B08 - Solicitation W519TC-24-R-2011 - Construction Services PBA 07APR2025.pdf

CODE

(Hour)

PAGE(S)

unt il 03:00 PM local time 04 Apr 2025

X

A B C D E

G F 50 - 81

82 - 92 X H 93 - 98

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other aut horized official writt en not ice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9- 97)

Prescribed by GSA FAR ( 48 CFR) 53.214(c)

1 98

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W519TC 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in t he Schedule will be received at t he place specified in Item 8, or if handcarried, in the depository locat ed in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all t erms and conditions contained in t his solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 4 X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 5 - 7 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 8 - 13 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if t he solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the dat e for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within t he time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to t he SOLICITATION for offerors and related documents numbered and dat ed):

FACILITY

12. In compliance with the above, t he undersigned agrees, if this offer is accept ed within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Cont ract ing Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

14 - 48

PART II - CONTRACT CLAUSES

ARMY CONTRACTING COMMAND - ROCK ISLAND

3055 RODMAN AVE

ROCK ISLAND IL 61299

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicita tions "off er" and "off ero r" m ean "bid" and "bidder ".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

14 Mar 2025

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W519TC24R2011

Section A - Solicitation/Contract Form

EXECUTIVE SUMMARY

1. Army Contracting Command - Rock Island (ACC-RI) hereby issues Solicitation W519TC-24-R-2011 for Multiple Basic Ordering Agreements (BOAs) for Pine Bluff Arsenal (PBA) for various Construction services. This solicitation is issued pursuant to Federal Acquisition Regulations (FAR) Part 16.703. ACC-RI is seeking businesses willing to enter into a BOA, as defined by FAR 16.703. All orders under a BOA shall be continued until the performance is complete and the order is paid, even after the BOA expiration date. Note: This is the initial release of the BOA solicitation.

2. The Government will procure the requirements utilizing the multi-step procurement process outlined below:

Step One: A Pre-solicitation Notice was published under Solicitation Number W519TC-24-R-2011 on 18 April 2024. A potential Offeror is not precluded from submitting an offer in Step Two if it did not provide a submission in response to Step One. NOTE: this Step will not be repeated for the annual BOA RFP following the issuance of this initial solicitation.

Step Two: Basic Ordering Agreement Request for Proposals (BOA RFP) will be released annually to allow interested Contractors an opportunity to submit a proposal for evaluation to obtain an executed BOA. The Government will execute no-cost BOAs to Offerors whose proposals in response to those solicitations are found acceptable based on the criteria stated in the RFP. The BOAs will be valid for a period of up to five (5) years beginning from the effective date of the initial BOA execution. An annual synopsis for requirements falling under Attachment 0001 – Statement of Work (SOW) will be released in System for Award Management (SAM). The annual synopsis will cover potential requirements related to Construction Services at PBA. The Army will not conduct a separate BOA synopsis for any such emergent requirement prior to issuing the applicable competitive Step Three Order RFP.

NOTE: The annual BOA RFP will be the only opportunity Contractors will have to obtain an executed BOA in order to propose on Order RFPs issued within the year; BOA proposals will not be solicited, accepted, and will not be executed, at any time other than during the annual BOA RFP, even for those emergent requirements not specifically identified in the annual synopsis. Therefore, if a Contractor desires to participate in ANY future order that may arise within the year, it is imperative that the Contractor submit a proposal in response to the annual BOA

RFP.

Step Three: The Procuring Contracting Officer (PCO) will issue competitive Order RFPs for specific requirements falling under Attachment 0001 – SOW. An Offeror must be a qualified BOA holder as of the closing date of a call order solicitation. The Government will confirm that an Offeror is a qualified BOA holder by checking the effective date of an Offerors BOA.

3. The solicitation, W519TC-24-R-2011, is issued as a Total Small Business Set Aside. The limitations set forth at FAR 19.505(b)(1)(iii) apply to all subsequent orders.

4. The Government will execute no cost BOAs to Offerors whose proposal in response to the solicitation, W519TC- 24-R-2011, are found compliant with the instructions specified in Section L of the RFP and are found acceptable based on the criteria stated in Section M. The Government reserves the right to issue multiple agreements.

a. The Offerors attention is directed to Section L and the submission requirements stated therein. Failure to provide a proposal in compliance with the instructions specified in Section L of this RFP shall render the Offerors proposal non-compliant. The proposal will not be evaluated and will not be further considered for receipt of an executed BOA.

b. The Government will conduct technical evaluations of the Offerors proposals by applying the evaluation factors and criteria detailed within Section M of the RFP. The Government intends to execute BOAs based upon the content of initial proposals and without negotiating with Offerors after receipt of those initial proposals; as such, an Offerors initial proposal should contain sufficient information to satisfy the technical requirements. The Government does reserve the right, however, to discuss with Offerors whose initial proposals are determined to be technically unacceptable if it is in the best interest of the Government to do so. If discussions are determined to be in the Governments best interest, the Government will only negotiate with those Offerors whose proposals do not contain significant informational deficiencies. The Government will not discuss with Offerors whose proposals are determined to contain significant informational deficiencies; those Offerors will be precluded from receiving a BOA.

c. No pricing information is requested at this time.

d. The execution of a BOA does not guarantee that the Government will place future contracts or orders with the Offeror.

e. This solicitation includes clauses that may apply to future orders. The clauses included in this BOA RFP do not require Offeror input. The Order RFP will provide all required provisions and clauses applicable to that specific requirement.

f. Contract Line Item Numbers (CLINs) shall be incorporated at the call order level.

5. Only ACC-RI is authorized to execute, modify, and undertake annual reviews of BOAs resulting from this solicitation.

6. RESPONSES ARE DUE NO LATER THAN: 07 May 2025 at 3:00 PM (CST)

7. The Point of Contact for this action is Heather Johns, at heather.b.johns.civ@army.mil and Bethany Carbajal at bethany.n.carbajal.civ@army.mil.

8. INITIAL AND FOLLOW ON COMPETITION AND EVALUATION:

a. Offerors that have a proven record of providing the types of construction services for some or all of the types to include, but not limited to those indicated in the SOW (Attachment 0001) will be considered in establishing a BOA, along with the information submitted in accordance with Section L. All Offerors determined to be responsible pursuant to FAR 9.104-1 and technically acceptable within the criteria within Attachment 0001 – Statement of Work, are eligible for issuance of a BOA.

b. Each BOA holder will be provided a fair opportunity to be considered for each requirement. Issuance of individual BOA order RFPs will be under the guidance provided at FAR Part 14, predominantly utilizing Two-Step Sealed Bidding at FAR 14.5. Adequate competition is anticipated for each call order, therefore certified cost and pricing data will not be required. However, the Government reserves the right to request other than certified cost or pricing data to assist with the determination of fair and reasonable pricing of each individual order. Factors to be considered shall be indicated in each call order RFP.

c. Urgent requirements will be solicitated via email, and responses will be requested within 24-48 hours.

Exact requirements will be stated on the urgent Order RFP.

9. GENERAL INFORMATION

a. The Government anticipates administration of the basic BOA by ACC-RI and individual BOA call orders by ACC-RI.

b. Contractor shall submit invoices for each order via WAWF, in accordance with DFARS clause 252.232- 7006. The Offeror shall ensure that copies of all WAWF notifications are sent to the Contract Specialist listed on the BOA call order.

c. An order RFP shall be issued by e-mail for each order, to allow all BOA holders a fair opportunity to propose on each call order.

d. BOA holders will be notified via RFP email. For orders, BOA holders will be allowed a determined response time to respond to a request for a call order proposal. The response time will be set forth on each individual request for call order proposal. The Government intends to issue call orders without discussions.

However, the Government reserves the right to conduct discussions if the Contracting Officer determines them to be necessary. If no BOA holders reply to the request for call order proposal by the deadline within the call order, the Government may acquire the service from another source.

e. Each order RFP shall contain the required Period of Performance (PoP). Failure to comply with the schedule after award may result in termination of the order or require consideration if the Government elects to extend the PoP. The Government is not required to extend a PoP if the Offeror encounter delays.

The non-availability of materials, subContractor issues, scheduling conflicts, etc. are not acceptable excuses for failing to meet the schedules. Early completion may be authorized but must be approved and coordinated in advance of due date with the Contract Specialist and/or Contracting Officer designated in the call order. If there is going to be a delay in schedule, the BOA Holder is required to notify the Contract Specialist and Contracting Officer designated in the call order within 24 hours of knowledge of that delay.

10. SPECIAL INSTRUCTIONS FOR OFFERORS:

a. The closing date of this solicitation will be for responses to establish the initial pool of BOA holders.

b. In accordance with FAR 16.703(c)(2), each BOA shall be reviewed annually before the anniversary of its effective date and revised as necessary to conform to the requirements of this regulation. Basic ordering agreements may need to be revised before the annual review due to mandatory statutory requirements. A basic ordering agreement shall be changed only by modifying the agreement itself and not by individual orders issued under it. Modifying a basic ordering agreement shall not retroactively affect orders previously issued under it.

c. Offerors must submit their documentation in a single submission prior to the closing date and time listing on page one of this solicitation.

d. Offerors must complete the questionnaire below:

OFFEROR QUESTIONNAIRE

Company name: _________________________________ Unique Entity Number (UEN): _________________________________ CAGE code: _____________________________________ Primary Point of Contact Name: __________________ Phone________________________ Alternate Point of Contact Name: __________________ Phone_________________________

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(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.

N/A

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

Invoice 2in1

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

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

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

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

(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 HQ0303

Issue By DoDAAC W519TC

Admin DoDAAC** W519TC

Inspect By DoDAAC TBD

Ship To Code W519TC

Ship From Code N/A

Mark For Code TBD

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) N/A

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(*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.

Nick Brown, nicholas.j.brown91.civ@army.mil

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

(End of clause)

Section H - Special Contract Requirements

SPECIAL REQUIREMENTS

SECURITY VETTING REQUIREMENTS

The Pine Bluff Arsenal (PBA) Vetting Program is being changed to comply with installation access requirements identified in AR 190-13, HSPD-12 and DTM 09-012. Access policy requires all unescorted persons entering Department of Defense (DoD) installations to have a valid purpose to enter, have their identity verified and vetted to determine the fitness of the individual requesting and/or requiring access to the installation, and be issued or in possession of an authorized and valid access credential. They also require local passes only be issued to non-DOD cardholder personnel who have successfully passed an National Crime Information Center (NCIC) check.

Visitors/Offerors requesting access to Pine Bluff Arsenal need to stop at the Pass and ID Center outside the Plain View Gate to obtain a Visitor Badge.

The Directorate of Law Enforcement and Security (D/LE&S) requires background checks to be conducted on all individuals 16 years of age or older who do not possess a valid DOD Identification (ID) credential (i.e. CAC, Military Id) prior to being granted access onto PBA. This change includes 100% of Contractors, vendors, commercial carriers, visitors, Natural Resources customers, Morale, Welware, and Recreation (MWR) customers and Child and Youth Services (CYS) customers.

The following criteria will prevent access to PBA: Violent Offense Conviction within the last ten (10) years, Felony or Misdemeanor Class A Conviction within the last five (5) years, Current Pending Charges, Active Warrant or Convicted Sex Offender. Habitual Offenders with three (3) or more criminal convictions may also be denied access at the mutual discretion of two Certified Army Counterintelligence Command (ACIC) Operators. In addition, the following criteria will prevent hunting on PBA: Felony Conviction, Domestic Violence Conviction, Driving Under the Influence (DUI) and/or Driving While Intoxicated (DWI) Conviction within the last five (5) years or Active Order of Protection.

ARMY MATERIAL COMMAND (AMC)-LEVEL PROTEST PROGRAM

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible Contracting Officer. However, you can also protest to Headquarters, AMC. The Headquarters (HQ), AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office (GAO) or other external forum. Performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the Contracting Officer for resolution:

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road

RM: A6SE040.001

Redstone Arsenal, AL 35898-5000

Fax: (256) 450-8840 or e-mail: usarmy.redstone.usamc.mbx.protests@mail.mil Packages sent by FedEx or UPS should be addressed to:

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road

RM: A6SE040.001

Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 or e-mail: usarmy.redstone.usamc.mbx.protests@mail.mil AMC-Level Protest Procedures are located on the Internet. If Internet access is not available, contact the Contracting Officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp

Occupational Safety and Health Administration (OSHA) STANDARDS

Contractor must comply with all applicable OSHA standards.

INSPECTION AND ACCEPTANCE

a. The work will be conducted under the general direction of the Contracting Officer and is subject to inspection by his appointed inspectors to ensure strict compliance with the terms of the contract. No inspector is authorized to change any provision of the specifications without written authorization of the Contracting Officer, nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the agreement and the order.

b. The Contracting Officer shall designate individuals to act as the Contracting Officer’s Representative (COR) under any resultant contract. Such representative will be designated in writing by the Contracting Officer with a copy of designation to the Contractor. The COR will represent the Contracting Officer in the technical phases of the work, but will not be authorized to change any of the terms and conditions of the agreement and the order.

c. The COR will act in a liaison capacity to coordinate activities between the Contractor and the Government as required in the performance of work under the applicable call order.

INSURANCE REQUIREMENTS

The following insurance is required as a minimum in accordance with the Federal Acquisition Regulation and the appropriate clause in Section I:

a. Legally Required Insurance: When certain laws apply, such as state laws governing workman's compensation and employer's liability coverage, etc., the Contractor, prior to commencement of work, shall furnish the Contracting Officer a written statement that such laws have been complied with and that compliance will continue throughout the PoP. Minimum coverage of $100,000.00 is required.

b. Comprehensive General Liability and Automobile Liability:

Each Person Per Occurrence Property Damage Comprehensive General

Liability N/A $500,000 N/A

Automotive Liability $200,000 $500,000 $20,000

DELIVERY OF MATERIALS

It is the responsibility of the Contractor or Subcontractor to inform their vendors or truck drivers of the prime Contractor's name, contract number and work site. Pine Bluff Arsenal is a controlled access installation therefore, Subcontractors, vendors, or delivery persons who do not possess the above information and other proper identification as required by the Security Office may be denied access to Pine Bluff Arsenal. Any delay caused by such denial will be at the Contractor's expense and no time extensions for such delays will be allowed. Contractors will provide escorts for suppliers' trucks from the perimeter gates to job site when required.

NOTICE OF POSSIBLE DELAYS

During the time a Contractor is working on the Arsenal they may, from time to time, be working in an area where munition test exercises are conducted. While it is not the Arsenal's policy to interfere with a Contractor during these test exercises, delay may occur. These delays may involve Contractor personnel being withdrawn from an area or being denied access for a period of time. The length of time and frequency of these delays will be held to a minimum. No claim shall be submitted for less than five (5) man-hours per month. Claims may be submitted under the Changes Clause of the agreement.

BURIED CABLES AND LINES

The Contractor shall submit a Pine Bluff Arsenal request to mark utility lines and submits the same to the COR three

(3) working days prior to commencing any digging on the Pine Bluff Arsenal. Blank forms will be issued at the Post Issuance Meeting. If the Contractor fails to provide notification, the Contractor shall be liable for any damages to any buried telephone cables or utility lines regardless of care exercised or drawings followed.

The Government shall not grant time extensions nor pay additional costs incurred because of delays, unless the Contractor has properly notified the Government one working day in advance of the desired digging date.

DISMISSALS

The Contracting Officer may require the Contractor to suspend or dismiss from work any employee or employees whose retention is deemed to be not in the public interest, because of the misconduct of the employee or for reasons of security, subject, however, to appeal under the provisions of Articles entitled "Disputes" for reinstatement of such employees.

SUBMITTALS

Should the Contractor desire to furnish the brand name and models set forth in the specification, submittals will not be required; however, a certification for the Contractor will be required stating the brand name and model which will be used in the performance of this work. Contractors shall be required to furnish samples or descriptive literature on "or equal" products as set forth in the specifications.

SECURITY REQUIREMENTS

During the time that the Contractor performs work on post, he is expected to be aware that Pine Bluff Arsenal is a controlled access installation. Specific security requirements as they apply to the project site will be noted during a post –issuance conference. The Contractor will exercise care to prevent unauthorized intrusions by locking gates, closing and locking doors/windows, and performing similar actions. In the event that a breach of security occurs notwithstanding the Contractor’s efforts to prevent it, he shall immediately notify the Pine Bluff Arsenal Security Police (540-3505), reporting the occurrence and explaining the nature of the violation.

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL

a. The Contractor will not accept any instructions by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the designated Contracting Officer’s Representative (COR) acting within the limits of his authority. Contracting Officer’s Representative will be so designated in writing to the Contractor and the scope of his authority will be set forth therein.

b. No information, other than that which may be contained in an authorized modification to this purchase instrument duly issued by the Contracting Officer, may be considered a valid obligation. Information received from any other person employed by the U.S. Government will not be considered grounds for deviation from any stipulation of this purchase instrument or referenced drawings and/or specifications.

SAFETY REQUIREMENTS

The Contractor will comply with the following factors:

a. Applicable portions of Department of Labor (DOL), OSHA Standards 29 CFR 1910 and 1926; etc.; Army Regulation (AR), Department of Army Pamphlets (DA PAM); Pine Bluff Arsenal Regulations (PBAR); PBA Policy Letters; EM 385-1-1; General Safety Requirements (latest issue), whichever is the most stringent. The Contractor shall be required to comply with any provisions of the Act/Manual pertaining to this operation. Any violation noted by the Contracting Officer or PBA Safety Officer must be corrected.

b. Where the work requires, the Contractor will be required to furnish all personnel, equipment, marking, etc.

necessary for the safe movement and flow of traffic at the job site as determined by the Contracting Officer.

c. Warning and Safety Signs – The Contractor shall install warning and safety signs at all strategic locations on the work site. Signs and barricades shall be constructed in accordance with OSHA standards.

d. Illumination – If night operations are carried on, the Contractor will be required to furnish all plant, equipment, and labor necessary to insure adequate illumination. Prior to commencing night operations the Contractor shall submit a plan to the Contracting Officer for approval showing the illumination layout he proposes to use. Adequate illumination as used herein shall be construed as the minimum lighting required to provide safe working conditions for Contractor and Government personnel wherever work on this contract is in progress. There shall be sufficient light to permit the work to be performed in accordance with the plans and specifications and to permit complete inspection of all the work.

e. In certain specified areas, matches, lighters, or other flame producing devices will not be allowed. Smoking is absolutely prohibited in any of the restricted areas, buildings, or in cars and trucks except as authorized by the Contracting Officer.

f. Safety Briefing – The Contractor shall allow for a 45 minute, mandatory, Safety briefing for all employees conducted at the Pine Bluff Arsenal Pass and ID office.

g. Notice of Required Seat Belt Use – As a means to increase safety, the Commander, Pine Bluff Arsenal, has established a policy that all occupants of a vehicle on the Pine Bluff Arsenal shall wear a seat belt. This policy extends to Contractors and/or sub-Contractors. Failure to use seat belts may result in the issuance of a citation or loss of driving privileges on the Pine Bluff Arsenal.

h. The Contractor shall provide evidence that the company has a Safety & Occupational Health Plan.

i. The Contractor and Contracting Officer's Representative (COR) will document any hazardous work to be accomplished on the Hazardous Work Permit (Form PBA 387-7) in accordance with PBAR 385-31.

j. The General Contractor is responsible for assuring their sub-Contractors comply with the safety items above.

MAGISTRATE SYSTEM

Contractors are hereby notified that in accordance with the United States Code, the Federal Magistrate System has been enacted at Pine Bluff Arsenal. Persons issued a citation on Pine Bluff Arsenal are subject to fines and may be required to appear before a Federal Magistrate in Little Rock, Arkansas.

ORDER AND SCHEDULING OF WORK

a. Unless otherwise expressly provided in the specifications, the Contractor shall work only the normal working hours of Pine Bluff Arsenal, 7:00 a.m. to 4:30 p.m., Monday through Thursday and 7:00 a.m. to 3:30 p.m., every other Friday. However, Contractor shall coordinate Friday work with the Contracting Officer or Contracting Officer’s Representative, on Government Holidays or days that are observed in lieu of Government holidays or other days that are declared non-work days by the commanding Officer of Pine Bluff Arsenal or official of higher headquarters. Deviations from this requirement must be requested in writing and be approved by the Contracting Officer prior to the proposed extra working hours or work days.

b. Government holidays are as follows:

New Year’s Day Independence Day Labor Day Thanksgiving Day Christmas Day Memorial Day Veteran’s Day Columbus Day Presidents’ Day Martin Luther King’s Birthday Juneteenth

When one of the above designated holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S.

Government agencies.

c. In the event the Contractor wishes to perform work outside the normal work hours, he shall submit his request through the technical representative to the Contracting Officer for approval. If such request is approved, the Contractor may be required to reimburse the Government for the cost of having an inspector at the work site.

INSURANCE LIABILITY

a. Workers' compensation and employer's liability. Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statues, they shall be covered under the employer's liability section of the insurance policy, except when operations are so co-mingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

b. General Liability. Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence is required.

c. Automobile Liability. Automobile liability insurance written on the comprehensive form of policy is required.

The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles in connection with performance. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on the policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

KEY PERSONNEL

The Contractor shall notify the Contracting Officer prior to making any changes in key personnel. Key personnel are defined as follows:

a. Personnel identified in the proposal as key individuals to be assigned for participation in the performance;

b. Personnel whose resumes were submitted with the proposal; or,

c. Individuals which are designated as key personnel by agreement of the Government and the Contractor during negotiations.

The Contractor must demonstrate that the qualifications of prospective personnel are equal to or better than the qualifications of the personnel being replaced. Notwithstanding any of the foregoing provisions, key personnel shall be furnished unless the Contractor has demonstrated to the satisfaction of the COR that the qualifications of the proposed substitute personnel are equal to or better than the qualifications of the personnel being replaced.

PAYMENT INSTRUCTIONS

Follow WAWF clause 252.232-7006 Wide Area Workflow Payment Instructions located in the agreement and applicable call.

Section I - Contract Clauses

CLASS DEVIATION 2025-O0003

52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

(a) Apprentices. (1) An apprentice will be permitted to work at less than the predetermined rate for the work performed when employed--

(i) Pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S.

Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer, and Labor Services (OATELS) or with a State Apprenticeship Agency recognized by the OATELS; or

(ii) In the first 90 days of probationary employment as an apprentice in such an apprenticeship program, even though not individually registered in the program, if certified by the OATELS or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.

(2) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program.

(3) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph (a)(1) of this clause, shall be paid not less than the applicable wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

(4) Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.

(5) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.

(6) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(b) Trainees.

(1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer, and Labor Services (OATELS). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by OATELS.

(2) Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.

Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the OATELS shall be paid not less than the applicable wage rate in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination for the work actually performed.

(3) In the event OATELS withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(c) [Reserved]

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

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

Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.204-2 Security Requirements MAR 2021 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

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

NOV 2021

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

NOV 2021

52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)

AUG 2024

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

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research NOV 2021 52.211-12 Liquidated Damages--Construction SEP 2000 52.211-13 Time Extensions SEP 2000 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-26 Audit and Records--Sealed Bidding JUN 2020 52.214-27 (Dev) Price Reduction for Defective Certified Cost or Pricing Data -

Modifications - Sealed Bidding (DEVIATION 2022-O0001)

OCT 2021

52.214-28 (Dev) Subcontractor Certified Cost Or Pricing Data--Modifications- -Sealed Bidding (DEVIATION 2022-O0001)

OCT 2021

52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.219-8 Utilization of Small Business Concerns JAN 2025 52.219-14 Limitations On Subcontracting OCT 2022 52.219-28 Post-Award Small Business Program Rerepresentation OCT 2022 52.222-3 Convict Labor JUN 2003 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

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 52.222-10 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 52.222-35 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

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

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

JUN 2020

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

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

Infringement

JUN 2020

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-11 Individual Surety--Pledge of Assets FEB 2021 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014

52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction JUN 2020 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

NOV 2021

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

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-5 Competition In Subcontracting DEC 1996 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2020 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

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

JAN 2023

252.204-7022 Expediting Contract Closeout MAY 2021 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

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

MAY 2019

252.219-7011 Notification to Delay Performance JUN 1998 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

JAN 2023

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

JUN 2023

252.227-7022 Government Rights (Unlimited) MAR 1979 252.227-7033 Rights in Shop Drawings APR 1966 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.242-7005 Contractor Business Systems FEB 2012 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

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

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)--

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or…