W912PL21B0007_Amendment0001.pdf

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

2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)

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

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a)By completing items 8 and 15, and returning 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 your 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 APPROPIRATION DATA (If required)

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

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

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

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.

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

0001 July 15, 2021

USACE-LOS ANGELES DISTRICT

CONTRACTING DIVISION, WEST REGION BRANCH

915 WILSHIRE BLVD, SUITE 1440

LOS ANGELES, CA 90017

W912PL21B0007

June 30, 2021

Gallery Utilities Relocation Project, vicinity Pico Rivera, Los Angeles County, CA.

See SF30 Continuation Page for Revisions.

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.

INSTRUCTIONS

Instructions for items other than those that are self-explanatory, are as follows:

Item 1 (Contract ID Code) . Insert the contract type identification code that appears in the title block of the contract being modified.

Item 3 (Effective date) .

(1)

(2)

(3)

(4)

(5)

For a solicitation amendment, change order, or administrative change, the effective date shall be the issue date of the amendment, change order, or administrative change.

For a supplemental agreement, the effective date shall be the date agreed to by the contracting parties.

For a modification issued as an initial or confirming notice of termination for the convenience of the Government, the effective date and the modification number of the confirming notice shall be the same as the effective date and modification number of the initial notice.

For a modification converting a termination for default to a termination for the convenience of the Government, the effective date shall be the same as the effective date of the termination for default.

For a modification confirming the contacting officer's determination of the amount due in settlement of a contract termination, the effective date shall be the same as the effective date of the initial decision.

(a)

(b)

(c)

(d)

(e)

(f)

Item 6 (Issued By) . Insert the name and address of the issuing office. If applicable, insert the appropriate issuing office code in the code block.

Item 8 (Name and Address of Contractor) . For modifications to a contract or order, enter the contractor's name, address, and code as shown in the original contract or order, unless changed by this or a previous modification.

Item 9, (Amendment of Solicitation No. - Dated), and 10, (Modification of Contract/Order No. - Dated ). Check the appropriate box and in the corresponding blanks insert the number and date of the original solicitation, contract, or order.

Item 12 (Accounting and Appropriation Data) .

When appropriate, indicate the impact of the modification on each affected accounting classification by inserting one of the following entries.

(2) Accounting classification Net decrease $

Include subject matter or short title of solicitation/contract where feasible.

Item 16B . The contracting officer's signature is not required on solicitation amendments. The contracting offier's signature is normally affixed last on supplemental agreements.

(i)

NOTE: If there are changes to multiple accounting classifications that cannot be placed in block 12, insert an asterisk and the words "See continuation sheet".

Item 13 . Check the appropriate box to indicate the type of modification. Insert in the corresponding blank the authority under which the modification is issued. Check whether or not contractor must sign this document. (See FAR 43.103.)

Item 14 (Description of Amendment/Modification) .

Organize amendments or modifications under the appropriate Uniform Contract Format (UCF) section headings from the applicable solicitation or contract. The UCF table of contents, however, shall not be set forth in this document Indicate the impact of the modification on the overall total contract price by inserting one of the following entries:

Total contract price increased by $

Total contract price decreased by $

Total contract price unchanged.

State reason for modification.

When removing, reinstating, or adding funds, identify the contract items and accounting classifications.

When the SF 30 is used to reflect a determination by the contracting officer of the amount due in settlement of a contract terminated for the convenience of the Government, the entry in Item 14 of the modification may be limited to --

A reference to the letter determination; and

A statement of the net amount determined to be due in settlement of the contract.

(g)

(h)

(i)

(ii)

(1)

(2)

(3)

(4)

(5)

(6)

(i)

(ii)

(iii)

STANDARD FORM 30 (REV. 10-83) BACK

(1) Accounting classification Net increase $

July 2021 Amendment 0001

Gallery Utilities Relocation Project W912PL21B0007 Los Angeles County, CA

SF 30 Block 14:

The purpose of this Amendment is as follows: to correct conflicting Bid Opening Date; to supersede/replace Bid Schedule (CLINs) in its entirety; to delete FAR 52.236-16 Quantity Surveys (including Alternate I); to add language regarding east gallery trail crossing; to revise Submittal designations from For Information Only (FIO) to G (for government Review); and to add language regarding dewatering of utility galleries.

SF 30 (Continuation Page)

SUMMARY OF CHANGES:

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION NUMBER SECTION TITLE

00 21-13

VIRTUAL BID OPENING PROCEDURES AND INSTRUCTIONS FOR BIDDER’S

PARTICIPATION

Solicitation due/bid opening date changed from 25 July 21 to 30 July 2021 @ 1300 local time) (Page 6 of 8)

00 10 00 CONTRACT LINE ITEM (CLIN) SCHEDULE

CLINs is entirety superseded/replaced

00 70 00 CONDITIONS OF CONTRACT

FAR 52.236-16 (Delete) (Page 4 and 156)

00 73 00 SUPPLEMENTAL CONDITIONS

FAR 52.236-16 & ALTERNATE (Deleted) (Page 12)

DIVISION 01-48 – TECHNICAL SPECIFICATIONS

SECTION NUMBER SECTION TITLE

01 14 00 WORK RESTRICTIONS

Language regarding east gallery trail crossing added

01 20 00 PRICE AND PAYMENT PROCEDURES

Language regarding east gallery trail crossing added

01 45 00 QUALITY CONTROL

Revisions to Submittals from FIO to G

01 45 35 SPECIAL INSPECTIONS

Revisions to Submittals from FIO to G

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

Language regarding east gallery trail crossing added

01 78 00 CLOSEOUT SUBMITTALS

Revisions to Submittals from FIO to G

05 12 00 STRUCTURAL STEEL

Revisions to Submittals from FIO to G

05 51 33 METAL LADDERS

Revisions to Submittals from FIO to G

09 90 00 PAINTS AND COATINGS

Revisions to Submittals from FIO to G

13 34 23 PREFABRICATED PRE-ENGINEERED PRECAST CONCRETE STRUCTURE

Revisions to Submittals from FIO to G

31 00 00 EARTHWORK

Language regarding dewatering of utility galleries added

July 2021 Amendment 0001

31 11 00 CLEARING AND GRUBBING

Revisions to Submittals from FIO to G

33 11 00 WATER UTILITY DISTRIBUTION PIPING

Revisions to Submittals from FIO to G

33 30 00 SANITARY SEWERAGE

Revisions to Submittals from FIO to G

33 40 00 STORM DRAINAGE UTILITIES

Revisions to Submittals from FIO to G

40 05 15 PRESSURE TESTING FOR PIPING

Revisions to Submittals from FIO to G

40 20 97 HIGH DENSITY POLYETHYLENE PIPE

Revisions to Submittals from FIO to G

NOTICE TO BIDDERS:

This Amendment forms a part of the Covered Contract Documents and modifies the original Bidding Documents dated June 30, 2021, and as noted below. This Amendment shall become part of the Contract Documents to the same extent as though it had been written into the body thereof and bound therein. This Amendment is applicable to the items affected and all Bidders are held responsible for the contents herein. Acknowledgement of receipt of this Amendment shall be so noted in the space provided on Standard Form 1442, Solicitation, Offer and Award. Failure to do so may subject the Bidder to disqualification.

Whittier Narrows Dam Utilities Relocation Project Los Angeles County, California

W912PL-21-B-0007

Item Description Quantity Unit Unit Price

Amount

0001 Performance and Payment Bonds 1.00 JA $ $

0002 Site/Yard Work 1.00 JA $ $

0003 SWPPP 1.00 JA $ $

0004 Traffic Handling Plan 1.00 JA $ $

0005 Temporary Access Ramp [Dam Modification]

1.00 JA $ $

0006 Temporary Bypass 36" HDPE [COW] 1.00 JA $ $

0007 36" and 30" Pipe Demolition [COW] 1.00 JA $ $

0008 West Filter Diaphragm [Dam Modification]

1.00 JA $ $

0009 Replace Pipe 30" DIP [COW] 1.00 JA $ $

0010 Temporary Bypass Removal 36" HDPE

[COW]

1.00 JA $ $

0011 Demolition & Replace West Gallery Entrance [Dam Modification]

1.00 JA $ $

0012 SWS Preconstruction Submittals

[SWS]

1.00 JA $ $

SECTION 00 10 00

Solicitation Contract Line Item (CLIN) Schedule

Bidding Schedule

(Line Items 0001 through 0012)

TOTAL AMOUNT OF BASE BID:

WEST GALLERY

EAST GALLERY

July 8, 2021 SECTION 00 10 00 Page 1 100% Submittal Amendment 0001

W912PL-21-B-0007

Item Description Quantity Unit Unit Price

Amount

1001 Performance and Payment Bonds 1.00 JA $ $

1002 Site/Yard Work 1.00 JA $ $

1003 SWPPP 1.00 JA $ $

1004 Traffic Handling Plan 1.00 JA $ $

1005 LADWP Access 1.00 JA $ $

1006 Temporary Bypass 30" HDPE [SWS] 1.00 JA $ $

1007 Temporary Flow Meter [LACSD] 1.00 JA $ $

1008 Temporary Bypass Pump [LACSD] 1.00 JA $ $

1009 East Filter Diaphragm [Dam Modification]

1.00 JA $ $

1010 Chlorine Building Demolition [SWS] 1.00 JA $ $

1011 Vault Demolition [SWS] 1.00 JA $ $

1012 Toe Drain Pipe Demolition [Dam Modification]

1.00 JA $ $

1013 36" Pipe Demolition [SWS] 1.00 JA $ $

1014 24" Pipe Demolition [LACSD] 1.00 JA $ $

1015 Replace Pipe 36" WSP [SWS] 1.00 JA $ $

1016 Replace Pipe 24" RCP [LACSD] 1.00 JA $ $

1017 Remove Bypass Pump [LACSD] 1.00 JA $ $

1018 Temporary Bypass Removal 30" HDPE

[SWS]

1.00 JA $ $

Option 1: East Gallery

OPTION ITEMS

July 8, 2021 SECTION 00 10 00 Page 2

W912PL-21-B-0007

1019 Replace Toe Drain Pipe 18" RCP [Dam Modification]

1.00 JA $ $

1020 Site Work [SWS] 1.00 JA $ $

1021 Demolition & Replace East Gallery Entrance [Dam Modification]

1.00 JA $ $

2001 Meter Vault [SWS] 1.00 JA $ $

2002 Flow Meter [SWS] 1.00 JA $ $

$ TOTAL AMOUNT OF BASE BID PLUS OPTION 1

AND OPTION 2 ITEMS:

(Line Items 0001 through 2002)

TOTAL AMOUNT OF OPTION 2 ITEMS:

(Line Items 2001 through 2002)

Option 2: Vault and Meter Installation [SWS]

TOTAL AMOUNT OF OPTION 1 ITEMS:

(Line Items 1001 through 1021)

July 8, 2021 SECTION 00 10 00 Page 3

Section 00 21 13

Instructions to Bidders

Table of Contents

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

52.0000-4010 INQUIRIES

SPECIAL INSTRUCTIONS PERTAINING TO SUBMISSION OF ELECTRONIC BIDS (APR 2020)

INSTRUCTIONS FOR SUBMITTING ELECTRONIC BIDS:

INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:

RECEIPT OF SUBMISSIONS:

FORMAT AND CONTENTS OF ELECTRONIC BID

VIRTUAL BID OPENING PROCEDURES AND INSTRUCTIONS FOR BIDDER’S PARTICIPATON

CONTRACTOR RESPONSIBILITY, PRE-AWARD SURVEY INFORMATION TO BE SUBMITTED WITH

BID

OFFEROR'S CHECKLIST

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

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

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

07 July 2021, 1200 - 1330 hrs. Contact Frank.B.Mallette@usace.army.mil or Shannon.L.Neale@usace.army.mil 3 days prior to RSVP and for the details of the meet up point.

(c) Participants will meet at-- See para (b) above. Whittier Narrows Dam, Rio Hondo River, vicinity Pico Rivera, Los Angeles County, CA

(End of provision)

52.0000-4010 INQUIRIES

Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders/offerors before submission of their bids/offers. Oral explanations or instructions given before award of a contract are not binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment to the solicitation, if that information is necessary in submitting offers or if lack of it would be prejudicial to other prospective bidders/offerors.

1. All inquiries relating to this solicitation are to be submitted via Bidder Inquiry in

ProjNet at https://www.projnet.org/projnet/

A. To submit and review bid inquiry items, offerors will need to be a current registered user, self-register into the ProjNet system.

To access the Bid Inquiry system, go to the ProjNet web page and fill in:

- Managing Agency – USACE

- Email address

- Key Access (this is the Bidder Inquiry Key – see below for key)

- Click on “Sign In”

- You will be prompted for the answer to your secret question on the next screen https://www.projnet.org/projnet/ http://www.projnet.org/projnet/

If this is your first time accessing ProjNet, you will be directed to a screen titled, “User account not found. Please create one using the form below.” Fill in the requested information (name, company, city, phone #, etc.).

B. From this page, you may view all bidder inquiries or add an inquiry. Please note:

Offerors shall only submit one question per inquiry. All inquiries containing multiple questions may be rejected.

C. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

The Solicitation Number is: W912PL21B0007 The Bidder Inquiry Key is: J655BG-T796QS

2. The Bidder Inquiry System will be unavailable for new inquires up to 5 business days prior to bid/proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

3. Offerors are requested to review the specifications in its entirety, review the Bidder

Inquiry System for answers to questions prior to submission of a new inquiry.

4. The ProjNet call center operates weekdays from 8AM to 5PM U.S. Central Time Zone

(Chicago). The telephone number for the ProjNet Call Center is 800-428-HELP.

5. Responses on the Bidder Inquiry System do not revise, change, amend or supersede the provisions of the solicitation. Changes to the solicitation must be by written amendment thereto. Any Bidder Inquiry System response that can be interpreted to be in conflict with the solicitation or amendment, shall be subordinate to the conflicting provision, term, and/or note, wherever it appears in the solicitation, until revised or altered by a written amendment to the solicitation.

Additionally, offerors may not anticipate a change to the solicitation until the change, revision, iteration of the solicitation is actually made, in writing and published as an amendment to the solicitation.

(End of Statement)

SPECIAL INSTRUCTIONS PERTAINING TO SUBMISSION OF ELECTRONIC BIDS (APR 2020)

The Bidder’s bid shall be submitted electronically, as described below. The IFB will provide the Government address and receipt date for bid submittal. The Bidder’s bid shall not contain classified data. The use of hyperlinks in bids is prohibited.

NOTE: The only authorized transmission method for bids in response to this solicitation is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS

(EMAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.

The Bidder’s bid must be received by the Government by the date/time specified in the solicitation.

Bidders shall email their bid using the following link: https://safe.apps.mil/ Please send bids using the link above to Contract Specialist wendell.l.mendoza@usace.army.mil AND to Contracting Officer suntok.mcguinness@usace.army.mil.

(End of Statement)

INSTRUCTIONS FOR SUBMITTING ELECTRONIC BIDS:

In an effort to reduce paperwork and cost, all bids shall be submitted electronically through the SAFEsite. Submission shall be in Adobe PDF format. You are limited to five (5) maximum files per upload (total size cannot exceed 8GB). If you have a large number of files, recommend that you combine your files before uploading to the SAFE site.

REQUEST FOR UPLOAD CODE: Bidders must email Contract Specialist wendell.l.mendoza@usace.army.mil and to Contracting Officer suntok.mcguinness@usace.army.mil no later than five (5) working days prior to the bid due date to receive a request code which will allow for file uploads via the SAFE site. Bidders who fail to email for request a code five (5) working days before bid submission date may not be able to receive a request code in time to upload their submission.

FILE DESCRIPTION: Include a “File Description” for each file(s) you upload. The “File Description” will be included in the email notice to each of the recipients you choose to have access your file(s). NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.) Submission shall be in Adobe PDF format.

INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:

1. Once at the SAFE website select the “Drop-off” icon. This allows users without a CAC or users whose computer is not configured to read a CAC the option to access the SAFE site as a guest. After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and email settings.

2. When completing your file information for transmittal via the SAFE website, you will be required to enter the email address for all recipients. For this solicitation, the recipients are the Contract Specialist and the Contracting Officer. The Contract Specialist for this solicitation is wendell.l.mendoza@usace.army.mil and the Contracting Officer is mailto:%20suntok.mcguinness@usace.army.mil suntok.mcguinness@usace.army.mil. The E-Mail address of the Government Employee who initiated the request code will be automatically entered. The Proposer must enter the E-Mail address for both the Contracting Officer and Specialist. The Proposer can enter an additional E- Mail address if desired.

After entering the email address, click the ADD button to add the person(s) email to the “Recipients List” of your response. When your proposal is submitted, a notification will be sent to the recipients you added.

NOTE: Do NOT send the SAFE site packages to group email accounts. Even if you successfully upload your bid to the SAFE site, notification will not be sent to the government recipients until you verify your email address. Entering an incorrect email may result in the rejection of your submission for lateness. A Proposer can confirm proper submission by the “Drop-Off Completed”scren which generates based on proper file submission.

NOTE: It has been reported that documents are more quickly uploaded into the SAFE website when using a Firefox web browser. The Government cannot verify that this is true and offers no guarantee that Bidders will have more success utilizing any particular browser.

RECEIPT OF SUBMISSIONS:

For the purposes of establishing whether a bid submission is considered timely, the government considers the date and time the submission is completely uploaded into the SAFE website. For bids larger than the 8GB capacity of the SAFE website and require multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the SAFE website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases.

The government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive bids. Bidders are responsible for ensuring that bids are submitted so as to reach the designated recipient. Bidders are responsible for allowing sufficient time for the bid to be received in accordance with the instructions provided.

(End of statement)

FORMAT AND CONTENTS OF ELECTRONIC BID

The only authorized transmission method for bids in response to this solicitation is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.

mailto:%20suntok.mcguinness@usace.army.mil mailto:Stanislav.Y.Sekacov@usace.army.mil mailto:Stanislav.Y.Sekacov@usace.army.mil mailto:Stanislav.Y.Sekacov@usace.army.mil

The Bidder’s bid must be received by the Government by the date/time specified in the solicitation.

Bidders shall email their bid using the following link: https://safe.apps.mil/ The bid shall be organized as indicated below, and shall be comprised of the following items.

#1 A completed SF 1442, “Solicitation, Offer and Award” including the Certifications, Section 00 01 05. The SF 1442 and the Certifications shall be completed by the bidder and duly executed with an original signature by an official authorized to bind the company in accordance with instructions at FAR 4.102.

#2 Section 00 10 00, Solicitation, Contract Line Item Number (CLIN) Schedule. The complete Solicitation, Contract Line Item Number (CLIN) Schedule with the bidder’s proposed contract line item prices inserted in the appropriate spaces. Prices must be proposed for all contract line items and prices sub-line items, if any. Unit prices are to be extended to the actual “dollar and cents” amounts (i.e., to two decimal places). Do not round off to the nearest dollar. Check your pricing submissions very carefully for mathematical and clerical errors prior to submission.

#3 Official Online System for Award Management Representations & Certifications or completed Section 00 45 00.

#4 A Bid Guarantee, Standard Form 24, “Bid Bond.”

#5 Contractor Responsibility, Pre-Award Survey Information.

(End of statement)

VIRTUAL BID OPENING PROCEDURES AND INSTRUCTIONS FOR BIDDER’S PARTICIPATON

The electronic bids for this project are due on 30 July 2021 at 1:00 PM Local time.

In order to allow the bid opening officer sufficient time to download the bids after bids are due, the virtual bid opening will be held two (2) hours after electronic bids are due.

At the bid opening teleconference, bids and the Independent Government Estimate will be read aloud, just as in a traditional bid opening.

Following the bid opening a copy of the bid abstract and any bid can be made available for public inspection by interested persons by emailing a copy of the abstract and requested bids to those who participated in the virtual bid opening. In addition, in accordance with established practices, the Abstract of Bids will be available at beta.sam.gov for all interested parties.

To participate in the Virtual Bid Opening, the following information is provided:

Call-in toll-free number (ATT Audio Conference): 1-844-800-2712 Access code: 199 827 1077

(End of statement)

CONTRACTOR RESPONSIBILITY, PRE-AWARD SURVEY INFORMATION TO BE SUBMITTED

WITH BID

In order to determine a contractor's responsibility for purposes of contract award in accordance with FAR Part 9, a statement regarding previous experience in performing comparable work and information related to their business organization, financial resources, and/or plant to be used in performing the work is required. In accordance with FAR 9 Determination of responsibility of the offeror by the Contracting Officer, please provide the following information in order to perform a preaward survey on your firm:

1.List of projects completed for the past three years, including dollar value of each contract.

2. List of projects in progress, percentage of work completed, including dollar value of each contract.

3. The name and qualifications of the employee designated to act as the Project Superintendent/Manager for this contract.

4. Copy of latest financial statement

5. General description of your firm

6. Please include client information (Point of Contact: Name, telephone number) and/or past performance evaluations for projects listed in your Pre-Award Survey package.

OFFEROR'S CHECKLIST

All information required by the terms of the Solicitation must be furnished. MISTAKES OR OMISSIONS CAN BE COSTLY. Important items for you to check are included in but not limited to, those listed below.

This checklist is furnished only to assist you in submitting a complete Bid. Check as you read.

[ ] Have you acknowledged all amendments?

[ ] Is your SF-1442, Certificate of Corporate Principal and CLIN Schedule (Section 00 10 00), properly completed and signed?

[ ] Is a bid bond included with your bid? (A late bid bond is treated the same as a late bid.)

[ ] Is your bid bond in the proper amount? (20% of total bid price or $3,000,000 whichever is less)

[ ] Is the bond properly signed by both the Offeror and Surety and are all required seals affixed?

[ ] Is the name in which you submitted the bid the same on your bid as on your bid bond?

[ ] Are all erasures or corrections initialed by the person signing the bid?

[ ] Have you restricted your bid by altering the provisions of the solicitation?

[ ] Is your pre-award survey information (Section 00 21 13, Contractor Responsibility, Pre- Award Survey Information To Be Submitted With Bid) included with your bid?

[ ] Have you completed the Representations, Certifications, and Other Statements of Bidders/Offerors (Section 00 45 00) or provided a copy of your SAM.

[ ] Did you double check the time? Late hand-carried bids will not be considered. Late bids or modifications will be handled in accordance with FAR 52.214-1 Submissions, Modifications, Revisions, and Withdrawals of bids.

(End of Checklist)

-END OF SECTION-

Page 1 of 202 Amendment 0001 Section 00 70 00

Conditions of the Contract

Table of Contents

52.202-1 DEFINITIONS (JUN 2020)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

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

52.203-14 DISPLAY OF HOTLINE POSTER(S) (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)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS

(JUN 2020)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

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)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION

(DEC 2019)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN

2016)

Page 2 of 202 Amendment 0001

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 (SEPT 2000)

52.211-13 TIME EXTENSIONS (SEPT 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)

52.217-7 OPTION FOR INCREASED QUANTITY-SEPARATELY PRICED LINE ITEM

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (DEVIATION 2020-O0008) (MAR 2020)

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

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JUN 2020)

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN ALTERNATE I (NOV 2016)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAY 2020)

52.222-3 CONVICT LABOR (JUN 2003)

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 (SEPT 2016)

Page 3 of 202 Amendment 0001

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015)

52.222-30 CONSTRUCTION WAGE RATE REQUIREMENTS--PRICE ADJUSTMENT (NONE OR

SEPARATELY SPECIFIED METHOD) (AUG 2018)

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)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997) . 106

52.223-4 RECOVERED MATERIAL CERTIFICATION (MAY 2008)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-

DESIGNATED ITEMS (MAY 2008)

52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (MAY 2020)

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)

52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS

ALTERNATE I (DEVIATION 2020-O0019) (JUL 2020)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228-11 INDIVIDUAL SURETY—PLEDGE OF ASSETS (FEB 2021) (DEVIATION 2020-O0016)

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) (DEVIATION 2020-

O0016)

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

52.229-4 FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL ADJUSTMENTS) (FEB 2013)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

Page 4 of 202 Amendment 0001

52.232-16 PROGRESS PAYMENTS (JUN 2020) (DEVIATION 2020-O0010)

52.232-17 INTEREST (MAY 2014)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT

(OCT 2018)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC

2013)

52.233-1 DISPUTES (MAY 2014)

52.233-3 PROTEST AFTER AWARD (AUG. 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

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 ACCIDENT PREVENTION (NOV 1991)

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (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)

52.242-13 BANKRUPTCY (JUL 1995)

52.242-14 SUSPENSION OF WORK (APR 1984)

52.242-15 STOP-WORK ORDER (AUG 1989)

52.243-4 CHANGES (JUN 2007)

52.243-7 NOTIFICATION OF CHANGES (JAN 2017)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2020)

Page 5 of 202 Amendment 0001

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

52.248-3 VALUE ENGINEERING--CONSTRUCTION (OCT 2015)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012) -

ALTERNATE I (SEP 1996)

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

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) 177

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019)

252.203-7004 DISPLAY OF HOTLINE POSTERS (AUG 2019)

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

252.204-7004 LEVEL I ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (FEB 2019)

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (DEC 2019)

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)

252.215-7013 SUPPLES AND SERVICES PROVIDED BY NONTRADITIONAL DEFENSE

CONTRACTORS (JAN 2018)

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) ALTERNATE I (DEC

2019)

252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)

252.225-7048 EXPORT CONTROLLED ITEMS (JUNE 2013)

252.225-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS, TANTALUM, AND

TUNGSTEN (OCT 2020)

252.227-7033 RIGHTS IN SHOP DRAWINGS (APR 1966)

252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(DEC 2018)

252.232-7004 DOD PROGRESS PAYMENT RATES (MAR 2020) (DEVIATION 2020-O0010)

Page 6 of 202 Amendment 0001

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)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (FEB 2019)

Page 7 of 202 Amendment 0001

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.

Page 8 of 202 Amendment 0001

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.

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.

Page 9 of 202 Amendment 0001

(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 with a prime contract or in connection with a subcontract relating to a prime contract.

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

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

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

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

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

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

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

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

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

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

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

Page 10 of 202 Amendment 0001

(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.

(End of Clause)

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

Page 11 of 202 Amendment 0001 any other rights and remedies provided by law, regulation, or under this contract.

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…