W912PP24Q0026.pdf

COCHITI LAKE PROJECT OFFICE

82 DAM CREST RD

PENA BLANCA NM 87041-5015

TEL: FAX:

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER)

PAGE OF PAGES

1 74

1. REQUEST NO. 2. DATE ISSUED RATING

W912PP24Q0026 01-May-2024 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

IMPO RTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. % NO TE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and

ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) ( Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA

FAR (48 CFR) 53.215-1(a)

THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

US ARMY ENGINEER DISTRICT, ALBUQUERQUE

4101 JEFFERSON PLAZA NE

ALBUQUERQUE NM 87109-3435

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

16-May-2024(Date) PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

505-342-3210LORETTA D SANCHEZ

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

W912PP24Q0026

Section B - Supplies or Services and Prices

Submission Instructions:

Please submit offers to Loretta Sanchez via e-mail at Loretta.D.Sanchez@usace.army.mil. This requirement will be awarded in accordance with FAR 13 Simplified Acquisition Procedures. The Government intends to award a Firm Fixed Price construction contract to the responsible, qualified small business Offeror based on a fair and reasonable price. Magnitude of construction for this contract is: less than $25,000.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

HVAC System Replacement

FFP

Contractor shall furnish all labor, management, equipment, supplies, and materials needed for HCAC System Replacement Cochiti Dam, Pena Blanca, NM, in strict accordance with the attached Scope of Work and US Department of Labor Wage Determination. Price includes all applicable Federal, State, and Local taxes. Point of contact for this project is Tom Nys, (505) 465-0307, ext. 14 , thomas.r.nys@usace.army.mil.

FOB: Destination

PSC CD: J041

NET AMT

SAM

****************Note to Offeror****************

The System for Award Management (SAM) registration (formerly CCR) should be completed prior to award of any resultant contract from the RFQ. Failure to have this registration completed could cause delay of award or rejection of offer. To complete or update a SAM registration, go to www.sam.gov.

Please provide the following information with quote:

UEI Number: ______________________ Federal Tax ID Number: ______________________

CAGE Code: ______________________ mailto:Loretta.D.Sanchez@usace.army.mil http://www.sam.gov/

Section C - Descriptions and Specifications

Definitions:

CONTRACTING OFFICER: The term “Contracting Officer” means the person with authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within limits of their authority as delegated by the Contracting Officer. “Administrating Contracting Officer (ACO)”refers to a Contracting Officer who is administrating contracts. “Termination Contracting Officer (TCO)” refers to a Contracting Officer who is settling terminated contracts. A single Contracting Officer may be responsible for duties in any or all of these areas.

CONTRACTING OFFICER AUTHORITY: The term “Contracting Officer Authority” means the Contracting Officer who signs this contract will be the primary Contracting Officer for this contract. However, any Contracting Officer assigned to the Albuquerque District, contracting within his or her authority, may take formal action on this contract when a contract action needs to be taken and the primary Contracting Officer is unavailable.

POINT OF CONTACT: The term “Point of Contact” means the Government’s employee assigned to the project to act as a liaison between the Government and the Contractor. A Point of Contact has no authority to enter into, administer, modify or terminate contracts.

TECHNICAL POINT OF CONTACT: The term “Technical Point of Contact” means the government’s employee assigned to the project to act as a liaison between the Government and the Contractor on technical issues.

A Technical Point of Contact has no authority to enter into, administer, modify or terminate contracts.

U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL, EM 385-1-1

AND OSHA REQUIREMENTS: means that the contractor will be required to comply with all pertinent provisions of the latest version of the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of contract award. EM 385-1-1 and its changes are available at http://publications.usace.army.mil/publications by selecting Engineer Manuals, EM 385-1-1 “Safety and Occupational Health”. The Contractor must also comply with Occupational Safety and Health Act (OSHA) standards. OSHA standards are subject to change. It is the Contractor's responsibility to maintain familiarity with current OSHA standards.

ZERO ACCIDENT PROGRAM: The term “ZERO ACCIDENT PROGRAM” means the Albuquerque District, in its continual pursuit of excellence in safety has established a goal of zero contractor injuries. To attain this goal it will be necessary for the Contractor management personnel to communicate to the workers an expectation of zero injuries; that it is no longer acceptable to take chances; that shortcuts taken because of laziness or even while trying to do an efficient job are no longer welcomed; that praise for shortcuts or chance-taking will not exist. It is imperative that Contractor management clearly sets forth the expectation for zero injuries so that the workers can begin to believe that the company is truly serious about safety. From the standpoint of worker psychology, zero is the only supportable goal. In attaining zero-injury performance, there is no substitute for the concept of setting and communicating safety performance expectations to the workers.

http://publications.usace.army.mil/publications

HVAC System Replacement U.S. Army Corps of Engineers

North Wing of Administrative Office Building Cochiti Dam and Reservoir

Pena Blanca, NM

SCOPE OF WORK

PART 1 – GENERAL REQUIREMENTS

1.1 SCOPE OF WORK. In accordance with these specifications the Contractor shall supply all labor, materials, appurtenances, equipment, shop facilities, supervision, tools, staging, and any other items necessary to complete the herein detailed replacement of the three-phase heating, ventilation and air-conditioning system (HVAC) serving the north wing of the main Administrative Office Building located at Cochiti Lake, NM. The Contractor shall verify all existing conditions, dimensions and quantities prior to start of work.

The work will consist of removing the existing exterior-located five-ton condensing unit, mounting pad and all associated hardware, refrigerant and condensate lines, transition pieces and electrical subcomponents. The work will also consist of removing the interior-located furnace, air-handler, plenum, existing associated controls and thermostatic/barometric-controlled “economizer” fresh-air intake assembly. The Contractor will supply and install a specified three-phase five-ton cased-coil condensing unit on new mounting pad with all appropriate associated hardware, refrigerant and condensate lines, transition pieces and components in accordance with all State and Federal regulations and applicable building codes. The Contractor will supply and install a specified new 155kBTU natural-gas-fired furnace with all appropriate associated hardware, components, economizer and plenum in accordance with all State and Federal regulations and applicable building codes. The Contractor will furnish copies of any and all manufacturer’s operation and maintenance manuals associated with this equipment.

The intent of this contract is to replace the currently inoperable antiquated external air-conditioner condensing unit and update the furnace and air-handler with new state-of-the art, fuel-efficient, environmentally-friendly sustainable components.

All work is to be done according to industry standard practices, within all Federal and State regulations and current building codes, utilizing current safety practices, skills and materials appropriate to this type of work.

1.2 SUBMITTALS

The Contractor shall submit, prior to start of work:

a. To the Government Representative:

1. Documentation showing the proposed replacement components, subcomponents, hardware, control systems, associated replacement electrical wiring, transition pieces to be used and proposed plans for installation. Work is not to proceed until plan is approved by the Government Representative.

b. To the Project Manager:

1. The Accident Prevention Plan per the USACE Safety Manual, EM 385-1-1

(2014). Reference the checklist in Appendix A to ensure all necessary inclusions are addressed. Ultimate approval or disapproval of the APP will be by the USACE Albuquerque District Safety Officer. The manual can be found free online at: http://www.usace.army.mil/SafetyandOccupationalHealth.aspx

2. Project Manager, Trevor Wallin, can be contacted at (505) 465-0307 and by email at william.t.wallin@usace.army.mil.

3. Documentation showing the proposed materials to be used and proposed plan for all refit activities.

The Contractor shall submit upon closeout of work:

a. To the Government representative:

1. Complete set of itemized specifications depicting all equipment and materials that were installed under this contract.

2. Complete hard copy set of Manufacturer’s Operation and Maintenance Manuals for all components that were installed.

b. To the Project Manager:

1. One (1) hard copy and one (1) electronic copy of Operation and Maintenance Manual for all components in the new system installed under this contract.

1.3 POINTS OF CONTACT. Refer to the contract coversheet for Contracting Officer contact information.

Government Representative:

William (Trevor) Wallin

(505) 465-0307, ext. 10 William.T.Wallin@usace.army.mil

Point of Contact:

Tom Nys

(505) 465-0307, ext. 14 thomas.r.nys@usace.army.mil

1.4 LOCATION OF WORK. Cochiti Dam and Reservoir Administrative Offices, North Wing, 82 Dam Crest Road, Pena Blanca, NM 87041.

1.5 TIME. All contract work shall be completed no later than 60 days from date of Notice to Proceed. The Contractor shall work during normal Federal working hours: Monday through Friday, 0730-1600. No work shall be performed outside of these hours or during Federal holidays unless prior arrangements are made with and approved by the Operations Manager, Cochiti Dam (505) 465-0307.

1.6 GOVERNMENT FURNISHED MATERIAL. Other than the existing building structure and utility room configurations themselves, there are no Government furnished materials supplied or required to accomplish any of the work identified in this contract. The Contractor shall furnish adequate labor, tools, materials and equipment to satisfactorily perform the work within the contract period.

1.7 UTILITIES. The facility’s existing three-phase power will be utilized to power the new

HVAC system. Any other utilities, equipment, or tools, etc. required to properly complete the project shall be supplied by the Contractor at no additional cost to the Government.

1.8 WORK ACCESS and STAGING AREA. The Contractor shall have full, escorted access to the work area during normal Federal working hours. Any required staging or easement area outside the fenced yard shall be clearly coordinated with, and approved in advance by, the Operations Manager, Cochiti Dam.

1.9 SECURITY. The Contractor shall secure and transport their own tools and equipment to and from the work site as appropriate. The Contractor shall coordinate in advance with the Operations Manager to secure any tools and equipment to be left on site outside of regular business hours. The Government shall not be held liable for theft or damage to the Contractor’s tools or equipment left on site.

Per the guidelines mandated with the implementation of OPORD 2013-74: Integrating Antiterrorism and Operations Security (OPSEC) into the USACE Acquisition Process, the following OPSEC provisions apply to this requirement.

1.9.1 General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures—this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

1.9.2 Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

1.9.3 Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say Something): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

1.9.4 Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

1.10 PRE-WORK CONFERENCE (Pre-Con). After receipt of Contract Award and prior to work startup the Contractor shall meet with the Government for discussion of the work to be performed. The Contractor shall thoroughly familiarize him/herself with the details of the scope of work, quality control, inspection criteria, safety requirements and working conditions. Contractor shall advise the Government Representative of any discrepancies or conflicts before performing any work. The Contractor shall submit a work schedule and safety plan and shall coordinate a work start date with the Government Representative at this meeting.

1.11 SUBCONTRACTING. Contractor may subcontract any phase or portion of the work.

However, such subcontract shall not relieve Contractor from compliance fully with the specifications and enforcing the use of all required safety equipment by the subcontractor and his employees providing any phase of the work. Contractor shall require and verify that all materials and methods used by subcontractor are consistent with the contract documents.

1.12 SUPERVISION. The Contractor shall give his/her personal supervision to the work or have a competent foreman or superintendent to act for him/her with authority at all times work is in progress.

1.13 PERSONNEL. The work under this contract shall be performed by competent, properly trained and (as applicable) properly certified personnel. The Contracting Officer (KO) has the final authority to approve or disapprove all Contractor employees.

1.14 DAMAGE TO GOVERNMENT and PRIVATE PROPERTY. Any damage to Government or Private Property in the contractor’s possession shall be repaired and/or replaced in a timely manner with no additional cost to the Government. The Contractor shall notify the KO immediately of any damage to property and/or injury to any person resulting from his/her operations.

1.15 CLEANUP. The Contractor shall clean up all work areas daily and place all waste, debris or hazardous materials created by this work in proper disposal containers and in a State approved landfill or waste receiving/disposal facility.

1.16 PERMITS. The Contractor shall, without additional expense to the Government, be responsible for obtaining all required insurance coverage, licenses, permits and clearances;

and for complying with all applicable Federal, State, County and Local codes, laws, statutes, ordinances and regulations in connection with the execution of this work.

1.17 FIRST AID. Contractor shall provide in the immediate vicinity of the work area a complete

OSHA approved first aid kit for their employee use.

1.18 WARRANTY OF WORK. The Contractor shall warrant that all work performed and that all the materials utilized in this contract are free of any defect in material supplied, design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier. A written copy of said warranty signed and dated by the Contractor shall be provided to the POC at job completion and is required for the completed job to be fully accepted and approved by the KO. This warranty shall continue for a period of one year from the date of final acceptance of the work by the KO.

1.19 EXECUTION OF WARRANTY. The KO will notify the contractor, in writing, within a reasonable time after discovery of any failure, defect, or damage to the work involved in this contract scope. The Contractor shall without any additional cost to the Government and in a reasonable amount of time fully restore any deficient work and fulfill completely the terms and conditions of the warranty. The Contractor’s warranty with respect to work repaired or replaced will run for one year from the date of repair or replacement. If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure at the Contractor’s full expense. The Contractor shall warrant that any warranty work performed under this contract conforms to the contract requirements and is free of any defect in material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier. A written copy of said subsequent warranty signed by the Contractor shall be provided to the KO at warranty work completion.

1.20 SITE ACCEPTANCE. Upon completion of the work the premises shall be left clean and orderly. All work shall be accomplished in a workmanlike manner and shall be of a professional quality.

1.21 PAYMENT. One Final Payment to the Contractor of the full contract amount will be made upon proper completion and acceptance and approval of the contract work by the administering office. The contractor will submit an invoice payment request directly and only to the Project Manager for processing by the Army Finance Center upon Government acceptance and issuance of the warranty certificate.

PART 2 – PRODUCTS AND MATERIALS

2.1 MATERIALS. All materials used on this project shall be new, of proper type and grade, of USA manufacture, as herein specified and shall be subject to approval. Rejected materials shall be promptly removed by the Contractor from the project site, properly disposed of and replaced in a timely manner with acceptable materials at no additional expense to the Government.

2.2 BASIC REQUIREMENTS. All work shall be accomplished only as recommended by industry practices and standards and the manufacturer’s specific requirements and as specified. Materials of every description shall meet and or exceed performance data as specified in EM 385-1-1 and/or these specifications. Material specification and data sheets as published by the material manufacturer shall be submitted before start of work and shall be subject to approval.

PART 3 – EXECUTION OF WORK

3.1 FACILITIES, EQUIPMENT AND LABOR. The Contractor shall furnish adequate labor, vehicles, tools and other equipment to satisfactorily perform the complete contract work on schedule. Any additional shop, labor, tools or equipment required by the Contractor in order to satisfactorily complete the contract on schedule shall be provided by the Contractor at no additional expense to the Government. As required, all labor shall have proper training and certification. All equipment is subject to inspection for job suitability and compliance with Office of Safety and Health Administration (O.S.H.A.) regulations and the Army Engineer Manual: EM 385-1-1 U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL (30 Nov 2014 Edition).

3.2 SAFETY REQUIREMENTS. All work performed and all tools, equipment used to perform work under this contract shall be in strict accordance with all applicable O.S.H.A.

regulations and the EM 385-1-1 U.S. Army Corps of Engineers SAFETY AND HEALTH REQUIREMENTS MANUAL (30 Nov 2014 Edition) and the “29 CFR 1926” OSHA REGULATIONS. A copy of EM 385-1-1 is available free of charge online (http://www.usace.army.mil/SafetyandOccupationalHealth.aspx).

3.3 JOB HAZARD ANALYSIS (SAFETY PLAN). Prior to start of work, Contractor shall submit to the Government Representative a full Job Hazard Analysis/Safety Plan (hereinafter also referred to as ‘safety plan’) outlining all of the known hazards of the various stages of work of this project and those actions to be taken by the Contractor to eliminate and/or minimize these hazards. The Safety Plan can be comprised partly of the Contractor’s Company Safety Policy and/or General Safety Handbook but must still contain a separate listing of each specific hazard of this project and the corrective/minimizing actions to be taken. The safety plan shall be subject to the approval of the Government Representative.

3.4 WORK CRITERIA: All contract work shall be conducted in strict accordance with all applicable Federal, State and local laws, codes and regulations in addition to the industry standards, guidelines and recommendations as established by but not limited to the following:

ANSI - American National Standards Institute.

AR - Army Regulations.

ASTM - American Society for Testing Materials.

AWWA - American Water Works Association CFR - Code of Federal Regulations.

DA - Department of the Army.

DODI - Department of Defense Instruction.

NEC - National Electrical Code.

NFPA - National Fire Protection Association.

NSF - National Sanitation Foundation OSHA - Occupational Safety and Health Administration.

UL - Underwriter's Laboratory USACE - United States Army Corps of Engineers.

3.5 INSPECTION & QUALITY CONTROL. The Contractor shall provide thorough and constant inspection of this contract work with approved and proper quality control by competent, properly trained and (as applicable) properly certified personnel.

- - o o 0 o o - -

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 60 Days from NTP N/A COCHITI LAKE PROJECT OFFICE

82 DAM CREST RD

PENA BLANCA NM 87041-5015

FOB: Destination

968391

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

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 AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

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

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-18 Variation in Estimated Quantity APR 1984 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-33 Nonmanufacturer Rule SEP 2021 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 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 52.222-34 Project Labor Agreement JAN 2024 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

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

JUN 2016

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

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.226-1 Utilization Of Indian Organizations And Indian-Owned

Economic Enterprises

JUN 2000

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 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

MAR 2023

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-17 Layout of Work APR 1984 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Products and Commercial

Services

FEB 2024

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7006 Cost Limitation JAN 1997 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

(a) Definitions. As used in this clause--

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)--

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use-

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.204-28 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS--FEDERAL SUPPLY

SCHEDULES, GOVERNMENTWIDE ACQUISITION CONTRACTS, AND MULTI-AGENCY

CONTRACTS (DEC 2023)

(a) Definitions. As used in this clause--

Covered article, as defined in 41 U.S.C. 4713(k), means--

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following--

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency--

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Notice. During contract performance, the Contractor shall be required to comply with any of the following that apply: DHS FASCSA orders, DoD FASCSA orders, or DNI FASCSA orders. The applicable FASCSA order(s) will be identified in the request for quotation (see 8.405-2), or in the notice of intent to place an order (see 16.505(b)).

FASCSA orders will be identified in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition, with its Alternate II.

(c) Removal. Upon notification from the contracting officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any covered article or any product or service produced or provided by a source that is subject to an applicable Governmentwide FASCSA order (see FAR 4.2303(b)).

52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS--PROHIBITION (DEC

2023)

(a) Definitions. As used in this clause--

Covered article, as defined in 41 U.S.C. 4713(k), means--

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following--

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency--

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase "FASCSA order" in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement. (1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

https://www.sam.gov/ http://sam.gov/

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

(D) Name of the covered article or source subject to a FASCSA order;

(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;

(F) Brand;

(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the…