Conformed Solicitation Amendement 2.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

2272 Carpet & Paint

Product Service Code: Z2AA Date: 28 Jun 2024

W50S7424RA0150002

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Carpet Tile:

Non-personal services:

Provide all plant, labor, new and current material, transportation, tools, equipment, appliances, supplies, services, permits, insurance and supervision necessary to "Carpet and Paint 2272", in accordance with the attached specs and drawings dated 13 September 2024 at 163rd ATKW, March ARB, CA.

Product Service Code: Z2AA Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Rubber Base:

Non-personal services:

Provide all plant, labor, new and current material, transportation, tools, equipment, appliances, supplies, services, permits, insurance and supervision necessary to "Carpet and Paint 2272", in accordance with the attached specs and drawings dated 13 September 2024 at 163rd ATKW, March ARB, CA.

Product Service Code: Z2AA Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Paint offices:

Non-personal services: Provide all plant, labor, new and current material, transportation, tools, equipment, appliances, supplies, services, permits, insurance and supervision necessary to "Carpet and Paint 2272", in accordance with the attached specs and drawings dated 13 September 2024 at 163rd ATKW, March

ARB, CA.

Product Service Code: Z2AA Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Paint Corridor:

Non-personal services: Provide all plant, labor, new and current material, transportation, tools, equipment, appliances, supplies, services, permits, insurance and supervision necessary to "Carpet and Paint 2272", in accordance with the

1 Job attached specs and drawings dated 13 September 2024 at 163rd ATKW, March

ARB, CA.

Product Service Code: Z2AA Pricing Arrangement: Firm Fixed Price

Section C - Description/Specifications/Statement of Work

Requirements Replace ~4,000 sf carpet tile and 800 if rubber base. Paint ~14,500 sf interior walls. Work is shown on the drawings.

Renovate approximately 1200 sf interior rooms for Command Post, SIPR Cafe, and SIPR Meeting Room. Work includes demolition, sound walls, raised flooring, ceilings, doors and frames, mechanical and electrical.

THIS IS A SMALL BUSINESS COMPETITIVE SET-ASIDE.

NAICS: 236220

PROJECT MAGNITUDE: Between $25,000 and $100,000.

FUNDS ARE NOT PRESENTLY AVAILABLE FOR THIS EFFORT. NO AWARD WILL BE MADE

UNDER THIS SOLICITATION UNTIL FUNDS ARE AVAILABLE. THE GOVERNMETN RESERVES

THE RIGHT TO CANCEL THIS SOLICITATION, EITHER BEFORE OR AFTER THE CLOSING DATE.

IN THE EVENT THE GOVERNMENT CANCELS THIS SOLICITTAION, THE GOVERNMENT HAS NO

OBLIGATION TO REIMBURSE AN OFFEROR FOR ANY COSTS.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.246-12 Inspection of Construction. Aug 1996

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance

DoDAAC: F7S3E1 CountryCode: USA

163 CES CEO ELECT

AF BPN NO MILSBILLS PROCESSES, 5237 AIR GUARD WAY BLDG 2276

MARCH ARB, CA 92518

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance

DoDAAC: F7S3E1 CountryCode: USA

163 CES CEO ELECT

AF BPN NO MILSBILLS PROCESSES, 5237 AIR GUARD WAY BLDG 2276

MARCH ARB, CA 92518

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance

DoDAAC: F7S3E1 CountryCode: USA

163 CES CEO ELECT

AF BPN NO MILSBILLS PROCESSES, 5237 AIR GUARD WAY BLDG 2276

MARCH ARB, CA 92518

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Inspection and Acceptance

DoDAAC: F7S3E1 CountryCode: USA

163 CES CEO ELECT

AF BPN NO MILSBILLS PROCESSES, 5237 AIR GUARD WAY BLDG 2276

MARCH ARB, CA 92518

UNITED STATES

Section F - Deliveries or Performance

Overall Contract Delivery Period

From 01 Oct 2024 to 31 Oct 2024

From date of lead time event to completion of performance 60 Calendar Days Date of Notice to Proceed Receipt

From date of lead time event to beginning of performance 30 Calendar Days Date of Notice to Proceed Receipt

Line Item Delivery Schedule Quantity Address and POC

Delivery Period From 01 Oct 2024 to 30 Nov

Period of Performance From 01 Oct 2024 To 31 Oct 2024

1 Job Place of Performance DoDAAC: F7S3E1 CountryCode: USA

163 CES CEO ELECT

AF BPN NO MILSBILLS PROCESSES, 5237 AIR GUARD WAY

BLDG 2276

MARCH ARB, CA 92518

UNITED STATES

Option Line Item

Delivery Period From 01 Oct 2024 to 30 Nov

Period of Performance From 01 Oct 2024 To 31 Oct 2024

1 Job Place of Performance DoDAAC: F7S3E1 CountryCode: USA

163 CES CEO ELECT

AF BPN NO MILSBILLS PROCESSES, 5237 AIR GUARD WAY

BLDG 2276

MARCH ARB, CA 92518

UNITED STATES

Option Line Item

Delivery Period From 01 Oct 2024 to 30 Nov

Period of Performance

1 Job Place of Performance DoDAAC: F7S3E1 CountryCode: USA

163 CES CEO ELECT

AF BPN NO MILSBILLS PROCESSES, 5237 AIR GUARD WAY

BLDG 2276

MARCH ARB, CA 92518

UNITED STATES

From 01 Oct 2024 To 31 Oct 2024

Option Line Item

Delivery Period From 01 Oct 2024 to 30 Nov

Period of Performance From 01 Oct 2024 To 31 Oct 2024

1 Job Place of Performance DoDAAC: F7S3E1 CountryCode: USA

163 CES CEO ELECT

AF BPN NO MILSBILLS PROCESSES, 5237 AIR GUARD WAY

BLDG 2276

MARCH ARB, CA 92518

UNITED STATES

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.247-34 F.o.b. Destination. Nov 1991

Section G - Contract Administration Data

GENERAL CONDITIONS

2.1 CHANGES

All work shall be completed in a workmanlike manner according to generally accepted standard practices. Any alteration, or deviation from the drawings/specifications or contract involving extra costs or credits will be executed as mutually agreed upon and be verified by written change order.

2.2 TESTS & INSPECTIONS

Provide all required tests and inspections required by code.

2.3 WARRANTY

Guarantee the material and workmanship for a minimum of one (1) year following the date of substantial completion

2.4 STAGING AND SITE ACCESS

Materials and Equipment shall be staged in adjacent parking lots. Contractor and Government shall establish schedule of use.

2.5 DEMOLITION

Dispose per industry standards and regulations to approved off-base location.

2.6 PROJECT CLEANUP

Construction debris will be removed on a daily basis. Prior to final acceptance, contractor shall remove all waste materials and debris arising from construction and shall present all construction areas in a broom clean condition.

2.7 HOURS OF OPERATION

Construction shall be performed during normal duty hours which are 0700-1600, Tuesdays through Fridays, excluding federal holidays, unless otherwise required in the contract or approved by the COR. There may be situations that require the contractor to work at times other than normal working hours. When the Contractor's work schedule conflicts with an Air Force mission requirement, the COR reschedule the work to minimize disruption.

2.8 RECOGNIZED HOLIDAYS

Contractor is not required to provide service on federal holidays, except in emergency situations.

When a federal holiday falls on Saturday, the preceding Friday will be observed. If these holidays fall on Sunday, the following Monday will be observed. If a holiday falls on a scheduled service day, the Contractor will be responsible for rescheduling services for the first day post the holiday observance.

2.9 BASE CLOSURES

Work scheduled but not accomplished because of base closure due to weather, exercises, or actual alert, will be accomplished as soon as possible after reopening the base.

2.10 CONTRACTOR IDENTIFICATION BADGES

March Air Reserve Base is a DOD installation. All badging and security checks will be done in accordance with DOD, Air Force and base Security Forces requirements.

B Badges will be issued by the 452d Security Forces Squadron (SFS) to the contractor through the 163d Civil Engineering Squadron (CES) Construction Inspector. Badges shall be issued, tracked, and collected in accordance with instructions from Security Forces.

C The following are the requirements and procedures for the contractor:

1 Contractors and sub-contractors working on the installation for 30 calendar days or more must be issued contractor identification badges. Contractors must submit a list of all workers using government provided form which will be routed through 452 SFS for approval. Once approved, passes will be picked up at the visitor center.

2 Contractors working in Controlled or Restricted areas or any area on the flight line must be issued a specific contractor identification badge or be escorted.

2.11 PERFORMANCE OF SERVICE DURING CRISIS OR HEIGHTENED SECURITY

In the event of crisis or heightened security caused by a national emergency, natural disaster, or other cause, continue performance as required in support of the Air Force mission. The Contract price and delivery schedule maybe adjusted to reflect any change of work that may be directed. This service is not determined to be essential for performance during crisis according to DODI 3020.37.

2.12 SPECIAL QUALIFICATIONS

Contractor shall provide the name and telephone number of the Contractor's on-site contract manager and alternate. The Contractor's on-site manager and alternate must both be able to speak and write in the English language. Wither the on-site manager or alternate must be present on site at all times to provide quality control and oversite of project operations.

2.13 INTERFACES

Do not unduly interfere with regularly scheduled Government operational activities in the performance of contract requirements. In the event a Government supervisor so requests, temporarily cease work in the area and report the instructions, to include name of the Government person involved, to the COR immediately by the most expedient means.

Notify the COR verbally of disputes with customers or other base contractors and follow-up in writing.

2.14 WORK CLEARANCE/DIG PERMIT REQUESTS

Contractor shall obtain an approved Work Clearance Request, AF Form 103, for all work which involves excavation including minor digging. Blank digging permits are available from the 163d CES Operations Section and must be routed through the 452d CES and other on- base parties as listed on the form. The approval process takes roughly two weeks to complete.

2.15 SAFETY REQUIREMENTS AND REPORTS

Contractor shall perform work in a safe manner as required by OSHA Safety and Health Requirements.

Provide a verbal report to the COR as soon as possible of each occurrence of damage to Government property or an accident resulting in death, injury, occupational disease, or adverse environmental impact. Provide a completed copy of required Accident Investigation Reports to the COR within five calendar days of each occurrence.

2.16 PARTNERING AGREEMENT

COR may require a partnering agreement between the Government and Contractor to facilitate joint cooperation and a sound partnership of all parties involved in the execution of this contract.

Partnering is the creation of a Government-Contractor relationship that promotes achievement of mutually beneficial goals. It involves an agreement in principal to share the risk involved in completing the project and to establish and promote a nurturing partnership environment.

Representatives from each organization are encouraged to participate in developing a partnering agreement. The partnering agreement that results may be formal or informal. If formal, it should be reduced to writing and signed by the parties involved.

A Badges or temporary base passes will be issued. All commercial vehicles will be inspected each time they enter the base.

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991

DFARS Clauses Incorporated by Full Text

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

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

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.

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

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

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

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

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

(v) For commercial 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 F87700 Issue By DoDAAC W50S74 Admin DoDAAC W50S74 Inspect By DoDAAC F7S3E1 Ship To Code F7S3E1 Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) ____ Service Acceptor (DoDAAC) ____ Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____ (*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

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

(4) 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.

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

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

(End of clause)

Section H - Special Contract Requirements

Section I - Contract Clauses

52.236-1 Performanceof Work by the Contractor.

As prescribed in (b)36.501 ,insert the following clause: [Complete the clause by inserting theappropriate percentage consistent with the complexity (a)).and magnitude of the workand customary or necessary specialty subcontracting (see 36.501 ]

Performance of Work by the Contractor (Apr 1984)

The Contractor shall perform on thesite, and with its own organization, work equivalent to at least _______ [insert the appropriate number in wordsfollowed by numerals in parentheses] percent of thetotal amount of work to be performed under the contract. This percentage may bereduced by a supplemental agreement to this contract if, during performing thework, the Contractor requests a reduction and the Contracting Officer determinesthat the reduction would be to the advantage of the Government.

(Endof clause)

52.236-2 DifferingSite Conditions.

As prescribed in 36.502 ,insert the following clause:

Differing Site Conditions (Apr 1984)

(a) TheContractor shall promptly, and before the conditions are disturbed, give awritten notice to the Contracting Officer of-

(1) Subsurfaceor latent physical conditions at the site which differ materially from thoseindicated in this contract; or

(2) Unknownphysical conditions at the site, of an unusual nature, which differ materiallyfrom those ordinarily encountered and generally recognized as inhering in workof the character provided for in the contract.

(b) TheContracting Officer shall investigate the site conditions promptly afterreceiving the notice. If the conditions do materially so differ and cause anincrease or decrease in the Contractor's cost of, or the time required for,performing any part of the work under this contract, whether or not changed asa result of the conditions, an equitable adjustment shall be made under thisclause and the contract modified in writing accordingly.

(c) Norequest by the Contractor for an equitable adjustment to the contract underthis clause shall be allowed, unless the Contractor has given the writtennotice required; ,that the time prescribed in paragraph (a) of this clause for giving writtennotice may be extended by the Contracting provided Officer.

(d) Norequest by the Contractor for an equitable adjustment to the contract fordiffering site conditions shall be allowed if made after final payment underthis contract.

(Endof clause)

52.236-6 Superintendence by theContractor.

As prescribed in ,insert the following clause:36.506

Superintendence by theContractor (Apr 1984)

At all times during performance of this contract and untilthe work is completed and accepted, the Contractor shall directly superintendthe work or assign and have on the worksite a competent superintendent who issatisfactory to the Contracting Officer and has authority to act for theContractor.

(End of clause)

52.236-9 Protection of ExistingVegetation, Structures, Equipment, Utilities, and Improvements.

As prescribed in ,insert the following clause:36.509

Protection of Existing Vegetation,Structures, Equipment, Utilities, and Improvements (Apr 1984)

(a) The Contractor shall preserveand protect all structures, equipment, and vegetation (such as trees, shrubs,and grass) on or adjacent to the work site, which are not to be removed andwhich do not unreasonably interfere with the work required under this contract.The Contractor shall only remove trees when specifically authorized to do so,and shall avoid damaging vegetation that will remain in place. If any limbs orbranches of trees are broken during contract performance, or by the carelessoperation of equipment, or by workmen, the Contractor shall trim those limbs orbranches with a clean cut and paint the cut with a tree-pruning compound asdirected by the Contracting Officer.

W50S7424RA0150002

https://www.acquisition.gov/far/part-36#FAR_36_501 https://www.acquisition.gov/far/part-36#FAR_36_502

(b) The Contractor shall protectfrom damage all existing improvements and utilities (1)at or near the worksite, and (2)on adjacent property of a third party, the locations of which aremade known to or should be known by the Contractor. The Contractor shall repairany damage to those facilities, including those that are the property of athird party, resulting from failure to comply with the requirements of thiscontract or failure to exercise reasonable care in performing the work. If theContractor fails or refuses to repair the damage promptly, the ContractingOfficer may have the necessary work performed and charge the cost to theContractor.

(End of clause)

52.236-10 Operations and Storage Areas.

As prescribed in ,insert the following clause:36.510

Operations and Storage Areas (Apr 1984)

(a) The Contractor shall confine alloperations (including storage of materials) on Government premises to areasauthorized or approved by the Contracting Officer. The Contractor shall holdand save the Government, its officers and agents, free and harmless fromliability of any nature occasioned by the Contractor's performance.

(b) Temporary buildings (e.g., storage sheds,shops, offices) and utilities may be erected by the Contractor only with theapproval of the Contracting Officer and shall be built with labor and materialsfurnished by the Contractor without expense to the Government. The temporarybuildings and utilities shall remain the property of the Contractor and shallbe removed by the Contractor at its expense upon completion of the work. Withthe written consent of the Contracting Officer, the buildings and utilities maybe abandoned and need not be removed.

(c) The Contractor shall, underregulations prescribed by the Contracting Officer, use only establishedroadways, or use temporary roadways constructed by the Contractor when and asauthorized by the Contracting Officer. When materials are transported inprosecuting the work, vehicles shall not be loaded beyond the loading capacityrecommended by the manufacturer of the vehicle or prescribed by any Federal,State, or local law or regulation. When it is necessary to cross curbs orsidewalks, the Contractor shall protect them from damage. The Contractor shallrepair or pay for the repair of any damaged curbs, sidewalks, or roads.

(End of clause)

52.236-12 CleaningUp.

As prescribed in 36.512 ,insert the following clause:

Cleaning Up (Apr 1984)

The Contractor shall at all times keepthe work area, including storage areas, free from accumulations of wastematerials. Before completing the work, the Contractor shall remove from thework and premises any rubbish, tools, scaffolding, equipment, and materialsthat are not the property of the Government. Upon completing the work, theContractor shall leave the work area in a clean, neat, and orderly conditionsatisfactory to the Contracting Officer.

(Endof clause)

52.236-13 AccidentPrevention.

As prescribed in 36.513 ,insert the following clause:

Accident Prevention (Nov 1991)

(a) TheContractor shall provide and maintain work environments and procedures whichwill-

(1) Safeguardthe public and Government personnel, property, materials, supplies, andequipment exposed to Contractor operations and activities;

(2) Avoidinterruptions of Government operations and delays in project completion dates;and

(3) Controlcosts in the performance of this contract.

(b) Forthese purposes on contracts for construction or dismantling, demolition, orremoval of improvements, the Contractor shall-

(1) Provideappropriate safety barricades, signs, and signal lights;

(2) Complywith the standards issued by the Secretary of Labor at 29 CFR Part 1926 and ;and29 CFR Part 1910

(3) Ensurethat any additional measures the Contracting Officer determines to bereasonably necessary for the purposes are taken.

(c) Ifthis contract is for construction or dismantling, demolition or removal ofimprovements with any Department of Defense agency or component, the Contractorshall comply with all pertinent provisions of the latest version of U.S. ArmyCorps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effecton the date of the solicitation.

W50S7424RA0150002

https://www.acquisition.gov/far/part-36#FAR_36_512 https://www.acquisition.gov/far/part-36#FAR_36_513

(d) Wheneverthe Contracting Officer becomes aware of any noncompliance with theserequirements or any condition which poses a serious or imminent danger to thehealth or safety of the public or Government personnel, the Contracting Officershall notify the Contractor orally, with written confirmation, and requestimmediate initiation of corrective action. This notice, when delivered to theContractor or the Contractor's representative at the work site, shall be deemedsufficient notice of the noncompliance and that corrective action is required.After receiving the notice, the Contractor shall immediately take correctiveaction. If the Contractor fails or refuses to promptly take corrective action,the Contracting Officer may issue an order stopping all or part of the workuntil satisfactory corrective action has been taken. The Contractor shall notbe entitled to any equitable adjustment of the contract price or extension ofthe performance schedule on any stop work order issued under this clause.

(e) TheContractor shall insert this clause, including this paragraph (e), withappropriate changes in the designation of the parties, in subcontracts.

(Endof clause)

Alternate I (Nov 1991). If the contract will involve (a) work of a long duration orhazardous nature, or (b) performance on a Government facility that on theadvice of technical representatives involves hazardous materials or operationsthat might endanger the safety of the public and/or Government personnel orproperty, add the following paragraph (f) to the basic clause:

(f)Before commencing the work, the Contractor shall-

(1)Submit a written proposed plan for implementing this clause. The plan shallinclude an analysis of the significant hazards to life, limb, and propertyinherent in contract work performance and a plan for controlling these hazards;and

(2)Meet with representatives of the Contracting Officer to discuss and develop amutual understanding relative to administration of the overall safety program.

52.236-14 Availabilityand Use of Utility Services.

As prescribed in 36.514 ,insert the following clause in solicitations and contracts when a fixed-priceconstruction contract or a fixed-price dismantling, demolition, or removal ofimprovements contract is contemplated, the contract is to be performed onGovernment sites when the contracting officer decides (a) that the existingutility system is adequate for the needs of both the Government and thecontractor, and (b) furnishing it is in the Government's interest. When thisclause is used, the contracting officer shall list the available utilities inthe contract.

Availability and Use of Utility Services (Apr 1984)

(a) TheGovernment shall make all reasonably required amounts of utilities available tothe Contractor from existing outlets and supplies, as specified in thecontract. Unless otherwise provided in the contract, the amount of each utilityservice consumed shall be charged to or paid for by the Contractor atprevailing rates charged to the Government or, where the utility is produced bythe Government, at reasonable rates determined by the Contracting Officer. TheContractor shall carefully conserve any utilities furnished without charge.

(b) TheContractor, at its expense and in a workmanlike manner satisfactory to theContracting Officer, shall install and maintain all necessary temporaryconnections and distribution lines, and all meters required to measure theamount of each utility used for the purpose of determining charges.

Beforefinal acceptance of the work by the Government, the Contractor shall remove allthe temporary connections, distribution lines, meters, and associatedparaphernalia.

(Endof clause)

52.236-26 Preconstruction Conference.

As prescribed in ,insert the following clause:36.522

Preconstruction Conference (Feb 1995)

If the Contracting Officer decides to conduct apreconstruction conference, the successful offeror will be notified and will berequired to attend. The Contracting Officer's notification will includespecific details regarding the date, time, and location of the conference, anyneed for attendance by subcontractors, and information regarding the items tobe discussed.

(End of clause)

52.236-28 Preparation ofProposals-Construction.

As prescribed in ,insert the following provision:36.520

Preparation ofProposals-Construction (Oct1997)

(a) Proposals must be (1) submittedon the forms furnished by the Government or on copies of those forms; and (2)manually signed. The person signing a proposal must initial each erasure orchange appearing on any proposal form.

(b) The proposal form may requireofferors to submit proposed prices for one or more items on various bases,including-

(1) Lump sum price;

W50S7424RA0150002

https://www.acquisition.gov/far/part-36#FAR_36_514

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs(b)(1) through (b)(3) of this provision.

(c) If the solicitation requiressubmission of a proposal on all items, failure to do so may result in theproposal being rejected without further consideration. If a proposal on allitems is not required, offerors should insert the words "no proposal"in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not beconsidered unless this solicitation authorizes their submission.

(End of provision)

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

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

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

Dec 2023

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

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

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.222-3 Convict Labor. Jun 2003 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 52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual Method). Aug 2018 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-50 Combating Trafficking in Persons. Nov 2021 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 2024 52.223-21 Foams. May 2024 52.223-23 Sustainable Products and Services. May 2024 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.228-2 Additional Bond Security. Oct 1997 52.228-11 Individual Surety-Pledge of Assets. Feb 2021 52.228-14 Irrevocable Letter of Credit. Nov 2014 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.232-18 Availability of Funds. Apr 1984 52.232-23 Assignment of Claims. May 2014 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

52.236-5 Material and Workmanship. Apr 1984 52.236-6 Superintendence by the Contractor. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. Apr 1984 52.236-10 Operations and Storage Areas. 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 52.242-14 Suspension of Work. Apr 1984 52.243-5 Changes and Changed Conditions. Apr 1984 52.244-6 Subcontracts for Commercial Products and Commercial Services. Feb 2024 52.249-4 Termination for Convenience of the Government (Services) (Short Form). Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024 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. Nov 2023 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.232-7010 Levies on Contract Payments. Dec 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.247-7023 Transportation of Supplies by Sea. Jan 2023

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. (Dec 1989)

As prescribed in 4.103 , insert the following clause:

Approval of Contract (Dec 1989)

This contract is subject to the written approval of 163d Contracting Officer[identify title of designated agency official here] and shall not be binding until so approved.

(End of clause)

52.211-10 Commencement, Prosecution, and Completion of Work. (Apr 1984)

As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.

Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within 30[Contracting Officer insert number] 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 90.* 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.

(End of clause)

52.225-9 Buy American-Construction Materials. (Oct 2022)

As prescribed in 25.1102(a), insert the following clause:

Buy American-Construction Materials (Oct 2022)

(a) Definitions. As used in this clause-

Commercially available off-the-shelf (COTS) item-

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

(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (FAR) 2.101);

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

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

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means-

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain.

The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means-

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if-

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic.

Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material.

The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

____________[Contracting Officer to list applicable excepted materials or indicate "none"]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1) The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material…