Am-0007_W9128F21R0080.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

W9128F

B-21: ADAL FLIGHT SIMULATOR FACILITY, PN FXBM1093407, FY22, ELLSWORTH AFB, SOUTH DAKOTA

See attached documentation for content of the amendment revisions to solicitation

Date for receipt of Volume II proposals is 10 JAN 2022 at 1600 hours CST

Government Point of Contact: Michele Renkema, Contract Specialist, Michele.A.Renkema@usace.army.mil

U.S.ARMY CORPS OF ENGINEERS, OMAHA

Contracting Division (CENWO-CT) 1616 Capitol Ave Omaha, Nebraska 68102-4901

See Item 6

W9128F21R0080

12/21/2021

09/14/2021

12/21/2021

Am #0007 - 1

Am #0007 - 2 (Continuation SF 30)

21 DEC 2021

Solicitation No. W9128F 21 R 0080

Date of Issue: 14 SEP 2021 New Date of Receiving Volume II Proposal: 10 JAN 2022

SUBJECT: Amendment No. 0007 to Request for Proposal Solicitation Package for Construction of B-21: ADAL FLIGHT SIMULATOR FACILITY, PN FXBM1093407.

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. (Descriptive Changes.)

(1) Standard Form 1442 (SF1442), Page 00 10 00-1, item 13.A., delete the time and date for proposal receipt and substitute “1600” and “10 JAN 2022”.

(2) Section 00 21 00, Page 23, paragraph 1.28.1 “BIDDER INQUIRY”, delete the first sentence “Technical inquiries and...receipt of offers.” and substitute the following:

“Technical inquiries and questions relating to technical requirements, proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at: https://www.projnet.org/projnet/ No Later Than COB on 28 DEC 2021, in order that they may be given consideration or actions taken prior to receipt of offers.”

b. Specifications (New and/or Revised and Reissued). Delete and substitute or add specification pages or sections as noted below. The substituted pages or sections are revised and reissued with this amendment. For convenience, on the revised specification pages, changes have been identified with highlighting, all portions of the revised specification pages apply regardless of whether changes are shown with highlighting.

Pages or Sections Deleted Pages or Sections Substituted or Added 00 72 00 00 72 00 (deleted 252.223-7999) ** 03 35 00 (added section) 08 34 46 08 34 46 08 81 00 08 81 00 08 91 00 08 91 00 09 22 00 09 22 00 09 69 13 09 69 13 14 24 23 14 24 23

c. Drawings (Reissued). The following drawings are revised with latest revision date as shown in the drawing border and reissued with this amendment.

VOLUME I OF II:

(1) Sheet VF100, OVERALL EXISTING CONDITIONS PLAN

(2) Sheet VF102, EXISTING CONDITIONS PLAN

(3) Sheet CD100, OVERALL DEMOLITION PLAN

Am #0007 - 3

(4) Sheet CD102, DEMOLITION PLAN

(5) Sheet CG100, OVERALL GRADING AND DRAINAGE PLAN

(6) Sheet CG102, GRADING AND DRAINAGE PLAN

(7) Sheet CE100, OVERALL EROSION CONTROL PLAN

(8) Sheet CE102, EROSION CONTROL PLAN

(9) Sheet CU100, OVERALL UTILITY PLAN

(10) Sheet CU102, UTILITY PLAN

(11) Sheet ED102, DEMOLITION SITE PLAN 2

(12) Sheet ES101, ELECTRICAL SITE PLAN 1

(13) Sheet ES102, ELECTRICAL SITE PLAN 2

(14) Sheet AE114, FIRST FLOOR SECURITY PLAN – OVERALL

(15) Sheet AE118, FIRST FLOOR SECURITY PLAN - AREA C

(16) Sheet AE119, SECOND FLOOR SECURITY PLAN - AREA C

(17) Sheet AE601, FIRST FLOOR DOOR SCHEDULE

VOLUME II OF II:

(18) Sheet EP601, ELECTRICAL POWER ONE-LINE

(19) Sheet T-103, TELECOMMUNICATIONS FIRST FLOOR PLAN - AREA C

(20) Sheet T-401, TELECOMMUNICATIONS ENLARGED PLANS

(21) Sheet T-604, TELECOMMUNICATIONS RISER DIAGRAM ROOM 117

2. This amendment is a part of the proposing papers and its receipt shall be acknowledged. All other conditions and requirements of the request for proposal remain unchanged.

3. Electronic Proposals. Provide proposals via the instructions provided in Section 00 22 00 of the Request for Proposal.

4. Offers will be received until 4:00 p.m. CST on 10 JAN 2022.

5. Please note the following clarifications regarding bidder inquiry responses:

a. Bidder inquiry 9508609 response indicates that a forthcoming amendment would further address the question regarding use of engineered structural fill around column footing pads. Further review of the RFP documents indicates that details showing earthwork excavation adequately address the requirement. While the remainder of the Government Response to inquiry 9508609 remains accurate and applicable, no further clarification will be issued by amendment.

b. Previously provided response to bidder inquiry 9497979 is incorrect. The Government was able to collect additional information since providing the original response. The contents of this amendment provide direction to lower the cathodic protection impressed current line and associated leads. See amended drawings.

Am #0007 - 4

Attachments:

Section 00 10 00 – SF1442 and CLIN Pricing Schedule Specifications listed in 1.b., above Drawings listed in 1.c., above

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

21 DEC 2021

nep/2160

Am #0007 00 10 00(SF1442) - Page 1

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

W9128F-21-R-0080

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

14 SEP 2021

PAGES OF PAGES

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

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE CT 8. ADDRESS OFFER TO

U.S. ARMY CORPS OF ENGINEERS, OMAHA

Attn: CONTRACTING DIVISION (CENWO-CT-M) 1616 Capitol Avenue Omaha, NE 68102-4901

See Block 7

9. FOR INFORMATION

CALL:

A. NAME

Michele Renkema

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) Use Email: Michele.A.Renkema@usace.army.mil

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

The offeror hereby agrees to do all work described in the documents entitled:

B-21: ADAL FLIGHT SIMULATOR FACILITY, PN FXBM1093407, FY22

ELLSWORTH AFB, SOUTH DAKOTA

RETURN WITH OFFER: INFORMATION REQUIRED BY SECTION 00 10 00 (SF1442), SECTION 00 22 00, AND SECTION 00 45 00.

*BLOCK 13A. – REFER TO SECTION 00 22 00 FOR THE NUMBER OF COPIES TO BE SUBMITTED WITH THE ORIGINAL OFFER.

THIS SOLICITATION IS UNRESTRICTED.

This procurement will be through a bifurcated request for proposal (RFP) best-value tradeoff

11. The Contractor shall begin performance within 10 calendar days and complete it within 730 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable.

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 1600 (hour) local time 10 JAN 2022. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers 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 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 120 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

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

Prescribed by GSA FAR(48 CFR) 53.236-1(d)

Am #0007 00 10 00(SF1442) - Page 2

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

DUNS Number:

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within 120 calendar days after the date extension confirmation is due.

AMOUNTS

SEE ATTACHED CLIN PRICING SCHEDULE

Contractor’s Fax No. CAGE CODE Contractor’s E-Mail address

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

U.S. Army Engineer District, Omaha 1616 Capitol Ave.

Omaha, Nebraska 68102-4901

USAED Omaha c/o USACE Finance Center 5722 Integrity Drive Millington, TN 38054-5005

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (contractor is required to sign this document and return _______ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award,

(b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation, is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

STANDARD FORM 1442 BACK (REV. 4-85)

CLIN SCHEDULE 00 10 00 – 3 W9128F21R0080

CONTRACT LINE ITEM (CLIN) PRICING SCHEDULE

ITEM

NO.

DESCRIPTION EST

QTY

UNIT UNIT

PRICE

AMOUNT

BASIC ITEMS

0001 Entire work complete for Construction of the B-21 ADAL Flight Simulator Facility, complete to the five-foot line, excluding items separately listed below. Scope includes construction of the design and associated systems described above and throughout this RFP.

1 Job XXX $_____________________

0002 Entire work complete for Construction of Sitework, Utilities, and Pavements from five-foot line to the limits of construction of B-21 ADAL Flight Simulator Facility, including all required demolition, excluding items listed separately below.

(MILCON)

1 Job XXX $_____________________

0003 Entire work complete for Cybersecurity documentation and alterations to commercial equipment, devices, firmware, and software to satisfy cybersecurity requirements as described in this RFP, excluding Cybersecurity items separately listed below. (MILCON)

1 Job XXX $_____________________

TOTAL BASIC AMOUNT $_____________________________

OPTION ITEMS

[Option]

Entire work complete for Construction of the new parking lot across Ep Howe Street from the Simulator Facility as indicated in the RFP. (MILCON)

1 Job XXX $_____________________

[Option]

Entire work complete for Procurement and Installation of raised-access flooring in the facility server room(s). (O&M)

1 Job XXX $______________________

[Option]

Entire work complete for Procurement and Installation of FF&E. (O&M)

1 Job XXX $______________________

Am #0007

CLIN SCHEDULE 00 10 00 – 4 W9128F21R0080

[Option]

Entire work complete for Procurement, Installation, Commissioning, and Cybersecurity for user-funded contractor installed equipment. (O&M)

Job

XXX

Entire work complete for Procurement, Cybersecurity of Intrusion Detection System (IDS), Closed-Circuit Television (CCTV) system and Access Control System (ACS). (O&M)

Entire work complete for Procurement

Cybersecurity of audio-visual (A/V) system equipment and devices. (O&M)

Entire work complete to provide access control and secure area oversight as defined in 01 14 00 Work Restrictions and associated references. (O&M)

Entire work complete for temporary Government trailer facilities during construction as indicated in this Contract.

(MILCON or O&M)

Entire work complete for additional removal and disposal of contaminated soils (Category 3 soils as defined in Specification 02 61 13) not previously identified in the project hazardous material survey documentation and not otherwise included in the basic amount. (MILCON)

CY

Entire work complete for removal and disposal of additional asbestos containing material (ACM) piping not previously identified in the project hazardous material survey documentation, and not otherwise included in the basic amount. (MILCON)

LF

TOTAL AMOUNT (BASIC PLUS OPTIONS) $_________________________________

NOTES:

1. See SECTION 00 21 00, INSTRUCTIONS TO OFFERORS for evaluation of options. The Government reserves the right to exercise Option Items 0005-0009 within 600 days of Notice to Proceed and Option Items 0004 and 0010-0013 within 365 days of Notice to Proceed. Abbreviations: Operations and Maintenance (O&M), Military Construction (MILCON)

CLIN SCHEDULE 00 10 00 – 5 W9128F21R0080

2. Prices must be entered for all items of the schedule. Total amounts submitted without prices being entered on individual items will be rejected. Additions will be subject to verification by the Government. In case of variation between the lump-sum prices and the total amount, the lump-sum prices will be considered the price submitted.

3. A modification to a proposal which provides for a single adjustment to the total amount submitted, should state the application of the adjustment to each respective lump-sum price affected. If the modification is not so apportioned, the single adjustment will be applied to Item No. 0001.

4. Contract duration is 730 calendar days for award basic and option items. No contract duration extension will be provided upon award of any combination of option items.

5. Quantities for unit priced items are estimated only and the respective unit price will prevail in the event of an overrun or underrun subject to General Conditions (Contract Clauses) Clause FAR 52.211-18 “Variation in Estimated Quantities”.

CLIN SCHEDULE 00 10 00 – 6 W9128F21R0080

SUPPLEMENTAL PRICE BREAKDOWN OF PRICING SCHEDULE TEMPLATE

TOTAL WITH MARKUPS AMOUNT TO EQUAL TOTAL BASIC AMOUNT

AS INDICATED ON PAGE 3 AND 4 OF THIS SECTION 00 10 00

DIVISION MASTERFORMAT 2016 DESCRIPTION UNIT AMOUNT

01 GENERAL REQUIREMENTS (minus item 0101) LS $_______________

0101 01 33 29 Sustainability Documentation LS $_______________

02 EXISTING CONDITIONS LS $_______________

03 CONCRETE LS $_______________

04 MASONRY LS $_______________

05 METALS LS $_______________

06 WOOD, PLASTICS, AND COMPOSITES LS $_______________

07 THERMAL AND MOISTURE PROTECTION LS $______________

08 OPENINGS LS $_______________

09 FINISHES LS $_______________

10 SPECIALTIES LS $______________

11 EQUIPMENT LS $_______________

12 FURNISHINGS LS $_______________

13 SPECIAL CONSTRUCTION LS $_______________

14 CONVEYING EQUIPMENT LS $_______________

21 FIRE SUPPRESSION LS $_______________

22 PLUMBING LS $______________

23 HEATING, VENTILATING, AND AIR CONDITIONING LS $_______________

25 INTEGRATED AUTOMATION LS $_______________

26 ELECTRICAL LS $_______________

27 COMMUNICATIONS LS $_______________

28 ELECTRONIC SAFETY AND SECURITY LS $_______________

31 EARTHWORK LS $_______________

32 EXTERIOR IMPROVEMENTS LS $_______________

33 UTILITIES LS $_______________

34 TRANSPORTATION LS $_______________

41 MATERIAL PROCESSING AND HANDLING EQUIPMENT LS $_______________

Total Price Breakdown Amount

Prime Contractor Markups:

--G&A General and Administrative Expense $ ______________ --FOOH Field Office Overhead not defined by Division -01 $ ______________ --PROFIT Profit $ ______________ --P&PB Performance and Payment Bond $ ______________

TOTAL WITH MARKUPS

All items must be entered in dollars.

“TOTAL WITH MARKUPS” from this Price Breakdown must match the “TOTAL BASIC

AMOUNT”.

B-21-ADAL Flight Simulator Facility , Ellsworth AFB, SD EL95

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 72 00

GENERAL CONDITIONS (CONTRACT CLAUSES - RFP)

04/21

PART 1 GENERAL

1.1 *FAR 52.202-1 DEFINITIONS (JUN 2020)

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 (JUN 2020)

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 (JUN 2020)

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

(JUN 2020)

1.9 *FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

1.10 *FAR 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

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

FIBER CONTENT PAPER (MAY 2011)

1.12 FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (JAN 2011)

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

SUBCONTRACT AWARDS (JUN 2020)

1.14 *FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT

2018)

1.15 *FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (AUG 2020)

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

CERTIFICATIONS (DEC 2014)

1.17 *FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (JUL 2018).

1.18 *FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(AUG 2020)

1.19 *FAR 52.209-6 PROTECTING THE GOVERNMENTS INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED

FOR DEBARMENT (JUN 2020)

1.20 FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018)

1.21 *FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS (NOV 2015)

1.22 *FAR 52.210-1 MARKET RESEARCH (JUN 2020)

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

1.24 *FAR 52.215-2 AUDIT AND RECORDS--NEGOTIATION (JUN 2020)

DOCUMENT 00 72 00 Page 1Am #0007

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

PRICING DATA-MODIFICATIONS (JUN 2020)

1.26 *FAR 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA

(JUN 2020)

1.27 *FAR 52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING

DATA-MODIFICATIONS (JUN 2020)

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

2010)

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

(OCT 1997)

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

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

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

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

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

2020)

1.33 *FAR 52.217-7 OPTION FOR INCREASED QUANTITY-SEPARATELY PRICED

LINE ITEM (MAR 1989)

1.34 *FAR 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR

HUBZONE SMALL BUSINESS CONCERNS (MAR 2020) (DEVIATION 2020-O0008)

1.35 *FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

1.36 *FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JUN 2020)

1.37 *FAR 52.219-16 LIQUIDATED DAMAGES-SUBCONTRACTING PLAN (JAN

1999)

1.38 FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (NOV 2020)

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

1997)

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

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

OVERTIME COMPENSATION (MAY 2018)

1.42 *FAR 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS-SECONDARY

SITE OF THE WORK (MAY 2014)

1.43 *FAR 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

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

1.45 *FAR 52.222-8 PAYROLLS AND BASIC RECORDS (AUG 2018)

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

1.47 *FAR 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS

(FEB 1988)

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

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

1.50 *FAR 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE

REQUIREMENTS AND RELATED REGULATIONS (MAY 2014)

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

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

1.53 *FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR

2015)

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

1.55 *FAR 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS

FOR CONSTRUCTION (APR 2015)

1.56 *FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

1.57 *FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (JUN 2020)

1.58 *FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020)

1.59 FAR 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT (DEC 2010)

1.60 *FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020)

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

1.62 FAR 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (NOV

DOCUMENT 00 72 00 Page 2Am #0007

2020)

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

2017)

1.64 *FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS

UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEPT 2013)

1.65 *FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL

SAFETY DATA (FEB 2021)

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

INFORMATION (MAY 2011)

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

1.68 FAR 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL

CONTENT FOR EPA-DESIGNATED PRODUCTS (MAY 2008)

1.69 *FAR 52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL

WARMING POTENTIAL HYDROFLUOROCARBONS (JUN 2016)

1.70 FAR 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED

ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (AUG 2018)

1.71 FAR 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING (JUN 2020)

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

AGREEMENTS (DEVIATION 2020-O0019) (JUL 2020)

1.73 *FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB

2021)

1.74 *FAR 52.227-1 AUTHORIZATION AND CONSENT (JUN 2020)

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

COPYRIGHT INFRINGEMENT (JUN 2020)

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

2007)

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

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

(JAN 1997)

1.79 *FAR 52.228-11 PLEDGES OF ASSETS (AUG 2018)

1.80 *FAR 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS

(MAY 2014)

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

1.82 *FAR 52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION

(JUN 2020)

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

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

(MAY 2014)

1.85 *FAR 52.232-17 INTEREST (MAY 2014)

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

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

2017)

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

FOR AWARD MANAGEMENT (OCT 2018)

1.89 FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN

2013)

1.90 FAR 52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

1.91 *FAR 52.233-1 DISPUTES (MAY 2014)

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

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

2004)

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

1.95 *FAR 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING

THE WORK (APR 1984)

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

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

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

DOCUMENT 00 72 00 Page 3Am #0007

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

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

EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

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

1.102 *FAR 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR

1984)

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

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

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

1984)

1.106 FAR 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR

1984)

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

1.108 FAR 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(FEB 1997) ALTERNATE I (APR 1984)

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

1.110 *FAR 52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN

2017)

1.111 *FAR 52.242-13 BANKRUPTCY (JUL 1995)

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

1.113 FAR 52.243-4 CHANGES (JUNE 2007)

1.114 *FAR 52.244-2 SUBCONTRACTS (JUN 2020)

1.115 *FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2020)

1.116 *FAR 52.245-1 GOVERNMENT PROPERTY (JAN 2017) ALT. I (APR 2012)

1.117 *FAR 52.245-9 USE AND CHARGES (AUG 2012)

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

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

1.120 *FAR 52.248-3 VALUE ENGINEERING--CONSTRUCTION (OCT 2020)

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

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

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

1.123 FAR 52.251-1 GOVERNMENT SUPPLY SOURCES (APR 2012)

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

1.125 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

1991)

1.127 DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF

FORMER DOD OFFICIALS (SEP 2011)

1.128 DFARS 252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD

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

1.129 DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (SEP 2013)

1.130 DFARS 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG

2019)

1.131 DFARS 252.203-7004 DISPLAY OF FRAUD HOTLINE POSTER(S) (AUG 2019)

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

1.133 DFARS 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK

PRODUCT (APR 1992)

1.134 DFARS 252.204-7004 LEVEL I ANTITERRORISM AWARENESS TRAINING FOR

CONTRACTORS (FEB 2019)

1.135 DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND

CYBER INCIDENT REPORTING (DEC 2019)

1.136 *DFARS 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF

INFORMATION FOR LITIGATION SUPPORT (MAY 2016)

1.137 DFARS 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED

DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES (DEC 2019)

1.138 DFARS 252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS

(NOV 2020)

1.139 DFARS 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED

DOCUMENT 00 72 00 Page 4Am #0007

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

SPONSOR OF TERRORISM (OCT 2015)

1.140 DFARS 252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY

(AUG 2012)

1.141 DFARS 252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD

CONTRACTS) - BASIC (MAY 2019)

1.142 DFARS 252.219-7004 SMALL BUSINESS SUBCONTRACTING PLAN (TEST

PROGRAM) (MAY 2019)

1.143 DFARS 252.222-7006 RESTRICTIONS ON THE USE OF MANDATORY

ARBITRATION AGREEMENTS (DEC 2010)

1.144 DFARS 252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF

TOXIC AND HAZARDOUS MATERIALS - BASIC (SEP 2014)

1.145 DFARS 252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN

2013)

1.146 *DFARS 252.225-7048 EXPORT CONTROLLED ITEMS (JUNE 2013)

1.147 DFARS 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS,

INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL

BUSINESS CONCERNS (APR 2019)

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

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

1.150 DFARS 252.232-7005 REIMBURSEMENT OF SUBCONTRACTOR ADVANCE

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

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

1.152 DFARS 252.236-7000 MODIFICATION OF PROPOSALS - PRICE BREAKDOWN

(DEC 1991)

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

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

1.155 DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC

2012)

1.156 *DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN

2013)

1.157 DFARS 252.245-7001 TAGGING, LABELING, AND MARKING OF

GOVERNMENT-FURNISHED PROPERTY (APR 2012)

1.158 DFARS 252.245-7002 REPORTING LOSS OF GOVERNMENT PROPERTY

(DEVIATION 2020-O0004) (FEB 2020)

1.159 DFARS 252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM

ADMINISTRATION (APR 2012)

1.160 DFARS 252.245-7004 REPORTING, REUTILIZATION, AND DISPOSAL

(DEC 2017)

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

(FEB 2019)

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

-- End of Section Table of Contents --

DOCUMENT 00 72 00 Page 5Am #0007

SECTION 00 72 00

GENERAL CONDITIONS (CONTRACT CLAUSES - RFP)

04/21

PART 1 GENERAL

1.1 *FAR 52.202-1 DEFINITIONS (JUN 2020)

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; or

e) The word or term defines an acquisition-related threshold, and if the threshold is adjusted for inflation as set forth in FAR 1.109(a), then the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment; see FAR 1.109(d).

(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

DOCUMENT 00 72 00 Page 6Am #0007 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 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 (JUN 2020)

(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--

DOCUMENT 00 72 00 Page 7Am #0007

(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 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 this paragraph (c)(5) but excepting paragraph (c)(1) of this clause, in all subcontracts under this contract that exceed the threshold specified in Federal Acquisition Regulation 3.502-2(i) on the date of subcontract award.

(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 anyone a competitive advantage in the award of a Federal agency procurement contract; or

(ii) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct violates 41 U.S.C.

2102 for the purpose of either--

(b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract.

DOCUMENT 00 72 00 Page 8Am #0007

(c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law, regulation, or under this contract.

(End of Provision)

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

ACTIVITY (MAY 2014)

(a) The Government, at its election, may reduce the price of a fixed-price type contract and the total cost and fee under a cost-type contract by the amount of profit or fee determined as set forth in paragraph (b) of this clause if the head of the contracting activity or designee determines that there was a violation of 41 U.S.C. 2102 or 2103, as implemented in section 3.104 of the Federal Acquisition Regulation.

(b) The price or fee reduction referred to in paragraph (a) of this clause shall be--

(1) For cost-plus-fixed-fee contracts, the amount of the fee specified in the contract at the time of award;

(2) For cost-plus-incentive-fee contracts, the target fee specified in the contract at the time of award, notwithstanding any minimum fee or "fee floor" specified in the contract;

(3) For cost-plus-award-fee contracts--

(i) The base fee established in the contract at the time of contract award;

(ii) If no base fee is specified in the contract, 30 percent of the amount of each award fee otherwise payable to the Contractor for each award fee evaluation period or at each award fee determination point.

(4) For fixed-price-incentive contracts, the Government may--

(i) Reduce the contract target price and contract target profit both by an amount equal to the initial target profit specified in the contract at the time of contract award; or

(ii) If an immediate adjustment to the contract target price and contract target profit would have a significant adverse impact on the incentive price revision relationship under the contract, or adversely affect the contract financing provisions, the Contracting Officer may defer such adjustment until establishment of the total final price of the contract. The total final price established in accordance with the incentive price revision provisions of the contract shall be reduced by an amount equal to the initial target profit specified in the contract at the time of contract award and such reduced price shall be the total final contract price.

(5) For firm-fixed-price contracts, by 10 percent of the initial contract price or a profit amount determined by the Contracting Officer from records or documents in existence prior to the date of the contract award.

(c) The Government may, at its election, reduce a prime contractor's price or fee in accordance with the procedures of paragraph

(b) of this clause for violations of the statute by its subcontractors by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was first definitively priced.

(d) In addition to the remedies in paragraphs (a) and (c) of this clause, the Government may terminate this contract for default. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

DOCUMENT 00 72 00 Page 9Am #0007

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

TRANSACTIONS (JUN 2020)

(a) Definitions. As used in this clause-

"Agency" means "executive agency" as defined in Federal Acquisition Regulation (FAR) 2.101.

"Covered Federal action" means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

"Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

"Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

"Local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

"Officer or employee of an agency" includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

"Person" means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

"Reasonable compensation" means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not

DOCUMENT 00 72 00 Page 10Am #0007 furnished to, not funded by, or not furnished in cooperation with the Federal Government.

"Reasonable payment" means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

"Recipient" includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

"Regularly employed" means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

"State" means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In accordance with 31 U.S.C. 1352 the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not…