Solicitation - W912C326BA001.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

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

9. FOR

INFORMATION CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

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

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

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

is, is not required.

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

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

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

AWARD (To be completed by Government)

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

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

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

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

30b. SIGNATURE 30c. DATE

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

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

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

CODE AT

27. PAYMENT WILL BE MADE BY

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

20b. SIGNATURE 20c. OFFER DATE

Section A - Solicitation/Contract Form

Repair and Installation of Fences and Gates

Product Service Code: Z2QA

W912C326BA001

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Estimated Quantity

Unit Unit Price

Amount

BASE PERIOD: REPAIR AND INSTALLATION

Contractor shall provide personnel, management, equipment, materials, supervision and all necessary to repair and install fences and gates. The work includes: repairing existing fences and installing new fencing and gates. The Contractor shall perform to the standards and specifications in this contract. The work under this contract will be issued via individual Task Orders.

THE TOTAL PRICE INCORPORATED ON THIS CLIN SHALL

MATCH

THE TOTAL AMOUNT FOR THE BASE PERIOD, ATTACHMENT

1:

SCHEDULE OF PRICES SPREADSHEET.

Pricing Arrangement: Firm Fixed Price

1 Job

BASE PERIOD-Payment and Performance Bonds- Contractor shall provide applicable Performance and Payment Bonds in accordance with FAR 52.228-15, Performance and Payment Bonds-Construction.

Pricing Arrangement: Firm Fixed Price

1 Each

Option Line Item

FIRST OPTION PERIOD: REPAIR AND INSTALLATION

Contractor shall provide personnel, management, equipment, materials, supervision and all necessary to repair and install fences and gates. The work includes: repairing existing fences and installing new fencing and gates. The Contractor shall perform to the standards and specifications in this contract. The work under this contract will be issued via individual Task Orders.

THE TOTAL PRICE INCORPORATED ON THIS CLIN SHALL

MATCH

THE TOTAL AMOUNT FOR THE BASE PERIOD, ATTACHMENT

1:

SCHEDULE OF PRICES SPREADSHEET.

Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

FIRST OPTION PERIOD-Payment and Performance Bonds- Contractor shall provide applicable Performance and Payment Bonds in accordance with FAR 52.228-15, Performance and Payment Bonds-Construction.

Pricing Arrangement: Firm Fixed Price

1 Each

SECOND OPTION PERIOD: REPAIR AND INSTALLATION

Contractor shall provide personnel, management, equipment, materials, supervision and all necessary to

Option Line Item repair and install fences and gates. The work includes: repairing existing fences and installing new fencing and gates. The Contractor shall perform to the standards and specifications in this contract. The work under this contract will be issued via individual Task Orders.

THE TOTAL PRICE INCORPORATED ON THIS CLIN SHALL

MATCH

THE TOTAL AMOUNT FOR THE BASE PERIOD, ATTACHMENT

1:

SCHEDULE OF PRICES SPREADSHEET.

Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

SECOND OPTION PERIOD: PAYMENT AND PERFORMANCE

BONDS

THIS CLIN WILL BE ACTIVATED, IF NEEDED, DURING A

DECLARED EMERGENCY ONLY. CONTRACTOR SHALL NOT

PRICE

THIS

CLIN.

Contractor shall provide for increased surge services, in accordance with the Statement of Work/Specifications. This CLIN estimate is 15% of the proposed price for CLIN 0001. The price(s) to be used for this CLIN will be based on Attachment 1, Schedule of Prices for the Base Period up to 15% of CLIN 0001 total pricing.

Note: The 15% (or any remaining percentage) of the proposed price for CLIN 0001 may be used in any of the Options period. The 15% is not to be exceeded for the entire 5 year period, unless modified.

Pricing Arrangement: Firm Fixed Price

1 Each

Option Line Item

THIRD OPTION PERIOD: REPAIR AND INSTALLATION

Contractor shall provide personnel, management, equipment, materials, supervision and all necessary to repair and install fences and gates. The work includes: repairing existing fences and installing new fencing and gates. The Contractor shall perform to the standards and specifications in this contract. The work under this contract will be issued via individual Task Orders.

THE TOTAL PRICE INCORPORATED ON THIS CLIN SHALL

MATCH

THE TOTAL AMOUNT FOR THE BASE PERIOD, ATTACHMENT

1:

SCHEDULE OF PRICES SPREADSHEET.

Pricing Arrangement: Firm Fixed Price

1 Job

THIRD OPTION PERIOD: PAYMENT AND PERFORMANCE

BONDS

THIS CLIN WILL BE ACTIVATED, IF NEEDED, DURING A

DECLARED EMERGENCY ONLY. CONTRACTOR SHALL NOT

PRICE

THIS

CLIN.

Contractor shall provide for increased surge services, in accordance with the Statement of Work/Specifications. This CLIN estimate is 15% of the proposed price for CLIN 0001. The price(s) to be used for this CLIN will be based on Attachment 1, Schedule of Prices for the Base Period up to 15% of CLIN 0001 total pricing.

Note: The 15% (or any remaining percentage) of the proposed price for CLIN 0001 may be used in any of the Options period. The 15% is not to be exceeded for the entire 5 year period, unless modified.

Pricing Arrangement: Firm Fixed Price

1 Each

Option Line Item

FOURTH OPTION PERIOD: REPAIR AND INSTALLATION

Contractor shall provide personnel, management, equipment, materials, supervision and all necessary to repair and install fences and gates. The work includes: repairing existing fences and installing new fencing and gates. The Contractor shall perform to the standards and specifications in this contract. The work under this contract will be issued via individual Task Orders.

THE TOTAL PRICE INCORPORATED ON THIS CLIN SHALL

MATCH

THE TOTAL AMOUNT FOR THE BASE PERIOD, ATTACHMENT

1:

SCHEDULE OF PRICES SPREADSHEET.

Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

FOURTH OPTION PERIOD: PAYMENT AND PERFORMANCE

BONDS

THIS CLIN WILL BE ACTIVATED, IF NEEDED, DURING A

DECLARED EMERGENCY ONLY. CONTRACTOR SHALL NOT

PRICE

THIS

CLIN.

Contractor shall provide for increased surge services, in accordance with the Statement of Work/Specifications. This CLIN estimate is 15% of the proposed price for CLIN 0001. The price(s) to be used for this CLIN will be based on Attachment 1, Schedule of Prices for the Base Period up to 15% of CLIN 0001 total pricing.

Note: The 15% (or any remaining percentage) of the proposed price for CLIN 0001 may be used in any of the Options period. The 15% is not to be exceeded for the entire 5 year period, unless modified.

Pricing Arrangement: Firm Fixed Price

1 Each

Section C - Description/Specifications/Statement of Work

Requirements The Contractor shall furnish all necessary administrative functions, personnel, materials, tools, equipment, services, transportation, and insurance required to perform fencing works. The work includes repairing existing fences and installing new fencing/gates.

DFARS Clauses Incorporated by Full Text

252.222-7000 Restrictions on Employment of Personnel (Mar 2000)

RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000)

(a) The Contractor shall employ, for the purpose of performing that portion of the contract work in Puerto Rico, individuals who are residents thereof and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills to perform the contract.

(b) The Contractor shall insert the substance of this clause, including this paragraph (b), in each subcontract awarded under this contract.

(End of clause)

Product Service Code: Z2QA

North American Industry Classification System (NAICS): 238990

Product Service Code: Z2QA

North American Industry Classification System (NAICS): 238990

Product Service Code: Z2QA

North American Industry Classification System (NAICS): 238990

Product Service Code: Z2QA

North American Industry Classification System (NAICS): 238990

Option Line Item

Product Service Code: Z2QA

North American Industry Classification System (NAICS): 238990

Option Line Item

Product Service Code: Z2QA

North American Industry Classification System (NAICS): 238990

Option Line Item

Product Service Code: Z2QA

North American Industry Classification System (NAICS): 238990

Option Line Item

Product Service Code: Z2QA

North American Industry Classification System (NAICS): 238990

Option Line Item

Product Service Code: Z2QA

North American Industry Classification System (NAICS): 238990

Option Line Item

Product Service Code: Z2QA

North American Industry Classification System (NAICS): 238990

Option Line Item

Product Service Code: Z2QA

North American Industry Classification System (NAICS): 238990

Option Line Item

Product Service Code: Z2QA

North American Industry Classification System (NAICS): 238990

Option Line Item

Product Service Code: Z2QA

North American Industry Classification System (NAICS): 238990

Product Service Code: Z2QA

North American Industry Classification System (NAICS): 238990

Option Line Item

Product Service Code: Z2QA

North American Industry Classification System (NAICS): 238990

Option Line Item

Product Service Code: Z2QA

North American Industry Classification System (NAICS): 238990

Option Line Item

Product Service Code: Z2QA

North American Industry Classification System (NAICS): 238990

Option Line Item

Product Service Code: Z2QA

North American Industry Classification System (NAICS): 238990

Option Line Item

Product Service Code: Z2QA

North American Industry Classification System (NAICS): 238990

Option Line Item

Product Service Code: Z2QA

North American Industry Classification System (NAICS): 238990

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Full Text

52.246-12 Inspection of Construction. (Aug 1996)

Inspection of Construction (Aug 1996)

(a) Definition."Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government.

All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not-

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this- section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work.

Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may-

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of clause)

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: In accordance with SOW and WAWF Clause 252.232-7006.

DoDAAC: W81YDN CountryCode: PRI

W1H1 USAG FT BUCHANAN

DPW LOGISTICS DIVISION, BLDG 37 SOUTH GATE RD

FORT BUCHANAN 00934-4206

PUERTO RICO

Inspection and Acceptance Location

Both Destination Instructions: In accordance with SOW and WAWF Clause 252.232-7006.

DoDAAC: W81YDN CountryCode: PRI

W1H1 USAG FT BUCHANAN

DPW LOGISTICS DIVISION, BLDG 37 SOUTH GATE RD

FORT BUCHANAN 00934-4206

PUERTO RICO

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: In accordance with SOW and WAWF Clause 252.232-7006.

DoDAAC: W81YDN CountryCode: PRI

W1H1 USAG FT BUCHANAN

DPW LOGISTICS DIVISION, BLDG 37 SOUTH GATE RD

FORT BUCHANAN 00934-4206

PUERTO RICO

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: In accordance with SOW and WAWF Clause 252.232-7006.

DoDAAC: W81YDN CountryCode: PRI

W1H1 USAG FT BUCHANAN

DPW LOGISTICS DIVISION, BLDG 37 SOUTH GATE RD

FORT BUCHANAN 00934-4206

PUERTO RICO

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: In accordance with SOW and WAWF Clause 252.232-7006.

DoDAAC: W81YDN CountryCode: PRI

W1H1 USAG FT BUCHANAN

DPW LOGISTICS DIVISION, BLDG 37 SOUTH GATE RD

FORT BUCHANAN 00934-4206

PUERTO RICO

Inspection and Acceptance Location

Both Destination Instructions: In accordance with SOW and WAWF Clause 252.232-7006.

DoDAAC: W81YDN CountryCode: PRI

W1H1 USAG FT BUCHANAN

DPW LOGISTICS DIVISION, BLDG 37 SOUTH GATE RD

FORT BUCHANAN 00934-4206

PUERTO RICO

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: In accordance with SOW and WAWF Clause 252.232-7006.

DoDAAC: W81YDN CountryCode: PRI

W1H1 USAG FT BUCHANAN

DPW LOGISTICS DIVISION, BLDG 37 SOUTH GATE RD

FORT BUCHANAN 00934-4206

PUERTO RICO

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: In accordance with SOW and WAWF Clause 252.232-7006.

DoDAAC: W81YDN CountryCode: PRI

W1H1 USAG FT BUCHANAN

DPW LOGISTICS DIVISION, BLDG 37 SOUTH GATE RD

FORT BUCHANAN 00934-4206

PUERTO RICO

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: In accordance with SOW and WAWF Clause 252.232-7006.

DoDAAC: W81YDN CountryCode: PRI

W1H1 USAG FT BUCHANAN

DPW LOGISTICS DIVISION, BLDG 37 SOUTH GATE RD

FORT BUCHANAN 00934-4206

PUERTO RICO

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: In accordance with SOW and WAWF Clause 252.232-7006.

DoDAAC: W81YDN CountryCode: PRI

W1H1 USAG FT BUCHANAN

DPW LOGISTICS DIVISION, BLDG 37 SOUTH GATE RD

FORT BUCHANAN 00934-4206

PUERTO RICO

Section F - Deliveries or Performance

Overall Contract Delivery Period

From 17 Feb 2026 to 16 Feb 2027

From date of lead time event to beginning of performance 10 Calendar Days Date of Award Receipt

From date of lead time event to completion of performance 1825 Calendar Days Date of Award Receipt

Line Item Delivery Schedule Estimated Quantity

Address and POC

Period of Performance From 17 Feb 2026 To 16 Feb 2027

1 Job

Period of Performance From 17 Feb 2026 To 16 Feb 2027

1 Each

Option Line Item

Period of Performance From 17 Feb 2027 To 16 Feb 2028

1 Job

Option Line Item

Period of Performance From 17 Feb 2027 To 16 Feb 2028

1 Each

Option Line Item

Period of Performance From 17 Feb 2028 To 16 Feb 2029

1 Job

Option Line Item

Period of Performance From 17 Feb 2028 To 16 Feb 2029

1 Each

Option Line Item

Period of Performance From 17 Feb 2029 To 16 Feb 2030

1 Job

Period of Performance From 17 Feb 2029 To 16 Feb 2030

1 Each

Option Line Item

Period of Performance From 17 Feb 2030 To 16 Feb 2031

1 Job

Option Line Item

Period of Performance From 17 Feb 2030 To 16 Feb 2031

1 Each

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.211-18 Variation in Estimated Quantity. Apr 1984

Section G - Contract Administration Data

DFARS Clauses Incorporated by Full Text

252.201-7000 Contracting Officer's Representative. (Dec 1991)

CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) Definition. "Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

(End of clause)

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. (Dec 2018)

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018)

(a) Definitions. As used in this clause-

"Contract financing payment" means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government.

(1) Contract financing payments include-

(i) Advance payments;

(ii) Performance-based payments;

(iii) Commercial advance and interim payments;

(iv) Progress payments based on cost under the clause at Federal Acquisition Regulation (FAR) 52.232-16, Progress Payments;

(v) Progress payments based on a percentage or stage of completion (see FAR 32.102(e)), except those made under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at FAR 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(vi) Interim payments under a cost reimbursement contract, except for a cost reimbursement contract for services when Alternate I of the clause at FAR 52.232-25, Prompt Payment, is used.

(2) Contract financing payments do not include-

(i) Invoice payments;

(ii) Payments for partial deliveries; or

(iii) Lease and rental payments.

"Electronic form" means any automated system that transmits information electronically from the initiating system to affected systems.

"Invoice payment" means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.

(1) Invoice payments include-

(i) Payments for partial deliveries that have been accepted by the Government;

(ii) Final cost or fee payments where amounts owed have been settled between the Government and the contractor;

(iii) For purposes of subpart 32.9 only, all payments made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, and the clause at 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(iv) Interim payments under a cost-reimbursement contract for services when Alternate I of the clause at 52.232-25, Prompt Payment, is used.

(2) Invoice payments do not include contract financing payments.

"Payment request" means any request for contract financing payment or invoice payment submitted by the Contractor under this contract or task or delivery order.

"Receiving report" means the data prepared in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement.

(b) Except as provided in paragraph (d) of this clause, the Contractor shall submit payment requests and receiving reports in electronic form using Wide Area WorkFlow (WAWF). The Contractor shall prepare and furnish to the Government a receiving report at the time of each delivery of supplies or services under this contract or task or delivery order. .

(c) Submit payment requests and receiving reports to WAWF in one of the following electronic formats:

(1) Electronic Data Interchange.

(2) Secure File Transfer Protocol.

(3) Direct input through the WAWF website.

(d) The Contractor may submit a payment request and receiving report using methods other than WAWF only when-

(1) The Contractor has requested permission in writing to do so, and the Contracting Officer has provided instructions for a temporary alternative method of submission of payment requests and receiving reports in the contract administration data section of this contract or task or delivery order;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment on a contract or task or delivery order for rendered health care services using the TRICARE Encounter Data System; or

(4) The Governmentwide commercial purchase card is used as the method of payment, in which case submission of only the receiving report in WAWF is required.

(e) Information regarding WAWF is available at https://wawf.eb.mil/.

(f) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

(End of clause)

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause-

"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) Electronic invoicing. The WAWF system provides the method to electronically process 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) WAWF access. To access WAWF, the Contractor shall-

(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) WAWF training. The Contractor should follow the training instructions of the WAWF 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) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

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

Contract Type: DoD Contract (FAR) Invoice Type: Construction

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

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

N/A

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

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

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

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

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

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

(3) Document routing. The Contractor shall use the information in the Routing Data 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 HQ0490 Issue By DoDAAC W912C3 Admin DoDAAC W912C3 Inspect By DoDAAC W81YDN Ship To Code W81YDN Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) W81YDN Service Acceptor (DoDAAC) W81YDN Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____ (*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

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

(4) 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) Receiving report. The Contractor shall ensure a receiving report meets the 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.

TO BE PROVIDED AT TIME OF AWARD

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

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

(End of clause)

252.236-7000 Modification Proposals--Price Breakdown. (Dec 1991)

MODIFICATION PROPOSALS--PRICE BREAKDOWN (DEC 1991)

(a) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the Contracting Officer, with any proposal for a contract modification.

(b) The price breakdown-

(1) Must include sufficient detail to permit an analysis of profit, and of all costs for-

(i) Material;

(ii) Labor;

(iii) Equipment;

(iv) Subcontracts; and

(v) Overhead; and

(2) Must cover all work involved in the modification, whether the work was deleted, added, or changed.

(c) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts.

(d) The Contractor's proposal shall include a justification for any time extension proposed.

(End of clause)

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

Jan 2025

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.214-26 Audit and Records-Sealed Bidding. Jun 2020

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data-Modifications-Sealed Bidding.

Jun 2020

52.214-28 Subcontractor Certified Cost or Pricing Data-Modifications-Sealed Bidding. Jun 2020 52.219-8 Utilization of Small Business Concerns. Jan 2025 52.222-3 Convict Labor. Jun 2003 52.222-9 Apprentices and Trainees. Jul 2005 52.222-10 Compliance with Copeland Act Requirements. Feb 1988 52.222-12 Contract Termination-Debarment. May 2014 52.222-35 Equal Opportunity for Veterans. Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-37 Employment Reports on Veterans. Jun 2020 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. Dec 2010 52.222-54 Employment Eligibility Verification. Jan 2025 52.226-7 Drug-Free Workplace. May 2024 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 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.228-15 Performance and Payment Bonds-Construction. Jun 2020 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.232-17 Interest. May 2014 52.232-18 Availability of Funds. Apr 1984 52.232-23 Assignment of Claims. May 2014 52.236-6 Superintendence by the Contractor. Apr 1984 52.236-17 Layout of Work. Apr 1984 52.242-13 Bankruptcy. Jul 1995 52.243-4 Changes. Jun 2007 52.246-21 Warranty of Construction. Mar 1994 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-10 Default (Fixed-Price Construction). Apr 1984

FAR Clauses Incorporated by Full Text

52.202-1 Definitions. (Jun 2020)

Definitions (Jun 2020)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless-

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;

(d) The word or term is defined in FAR part 31, for use in the cost principles and procedures; or

(e) The word or term defines an acquisition-related threshold, and if the threshold is adjusted for inflation as set forth in FAR 1.109(a), then the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment; see FAR 1.109(d).

(End of clause)

52.203-3 Gratuities. (Apr 1984)

Gratuities (Apr 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative-

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled-

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This paragraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

52.203-5 Covenant Against Contingent Fees. (May 2014)

Covenant Against Contingent Fees (May 2014)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

Bona fide employee, as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

Contingent fee, as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

Improper influence, as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

(End of clause)

52.203-6 Restrictions on Subcontractor Sales to the Government. (Jun 2020)

Restrictions on Subcontractor Sales to the Government (Jun 2020)

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award.

(End of clause)

52.203-7 Anti-Kickback Procedures. (Jun 2020)

Anti-Kickback Procedures (Jun 2020)

(a) Definitions.

Kickback, as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

Person, as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

Prime contract, as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

Prime Contractor as used in this clause, means a person who has entered into a prime contract with the United States.

Prime Contractor employee, as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

Subcontract, as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

Subcontractor, as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

Subcontractor employee, as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) 41 U.S.C. chapter 87, Kickbacks, prohibits any person from-

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c)

(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Attorney General.

(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.

(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or

(ii) direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.

(5) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c)(5) but excepting paragraph (c)(1) of this clause, in all subcontracts under this contract that exceed the threshold specified in Federal Acquisition Regulation 3.502-2(i) on the date of subcontract award.

(End of clause)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (May 2014)

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

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

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

(2) Rescind the contract with respect to which-

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

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

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

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

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

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

(End of clause)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (May 2014)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of clause)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (Jun 2020)

Limitation on Payments to Influence Certain Federal Transactions (Jun 2020)

(a) Definitions. As used in this clause-

Agency means "executive agency" as defined in Federal Acquisition Regulation (FAR) 2.101.

Covered Federal action means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.

C. 450b) and include Alaskan Natives.

Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

Officer or employee of an agency includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee,…