I.B.08.3_21R0034 P00003 USDA-ARS Kerrville RFP AMD3.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04 EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The Solicitation for USDA-ARS Labs Facilties Renovations; Kerrville, Texas is amended as follows.

See SF30 Continuation Sheet(s)

NOTE: Proposal Receipt date is 21 September 2021 at 10:00 a.m. CT.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 3

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA 15C. DATE SIGNED 15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer) (Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X 9A. AMENDMENT OF SOLICITATION NO.

W9126G21R0034

X 9B. DATED (SEE ITEM 11)

30-Jul-2021

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

14 -Sep- 2021

CODE

US ARMY ENGINEER DISTRICT, FORT WORTH

ATTN: CESWF-CT

819 TAYLOR ST, ROOM 2A19

P.O. BOX 17300

FORT WORTH TX 76102-0300

W9126G 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODE CODE

EMAIL: TEL:

W9126G21R0034

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

CHANGES TO SOLICITATION W9126G21R0034

CHANGES TO CLIN SCHEDULE AND NOTES

1. CLIN Schedule and Notes: The CLIN and CLIN Notes have been replaced their entirety bearing the notation

W9126G21R0034-0003.

CHANGES TO DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

2. Section 00 72 00 CONTRACT CLAUSES: Section 00 72 00 Contract Clauses has been replaced in its entirety bearing the notation W9126G21R0034-0003.

CHANGES TO THE DRAWINGS

3. Replacement Drawings.- Replace the drawings listed below with the attached new drawings of the same number, bearing the notation W9126G21R0034-0003.

Package 1 Drawings

CD101 DEMOLITION SITE PLAN AREA A

CD102 DEMOLITION SITE PLAN AREA B

CP101 PAVING PLAN AREA A

CP102 PAVING PLAN AREA B

CP103 PAVING PLAN AREA C

CS101 SITE PLAN AREA A

CS101A CONTROL DATA SCHEDULE AREA A

GC100 SEQUENCE 0 SITE PLAN

GC101 SEQUENCE 1 SITE PLAN

GC103 SEQUENCE 3 SITE PLAN

GC105 SEQUENCE 5 SITE PLAN

GC107 SEQUENCE 7 SITE PLAN

GC109 FINAL SITE PLAN

Package 2 Drawings

A-134 LEVEL 2 REFLECTED CEILING LAN

A-201 EXTERIOR ELEVATIONS

A-203 EXTERIOR ELEVATIONS

A-400 FINISH SCHEDULES

EP103 LEVEL 2-5 ELECTRICLA POWER PLAN

EP602 MECHANICAL EQUIPMENT CONNECTION SCHEDULE

EP608 PANEL SCHEDULES

P-103 LEVEL 3 PENTHOUSE PLUMBING PLAN

P-601 PLUMBING SHCEDULES

Package 3 Drawings

A-011 SITE PLAN

A-302 WALL SECTIONS

Package 4 Drawings

A-401 FINISH PLAN – SHOP B995

Package 5 Drawings

A501 DETAILS

CHANGES TO THE APPENDICES

4. The following appendix is being replaced in its entirety, bearing the notation W9126G21R0034-0003.

APPENDIX 4B1 KERRVILLE WATER PRESSURE CALCULATIONS APRIL 2021

APPENDIX 4B2 KERRVILLE WATER PRESURE CALCULATIONS AUGUST 2021

End of Summary of Changes

Section: 00 11 00 W9126G21R0034

Item Unit Line Item No. Description Quantity Unit Price Amount

0001 All work required for the construction of Building 998 Admin and Lab Building, including work and connections within the 5-foot line of the building. 1 JOB $ *** $

0002 All work required for the construction of Building 997 Fly and Tick Research Building, including work and connections within the 5-foot line of the building. 1 JOB $ *** $

0003 All work required for all sitework up to the building 5-foot line, exclusive of work listed separtely. 1 JOB $ *** $

<AM#0003>

0004 All work required for the demolition of buildings 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 29, 30, 36, 38, 39, 40, 41, 44, 45, 46, 99, 999, and remaining structures and slabs. 1 JOB $ *** $

0005 All work required for the abatement of all hazardous materials for buildings 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 29, 36, 38, 39, 40, 41, 44, 45, 46, 99, 999, and remaining structures and slabs. 1 JOB $ *** $

00056 All work required for the demolition of the slabs in buildings 20, 23, 24 and 26. 1 JOB $ *** $

00067 Electrical Connection Fees Preliminary estimate of connection fees by the privatized electrical utility provider, Kerrville Public Utility Board, Kerrville, TX based on the contract documents.

(See Note # 9). 1 JOB $ *** $ 327,249.04

CONTRACT LINE ITEM SCHEDULE

USDS-ARS Lab Facilities Renovation Kerrville, Texas

BASE OFFER: All work required by the plans and specifications exclusive of work required by the Option Items.

65,000

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Item Unit Line Item No. Description Quantity Unit Price Amount

CONTRACT LINE ITEM SCHEDULE

USDS-ARS Lab Facilities Renovation Kerrville, Texas

00078 Gas Energy Connection Fees Preliminary estimate of connection fees by the privatized electrical utility provider, Atmos Energy, Kerrville, TX based on the contract documents. (See Note # 9).

1 JOB $ *** $ 842,252

00089 Water Connection Fees Preliminary estimate of connection fees by the privatized water utility provider, City of Kerrville, Kerrville, TX based on the contract documents. (See Note # 9 ). 1 JOB $ *** $ 20,000

000910 Sewer Connection Fees Preliminary estimate of connection fees by the privatized water utility provider, City of Kerville, Kerrville, TX based on the contract documents. (See Note # 9 ). 1 JOB $ *** $ 10,000

OPTIONS

001011 OPTION 01: All work required for the renovation of Building 995 Maintenance Shop A and the demolition of Building

13. (Referenced as Option S1 on 1 JOB $ *** $

001112 OPTION 02: All work required for the renovation of Building 996 Maintenance Shop B and the demolition of Building 7.

(Referenced as Option S2 on drawings) 1 JOB $ *** $

001213 OPTION 03: All work required for the provision and installation of new Incinerator. (Referenced as Option S3 on drawings) 1 JOB $ *** $

TOTAL BASE OFFER

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Item Unit Line Item No. Description Quantity Unit Price Amount

CONTRACT LINE ITEM SCHEDULE

USDS-ARS Lab Facilities Renovation Kerrville, Texas

001314 OPTION 04: All work required for the renovation of B994 Stanchion Barn, S994 Working Barn, and Accessory Structure. (Referenced as Option S4 on drawings) 1 JOB $ *** $

001415 OPTION 05: 24" Diameter reinforced concrete drilled pier top of drilled pier elevation 1'-0" unless noted otherwise (QTY. 20). Caissons to be drilled to a depth of 25'-0" below grade. (Referenced as Option S4 on drawings) 520 VLF $ *** $

001516 OPTION 06: All work required to provide ashlar stone type ST-2 in lieu of veneer brick. (Referenced as Option A1 on drawings) 1 JOB $ *** $

001617 OPTION 07: All work required to provide a covered pre-engineered Parking Canopy. (Referenced as Option A2 on drawings) 1 JOB $ *** $

001718 OPTION 08: 36" Diameter reinforced concrete drilled pier top of drilled pier elevation 1'-0" unless noted otherwise.

(QTY. 4) Caissons to be drilled to a depth of 17'-0" below grade. (Referenced as Option A2 on drawings) 72 VLF $ *** $

001819 OPTION 09: All work required for the demolition of buildings to demolish buildings 30,31,32,33,35,37,37A, and the remaining structures, slabs, and slabs.

(Referenced as Option S5 on drawings)

1 JOB $ *** $

</AM#0003>

TOTAL ALL OPTIONS

TOTAL OFFER (BASE + OPTIONS)

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Item Unit Line Item No. Description Quantity Unit Price Amount

CONTRACT LINE ITEM SCHEDULE

USDS-ARS Lab Facilities Renovation Kerrville, Texas

Contract Duration in Calendar Days After the Notice to Proceed is received.* DAYS

*Note: Contract duration for all work shall NOT exceed the duration specified in Section

01 00 00.00 44 CONSTRUCTION

SCHEDULE. See Note No. 5.

W9126G21R0034-0003

USDA-ARS Lab Facilities Renovation Kerrville, Texas

CONTRACT LINE ITEM SCHEDULE

NOTES:

NOTE NO. 1. To better facilitate the receipt and proposal process, all modifications to proposals are to be submitted on copies of the latest Contract Line Item (CLIN) schedules as published in the solicitation or the latest amendment thereto. In lieu of indicating additions/deductions to line items, all Offerors should state their revised prices for each item.

NOTE NO. 2. Offerors must insert a price on all numbered items of the CLIN Schedule. Failure to do so may result in the offer being unacceptable

NOTE NO. 3. CONDITIONS GOVERNING EVALUATION OF OFFERS AND AWARD OF CONTRACTS:

The Government may require the delivery of the numbered line items, identified in the schedule as option items, in the quantity and at the price stated in the schedule. Subject to the availability of funds, the Contracting Officer may exercise the option by written notice to the Contractor within the time indicated below from the Notice to Proceed.

NOTE NO. 4. All the extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the offer.

NOTE NO. 5 The Offeror shall propose a total integrated contract duration in number of calendar days after the Notice to Proceed (NTP) is received by the Contractor, whether via electronic means or hard copy, whichever is the earliest method of delivery. The total number of proposed calendar days for construction through completion, ready for turnover shall not exceed the number of calendar days specified in Section 01 00 00.00 44 Construction Schedule. The proposed duration shall become the required contract duration. The Government may issue the NTP via e-mail or Facsimile (FAX) or by other means. Day number 1 is the day after the date of receipt of the NTP.

NOTE NO. 6. At the option of the Government, the Government may require the Contractor to perform the work identified as Optional line item(s) at the price(s) stated in the CLIN Schedule. The Contracting Officer may exercise one or more of the Option(s) by written notice to the Contractor within 180 calendar days after the date of the receipt of the Notice to Proceed by the Contractor. There is no separate completion period for these option(s) and the work included therein shall be completed within the contract duration as proposed above.

Exercise of the Option(s) shall be evidenced on Standard Form 30, citing FAR 52.217-7, as the authority for exercising the Option. The Option shall be deemed exercised at the time the Government deposits the SF30 in the mail or, if earlier, at the time it is delivered to the Contractor.

NOTE NO. 7. 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

(a) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(b) The Government may reject an offer as nonresponsive if it is materially unbalanced as to prices for the basic requirement and the option quantities. An offer is unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

W9126G21R0034-0002

USDA-ARS Lab Facilities Renovation Kerrville, Texas

CONTRACT LINE ITEM SCHEDULE

<AM#0003> <AM#0002>NOTE NO. 8. CLIN 001312 through 0015, Bid options 02 through 04 05 will either be executed at the same time or after the award of CLIN 0012 11, Bid Option 01. If Bid Option 01, CLIN 0012 0010 0011 is not executed; then Bid Options 02, 03, 04 and 05 will not be executed. </AM#0002> </AM#0003>

NOTE NO. 9. Responders are advised that this requirement may be delayed, cancelled or revised at any time during the solicitation, selection, evaluation, negotiation and/or final award process based on decisions related to DOD changes in force structure and disposition of the Armed Forces.

NOTE NO. 10. Amount represents preliminary estimated charges by the System Owners (SO) for the planned utility work. After award, the Contractor must coordinate with the SO and get final approved and professionally sealed drawings. After receipt, the SO will provide costs for the utility work. The Contractor will negotiate, contract and schedule the work directly with the SO and pay the SO to do the approved work. The Government will only pay paid invoice amounts as provided by the SO. A modification will be issued to the Contractor if the actual SO connection costs differ from the original estimated connection fees indicated in CLIN 0008, 0009, 0010 and 0011.

NOTE NO. 11. The Army will procure this facility through a cost competition in accordance with the provisions set forth in this Request for Proposals (RFP). When awarded, it will be a "Firm Fixed Price Contract."

NOTE NO. 12. Any proposal that is materially unbalanced as to prices for the Base Schedule may be rejected.

An unbalanced proposal is one that is based on prices significantly less than the cost for some work and prices that are significantly overstated for other work and can also exist where only overpricing or underpricing exists.

NOTE NO. 13. ABBREVIATIONS

For the purpose of this solicitation, the units of measure are represented as follows:

a. JOB

b. VLF = Vertical Linear Feet

NOTE NO 14. Profit will not be paid on bonds or insurance.

END OF CLIN SCHEDULE

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Section 00 72 00 - Contract Clauses

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 JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

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

JAN 2017

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

MAY 2011

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

Subcontract Awards

JUN 2020

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

Certifications.

DEC 2014

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

JUN 2020

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

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 JUN 2020 52.211-13 Time Extensions SEP 2000 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-12 Subcontractor Certified Cost or Pricing Data JUN 2020 52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications JUN 2020 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

JUN 2020

52.215-23 Limitations on Pass-Through Charges JUN 2020 52.219-9 Alt II Small Business Subcontracting Plan (JUN 2020) Alternate II NOV 2016 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.219-28 Post-Award Small Business Program Rerepresentation NOV 2020 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-6 Construction Wage Rate Requirements AUG 2018

52.222-7 MAY 2014

52.222-8 AUG 2018

52.222-9 JUL 2005

52.222-10 FEB 1988

52.222-11 MAY 2014

52.222-12 MAY 2014

52.222-13 MAY 2014

52.222-14 FEB 1988

52.222-15 MAY 2014

52.222-21 APR 2015

52.222-26 SEP 2016

52.222-27 APR 2015

52.222-30 AUG 2018

52.222-34 MAY 2010

52.222-35 JUN 2020

52.222-36 JUN 2020

52.222-37 JUN 2020

52.222-40 DEC 2010

52.222-50 OCT 2020

52.222-54 OCT 2015

52.222-55 NOV 2020

52.222-62 JAN 2017

52.223-5 MAY 2011

52.223-6 MAY 2001

52.223-11 JUN 2016

52.223-15 MAY 2020

52.223-17 AUG 2018

52.223-18 JUN 2020

52.223-20 JUN 2016

52.223-21 JUN 2016

52.225-11 (Dev) JAN 2021

52.225-13 FEB 2021

52.227-1 JUN 2020

52.227-2 JUN 2020

OCT 1997

JAN 1997

52.228-2 52.228-5

52.228-7 MAR 1996

52.228-11 (Dev) FEB 2021

52.228-12 MAY 2014

52.228-15 (Dev) JUN 2020

52.229-3 FEB 2013

52.232-5 MAY 2014

52.232-17 MAY 2014

52.232-23

Withholding of Funds Payrolls and Basic Records Apprentices and Trainees Compliance with Copeland Act Requirements Subcontracts (Labor Standards) Contract Termination-Debarment Compliance With Construction Wage Rate Requirements and Related Regulations Disputes Concerning Labor Standards Certification of Eligibility Prohibition Of Segregated Facilities Equal Opportunity Affirmative Action Compliance Requirements for Construction Construction Wage Rate Requirements--Price Adjustment (None or Separately Specified Method) Project Labor Agreement Equal Opportunity for Veterans Equal Opportunity for Workers with Disabilities Employment Reports on Veterans Notification of Employee Rights Under the National Labor Relations Act Combating Trafficking in Persons Employment Eligibility Verification Minimum Wages Under Executive Order 13658 Paid Sick Leave Under Executive Order 13706 Pollution Prevention and Right-to-Know Information Drug-Free Workplace Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons.

Energy Efficiency in Energy-Consuming Products Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts Encouraging Contractor Policies To Ban Text Messaging While Driving Aerosols Foams Buy American - Construction Materials Under Trade Agreements (DEVIATION 2020-O0019) Restrictions on Certain Foreign Purchases Authorization and Consent Notice And Assistance Regarding Patent And Copyright Infringement Additional Bond Security Insurance - Work On A Government Installation Insurance--Liability To Third Persons Individual Surety--Pledge of Assets (DEVIATION 2020- O0016) Prospective Subcontractor Requests for Bonds Performance and Payment Bonds-Construction. (Deviation 2020-O0016) Federal, State And Local Taxes Payments under Fixed-Price Construction Contracts Interest Assignment Of Claims MAY 2014

<AM#00003> <AM#00003>

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52.232-27 JAN 2017

52.232-33 OCT 2018

52.232-39 JUN 2013

52.232-40 DEC 2013

52.233-1 MAY 2014

52.233-3 AUG 1996

52.233-4 OCT 2004

52.236-2 APR 1984

52.236-3 APR 1984

52.236-5 APR 1984

52.236-6 APR 1984

52.236-7 NOV 1991

52.236-8 APR 1984

52.236-9 APR 1984

52.236-10 APR 1984

52.236-11 APR 1984

52.236-12 APR 1984

52.236-13 NOV 1991

52.236-14 APR 1984

52.236-15 APR 1984

52.236-17 APR 1984

52.236-21 FEB 1997

52.236-26 FEB 1995

52.242-5 JAN 2017

52.242-13 JUL 1995

52.242-14 APR 1984

52.243-4 JUN 2007

52.243-6 APR 1984

52.244-5 DEC 1996

52.244-6 NOV 2020

52.246-12 AUG 1996

52.246-21 MAR 1994

52.248-3 OCT 2020

52.249-2 Alt I SEP 1996

52.249-10 APR 1984

52.250-4 FEB 2009

52.253-1 JAN 1991

252.201-7000 DEC 1991

252.203-7000 SEP 2011

252.203-7001

Prompt Payment for Construction Contracts Payment by Electronic Funds Transfer--System for Award Management Unenforceability of Unauthorized Obligations Providing Accelerated Payments to Small Business Subcontractors Disputes Protest After Award Applicable Law for Breach of Contract Claim Differing Site Conditions Site Investigation and Conditions Affecting the Work Material and Workmanship Superintendence by the Contractor Permits and Responsibilities Other Contracts Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements Operations and Storage Areas Use and Possession Prior to Completion Cleaning Up Accident Prevention Availability and Use of Utility Services Schedules for Construction Contracts Layout of Work Specifications and Drawings for Construction Preconstruction Conference Payments to Small Business Subcontractors Bankruptcy Suspension of Work Changes Change Order Accounting Competition In Subcontracting Subcontracts for Commercial Items Inspection of Construction Warranty of Construction Value Engineering-Construction Termination for Convenience of the Government (Fixed- Price) (Apr 2012) - Alternate I Default (Fixed-Price Construction) SAFETY Act Pre-qualification Designation Notice Computer Generated Forms Contracting Officer's Representative Requirements Relating to Compensation of Former DoD Officials 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 252.203-7004 Display of Hotline Posters AUG 2019 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

<AM#00003> <AM#00003>

W9126G21R0034-0003

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

MAY 2016

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

JAN 2021

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 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

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7004 Drug Free Work Force SEP 1988 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7008 Restriction on Acquisition of Specialty Metals MAR 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.227-7022 Government Rights (Unlimited) MAR 1979 252.227-7023 Drawings and Other Data to become Property of Government 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 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.246-7008 Sources of Electronic Parts MAY 2018

CLAUSES INCORPORATED BY FULL TEXT

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

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

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

Covered telecommunications equipment or services means--

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

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

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

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

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

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

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

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

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

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

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

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

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

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

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

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

(b) Prohibition.

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

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

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

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

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

(End of clause)

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 180 60 days after issuance of the Notice to Proceed (NTP). Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless--

(1) The product cannot be acquired--

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)).

For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferredgov.

(c) In the performance of this contract, the Contractor shall--

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than--

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

<AM#00002> <AM#00002>

W9126G21R0034-0003

(End of clause)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021)

(a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (if none, insert None) Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items.

Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of clause)

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-

DESIGNATED ITEMS (MAY 2008)

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

Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall--

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to the Contracting Officer Representative.

(End of clause)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

(a) “Irrevocable letter of credit” (ILC), as used in this clause, means a written commitment by a federally insured financial institution to pay all or part of a stated amount of money, until the expiration date of the letter, upon presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor the offeror/Contractor can revoke or condition the letter of credit.

(b) If the offeror intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as performance and payment bonds, the letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used.

(c) The letter of credit shall be irrevocable, shall require presentation of no document other than a written demand and the ILC (including confirming letter, if any), shall be issued/confirmed by an acceptable federally insured financial institution as provided in paragraph (d) of this clause, and--

(1) If used as a bid guarantee, the ILC shall expire no earlier than 60 days after the close of the bid acceptance period;

(2) If used as an alternative to corporate or individual sureties as security for a performance or payment bond, the offeror/Contractor may submit an ILC with an initial expiration date estimated to cover the entire period for which financial security is required or may submit an ILC with an initial expiration date that is a minimum period of one year from the date of issuance. The ILC shall provide that, unless the issuer provides the beneficiary written notice of non-renewal at least 60 days in advance of the current expiration date, the ILC is automatically extended without amendment for one year from the expiration date, or any future expiration date, until the period of required coverage is completed and the Contracting Officer provides the financial institution with a written statement waiving the right to payment. The period of required coverage shall be:

(i) For contracts subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of--

(A) One year following the expected date of final payment;

(B) For performance bonds only, until completion of any warranty period; or

(C) For payment bonds only, until resolution of all claims filed against the payment bond during the one-year period following final payment.

(ii) For contracts not subject to the Miller Act, the later of--

(A) 90 days following final payment; or

(B) For performance bonds only, until completion of any warranty period.

(d)(1) Only federally insured financial institutions rated investment grade by a commercial rating service shall issue or confirm the ILC.

(2) Unless the financial institution issuing the ILC had letter of credit business of at least $25 million in the past year, ILCs over $5 million must be confirmed by another acceptable financial institution that had letter of credit business of at least $25 million in the past year.

(3) The Offeror/Contractor shall provide the Contracting Officer a credit rating that indicates the financial institutions have the required credit rating as of the date of issuance of the ILC.

(4) The current rating for a financial institution is available through any of the following rating services registered with the U.S. Securities and Exchange Commission (SEC) as a Nationally Recognized Statistical Rating Organization (NRSRO). NRSRO's can be located at the Web site http://www.sec.gov/answers/nrsro.htm maintained by the SEC.

(e) The following format shall be used by the issuing financial institution to create an ILC:

[Issuing Financial Institution's Letterhead or Name and Address]

Issue Date _ ___

IRREVOCABLE LETTER OF CREDIT NO. ___

Account party's name ___ _

Account party's address ___ _

For Solicitation No. ___ _(for reference only)

TO: [ ___ U.S. Government agency]

[ ___ U.S. Government agency's address]

1. We hereby establish this irrevocable and transferable Letter of Credit in your favor for one or more drawings up to United States $ ___ . This Letter of Credit is payable at [issuing financial institution's and, if any, confirming financial institution's] office at [ ___ issuing financial institution's address and, if any, confirming financial institution's address] and expires with our close of business on ___ , or any automatically extended expiration date.

2. We hereby undertake to honor your or the transferee's sight draft(s) drawn on the issuing or, if any, the confirming financial institution, for all or any part of this credit if presented with this Letter of Credit and confirmation, if any, at the office specified in paragraph 1 of this Letter of Credit on or before the expiration date or any automatically extended expiration date.

3. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this Letter of Credit that it is deemed to be automatically extended without amendment for one year from the expiration date hereof, or any future expiration date, unless at least 60 days prior to any expiration date, we notify you or the transferee by registered mail, or other receipted means of delivery, that we elect not to consider this Letter of Credit renewed for any such additional period. At the time we notify you, we also agree to notify the account party (and confirming financial institution, if any) by the same means of delivery.

4. This Letter of Credit is transferable. Transfers and assignments of proceeds are to be effected without charge to either the beneficiary or the transferee/assignee of proceeds. Such transfer or assignment shall be only at the written direction of the Government (the beneficiary) in a form satisfactory to the issuing financial institution and the confirming financial institution, if any.

5. This Letter of Credit is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. ___ -- (Insert version in effect at the time of ILC issuance, e.g., ``Publication 600, 2006 edition'') and to the extent not inconsistent therewith, to the laws of ___ --[State of confirming financial institution, if any, otherwise State of issuing financial institution].

6. If this credit expires during an interruption of business of this financial institution as described in Article 17 of the UCP, the financial institution specifically agrees to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, [ ___ Issuing financial institution]

(f) The following format shall be used by the financial institution to confirm an ILC:

___ [Confirming Financial Institution's Letterhead or Name and Address]

(Date) ___

Our Letter of Credit Advice Number ___

Beneficiary: ___ [U.S. Government agency]

Issuing Financial Institution: ___

Issuing Financial Institution's LC No.: ___

Gentlemen:

1. We hereby confirm the above indicated Letter of Credit, the original of which is attached, issued by ___ [name of issuing financial institution] for drawings of up to United States dollars ___ _/U.S. $ ___ and expiring with our close of business on ___ [the expiration date], or any automatically extended expiration date.

2. Draft(s) drawn under the Letter of Credit and this Confirmation are payable at our office located at ___ _.

3. We hereby undertake to honor sight draft(s) drawn under and presented with the Letter of Credit and this Confirmation at our offices as specified herein.

4. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this confirmation that it be deemed automatically extended without amendment for one year from the expiration date hereof, or any automatically extended expiration date, unless:

(a) At least 60 days prior to any such expiration date, we shall notify the Contracting Officer, or the transferee and the issuing financial institution, by registered mail or other receipted means of delivery, that we elect not to consider this confirmation extended for any such additional period; or

(b) The issuing financial institution shall have exercised its right to notify you or the transferee, the account party, and ourselves, of its election not to extend the expiration date of the Letter of Credit.

5. This confirmation is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. ___ -- (Insert version in effect at the time of ILC issuance, e.g., ``Publication 600, 2006 edition'') and to the extent not inconsistent therewith, to the laws of ___ --[State of confirming financial institution].

6. If this confirmation expires during an interruption of business of this financial institution as described in Article 17 of the UCP, we specifically agree to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, [Confirming financial institution]

(g) The following format shall be used by the Contracting Officer for a sight draft to draw on the Letter of Credit:

SIGHT DRAFT

[City, State]

(Date) ___

[Name and address of financial institution]

Pay to the order of ___ [Beneficiary Agency] ___ the sum of United States ___ This draft is drawn under Irrevocable Letter of Credit No. ___

___ [Beneficiary Agency]

By: ___

(End of clause)

52.232-13 NOTICE OF PROGRESS PAYMENTS (APR 1984)

The need for customary progress payments conforming to the regulations in Subpart 32.5 of the Federal Acquisition Regulation (FAR) will not be considered as a handicap or adverse factor in the award of the contract. The Progress Payments clause included in this solicitation will be included in any resulting contract, modified or altered if necessary in accordance with subsection 52.232-16 and its Alternate I of the FAR.