2021-O0008)

2026-02 Deviation 2021- O0008

2023-02

LIMITATIONS ON SUBCONTRACTING (FEB 2023) (DEVIATION 2021-O0008)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) , as used in this clause, means a first-tier Definition. Similarly situated entity subcontractor, including an independent contractor, that--

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) This clause applies only to--Applicability.

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are--

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are--

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) An independent contractor shall be considered a subcontractor.Independent contractors.

(e) By submission of an offer and execution of a contract, the Limitations on subcontracting.

Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for--

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded.

When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. The following services may be excluded from the 50 percent limitation:

(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.

(ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause--

[X] By the end of the base term of the contract and then by the end of each subsequent option period; or

By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protege and its mentor approved by the Small Business Administration, the small business protege shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

DFARS Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective

Date

252.232-7006 Wide Area WorkFlow Payment Instructions.

2023-01

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

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

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

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

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

(b) The WAWF system provides the method to electronically process Electronic invoicing.

vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

(d) The Contractor should follow the training instructions of the WAWF WAWF training.

Web-Based Training Course and use the Practice 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 WAWF methods of document submission.

entry, Electronic Data Interchange, or File Transfer Protocol.

(f) The Contractor shall use the following information when WAWF payment instructions.

submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

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

document type(s):

(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.

N/A

(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 & Facilities Invoice

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

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

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

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

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

(3) The Contractor shall use the information in the Routing Data Document routing.

Table below only to fill in applicable fields in 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 W50S8K

Admin DoDAAC W50S8K

Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

F7M3CE

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s) ____

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in 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 Receiving report.

requirements of DFARS Appendix F.

(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.

Invoices: John Matthews; john.matthews.17@us.af.mil

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

(End of clause)

Addendum to 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services

01 00 00 - General Requirements

1. INSURANCE - MINIMUM AMOUNTS

1.1. Reference Contract Clause titled, "Insurance - Work on a Government Installation (FAR 52.228-5). Types and minimum amounts are as follows:

Workmen's Compensation $100,000 (see paragraph 1.2, below)

Comprehensive General Liability $500,000 per occurrence for bodily injury

Comprehensive Automobile Liability $200,000 per person and $500,000 per accident for bodily injury and $20,000 for property damage

1.2. Except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

1.3. NOTE: Before commencing work under this contract, the Contractor shall certify to the Contracting Officer, in writing, that the required insurance has been obtained. The policies referenced in the certification (s) shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed prescribe or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. The Contractor shall maintain a copy of proofs of required insurance and shall make copies available to the Contracting Officer upon request. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance and shall make copies available to the Contracting Officer upon request.

2. JEFFERSON BARRACKS LOCAL PROCEDURES

2.1. Warranties. Contractor shall assist the Government with any required product registrations for furnished products and materials under this contract.

2.2. Hot Works Permits. Notify the Contracting Officer's Representative (COR) at least 24 hours prior to performing any hot works for Civil Engineering (CE) to issue a AF 592 Hot Work Permit.

2.3. Dig Permits.

2.3.1. For Government owned utilities, submit AF 103 Base Civil Engineer Work Clearance to the COR at least five days prior to excavation.

2.3.2. For clearance of commercial owned utilities, the Contractor shall notify Missouri One Call /MO Dig Rite 7 days in advance. Contractor is responsible for coordinating base access and is required to be on site during utility locates.

2.3.3. The Contractor shall maintain a copy of the approved AF 103 and MO Dig Rite notification on site during excavation.

2.4. Deliveries. Contractor shall coordinate at least 3 business days in advance with the COR to use an alternate gate for delivery of large equipment and vehicles, when required. Contractor shall have a representative on site to coordinate deliveries of equipment and materials.

2.5. Environmental Requirements.

2.5.1. Coordinate with the base Environmental Office regarding any hazardous waste generated.

All hazardous waste manifests must be signed by a Base Environmental Office representative prior to the material leaving the installation. Contacts for the Environmental Office will be provided at the pre-construction conference.

2.5.2. Weight Tickets. Contractor will be responsible for the storage, transportation, and disposal of all demolition and waste materials. All refuse, debris, and construction waste shall be legally disposed of off base at a licensed landfill, hazardous material site, or approved recycling facility.

Accumulations of refuse on the site will not be permitted. Government dumpsters will not be used.

Weight tickets (or estimated weights if tickets are not provided) for all recycling and debris disposed will be provided to 131st Environmental Office both semi-annually and at the conclusion of the project.

2.5.3. Hazardous Material Tracking Form. Contractor must submit information on all proposed hazardous materials utilizing the Contractor Hazardous Materials Usage Tracking Form provided by the 131st Environmental Office (EO). Form submissions must be made at least three (3) business days prior to expected use, and must include a current Safety Data Sheet (SDS) for each material. For the purposes of this project, hazardous materials are paints, solvents, aerosols, cleaners, oils, sealants, mortar, concrete, and other such materials used in the course of this project. Safety Data Sheets for all approved materials must be kept at the job site at all times. If a material is not approved for use on the installation, the environmental office will work with the CE PM to identify a suitable substitute. A final Tracking Form must be submitted at the conclusion of the project. If the project is scheduled to last more than 180 days, the Tracking Form must be submitted quarterly with the updated material usage information, and at the conclusion of the project.

3. SCHEDULING

3.1. Normal base work hours for the Contractor will be between the hours of 7:00 AM through 4:30 PM, excluding Saturdays, Sundays, and Federal Holidays. If the Contractor desires to work during periods other than above, they must notify the Contracting Officer's Representative (COR) five (5) working days in advance of their intention to work during other periods to allow assignment of additional inspection forces. When the COR determines that they are reasonably available, they may authorize the Contractor to perform work during periods other than normal duty hours/days.

3.2. The following Federal legal Holidays are observed by this base:

New Year's Day 1 January

Martin Luther King's Birthday Third Monday of January

President's Day Third Monday of February

Memorial Day Last Monday of May

Juneteenth 19 June

Independence Day 4 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veteran's Day 11 November

Thanksgiving Day Fourth Thursday in November

Christmas Day 25 December

3.3. NOTE: Any of the above holidays falling on a Saturday will be observed the preceding Friday;

holidays falling on a Sunday will be observed on the following Monday.

3.4. Prior to commencing work on the job initially, resumption of work after prolonged interruption (7 calendar days or more), commencement of any warranty work, and upon completion of warranty work, the contractor must notify the Contracting Officer (or the Contracting Officer's Representative). When relocating to new sites, returning to sites for follow-up work on a phased work plan, notification to the Contracting Officer's Representative is sufficient. Notification should be by personal contact; however, advance notification may be by telephone, or in writing, and should be accomplished sufficiently in advance to allow scheduling of inspection forces. The purpose of the above precautions is to ensure construction inspection and recording of work proceedings.

3.5. The organization of the specifications into divisions, sections, and articles, and the arrangement of the drawings shall not control the Contractor in dividing the work among subcontractors or in establishing the extent of the work to be performed by any trade.

3.6. Sequence work to minimize need for temporary roof covering for extended periods (e.g., over a weekend).

4. INVOICING AND PAYMENT

4.1. Properly prepared invoices, bearing the contract number, shall be submitted to the Contracting Office via email, on designated invoice forms provided at the pre-construction meeting PRIOR to uploading in Wide Area Workflow (WAWF) the DFAS paying system. This submission will be for review prior to submitting an electronic invoice through Wide Area Workflow (WAWF). See end of this Section for important information and codes needed. Payment will be made in accordance with FAR clause 52.232-5, Fixed-Price Construction Contracts, and FAR clause 52.232-27, Prompt Payment for Construction Contracts. All payments will be made by electronic transfer of funds

(EFT).

4.2. To meet compliance with DFARS 252.232-7003, Electronic Submission of Payment Requests, you shall submit your request for payment (invoice) through WAWF. For more information on the WAWF system, including how to register, visit https://piee.eb.mil. Payment will be made by paying office specified in the contract award in accordance with the clauses referenced above.

4.3. The Government will make payment through WAWF upon satisfactory completion of work AND receipt of a proper certification for payment. Do not input invoice into WAWF until the pre-approval of invoice is received from the contracting officer. This will lessen the need for rejections in WAWF. Payment may be withheld unless all contractual requirements have been timely received including but not limited to: RECEIPT OF PROPER WEEKLY PAYROLLS IAW

CONSTRUCTION WAGE RATE REQUIREMENTS.

4.4. All requests for payments through WAWF must include a Subcontractor Payment Register pursuant to FAR Clause 52.232-5 and a contractor's certification that reads as follows:

I hereby certify, to the best of my knowledge and belief that -

The amounts requested are only for performance in accordance with the specifications, terms and conditions of the contract; All payments due to subcontractors and suppliers from…