Am_0001.pdf

Offers 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 or (c) By separate letter or electronic communication 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 letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

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

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, 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)

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.

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

Amendment No. 0001

REPAIR CHILLED WATER SYSTEM, 12605 PNSAXC081004

CHEYENNE MOUNTAIN AFS, COLORADO

See attached documentation for content of the amendment changes to RFP

Date for receipt of proposals is 6 AUG 2018 at 1400 hours

Government Point of Contact: Stephanie Harr,Contract Specialist (402) 996-3713

U.S ARMY CORPS OF ENGINEERS, OMAHA DISTRICT

CONTRACTING OFFICE

1616 CAPITOL AVE.

OMAHA, NE 68102-4901

See Item 6

W9128F-18-R-0043

07/13/2018

06/18/2018

07/13/2018

Am #0001 - 2 (Continuation of SF 30)

DEPARTMENT OF THE ARMY

Omaha District, Corps of Engineers 1616 Capitol Avenue Omaha, Nebraska 68102-4901

:NOTICE: Failure to acknowledge : Solicitation No. W9128F 18 R 0043 :all amendments may cause rejec- :

:tion of the bid. See FAR : Date of Issue: 18 JUN 2018 :52.214-3 of Section 00 21 00 : Date of Opening: 6 AUG 2018

Amendment No. 0001

13 JUL 2018

SUBJECT: Amendment No. 0001 to Specifications and Drawings for Construction of

REPAIR CHILLED WATER SYSTEM AT CHEYENNE MOUNTAIN AFS, COLORADO

Solicitation No. W9128F 18 R 0043

TO: Prospective Offerors and Others Concerned

1. The specifications and drawings for subject project are hereby modified as follows (revise all specification indices, attachment lists, and drawing indices accordingly).

a. Specifications (New and/or Revised and Reissued). Delete and substitute or add specification pages as noted below. The substituted pages are revised and reissued with this amendment. For convenience, on the revised specification pages of sections marked with an asterisk, changes have been identified by highlighting. (All portions of reissued specification pages shall apply whether or not changes thereon have been indicated in this fashion.

Pages Deleted Pages Substituted or Added 00 22 00 00 22 00* 00 45 00 00 45 00* 00 72 00 00 72 00* 01 30 00.24 01 30 00.24

2. This amendment is a part of the proposing papers and its receipt shall be acknowledged on the Standard Form 1442. All other conditions and requirements of the specifications remain unchanged. If the proposals have been mailed prior to receiving this amendment, you will notify the office where proposals are opened, in the specified manner, immediately of its receipt and of any changes in your proposal occasioned thereby.

Attachments:

Spec Pages listed in 1.a. above

U.S. Army Engineer District, Omaha Corps of Engineers 1616 Capitol Avenue Omaha, Nebraska 68102-4901

13 JUL 2018

jlb/2099

Am_0001 o o to include all modifications, if applicable

Please provide details such as similar equipment, requirements, conditions, etc.

ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE

(If liquidated damages were assessed or the schedule was not met, please address below)

If no, please explain in Remarks section.

Indicate if show cause or cure notices were issued, or any default action in comment section below.

If yes, please explain below.

(explain if specific issues)

(If no, please explain below) if applicable

(please attach additional pages if necessary)

Repair Chilled Water Lines - Cheyenne Mountain, CO CM10

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 45 00

REPRESENTATIONS AND CERTIFICATIONS

-1/18

PART 1 GENERAL

1.1 FAR 52.204-8 Annual Representations And Certifications (Jan 2018)

1.2 FAR 52.209-7 Information Regarding Responsibility Matters (Jul

2013)

1.3 FAR 52.209-12 Certification Regarding Tax Matters (Feb 2016)

1.4 FAR 52.236-28 Preparation of Proposals-Construction (Oct 1997

1.5 DFARS 252.203-7005 Representation Relating To Compensation Of

Former DOD Officials (Nov 2011)

1.6 DFARS 252.204-7007 Alternate A, Annual Representations and

Certifications (Jan 2015)

1.7 DRARS 252.209-7998 Representation Regarding Conviction Of A

Felony Criminal Violation Under Any Federal Or State Law (Deviation 2012-O0007) (Mar 2012)

1.8 DFARS 252.209-7999 Representation By Corporations Regarding An Unpaid Delinquent Tax Liability Or A Felony Conviction Under Any Federal Law (Deviation 2012-O0004) (Jan 2012)

PART 2 NOT USED

PART 3 NOT USED

-- End of Section Table of Contents --

DOCUMENT 00 45 00 Page 1

SECTION 00 45 00

REPRESENTATIONS AND CERTIFICATIONS

-1/18

PART 1 GENERAL

IMPORTANT NOTE:

Online Representations and Certifications Application per FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS is required to be completed.

Failure of completing applicable requirements contained herein and online representations and certifications and/or provisions may result in delay of contract award. Online Representations and Certifications are available at:

https://www.sam.gov/portal/public/SAM/

Provide the following certifications and representations as a part of the proposal, check the appropriate boxes, fill in the appropriate information, and submit with Standard Form 1442 (Section 00 10 00).

1.1 FAR 52.204-8 Annual Representations And Certifications (Jan 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is a concern for which the average annual receipts did not exceed $36.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to

DOCUMENT 00 45 00 Page 2

Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xV) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals–Representation. This provision applies to solicitation that include the clause at 52.204-7.items.

(xix) 52.225-2, Buy American Certificate. This provision applies to

DOCUMENT 00 45 00 Page 3 solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternate I, II and III) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran-Representations and Certification. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] _X (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Standards to Contracts for Certain Services-Certification.

__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

__ (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR CLAUSE # TITLE DATE CHANGE

DOCUMENT 00 45 00 Page 4

_X

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

1.2 FAR 52.209-7 Information Regarding Responsibility Matters (Jul 2013)

(a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means-

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"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).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in-

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this

DOCUMENT 00 45 00 Page 5 provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

1.3 FAR 52.209-12 Certification Regarding Tax Matters (Feb 2016)

(a) This provision implements section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts.

(b) If the Offeror is proposing a total contract price that will exceed $5,000,000 (including options), the Offeror shall certify that, to the best of its knowledge and belief, it

(1) Has [ ] filed all Federal tax returns required during the three years preceding the certification;

(2) Has not [ ] been convicted of a criminal offense under the Internal Revenue Code of 1986; and

(3) Has not [ ], more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

(End of provision)

1.4 FAR 52.236-28 Preparation of Proposals-Construction (Oct 1997

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

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

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

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

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

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

(End of provision)

DOCUMENT 00 45 00 Page 6

1.5 DFARS 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)

1.6 DFARS 252.204-7007 Alternate A, Annual Representations and Certifications (Jan 2015)

Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:

(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:

(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus-Representation. Applies to all solicitations with institutions of higher education.

(ii) 252.216-7008, Economic Price Adjustment-Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold.

(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities--Representations. Applies to solicitations for the acquisition of commercial satellite services.

(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more

(vii) 252.229-7012, Tax Exemptions (Italy)-Representation. Applies to solicitations and contracts when contract performance will be in Italy.

(viii) 252.229-7013, Tax Exemptions (Spain)-Representation. Applies to solicitations and contracts when contract performance will be in Spain.

(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

_x__ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign

DOCUMENT 00 45 00 Page 7

Government.

___ (ii) 252.225-7000, Buy American-Balance of Payments Program Certificate.

___ (iii) 252.225-7020, Trade Agreements Certificate.

___ Use with Alternate I.

_x_ (iv) 252.225-7031, Secondary Arab Boycott of Israel.

___ (v) 252.225-7035, Buy American-Free Trade Agreements-Balance of Payments Program Certificate.

___ Use with Alternate I.

___ Use with Alternate II.

___ Use with Alternate III.

___Use with Alternate IV.

___ Use with Alternate V.

(e) The offeror has completed the annual representations and certifications electronically via the SAM website at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS Provision # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

(End of provision)

1.7 DRARS 252.209-7998 Representation Regarding Conviction Of A Felony Criminal Violation Under Any Federal Or State Law (Deviation 2012-O0007) (Mar 2012)

(a) In accordance with section 514 of Division H of the Consolidated Appropriations Act, 2012, none of the funds made available by that Act may be used to enter into a contract with any corporation that was convicted of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) The Offeror represents that it is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal or State law within the preceding 24 months.

(End of provision)

DOCUMENT 00 45 00 Page 8

1.8 DFARS 252.209-7999 Representation By Corporations Regarding An Unpaid Delinquent Tax Liability Or A Felony Conviction Under Any Federal Law (Deviation 2012-O0004) (Jan 2012)

(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012,(Pub. L. 112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that-

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that-

(1) It is [ ___ ] is not [ ___ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

PART 2 NOT USED

PART 3 NOT USED

-- End of Section --

DOCUMENT 00 45 00 Page 9

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 72 00

GENERAL CONDITIONS (CONTRACT CLAUSES - RFP)

01/18

PART 1 GENERAL

1.1 *FAR 52.202-1 DEFINITIONS (NOV 2013)

1.2 *FAR 52.203-3 GRATUITIES (APR 1984)

1.3 *FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

1.4 *FAR 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

1.5 *FAR 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

1.6 *FAR 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)

1.7 *FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (OCT 2010)

1.8 *FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT

(OCT 2015)

1.9 RESERVED

1.10 RESERVED

1.11 *FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

1.12 *FAR 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

1.13 *FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER

FIBER CONTENT PAPER (MAY 2011)

1.14 RESERVED.

1.15 FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (JAN 2011)

1.16 *FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (OCT 2016)

1.17 RESERVED

1.18 *FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

1.19 *FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (JUL 2016)

1.20 *FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

1.21 *FAR 52.209-6 PROTECTING THE GOVERNMENTS INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED

FOR DEBARMENT (OCT 2015)

1.22 FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (JUL 2013)

1.23 *FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS (NOV 2015)

1.24 *FAR 52.210-1 MARKET RESEARCH (APR 2011) For Contracts exceeding $5,500,000

1.25 FAR 52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR

2008)

1.26 FAR 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

1.27 *FAR 52.215-2 AUDIT AND RECORDS--NEGOTIATION (OCT 2010)

DOCUMENT 00 72 00 Page 1

1.28 RESERVED

1.29 *FAR 52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR

PRICING DATA-MODIFICATIONS (AUG 2011)

1.30 *FAR 52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING

DATA-MODIFICATIONS (OCT 2010)

1.31 *FAR 52.215 15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT

2010)

1.32 *FAR 52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY

(OCT 1997)

1.33 *FAR 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POST

RETIREMENT BENEFITS (PRB) OTHER THAN PENSIONS (JULY 2005)

1.34 *FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

1.35 *FAR 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA

OR INFORMATION OTHER THAN COST OR PRICING DATA-MODIFICATIONS (OCT

2010)

1.36 RESERVED

1.37 RESERVED

1.38 *FAR 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

1.39 *FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016)

1.40 RESERVED

1.41 *FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017)

1.42 RESERVED

1.43 RESERVED

1.44 RESERVED

1.45 *FAR 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB

1997)

1.46 *FAR 52.222-3 CONVICT LABOR (JUNE 2003)

1.47 *FAR 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-

OVERTIME COMPENSATION (MAY 2014)

1.48 *FAR 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS-SECONDARY SITE

OF THE WORK (MAY 2014)

1.49 *FAR 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)

1.50 *FAR 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

1.51 *FAR 52.222-8 PAYROLLS AND BASIC RECORDS (MAY 2014)

1.52 *FAR 52.222-9 APPRENTICES AND TRAINEES (JULY 2005)

1.53 *FAR 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB

1988)

1.54 *FAR 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

1.55 *FAR 52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)

1.56 *FAR 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE

REQUIREMENTS AND RELATED REGULATIONS (MAY 2014)

1.57 *FAR 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

1.58 *FAR 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

1.59 *FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

1.60 *FAR 52.222-26 EQUAL OPPORTUNITY (SEPT 2016)

1.61 *FAR 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR

CONSTRUCTION (APR 2015)

1.62 *FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

1.63 *FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (JUL 2014)

1.64 *FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

1.65 FAR 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (DEC 2010)

1.66 *FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

1.67 *FAR 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

1.68 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

1.69 *FAR 52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN

2017)

1.70 *FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

DOCUMENT 00 72 00 Page 2

SERVICE AND CONSTRUCTION CONTRACTS (SEPT 2013)

1.71 *FAR 52.223 3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL

SAFETY DATA (JAN 1997)

1.72 *FAR 52.223-5 POLLUTION PREVENTION AND RIGHT TO KNOW

INFORMATION (MAY 2011)

1.73 *FAR 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

1.74 FAR 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL

CONTENT FOR EPA-DESIGNATED PRODUCTS (MAY 2008)

1.75 *52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING

POTENTIAL HYDROFLUOROCARBONS (JUN 2016)

1.76 FAR 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS

IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)

1.77 FAR 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING (AUG 2011)

1.78 RESERVED

1.79 *FAR 52.225-11 BUY AMERICAN-CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS (OCT 2016)

1.80 *FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE

2008)

1.81 RESERVED

1.82 RESERVED

1.83 RESERVED

1.84 RESERVED

1.85 *FAR 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

1.86 *FAR 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFRINGEMENT (DEC 2007)

1.87 *FAR 52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC

2007)

1.88 *FAR 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

1.89 *FAR 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION

(JAN 1997)

1.90 *FAR 52.228-11 PLEDGES OF ASSETS (JAN 2012)

1.91 *FAR 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS

(MAY 2014)

1.92 FAR 52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

1.93 *FAR 52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION (OCT

2010)

1.94 FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

1.95 *FAR 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

(MAY 2014)

1.96 *FAR 52.232-17 INTEREST (MAY 2014)

1.97 *FAR 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

1.98 *FAR 52.232-27 PROMPT PAY FOR CONSTRUCTION CONTRACTS (JAN

2017)

1.99 *FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER -SYSTEM

FOR AWARD MANAGEMENT (JUL 2013)

1.100 FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN

2013)

1.101 FAR 52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

1.102 *FAR 52.233-1 DISPUTES (MAY 2014)

1.103 *FAR 52.233-3 PROTEST AFTER AWARD (AUG 1996)

1.104 FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT

2004)

1.105 FAR 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

1.106 *FAR 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING

THE WORK (APR 1984)

1.107 *FAR 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

1.108 *FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

DOCUMENT 00 72 00 Page 3

1.109 FAR 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

1.110 *FAR 52.236-8 OTHER CONTRACTS (APR 1984)

1.111 *FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

1.112 FAR 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

1.113 *FAR 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

1.114 *FAR 52.236-12 CLEANING UP (APR 1984)

1.115 *FAR 52.236-13 ACCIDENT PREVENTION-ALTERNATE I (NOV 1991)

1.116 *FAR 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR

1984)

1.117 FAR 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

1.118 *FAR 52.236-17 LAYOUT OF WORK (APR 1984)

1.119 FAR 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(FEB 1997) ALTERNATE I (APR 1984)

1.120 *FAR 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

1.121 *FAR 52.242-13 BANKRUPTCY (JUL 1995)

1.122 *FAR 52.242-14 SUSPENSION OF WORK (APR 1984)

1.123 FAR 52.243-4 CHANGES (JUNE 2007)

1.124 *FAR 52.244-2 SUBCONTRACTS (OCT 2010)

1.125 *FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2017)

1.126 *FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

1.127 *FAR 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

1.128 *FAR 52.248-3 VALUE ENGINEERING--CONSTRUCTION (OCT 2015)

1.129 *FAR 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(FIXED-PRICE) (APR 2012) ALTERNATE I (SEP 1996)

1.130 *FAR 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

1.131 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

1.132 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

1.133 DFARS 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC

1991)

1.134 DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF

FORMER DOD OFFICIALS (SEP 2011)

1.135 DFARS 252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD

OR OTHER DEFENSE-CONTRACT-RELATED FELONIES (DEC 2008)

1.136 DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (SEP 2013)

1.137 DFARS 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC

2012) -

1.138 DFARS 252.203-7004 DISPLAY OF FRAUD HOTLINE POSTER(S) (OCT 2016)

1.139 DFARS 252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)

1.140 DFARS 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK

PRODUCT (APR 1992)

1.141 DFARS 252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGMENT (FEB

2014)

1.142 DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND

CYBER INCIDENT REPORTING (OCT 2016)

1.143 DFARS 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED

OR CONTROLLED BY THE GOVERNMENT OF A COUNTRY THAT IS A STATE

SPONSOR OF TERRORISM (OCT 2015)

1.144 DFARS 252.215-7000 PRICING ADJUSTMENTS (DEC 2012)

1.145 RESERVED

1.146 RESERVED

1.147 RESERVED

1.148 RESERVED

1.149 RESERVED

1.150 RESERVED

1.151 DFARS 252.222-7006 RESTRICTIONS ON THE USE OF MANDATORY

ARBITRATION AGREEMENTS (DEC 2010)

1.152 DFARS 252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF

DOCUMENT 00 72 00 Page 4

TOXIC AND HAZARDOUS MATERIALS - BASIC (SEP 2014)

1.153 DFARS 252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)

1.154 DFARS 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS,

INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL

BUSINESS CONCERNS (SEP 2004)

1.155 DFARS 252.227-7033 RIGHTS IN SHOP DRAWINGS (APR 1966)

1.156 DFARS 252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)

1.157 DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

AND RECEIVING REPORTS (JUN 2012)

1.158 DFARS 252.232-7005 REIMBURSEMENT OF SUBCONTRACTOR ADVANCE

PAYMENTS--DOD PILOT MENTOR-PROTEGE PROGRAM (SEP 2001)

1.159 DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

1.160 DFARS 252.236-7000 MODIFICATION OF PROPOSALS - PRICE BREAKDOWN

(DEC 1991)

1.161 DFARS 252.242-7005 CONTRACTOR BUSINESS SYSTEMS (FEB 2012)

1.162 DFARS 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

1.163 DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC

2012)

1.164 DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA - BASIC

(APR 2014)

1.165 DFARS 252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES

BY SEA (MAR 2000)

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

-- End of Section Table of Contents --

DOCUMENT 00 72 00 Page 5

SECTION 00 72 00

GENERAL CONDITIONS (CONTRACT CLAUSES - RFP)

01/18

PART 1 GENERAL

1.1 *FAR 52.202-1 DEFINITIONS (NOV 2013)

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

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

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

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

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

(End of clause)

1.2 *FAR 52.203-3 GRATUITIES (APR 1984)

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

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

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

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

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

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

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

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

(End of clause)

1.3 *FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

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

DOCUMENT 00 72 00 Page 6 of the contingent fee.

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

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

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

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

(End of clause)

1.4 *FAR 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

(a) Definitions.

"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract. "Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

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

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

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

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

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

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

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

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

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

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

DOCUMENT 00 72 00 Page 7 contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

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

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

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

(4) The Contracting Officer may

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

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

(5) The Contractor agrees to incorporate the substance of this clause, including subparagraph (c)(5) but excepting subparagraph (c)(1), in all subcontracts under this contract which exceed $150,000.

(End of clause)

1.5 *FAR 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

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

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

(2) Rescind the contract with respect to which

(i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct constitutes a violation of subsection 27 (a) or (b) of the Act for the purpose of either

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

(B) Obtaining or giving…