Solicitation W9124A23R0016.pdf

The Government intends to aw ard a Firm Fixed-Price, Low est Priced Technically Acceptable (LPTA) contract on an all or none basis, to the offeror that meets all the terms and conditions of this Solicitation to Renovate Bldg. 52110 located at Fort Huachuca, Arizona.

This is a 100% Small Business Set-Aside.

The North American Classif ication System (NAICS) Code is 236220 Commercial and Institutional Building Construction Contractors.

The applicable Wage Determination is Building Construction General Decision Number: 23 June 2023. The Wage Determination is included in this Solicitation.

Notice to Proceed (NTP) as stated in Block 11 below , w ill not be issued until the Contractor provides sufficient bonding to cover the w ork being performed. Bonds and other payment protections shall be provided w ithin 10 calendar days of aw ard. Bid Guarantee required see FAR Clause 52.228.1 Bid Guarantee.

Proposals are due 21 August 2023, 12:00 p.m. Arizona time

MAVERICK C SIRAGUSA (520) 533-3916

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

20-Jul-2023

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________300 calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________SOO 501

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee X is, is not required.

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

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

ACC-APG

CONSTRUCTION 600AUGER ST BLDG 22208

FT HUACHUCA AZ 85613

W9124A

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W9124A23R0016 38

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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 NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W9124A23R0016

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Renovate Bldg. 52110

FFP

NET AMT

0001AA 1 Job Renovate Bldg. 52110

FFP

Renovate Bldg. 52110 Fort Huachuca, Arizona, per Statement of Objectives dated 14 June 2023.

FOB: Destination

PSC CD: Z2AZ

0001AB 1 Job OPTION Fire Sprinkler System

FFP

Fire Sprinkler System for Buiding 52110

Contract Manpower Reporting

FFP

0002AA 1

Contract Manpower Reporting

FFP

Contract Manpower Reporting

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0001AA N/A N/A N/A N/A

0001AB N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0002AA N/A N/A N/A N/A

Section 00 21 16 - Instructions to Proposers

INSTRUCTION TO PROPOSERS

A. SITE VISIT:

Only one Site Visit will be conducted and no requests for additional Site Visits or make-up Site Visits will be granted. The information provided in the Site Visit Instructions is for informational purposes only.

We will be meeting at the Murr Community Center on 24 July, 2023 at 10:00AM Arizona Time.

Address: 51301 Cushing St, Fort Huachuca, AZ 85613-7070

Attached is a map and turn-by-turn driving directions to the Murr Community Center (Attachment J-08)

Please note that no outside food or drink is allowed inside the Murr Community Center except for bottled water.

***Interior photographs will be allowed for contractor’s who submit that request with their RSVP. The photographer will be limited to 1 person per Prime contractor, and the full name of the photographer must be submitted with the RSVP. Subcontractors may attend but will need to work through their Prime for photos they want. Exterior photographs will not be allowed for this site visit and will be requested of the Government during the site visit. Those exterior photographs taken by the Government will be posted with the Answers to Questions. For any contractor that currently has permission to take photographs due to current work being performed on Fort Huachuca, that permission does not apply to this site visit, and the by name request for a photographer for the purposes of this site visit is still needed with the RSVP.***

You will need Driver’s License/Photo ID, Proof of Insurance, Registration, and no felonies on your record to access Fort Huachuca. You will have to park in the parking lot at the gate and go to the building and check in. Please allow yourself plenty of time so you can be on time for the Site Visit. Anyone that is 10 minutes late will not be able to attend the Site Visit. Request confirmation of intent to attend the site visit NLT Friday 21 July, 2023, by 12:00PM Arizona Time.

Please contact the Van Deman Gate (East Gate) & Visitor Control Center at 520-533-3269 for any questions.

Please check the following website and go to the Gate Information link for more information:

https://home.army.mil/huachuca/index.php

B. QUESTIONS:

Any questions about Solicitation W9124A23R0016 must be submitted via email by 31 July

2023, 4:00PM Arizona Time.

1. Questions submitted after this date will not be answered. No questions will be answered telephonically. All questions must be submitted via email to individuals listed below:

Nadia I. Firestone Contract Specialist nadia.i.firestone.civ@army.mil

Maverick C. Siragusa Contract Specialist maverick.c.siragusa.civ@army.mil

Jonathan W. Jones Contract Specialist jonathan.w.jones56.civ@army.mil

Glenn E. Hohman Contracting Officer glenn.e.hohman.civ@army.mil

2. Please provide the applicable SOO paragraph number, page number, CLIN number, or other applicable location in the Solicitation for each question.

3. All questions received will be answered and distributed to all parties by a posting under the solicitation number to https://sam.gov, without an identification of the requestor.

4. Check https://sam.gov for responses to questions. No verbal or email responses will be provided.

5. Contracting is unable to upload AutoCAD drawings. Please send an email to the POCs requesting the AutoCAD DWG Drawing via email.

C. SYSTEM FOR AWARD MANAGEMENT (SAM):

1. Any contract with the government requires registration in the SAM.gov prior to award. It is also required for any contractor doing business with the government under contract be registered in https://sam.gov.

2. For questions or assistance with SAM.gov please visit https://sam.gov and click the HELP link or speak to your local servicing Small Business Administration (SBA). You may locate your local servicing SBA at https://www.sba.gov/

D. BASIS FOR CONRACT AWARD:

1. The Government will award a Firm Fixed-Price Contract that will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors of the Solicitation.

2. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Proposals shall be complete and include all information the offeror wants the Government to consider and evaluate and conform to all required terms and conditions.

PROPOSAL INSTRUCTIONS

F. PROPOSAL SUBMISSION:

PROPOSAL PREPARATION

Technical Factor (Volume I):

1. Technical Proposals shall address all the elements required in the attached Statement of Objectives (SOO).

2. The contractor’s proposed schedule shall be submitted with the technical proposal. The schedule shall be in the form of a progress chart of suitable scale to indicate the percentage of work scheduled for completion at any given date during the period.

3. Technical Proposal with schedule submission is limited to 15 pages.

4. Provide a List of Materials with quantities and a total price for all materials. Materials will not be evaluated for price on an individual basis.

5. Provide a List of Equipment with quantities and a total price for all equipment. Equipment will not be evaluated for price on an individual basis.

6. Proposals shall be single spaced. Each paragraph shall be separated by at least one blank line.

A standard, 12-point minimum font size applies. Arial or Times New Roman fonts are required.

Tables and illustrations may use a reduced font size no less than 8-point and may be landscape.

Price Factor (Volume II):

1. A price for each CLIN/SLIN shall be provided in your proposal. Pricing must be totaled in the proposal to show the total overall price as indicated in the price summary below.

2. An example price summary is provided below.

PRICE FACTOR SUMMARY:

CLIN Description Unit Price Total Price 0001AA Renovate Bldg.

52110

0001AB Fire Sprinkler System

Total

3. No price information shall be presented in any part of the proposal except the Price Proposal.

Proposals shall be clear and concise, logically assembled (with all pages appropriately numbered) and referenced to applicable parts of the Statement of Objectives or Request for Proposal, as appropriate. To reduce proposal size, the Offeror will confine submission to essential matters sufficient to define the proposal and provide an adequate basis for evaluation.

File shall not contain classified data.

4. The contractor shall provide a labor break-out of all labor rates and loadings (all indirect rates, inclusive of labor indirect rates, G&A, and profit) that lead to the establishment of the firm fixed price. The contractor will provide a price breakout for all major components and equipment.

Past Performance Factor (Volume III):

1. Past Performance related to Remodel Training Facility occurring in the past 5 years must be provided using the Past Performance Evaluation Questionnaire Form provided as attachment J- 06 of this solicitation. The Questionnaire should be sent to the PCO/ACO of the recent/relevant effort to be completed. The completed forms must be e-mailed to:

Nadia I. Firestone Contract Specialist nadia.i.firestone.civ@army.mil Maverick C. Siragusa Contract Specialist maverick.c.siragusa.civ@army.mil

Jonathan W. Jones Contract Specialist jonathan.w.jones56.civ@army.mil

Glenn E. Hohman Contracting Officer glenn.e.hohman.civ@army.mil

No later than 21 August 2023, 12:00PM Arizona Time.

2. Late submissions may not be considered.

3. See Attachment for instructions for completing Past Performance Questionnaires

4. Additional Sources of Past Performance Information for Evaluation which may be used by the contracting office to determine acceptability of past performance. Sources such as the following maybe used:

• Past performance information may be provided by the offeror, as solicited.

• Past performance information may be obtained from established systems such as the Contractor Performance Assessment Reporting System (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; and may be obtained from other sources available to the Government, such as the Defense Contract Management Agency; and interviews with Program Managers, Contracting Officers, Fee Determining Officials. Although the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

G. PROPOSALS/SPECIFICATIONS SUBMISSIONS

Proposals are to be submitted via e-mail to the Points of Contact listed below by 21 August 2023, 12:00PM Arizona Time.

H. POINT OF CONTACTS (POC):

Nadia I. Firestone Contract Specialist nadia.i.firestone.civ@army.mil

Maverick C. Siragusa Contract Specialist maverick.c.siragusa.civ@army.mil

Jonathan W. Jones Contract Specialist jonathan.w.jones56.civ@army.mil

Glenn E. Hohman Contracting Officer glenn.e.hohman.civ@army.mil

BASIS FOR AWARD

I. PROPOSAL EVALUATION:

CRITERIA/FACTORS:

1. The Government will award a firm fixed price contract. The Contract will be awarded on Lowest Price Technically Acceptable (LPTA) basis using the following factors:

Factor 1: Technical Approach to include Schedule (Tentative, Including Details) Limited to 15 pages

SubFactors:

a. Materials/Quantities/Equipment (Not evaluated for price on an individual basis)

b. Labor Hours

c. Schedule

Factor 2: Price Proposal** To include CLIN/SLIN Structure. See sample CLIN/SLIN Structure in Proposal Preparation Section F.

Factor 3: Past Performance—Experience related to Building Renovation in the past 5 years

a. FACTOR 1: Technical (Volume I)

Rating: Description:

Acceptable

Proposal meets the requirements of the solicitation.

Unacceptable

Proposal does not meet the requirements of the solicitation.

The above ratings will be used to determine if the proposal meets Technical requirements. All subfactors must be rated as acceptable for the overall Technical Approach Factor rating to be determined acceptable.

b. FACTOR 2: Price (Volume II)

Price fair and reasonableness will be determined by the Contracting Officer. The contractor shall provide a labor break-out of all labor rates and loadings (all indirect rates, inclusive of labor indirect rates, G&A, and profit) that lead to the establishment of the firm fixed price.

The contractor will provide a price breakout for on all major components and equipment.

*Provide quantities for materials, and ensure that they coincide with your price proposals.

*Annotate your labor hours

c. FACTOR 3: Past Performance (Volume III)

1. Experience provided by the contractor that is related to Remodel Training Facility in the past 5 years will be evaluated. Please limit to no more than 3 of the most relevant projects.

2. Past Performance information must be submitted using the Past Performance Questionnaire form provided in the Contracting Forms Section. Past Performance will be assigned a rating based on the criteria below:

Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown (a neutral rating shall be considered “acceptable”).

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

3. The contractor must provide recent and relevant Past Performance Information to be assessed a rating of Acceptable.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or "neutral") past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered "acceptable."

OTHER DETAILS

1. This requirement, when awarded, will follow and incorporate the applicable FAR, DFARS, and other applicable Federal, State, and Local Statutes, Codes, or Regulations.

2. Government intends to evaluate and award without discussions; however, if deemed necessary, notification will be provided electronically or by phone.

3. Notice to Proceed: Notice to Proceed will not be issued until the Contractor provides sufficient bonding to cover the work being performed. Bonds and other payment protections shall be provided within 10 calendar days of award of a Contract.

4. DD FORM 1354: The contractor shall prepare a DD Form 1354 Transfer and Acceptance of Military Real Property near completion of the project and submit it to the Government prior to final inspection and acceptance. The contractor may obtain a DD Form 1354 Transfer and Acceptance of Military Real Property worksheet from the DPW COR.

5. Wage Determination: The applicable Wage Rate Requirement for this Contract is:

General Decision Number: AZ20230023 “Building” dated 06/22/2023.

6. The North American Industry Classification System (NAICS) code that applies to this requirement is 236220 with a size standard of $45M.

7. Payment for Materials Stored on Site: Payment in advance of installation for materials stored on site will not be considered under this Contract.

8. Bid Guarantee: Provide a fully executed Bid Bond as required by FAR 52.228- 1 Bid Guarantee. Submit a scanned copy of the completed bid bond, Standard Form 24, electronically with the proposal. Original bid bond must be received by this office within five calendar days after proposal due date. The Government will review the Bid Bond for legal sufficiency.

9. IAW FAR 28.101-1(b) only separate bid guarantees are acceptable for construction contracts.

Additionally, the Contracting Officer has determined that only a separate Bid Bond (SF 24) is acceptable for this effort.

10. Performance and Payment Bonds: Performance and Payment Bonds shall be required within 10 calendar days after award of the Contract in accordance with FAR Clause 52.228-15.

11. Personnel Security: The following information must be verbatim in proposed Statement of Work:

All Contractor personnel performing on U.S. Government facilities or installations (on a regular basis for a period of six months or more) vetted IAW Army Sustainment Command (ASC) CG policy 380-13. All applicable Contractor personnel must, at a minimum, have a favorably adjudicated Tier 1, or an equivalent or higher, investigation IAW Homeland Security Presidential Directive-12 (HSPD-12). All applicable local access security policies and procedures (provided by Government representative) shall be complied with. The Contractor shall have a pre-hiring system in place to ensure probability and eligibility to receive a favorably adjudicated Tier 1.

Upon notice to proceed, the Contractor shall provide the KO with the contact information for the Contractor Security POC (email/phone). Additionally, the Security POC shall provide the Personnel Log (Attachment J-07) to both the Contracting Officer’s Representative (COR) and the ASC G2 Contractor Background Investigation Management (KTR BIM) Program (Ms.

Ashley Drake, at ashley.d.drake11.civ@army.mil). The KTR BIM will contact the FSO/POC and provide specific instructions on the electronic submission of background investigations (SF 85 and FD 258 Fingerprint Card) in accordance with HSPD-12 and Defense Counterintelligence and Security Agency (DCSA) guidance. The KTR BIM will provide verification of existing investigations for personnel transitioning from other contracts.

12. This requirement will be paid using Wide Area Work Flow (WAWF).

13. The proposal shall be valid for 90 calendar days.

Section 00 50 00 - Contracting Forms and Supplements

PAST PERFORMANCE QUESTIONNAIRE

PAST PERFORMANCE EVALUATION QUESTIONNAIRE FORM PROVIDED AS

ATTACHEMENT J-06.

THE QUESTIONAIRRE SHOULD BE GIVEN TO THE PROCURING CONTRACTING

OFFICER/ ADMINISTRATIVE CONTRACTING OFFICER TO COMPLETE AND SEND

BACK TO ACC-APG, HUACHUCA DIVISION DIRECTORATE OF CONTRACTING

BRANCH WITH THE POCS INDICATED IN PARAGRAPH H.

Section 00 70 00 - Conditions of the Contract

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A N/A 0001AA Destination Government Destination Government 0001AB Destination Government Destination Government 0002 N/A N/A N/A N/A 0002AA Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

JUN 2020

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

JAN 2017

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

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

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

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-13 Time Extensions SEP 2000 52.215-2 Audit and Records--Negotiation JUN 2020 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns OCT 2022 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.

JUN 2016

52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.223-20 Aerosols JUN 2016 52.223-21 Foams JUN 2016 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997

52.228-11 Individual Surety--Pledge of Assets FEB 2021 52.228-12 Prospective Subcontractor Requests for Bonds DEC 2022 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction JUN 2020 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Products and Commercial

Services

JUN 2023

52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2020 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

JAN 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

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

JAN 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements JAN 2023 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.227-7013 Rights in Technical Data--Other Than Commercial Products and Commercial Services

MAR 2023

252.227-7016 Rights in Bid or Proposal Information JAN 2023 252.227-7022 Government Rights (Unlimited) MAR 1979 252.227-7023 Drawings and Other Data to become Property of Government MAR 1979 252.227-7024 Notice and Approval of Restricted Designs APR 1984 252.227-7025 Limitations on the Use or Disclosure of Government-

Furnished Information Marked with Restrictive Legends

JAN 2023

252.227-7033 Rights in Shop Drawings APR 1966 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022

CLAUSES INCORPORATED BY FULL TEXT

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

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

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other 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);

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

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in 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.

Critical technology means--

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

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

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

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

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

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

(5) 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 42 of such Code; or

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

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

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

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) 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.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the 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.

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

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

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or 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.

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

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; 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.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about 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.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 300 calendar days. The time stated for completion shall include final cleanup of the premises.

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

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $205.00 for each calendar day of delay until the work is completed or accepted.

(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.

52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

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

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier 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) Applicability. This clause applies only to--

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

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

(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--

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

X 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.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAR 2023)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph

(d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone…