B.08.03 W912EP21B0003 KB Sub Base FY21, Amendment 0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

1. See SF30 Continuation Sheet for Amendment Details.

2. The Bid Due Date Remains Unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 164

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

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912EP21B0003

X 9B. DATED (SEE ITEM 11)

24-Nov-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

04-Dec-2020

CODE

USA ENGINEER DISTRICT, JACKSONVILLE

CONTRACTING DIVISION

701 SAN MARCO BLVD

JACKSONVILLE FL 32207-8175

W912EP 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SF 30 CONTINUATION SHEET

Naval Submarine Base Kings Bay, Maintenance Dredging, 44, 45, and 47-Foot Project, Camden County, Georgia

W912EP21B0003 2 Amendment 0001

SUMMARY OF CHANGES

1. SPECIFICATIONS:

Text changes are in underline green lettering only and deleted text is simply removed to maintain neatness in the Line Items and Pricing Schedule. For other sections, text changes have been updated with additions noted by underlined text (green in PDF) and deletions noted by line/cross-outs (red in PDF). These text changes pertain only to changes made by this amendment.

DELETE Standard Form 1442 and REPLACE with the attached Standard Form 1442.

DELETE Section 00010A and REPLACE with the attached revised Section 00010A.

DELETE Section 00700 and REPLACE with the attached revised Section 00700.

2. DRAWINGS:

DELETE Sheet ID G-02 and REPLACE with the attached revised Sheet ID G-02.

DELETE Sheet ID G-03 and REPLACE with the attached revised Sheet ID G-03.

DELETE Sheet ID C-01 and REPLACE with the attached revised Sheet ID C-01.

DELETE Sheet ID C-02 and REPLACE with the attached revised Sheet ID C-02.

DELETE Sheet ID C-03 and REPLACE with the attached revised Sheet ID C-03.

DELETE Sheet ID C-04 and REPLACE with the attached revised Sheet ID C-04.

DELETE Sheet ID C-05 and REPLACE with the attached revised Sheet ID C-05.

DELETE Sheet ID C-06 and REPLACE with the attached revised Sheet ID C-06.

DELETE Sheet ID C-07 and REPLACE with the attached revised Sheet ID C-07.

DELETE Sheet ID C-08 and REPLACE with the attached revised Sheet ID C-08.

DELETE Sheet ID C-09 and REPLACE with the attached revised Sheet ID C-09.

DELETE Sheet ID C-10 and REPLACE with the attached revised Sheet ID C-10.

(End of Summary of Changes)

NAVAL SUBMARINE BASE KINGS BAY, MAINTENANCE DREDGING 44, 45, AND 47-FOOT PROJECT, CAMDEN COUNTY, GEORGIA

DESCRIPTION OF WORK: REFER TO SECTION 01 11 00 FOR COMPLETE PROJECT DESCRIPTION

DRAWINGS: SEE DFARS CLAUSE 252.236-7001, SECTION 00700.

MAGNITUDE OF CONSTRUCTION IS BETWEEN $10,000,000 and $25,000,0000.

THIS SOLICITATION IS RESTRICTED AND SET-ASIDE FOR TOTAL SMALL BUSINESS. THE NAICS CODE FOR THIS PROJECT I S 237990

AND THE SMALL BUSINES SIZE STANDARD IS $30.0 MILLION.

IN ACCORDANCE WITH (IAW) FAR CLAUSE 52.236-27, AN ORGANIZED SITE VISIT HAS BEEN SCHEDULED. SEE FAR 52.236-27, ALT I IN

SECTION 00100 FOR DETAILS.

YOU MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) TO RECEIVE AN AWARD FROM THIS SOLICITATION.

THE SAM WEBSITE IS LOACTED AT www.sam.gov.

**SEE BLOCK 11 - SEE SECTION 00700, FAR CLAUSE 52.211-10 FOR PERIOD OF PERFORMANCE.

**SEE ELECTRONIC BIDS IN SECTION 00800

BID OPENING WILL BE HELD VIRTUALLY VIA WEBEX. UTILIZE THE LINK AND CALL-IN INFORMATION PROVIDED BELOW:

https://usace1.w ebex.com/meet/tedra.n.thompson Audio Teleconference: 844-800-2712 Access Code: 199 262 9798

X

ANELIS I NAZARIO CASTILLO 904-232-3285

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

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

NEGOTIATED

24-Nov-2020

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time _______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

C. All offers are subject to the (1) w ork 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 w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

USA ENGINEER DISTRICT, JACKSONVILLE

CONTRACTING DIVISION

701 SAN MARCO BLVD

JACKSONVILLE FL 32207-8175

W912EP

PAGE OF PAGES

CODE

(Title, identifying no., date):

11. The Contractor shall begin performance w ithin ___6_0___ calendar days and complete it w ithin ________calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _*_*S__E_C_TI_O_N_ _0_7_0_0____________ .)

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W912EP21B0003 1 OF 2

400 410

29 December 2020

Amendment 0001 k3ctcain Cross-Out

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

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

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Amendment 0001

SECTION 00010A

LINE ITEMS AND PRICING SCHEDULE

NAVAL SUBMARINE BASE KINGS BAY, MAINTENANCE DREDGING

44, 45, AND 47-FOOT PROJECT, CAMDEN COUNTY, GEORGIA

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

BASE

0001 MOBILIZATION AND DEMOBILIZATION JOB $_______________

0002 EXCAVATION, UNCLASSIFIED;

STATION 43+300 TO STATION 48+175

AND UPPER TURNING BASIN

(ESTIMATED QUANTITY - SEE NOTE 2) 300,000 CUBIC YARD $___________ $_______________

0003 EXCAVATION, UNCLASSIFIED;

STATION 39+141 TO STATION 43+300

AND EXPLOSIVE HANDLING BASIN

(ESTIMATED QUANTITY - SEE NOTE 2) 600,000 CUBIC YARD $___________ $_______________

0004 EXCAVATION, UNCLASSIFIED;

STATION 31+800 TO STATION 39+141 AND

MAGNETIC SILENCING FACILITY (MSF) NORTH

(ESTIMATED QUANTITY - SEE NOTE 2) 230,000 CUBIC YARD $___________ $_______________

0005 EXCAVATION, UNCLASSIFIED; SITE SIX NORTH

STATION 36+850 TO STATION 38+800

(ESTIMATED QUANTITY - SEE NOTE 2) 90,000 CUBIC YARD $___________ $_______________

0006 EXCAVATION, UNCLASSIFIED; SITE SIX SOUTH

AND ARDM YOKE;

STATION 34+233.1 TO STATION 36+548;

(ESTIMATED QUANTITY - SEE NOTE 2) 40,000 CUBIC YARD $___________ $_______________

0007 EXCAVATION, UNCLASSIFIED;

EXPLOSIVE HANDLING WHARVES (EHW)

STATION 41+420 TO STATION 43+320

(ESTIMATED QUANTITY - SEE NOTE 2) 25,000 CUBIC YARD $___________ $_______________

0008 EXCAVATION, UNCLASSIFIED;

REFIT WHARVES

STATION 45+850.4 TO STATION 48+175

(ESTIMATED QUANTITY - SEE NOTE 2) 15,000 CUBIC YARD $___________ $_______________

0009 EXCAVATION, UNCLASSIFIED;

DRY DOCK CAISSON GATE SILL AND

DRY DOCK CAISSON GATE MOORING FACILITY JOB $___________ $_______________

0010 STANDBY TIME (SEE NOTE 4)

(ESTIMATED QUANTITY) 120 HOUR $___________ $_______________

0011 BIRD MONITORING (SEE NOTE 6) JOB $_______________

0012 PARTNERING REGROUP 1 EACH $___________ $_______________

TOTAL BASE (LINE ITEMS 0001 THROUGH 0012) $_______________

OPTION A

0013 FIELD-CUT WEIR RISER BOARDS

(ESTIMATED QUANTITY) 200 EACH $___________ $_______________

TOTAL OPTION A (LINE ITEM 0013) $_______________

TOTAL BASE PLUS OPTION A (LINE ITEMS 0001 THROUGH 0013) $_______________

W912EP21B0003 00010A-1 Amendment 0001

NAVAL SUBMARINE BASE KINGS BAY, MAINTENANCE DREDGING

44, 45, AND 47-FOOT PROJECT, CAMDEN COUNTY, GEORGIA

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

OPTION B

SECONDARY MAINTENANCE DREDGING

0014 MOBILIZATION AND DEMOBILIZATION JOB $_______________

0015 EXCAVATION, UNCLASSIFIED;

SITE SIX SOUTH AND ARDM YOKE

(ESTIMATED QUANTITY - SEE NOTE 2) 25,000 CUBIC YARD $___________ $_______________

0016 EXCAVATION, UNCLASSIFIED;

EXPLOSIVE HANDLING WHARVES (EHW)

(ESTIMATED QUANTITY - SEE NOTE 2) 35,000 CUBIC YARD $___________ $_______________

0017 EXCAVATION, UNCLASSIFIED;

REFIT WHARVES

(ESTIMATED QUANTITY - SEE NOTE 2) 20,000 CUBIC YARD $___________ $_______________

0018 EXCAVATION, UNCLASSIFIED;

DRY DOCK CAISSON GATE SILL AND

DRY DOCK CAISSON GATE MOORING FACILITY JOB $___________ $_______________

0019 EXCAVATION, UNCLASSIFIED; SITE SIX NORTH

STATION 36+850 TO STATION 38+800

(ESTIMATED QUANTITY - SEE NOTE 2) 35,000 CUBIC YARD $___________ $_______________

0020 BIRD MONITORING (SEE NOTE 6) JOB $_______________

0021 STANDBY TIME (SEE NOTE 4) 24 HOUR $___________ $_______________

TOTAL OPTION B (LINE ITEMS 0014 THROUGH 0021) $_______________

TOTAL BASE PLUS OPTIONS A AND B (LINE ITEMS 0001 THROUGH 0021) $_______________

OPTION C

SITE SIX NORTH EXPANDED BASIN

0022 EXCAVATION, UNCLASSIFIED

SITE SIX NORTH EXPANDED BASIN

(ESTIMATED QUANTITY - SEE NOTE 2) 461,000 CUBIC YARD $___________ $_______________

0023 BIRD MONITORING (SEE NOTE 6) JOB $_______________

TOTAL OPTION C (LINE ITEMS 0022 AND 0023) $_______________

TOTAL BID (LINE ITEMS 0001 THROUGH 0023) $_______________

W912EP21B0003 00010A-2 Amendment 0001

NAVAL SUBMARINE BASE KINGS BAY, MAINTENANCE DREDGING

44, 45, AND 47-FOOT PROJECT, CAMDEN COUNTY, GEORGIA

NOTES: (1) OFFEROR MUST PRICE ALL LINE ITEMS.

(2) QUANTITY INCLUDES REQUIRED DEPTH, ALLOWABLE OVERDEPTH AND SHOALING ESTIMATED TO OCCUR

BETWEEN DATES OF SURVEYS SHOWN ON DRAWINGS AND ACTUAL DREDGING.

(3) THE GOVERNMENT RESERVES THE RIGHT TO EXERCISE OPTIONAL ITEMS IN ACCORDANCE WITH FAR CLAUSES 52.211-10 AND 52.217-7 (SECTION 00700). THE CONTRACTOR SHALL NOTIFY THE CONTRACTING OFFICER, IN WRITING, A MINIMUM OF 7 DAYS PRIOR TO THE ANTICIPATED DATE OF THE DEMOBILIZATION OF A DREDGE PLANT.

(4) STANDBY TIME IS DEFINED AS WHEN THE DREDGE PLANT IS NOT IN OPERATION AT THE DIRECTION OF THE CONTRACTING OFFICER. STANDBY TIME SHALL BE UTILIZED ONLY DUE TO ENDANGERED SPECIES CONCERNS, DIFFERING SITE CONDITIONS, SECURITY OPERATIONS OR OTHER CONDITIONS AS DETERMINED BY THE CONTRACTING OFFICER. REQUIREMENTS FOR WORK STOPPAGES, DELAYS, OR OTHER IMPACTS ASSOCIATED WITH COMPLIANCE WITH SECTION 01 57 20 ENVIRONMENTAL PROTECTION ARE NOT PAID FOR UNDER THIS LINE ITEM. STANDBY TIME IS NOT AFFORDED FOR DELAYS CAUSED BY ADVERSE WEATHER CONDITIONS. PAYMENT WILL ONLY BE MADE FOR ACTUAL STANDBY TIME REQUIRED BY THE CONTRACTING OFFICER. SEE SECTION 01 22 00 MEASUREMENT AND PAYMENT. STANDBY TIME IN THE BASE IS AN

ESTIMATED QUANTITY. STANDBY TIME IN OPTION B IS NOT AN ESTIMATED QUANTITY.

(5) FOR THE SECURITY REQUIREMENTS, SEE PARAGRAPH "NAVAL SUBMARINE BASE KINGS BAY STATION ACCESS/

REGULATIONS" AND APPENDICES OF SECTION 01 11 00 SUMMARY OF WORK.

(6) PAYMENT WILL BE MADE FOR BIRD MONITORING IN ACCORDANCE WITH SECTION 01 57 20.

(7) FOR BIDDING PURPOSES, PROSPECTIVE BIDDERS SHOULD ASSUME A FULL MOBILIZATION AND DEMOBILIZATION.

UNDER THE BASE AND OPTION B.

W912EP21B0003 00010A-3 Amendment 0001

W912EP21B0003 00700-i Amendment 0001

Section 00700 - CONTRACT CLAUSES

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Alt I Restrictions on Subcontractor Sales to the Government

-- Alternate I

JUN 2020

52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

MAY 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014 52.203-12 Limitation on Payments to Influence Certain Federal

Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

JUN 2020

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

JAN 2017

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

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

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

JUN 2020

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research JUN 2020 52.211-10 Commencement, Prosecution, and Completion of Work APR 1984 52.211-12 Liquidated Damages--Construction SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.214-26 Audit and Records--Sealed Bidding JUN 2020 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -

Modifications - Sealed Bidding

JUN 2020

52.214-28 Subcontractor Certified Cost or Pricing Data--Modifications-- Sealed Bidding

JUN 2020

52.217-5 Evaluation of Options JUL 1990 52.217-7 Option for Increased Quantity-Separately Priced Line Item MAR 1989 52.219-6 Notice of Total Small Business Set-Aside MAR 2020 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 Limitations on Subcontracting MAR 2020 52.219-28 Post-Award Small Business Program Rerepresentation MAY 2020 52.222-3 Convict Labor JUN 2003

W912EP21B0003 00700-ii Amendment 0001

52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation

MAY 2018

52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance with Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-2 Affirmative Procurement of Biobased Products Under

Service and Construction Contracts

SEP 2013

52.223-4 Recovered Material Certification MAY 2008 52.223-6 Drug-Free Workplace MAY 2001 52.223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items

MAY 2008

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.

JUN 2016

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

JUN 2020

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

52.225-11 Buy American--Construction Materials Under Trade Agreements

OCT 2019

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice and Assistance Regarding Patenta and Copyright

Infringement

JUN 2020

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-1 Bid Guarantee JUL 2012 52.228-2 Additional Bond Security OCT 1997 52.228-3 Workers' Compensation Insurance (Defense Base Act) JUL 2014 52.228-5 Insurance--Work On A Government Installation JAN 1997 52.228-11 Pledges of Assets AUG 2018 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction JUN 2020 52.229-3 Federal, State and Local Taxes FEB 2013

W912EP21B0003 00700-iii Amendment 0001

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Alt I Assignment of Claims - Alternate I MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUL 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Alt I Accident Prevention - Alternate I NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Quantity Surveys APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.236-5008 Value Engineering after Award AUG 2016 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items JUN 2020 52.246-12 Inspection of Construction AUG 1996 52.248-3 Value Engineering-Construction OCT 2015 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) - Alternate I

APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984 52.252-2 Clauses Incorporated by Reference FEB 1998 52.252-6 Authorized Deviations in Clauses APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7004 Display of Hotline Posters AUG 2019 252.204-7003 Control of Government Personnel Work Product APR 1992 252.205-7000 Provision of Information to Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting with Firms that are Owned or Controlled by

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

W912EP21B0003 00700-iv Amendment 0001

252.223-7001 Hazard Warning Labels DEC 1991 252.223-7004 Drug Free Work Force SEP 1988 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference for Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.236-7002 Obstruction of Navigable Waterways DEC 1991 252.236-7004 Payment for Mobilization and Demobilization DEC 1991 252.236-7008 Contract Prices-Bidding Schedules DEC 1991 252.243-7001 Pricing of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7023 Transportation of Supplies by Sea FEB 2019

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Section 00700 - CONTRACT CLAUSES

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;

(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)

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) of this clause, 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)

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52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

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

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

ALTERNATE I (OCT 1995)

(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 paragraph (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation. For acquisitions of commercial items, the prohibition in paragraph (a) applies only to the extent that any agreement restricting sales by subcontractors results in the Federal Government being treated differently from any other prospective purchaser for the sale of the commercial item(s).

(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)

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 to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection

W912EP21B0003 00700-3 Amendment 0001 with a prime contractor in connection with a subcontract relating to a prime contract.

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

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

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

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

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

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

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

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

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

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

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

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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 violates 41 U.S.C. 2102 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 head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting for the Contractor has engaged in conduct punishable under 41 U.S.C. 2105(a).

(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 Clause)

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.

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(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)

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

W912EP21B0003 00700-6 Amendment 0001 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 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 include profit or fee from a covered Federal action.

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(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, ``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.

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(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.