W9128A-18-B-0002_Am-0002.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)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

See Continuation Page.

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 AMERICA15C. DATE SIGNED15B. 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 W9128A18B0002

X 9B. DATED (SEE ITEM 11)

01-Feb-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

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 X is extended, 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 1 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.

Am-0002

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

6. ISSUED BY

3. EFFECTIVE DATE

15-Feb-2018

CODE

CECT - CONTRACTING DIVISION

USACE, HONOLULU DISTRICT

BLDG 252 (CECT-POH)

FT. SHAFTER HI 96858-5440

W9128A 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9128A18B0002 Am-0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

1. CHANGES TO SPECIFICATIONS. Attached hereto are revised pages/paragraphs to the specifications. The revision mark “(Am-0002)” is shown on each revised page.

a. REVISED SECTIONS. The following are revised pages to the solicitation. Changes are marked in “*” asterisks.

Standard Form 1442 – Page 1 Section 00 10 00 – Page 3 Section 00 21 13 – Pages 1, 4 and 7 Section 00 72 00 – Pages 1 through 3

b. NEW PAGES. The following are new pages to the solicitation.

Section 00 21 13 – Page 8 Section 00 60 00, Appendix A – Requests for Information (#1 through 4) Section 00 60 00, Appendix B – Map for Site Visit Meeting Point

2. BASE PASS AND FLIGHT LINE CLEARANCE FOR SITE VISIT

Flight Line Clearance is required for all individuals to participate in the site visit.

a. Visitor Base Pass - Bidders participating in the site visit that do not have a valid gate pass (registered in Defense Biometric Identification System (DBIDS); Rapid Gate passes are not acceptable) or access on base will be required to complete Form SECNAV 5512/1 (APR 2014) and submit the completed document to the Government Points of Contact, no later than February 21, 2018 at 10:00AM Hawaii Standard Time, for review and processing. The Government will require a minimum of 18 calendar days to review and process the applicant's base pass application and reserves the right to refuse entry to any bidder or bidder’s representative seeking to attend the site visit. The Government’s denial of a bidder’s base pass application is not subject to dispute.

b. Flight Line Clearance - Bidders attending the organized site visit must provide the following information on each individual planning to attend the site visit: Full Name, Badge Number (DBIDS/CAC) (if issued), Clearance level (if issued) and any authorized areas based on the Clearance level. A copy of each individual's Controlled Picture ID (Driver's License/State Issued) must also be included with the submission. All information must be submitted to the Government Points of Contact no later than February 21, 2018 at 10:00AM Hawaii Standard Time, for review and processing. The Government will require a minimum of 18 calendar days to review and process the applicant's flight line clearance and reserves the right to refuse entry to any bidder or bidder’s representative seeking to attend the site visit. The Government’s denial of a bidder’s flight line clearance is not subject to dispute.

Bidders will be notified of approvals and denials by Mr. Dean Fukuchi, up to the time of the site visit.

Those who have submitted a request for a Base Pass and/or Flight Line Clearance will not have to resubmit another request.

Government Points of Contact:

1. Mr. Dean Fukuchi Telephone Number: (808) 835-4069 E-mail Address: dean.fukuchi@usace.army.mil

2. Mr. Kent Tamai Telephone Number: (808) 835-4377 E-mail Address: kent.a.tamai@usace.army.mil

W9128A18B0002 Am-0002

3. Mr. Colin Waki Telephone Number: (808) 835-4393 E-mail Address: colin.k.waki@usace.army.mil

4. Ms. Dayna Matsumura Telephone Number: (808) 835-4379 E-mail Address: dayna.n.matsumura@usace.army.mil

3. The bid opening date is EXTENDED (see SF1442, Page 1, Block 13A).

FY16 MCAF RNMD043004, F-22 Fighter Alert Facility, Joint Base Pearl Harbor-Hickam (JBPHH), Oahu, Hawaii

X

COLIN K WAKI 808-835-4393

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

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

NEGOTIATED

01-Feb-2018

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance within _______7 calendar days and complete it within ________560 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________ 19 Apr 2018 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______ 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

CECT - CONTRACTING DIVISION

USACE, HONOLULU DISTRICT

BLDG 252 (CECT-POH)

FT. SHAFTER HI 96858-5440

W9128A

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX: TEL: TEL: FAX:

W9128A18B0002 90

(Am-0002)

W9128A-18-B-0002

Section 00 10 00 – Page 3

e. Section 00 45 00 - Representations & Certifications, Appendix A - SF LLL, Disclosure of Lobbying Activities

9. All Bidders shall provide one (1) copy of the entire bid on a CD within seven (7) calendar days after the date of bid opening.

10. The micropile quantities and the 40 foot length are identified in Drawing S503. If the actual required quantities and lengths, as finally approved by the Contracting Officer or authorized representative, are materially different from what was identified in Drawing S503, the Government will negotiate an equitable adjustment (increase or decrease to the contract price).

Unanticipated conditions encountered during construction may necessitate quantities of work that vary from that shown on the drawings. To minimize delays associated with encountering unanticipated conditions during construction, provide a unit price for each of the following items. If unanticipated conditions are encountered during construction, promptly notify the Contracting Officer that such a condition has been encountered, describe the condition encountered, and provide a listing of which the following items may be necessary. Upon notification, the Contracting Officer will promptly investigate the matter, and if necessary, may issue a Change Order directing the Contractor to proceed with any or all of the required items. Bidders are advised the following unit prices will not be part of the contract, but are a starting point for initiating the change order process.

DESCRIPTION UNIT UNIT PRICE

1) Micropiles – Additional Length LF $___________

2) Micropiles – Omitted Length LF $___________

11. The magnitude of the construction project is between $25,000,000 and $50,000,000.

12. Request for Information (RFIs) must be submitted no later than April 4, 2018, 2:00 PM Hawaii Standard Time. The Government Points of Contact for RFIs are as follows:

Mr. Colin Waki Telephone Number: (808) 835-4393 E-mail Address: colin.k.waki@usace.army.mil

Mr. Kent A. Tamai Telephone Number: (808) 835-4377 E-mail Address: kent.a.tamai@usace.army.mil

13. SITE VISIT INFORMATION: Cameras, including cell phones, will not be allowed during the site visit.

Section 00 21 13 – Page 1

Section 00 21 13 - Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.204-7 Alt I System for Award Management-- Alternate I JUL 2013 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data - Modifications - Sealed

Bidding

AUG 2011

52.214-28 Subcontracting Certified Cost Or Pricing Data--Modifications--Sealed Bidding OCT 2010 52.215-16 Facilities Capital Cost of Money JUN 2003 52.217-3 Evaluation Exclusive Of Options APR 1984 52.223-1 Biobased Product Certification MAY 2012 52.232-13 Notice Of Progress Payments APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of provision)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

Section 00 21 13 – Page 4

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for--

March 30, 2018, 1300 to 1700 Hours, Hawaii Standard Time. Please see Am-0002, Standard Form 30 for information on base access and flight line clearance requirements.

(c) Participants will meet at--

Building 3392, 335 Gardner Avenue, Joint Base Pearl Harbor Hickam, Oahu, Hawaii

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

(End of provision)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)

(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2.

(End of provision)

252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)

(a) Definitions. As used in this provision—

Section 00 21 13 – Page 8

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

FY16 MCAF RNMD043004, F‐22 Fighter Alert Facility Joint Base Pearl Harbor Hickam (JBPHH), Oahu, Hawaii

RFI # References Question Government Response 1 Will security clearances be required for this particular project. Security Clearance is not required to perform the construction work at this time.

2 SF 1442 Block 13B, and Section 00 72 00 The RFP states that an offer guarantee is required in accordance with the SF 1442 Block 13B, and Section 00 72 00, however it does not specify the amount. Typically Government RFP’s require a bid guarantee (Standard Form

24) be provided in the amount of 20% percent of the bid price or $3M, whichever is less. Can you please verify the correct amount for this solicitation?

Please see revised Section 00 21 13, FAR 52.228-1 "Bid Guarantee", per Am-0002.

3 Section 00 45 00, Representations & Certifications, Appendix A

SF LLL is listed in Section 00 10 00, paragraph 8, as a document that must be submitted to be eligible for award.

Please clarify that the contractor must submit this form even if he does not have any lobying activities to disclose. If the form must be submitted, will the contractor be authorized to leave the form blank and state "No lobbying activities to disclose"?

The Standard Form LLL must be submitted. If the contractor has no lobbying activites to disclose, the form may be submitted with "not applicable" stated on the form.

4 00 10 00 There is a an area on the Bid schedule to indicate whether the Bid Does or Does Not include Facilities Capital Cost of Money.

Please clarify.

Please see revised Section 00 21 13, FAR 52.215-16 "Facilities Capital Cost of Money", per Am-0002.

00 60 00, Appendix B

B

Section 00 72 00 – Page 1

Section 00 72 00 - General Conditions

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures MAY 2014 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 OCT 2010 52.203-14 Display of Hotline Poster(s) OCT 2015 52.203-16 Preventing Personal Conflicts of Interest DEC 2011 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of

Whistleblower Rights

APR 2014

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 OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters JUL 2013 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015 52.210-1 Market Research APR 2011 52.211-13 Time Extensions SEP 2000 52.211-15 Defense Priority And Allocation Requirements APR 2008 52.214-26 Audit and Records--Sealed Bidding OCT 2010 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data - Modifications - Sealed

Bidding

AUG 2011

52.214-28 Subcontracting Certified Cost Or Pricing Data--Modifications--Sealed Bidding OCT 2010 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--Modifications AUG 2011 52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns OCT 2014 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-9 Alt I Small Business Subcontracting Plan (JAN 2017) Alternate I NOV 2016 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 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 2014 52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations MAY 2014 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016

Section 00 72 00 – Page 2

52.222-27 Affirmative Action Compliance Requirements for Construction APR 2015 52.222-29 Notification Of Visa Denial APR 2015 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons JUN 2016 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners

JUN 2016

52.223-13 Acquisition of EPEAT - Registered Imaging Equipment (Jun 2014) JUN 2014 52.223-14 Acquisition of EPEAT -Registered Televisions JUN 2014 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-16 Acquisition of EPEAT (R) - Registered Personal Computer Products OCT 2015 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction

Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement DEC 2007 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-1 Bid Guarantee SEP 1996 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets JAN 2012 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 OCT 2010 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-16 Progress Payments APR 2012 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award Management JUL 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.233-1 Disputes MAY 2014 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

Section 00 72 00 – Page 3

52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) - Alternate I 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 52.244-6 Subcontracts for Commercial Items NOV 2017 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.247-63 Preference For U.S. Flag Air Carriers JUN 2003 52.248-3 Value Engineering-Construction OCT 2015 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

CLAUSES INCORPORATED BY FULL TEXT

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

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

Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

Full cooperation—

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require-

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from--

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

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