Am_0001_SPECS.pdf

Am #0001 - 2 (Continuation SF 30)

3 MAY 2022

Solicitation No. W9128F22R0048

Date of Issue: 15 APR 2022 New Date of Receiving Proposals: 16 JUN 2022

SUBJECT: Amendment No. 0001 to Request for Proposal Solicitation Package for Construction of Consolidated Helo/TRF/OPS AMU & Alert Facility

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 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 by “[*Am- [1]]”(underlining of added text and/or strikeout of deleted text).

Pages or Sections Deleted Pages or Sections Substituted or Added

00 10 00-SF1442 00 10 00-SF1442*

00 72 00 00 72 00*

b. Drawings (Reissued). This amendment reissues the entire advertised drawings set in three volumes.

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 Proposal/Email. See section 00 22 00 for how to submit electronic proposals.

4. Electric Offers will be received until 2:00 p.m., local time at place of receiving proposals, 16 JUN 2022, as stated in the Request For Proposal.

Attachments:

Spec pages listed in 1.a. above Dwgs. listed in 1.b. above

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

3 MAY 2022

jmh/2181

00 10 00 - 1

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

W9128F-22-R-0048

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

13 APR 2022

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

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

See Item 7

9. FOR INFORMATION

CALL:

A. NAME

MAJ Shawn Adkins

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) Use Email: Shawn.A.Adkins@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:

CONSOLIDATED HELO/TRF/OPS AMU & ALERT FACILITY

PN QJVF153001

MINOT AFB, NORTH DAKOTA

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

OFFER ARE REQUIRED.

THIS SOLICITATION IS UNRESTRICTED AND IS OPEN TO BOTH LARGE AND SMALL BUSINESS PARTICIPATION.

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

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 1400 (hour) local time 16 JUN 202231 MAY 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 60 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)

00 10 00 - 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 60 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)

Helo/TRF/Maintenance Facility, Minot AFB, ND MIC1

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 72 01

GENERAL CONDITIONS (CONTRACT CLAUSES - RFP)

07/21

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 52.203-6) Restrictions on Subcontractor Sales to the

Government (Jun 2020)

1.5 *FAR 52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

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

FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

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

ACTIVITY (MAY 2014)

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

FEDERAL TRANSACTIONS (JUN 2020)

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

(JUN 2020)

1.10 *FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

1.11 *FAR 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

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

FIBER CONTENT PAPER (MAY 2011)

1.13 FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (JAN 2011)

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

SUBCONTRACT AWARDS (JUN 2020)

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

2018)

1.16 *FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (AUG 2020)

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

CERTIFICATIONS (DEC 2014)

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

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (JUL 2018).

1.19 *FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(AUG 2020)

1.20 *FAR 52.209-6 PROTECTING THE GOVERNMENTS INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED

FOR DEBARMENT (JUN 2020)

1.21 FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018)

1.22 *FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS (NOV 2015)

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

DOCUMENT 00 72 00 Page 1

1.24 (FAR 52.211-13) Time Extensions (Sept 2000)

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

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

1.27 (FAR 52.215-11) PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR

PRICING DATA— MODIFICATIONS (DEVIATION 2022-O0001) (OCT 2021)

1.28 (FAR 52.215-12) SUBCONTRACTOR CERTIFIED COST OR PRICING DATA

(DEVIATION 2022-O0001) (OCT 2021)

1.29 (FAR 52.215-13) SUBCONTRACTOR CERTIFIED COST OR PRICING

DATA—MODIFICATIONS (DEVIATION 2022-O0001) (OCT 2021)

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

2010)

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

(OCT 1997)

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

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

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

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

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

2020)

1.35 (FAR 52.217-7)OPTION FOR INCREASED QUANTITY-SEPARATELY PRICED

LINE ITEM (Mar 1989)

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

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

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

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

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

1999)

1.40 FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (NOV 2020)

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

1997)

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

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

OVERTIME COMPENSATION (MAY 2018)

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

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

1.46 *FAR 52.222-8 PAYROLLS AND BASIC RECORDS (JUL 2021)

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

1.48 *FAR 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS

(FEB 1988)

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

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

1.51 *FAR 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE

REQUIREMENTS AND RELATED REGULATIONS (MAY 2014)

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

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

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

2015)

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

1.56 *FAR 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS

FOR CONSTRUCTION (APR 2015)

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

1.58 *FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (JUN 2020)

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

1.60 FAR 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT (DEC 2010)

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

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

DOCUMENT 00 72 00 Page 2

1.63 FAR 52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER

EXECUTIVE ORDER 14026 (JAN 2022)

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

2022)

1.65 *FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS

UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEPT 2013)

1.66 *FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL

SAFETY DATA (FEB 2021)

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

INFORMATION (MAY 2011)

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

1.69 FAR 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL

CONTENT FOR EPA-DESIGNATED PRODUCTS (MAY 2008)

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

WARMING POTENTIAL HYDROFLUOROCARBONS (JUN 2016)

1.71 FAR 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED

ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (AUG 2018)

1.72 FAR 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING (JUN 2020)

1.73 (FAR 52.223-21) Foams (Jun 2016)

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

AGREEMENTS (DEVIATION 2020-O0019) (JUL 2020)

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

2021)

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

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

COPYRIGHT INFRINGEMENT (JUN 2020)

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

2007)

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

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

(JAN 1997)

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

1.82 *FAR 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS

(MAY 2014)

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

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

(JUN 2020)

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

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

(MAY 2014)

1.87 *FAR 52.232-17 INTEREST (MAY 2014)

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

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

2017)

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

FOR AWARD MANAGEMENT (OCT 2018)

1.91 FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN

2013)

1.92 FAR 52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

1.93 *FAR 52.233-1 DISPUTES (MAY 2014)

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

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

2004)

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

1.97 *FAR 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING

THE WORK (APR 1984)

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

DOCUMENT 00 72 00 Page 3

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

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

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

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

EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

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

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

1984)

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

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

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

1984)

1.108 FAR 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR

1984)

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

1.110 FAR 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(FEB 1997) ALTERNATE I (APR 1984)

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

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

2017)

1.113 *FAR 52.242-13 BANKRUPTCY (JUL 1995)

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

1.115 FAR 52.243-4 CHANGES (JUNE 2007)

1.116 *FAR 52.244-2 SUBCONTRACTS (JUN 2020)

1.117 *FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2022)

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

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

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

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

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

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

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

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

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

1.125.1 (FAR 52.252-4) Alterations in Contract (Apr 1984)

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

1.126.1 (FAR 52.253-1) Computer Generated Forms (Jan 1991)

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

1991)

1.128 DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF

FORMER DOD OFFICIALS (SEP 2011)

1.129 DFARS 252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD

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

1.130 DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (SEP 2013)

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

2019)

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

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

1.134 DFARS 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK

PRODUCT (APR 1992)

1.135 DFARS 252.204-7004 LEVEL I ANTITERRORISM AWARENESS TRAINING FOR

CONTRACTORS (FEB 2019)

1.136 DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND

CYBER INCIDENT REPORTING (DEC 2019)

1.137 *DFARS 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF

INFORMATION FOR LITIGATION SUPPORT (MAY 2016)

1.138 DFARS 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED

DOCUMENT 00 72 00 Page 4

DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES (DEC 2019)

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

(NOV 2020)

1.140 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)

1.141 (DFARS 252.205-7000) PROVISION OF INFORMATION TO COOPERATIVE

AGREEMENT HOLDERS (DEC 1991)

1.142 DFARS 252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY

(AUG 2012)

1.143 DFARS 252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD

CONTRACTS) - BASIC (MAY 2019)

1.144 DFARS 252.222-7006 RESTRICTIONS ON THE USE OF MANDATORY

ARBITRATION AGREEMENTS (DEC 2010)

1.145 DFARS 252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF

TOXIC AND HAZARDOUS MATERIALS - BASIC (SEP 2014)

1.146 DFARS 252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN

2013)

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

1.148 DFARS 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS,

INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL

BUSINESS CONCERNS (APR 2019)

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

1.150 (DFARS 252.232-7003) ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

AND RECEIVING REPORTS (DEC 2018)

1.151 DFARS 252.232-7005 REIMBURSEMENT OF SUBCONTRACTOR ADVANCE

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

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

1.153 (DFARS 252.232-7017) ACCELERATING PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS—PROHIBITION ON FEES AND CONSIDERATION (APR 2020)

1.154 DFARS 252.236-7000 MODIFICATION OF PROPOSALS - PRICE BREAKDOWN

(DEC 1991)

1.155 (DFARS 252.236-7005) AIRFIELD SAFETY PRECAUTIONS (DEC 1991)

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

1.157 DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC

2012)

1.157.1 (DFARS 252.243-7999) SECTION 3610 REIMBURSEMENT (DEVIATION

2020-O0021) (AUG 2020)

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

2013)

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

GOVERNMENT-FURNISHED PROPERTY (APR 2012)

1.160 DFARS 252.245-7002 REPORTING LOSS OF GOVERNMENT PROPERTY

(DEVIATION 2020-O0004) (FEB 2020)

1.161 DFARS 252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM

ADMINISTRATION (APR 2012)

1.162 DFARS 252.245-7004 REPORTING, REUTILIZATION, AND DISPOSAL

(DEC 2017)

1.163 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 5

SECTION 00 72 01

GENERAL CONDITIONS (CONTRACT CLAUSES - RFP)

07/21

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 6 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 52.203-6) Restrictions on Subcontractor Sales to the Government (Jun 2020)

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award.

(End of clause)

1.5 *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

DOCUMENT 00 72 00 Page 7 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 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)

DOCUMENT 00 72 00 Page 8

1.6 *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.

(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)

1.7 *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

DOCUMENT 00 72 00 Page 9 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)

1.8 *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.

DOCUMENT 00 72 00 Page 10

(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 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

DOCUMENT 00 72 00 Page 11 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 include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

(1) Agency and legislative liaison by Contractor employees.

(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time.

(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern-

(A) The qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities; or

(B) The application or adaptation of the person's products or services for an agency's use.

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub. L. 95-507, and subsequent amendments.

(2) Professional and technical services. (i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(iii) As used in paragraph (c)(2) of this clause, DOCUMENT 00 72 00 Page 12

"professional and technical services" are limited to advice and analysis directly applying any professional or technical discipline (for examples, see FAR 3.803(a)(2)(iii)).

(iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are permitted.

(d) Disclosure. (1) If the Contractor did not submit OMB Standard Form LLL, Disclosure of Lobbying Activities, with its offer, but registrants under the Lobbying Disclosure Act of 1995 have subsequently made a lobbying contact on behalf of the Contractor with respect to this contract, the Contractor shall complete and submit OMB Standard Form LLL to provide the name of the lobbying registrants, including the individuals performing the services.

(2) If the Contractor did submit OMB Standard Form LLL disclosure pursuant to paragraph (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and a change occurs that affects Block 10 of the OMB Standard Form LLL (name and address of lobbying registrant or individuals performing services), the Contractor shall, at the end of the calendar quarter in which the change occurs, submit to the Contracting Officer within 30 days an updated disclosure using OMB Standard Form LLL.

(e) Penalties. (1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or who fails to file or amend the disclosure to be filed or amended by paragraph (d) of this clause shall be subject to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form.

(f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable.

Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

(g) Subcontracts. (1) The Contractor shall obtain a declaration, including the certification and disclosure in paragraphs (c) and (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, from each person requesting or receiving a subcontract that exceeds the threshold specified in FAR 3.808 on the date of subcontract award. The Contractor or subcontractor that awards the subcontract shall retain the declaration.

(2) A copy of each subcontractor disclosure form (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall, at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor, submit to the Contracting Officer within 30 days a copy of all disclosures. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.

(3) The Contractor shall include the substance of this clause, including this paragraph (g), in any subcontract that exceeds the threshold specified in FAR 3.808 on the date of subcontract award.

DOCUMENT 00 72 00 Page 13

1.9 *FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN

2020)

(a) Definitions. As used in this clause-

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

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

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

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

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

(3) Does not restrict a Contractor from-

(i) Conducting an internal investigation; or

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

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

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

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

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

(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall-

(i) Have a written code of business ethics and conduct;

and

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall-

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed-

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or

DOCUMENT 00 72 00 Page 14

(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked "confidential" or "proprietary" by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.

(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101.