W912QR20C0058 - Homestead ARB Air Traffic Control Tower Renovations.pdf

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Attached to: Install Fire Sprinkler System and Upgrades in B-708 Homestead, FL
Solicitation number: W912QR
Issued by: Department of the Army Corps of Engineers Engineering District Louisville

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W22W9K00720663

Construction Renovation of Air Traff ic Control Tow er located at Homestead AFB, FL.

Estimated Construction Cost is betw een $5,000,000.00 and $10,000,000.00

NAICS Code 236220 - Size Determination $36.5 Million

This is a Design-Bid-Build Procurement. In accordance w ith FAR 19.1307, the project requires the HUBZone 10% price evaluation

This project is a Full and Open procurement.

Central Contractor Registration and ORCA are now available through the System of Aw ard Management (SAM), available at w w w .sam.gov.

Offerors must comply w ith the requirements of 52.204-7, 52.204-8, 52.232-33, and any other CCR/ORCA requirements in this solicitation through SAM.

Technical inquiries and questions relating to the proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at http://projnet.org/projnet. Please see Section 00 21 00, Bidder Inquiry for further instructions.

Please see 52.236-27 for Site Visit Information.

Funds are not presently available for this acquisition. No contract aw ard w ill be made until appropriated funds are made available.

STEPHEN D RAMSEY 502.315.6214

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

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

NEGOTIATED

29-Sep-2020

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________480 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________15 Jun 2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

W912QR20C0058

7. ISSUED BY CODE

U. S. ARMY ENGINEER DISTRICT, LOUISVILLE

600 DR. MARTIN LUTHER KING, JR. PLACE

ROOM 821

LOUISVILLE KY 40202-2239

W912QR

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

502.315.6195 OR 6193FAX:TEL: 502.315.6172 TEL: FAX:

W912QR20R00310006 42

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

OFFER (Must be fully completed by offeror)

14. NAMEAND AOORESS OF OFFEROR (Include ZIP Code) 15. TB..EFtONENO. (Include area code)

LEGO Construction Co.

(305) 381-8421

1011 Sunnybrook Rd., Suite 905 16. REMTTTANCEAOORESS (Include only if different than Item 14)

Miami, FL 33163-2121 TIN: 20-4245999 See Item 14

DUNS: 825708287

CODE

54Y11 I FACLITY CODE

17. The offeror agrees to perform the w ork required at the prices specified below in strict accordance with the terrrs of this solicitation, if this offer is accepted by the Government in w riling within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

Al'vOUNTS SEE SCHBJULE OF PRICES

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

19. ACKNOVvi..BJGMENT OF AM:N!lv'B'ITS (The offerer acknowledges receipt of arrendrrents to the solicitation - give nurrber and date of each)

AMENavlENT NO.

DATE

20A. NAME Ar-D lTTLE OF PffiSON AUTHORIZB) TO SIGN 208. SIGNA TU

� 20C. OFFER DA TE

OFFER (Type or print) Luis Garcia, PresidenUCEO -7 6/15/2020

AWARD (To be completed by Government)

21. ITEMS ACCEPTID.

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DA TA

24. SUBMrT INVOICES TO AOORESS SHOWN IN ITBIII 25. OTI-iER THAN FULL AND OFEN OOMPETTTION PURSUANT TO (4 copies unless otherwise specified) D10 U.S.C. 2304(c) D41 U.S.C. 253(c)

26. AavllNISTERB) BY CODE I 27. PAYMENT \/VILL BE MADE BY: CODE I

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

□ 28. NB30TIA T8::> AGREEMENT (Contractor is required to sign this □ 29. AWARD (Contractor Is not required to sign this docurrent.)

docurrent and return __ copies to issuing office.) Contractor agrees Your off er on this solicitation, is hereby accepted as to the items listed. This award con-to f umlsh and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, cert�ications, and specifications or incorporated by refer-ence in or attached to this contract.

30A. NAME Af'-0 lTTLE OF CONTRACTOR OR PERSON AUTI-iQRIZB) 31A. NAME OF CONTRACTING OFFICER (Type or print)

TO SIGN (Type or print)

TE:L: E:MA.IL: 308. SIGNATURE 30C. DATE

31 B. UNrTED STA TES OF AlvERICA 31C. AWARD DATE

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

REVISED BY AMENDMENT 0002

002 003 001 004

5/14/20 5/21/20 5/29/20 6/5/20

8/17/20

9/10/20

USACE Finance Center (UFC) 5722 Integrity Drive Millington, TN 38054-5005

U.S. Army Corps of Engineers Louisville District 600 Dr M L King Jr Pl Louisville, KY 40202-2236

Emily Moore, Contracting Officer

$8,280,369.00

W912QR20C0058

Section SF 30 - Block 14 Continuation Page (SF 30)

ALTERATIONS PAGE

CONTRACT NO. W912QR20C0058

PROJECT: Air Traffic Control Tower Sprinkler System Renovations LOCATION: Homestead ARB, FL

CONTRACTOR: LEGO Construction Co.

1011 Sunny Brook Road Suite 905 Miami, FL 33136-2121

BLOCK 10:

Amendments 0001 – 0006 are hereby incorporated and made a part hereof.

BLOCK 21: ACCEPTED AS TO ITEMS NUMBERED

The Government accepts the base proposal and all options in the Lump Sum amount of $8,739,067.00.

BLOCK 22: AMOUNT

At this time, the Government is awarding the base proposal plus option one (1) in the amount of $8,280,369.00.00.

BLOCK 23: ACCOUNTING AND APPROPRIATION

057 NA 2020 2020 2020 3740.000 0000 6223 52576F00000 387700 NA 2379DD: $6,597,791.00 – FY20 Air Force Reserve Operation and Maintenance (O&M) Funding for Base CLIN 0001, and 0002 Items

057 NA 2020 2020 2020 3740.000 0000 6223 52576F00000 387700 NA 23KH3G: $1,682,578.00 - – FY20 Air Force Reserve Operation and Maintenance (O&M) Funding for Base and Option 1 CLIN 0003, 0004, and 0005 Items.

TOTAL: $8,280,369.00.

Section 00 10 00 - Solicitation

PRICE BREAKOUT SCHEDULE

PROJECT: INSTALL FIRE SPRINKLER SYSTEM & UPGRADES IN B-708

LOCATION: HOMESTEAD AIR RESERVE BASE, FLORIDA

PROPOSER’S NAME:_LEGO Construction, CO.___________________________

Base Proposal Item Description Estimated No. Quantity Unit Amount

0001 B-708 Control Tower (EEIC 52295) 1 Job $6,302,861.00

0002 Demolition (EEIC 52295) 1 Job $294,930.00

0003 B-709 Addition (EEIC 52995) 1 Job $984,482.00 (See item description for statutory limit)

0004 Site Improvements (EEIC 52995) 1 Job $654,689.00 (See item description for statutory limit)

TOTAL BASE PROPOSAL $8,236,962.00

Options Proposal

Item Description Estimated No. Quantity Unit Amount

0005 Canopy (EEIC 52995) 1 Job $43,407.00

May be exercised within 90 days of NTP

0006 FF&E B-709 (EEIC 6390B) 1 Job $134,686.00

May be exercised within 120 days of NTP

0007 FF&E B-708 (EEIC 6390B) 1 Job $166,555.00

May be exercised within 390 days of NTP

0008 FF&E B-708/B-709 (EEIC 6390B) 1 Job $157,457.00

May be exercised within 390 days of NTP

TOTAL OPTION PROPOSAL $502,105.00

TOTAL BASE PLUS OPTIONS PROPOSAL $8,739,067.00

EXPLANATION OF ITEMS

GENERAL:

This section comprises an explanation of the line items identified in the Price Breakout Schedule. This section is a general scope of work for the line items described in the Price Breakout Schedule and is not intended to be all encompassing in the description. All work specified herein shall be accomplished in accordance with the procedures prescribed in the technical provisions of the specifications and the plans/details as shown on the contract drawings. The contractor shall propose for each type of work under the applicable line item. Measurement for payment shall not be made. Payment described for the various line items shall be full compensation for all labor, materials, and equipment required to complete the work. Compensation for any item of work described in the contract but not listed in the Price Breakout Schedule shall be included in the payment for the item of work to which it is made subsidiary.

BASE PROPOSAL ITEM DESCRIPTIONS

1. Item No. 0001 "B-708 Control Tower (EEIC 52295)" includes all materials, plant, tools, labor costs, and other associated incidentals necessary to complete the superstructure, exterior, roof, interior construction, finishes, plumbing, HVAC, fire protection, and electrical work shown on the approved design drawings and specifications. For limits of work, this shall include all work within 5’ perimeter of tower with exception of generator equipment only (pad and any associated feeders shall be part of Item No. 0004 Site Improvements).

2. Item No. 0002 "Demolition (EEIC 52295)" includes all materials, plant, tools, labor costs, and other associated incidentals necessary to complete the non-hazardous selective demolition shown on the approved design drawings and specifications. In addition, contractor shall include necessary hazardous material demolition costs as provided in specifications Appendix for ACM and PCB survey (lead should be assumed to be present in all suspect materials – no survey performed by Government). This includes all demolition of the tower interior plus exterior demolition work to include B-7708, pavement, sidewalk, etc.

3. Item No. 0003 "B-709 Addition (EEIC 52995)" includes all materials, plant, tools, labor costs, and other associated incidentals necessary to complete the superstructure, exterior, roof, interior construction, finishes, plumbing, HVAC, fire protection, and electrical work shown on the approved design drawings and specifications. For limits of work, this shall include all work within 5’ perimeter of building footprint. The government will not make award of a proposal that exceeds $1,800,000 for CLINS 0003 and 0004 combined. The Government may not award a Contract to a proposal exceeding this for this line item.

4. Item No. 0004 "Site Improvements (EEIC 52995)" includes all materials, plant, tools, labor costs, and other associated incidentals necessary to complete the site improvements shown on the approved design drawings and specifications. Sidewalk, asphalt, concrete, and other site improvement items connecting B-708 to B-709 (from 5’ perimeter of buildings and out).

The government will not make award of a proposal that exceeds $1,800,000 for CLINS 0003 and 0004 combined. The Government may not award a Contract to a proposal exceeding this for this line item.

OPTION PROPOSAL ITEM DESCRIPTIONS

1. Item No. 0005 "Canopy (EEIC 52995)" includes all materials, plant, tools, labor costs, and other associated incidentals necessary to complete the entire canopy work to connect B-708 and future B-709 as shown on the design drawings and specifications. This shall include a deduction of cost for smaller canopies work included in the base proposal.

2. Item No. 0006 "FF&E (Furniture, Fixtures, and Equipment) B-709 (EEIC 6390B)" includes all materials, plant, tools, labor costs, and other associated incidentals necessary to complete the procurement and installation of items shown on the approved design drawings and specifications.

Contractor shall reference provided FF&E package for items to be purchased and installed as part of this line item. These items will be shown as labeled on drawings by option number.

3. Item No. 0007 "FF&E (Furniture, Fixtures, and Equipment) B-708 (EEIC 6390B)" includes all materials, plant, tools, labor costs, and other associated incidentals necessary to complete the procurement and installation of items shown on the approved design drawings and specifications.

Contractor shall reference provided FF&E package for items to be purchased and installed as part of this line item. These items will be shown as labeled on drawings by option number.

4. Item No. 0008 "FF&E (Furniture, Fixtures, and Equipment) B-708/B-709 (EEIC 6390B)" includes all materials, plant, tools, labor costs, and other associated incidentals necessary to complete the procurement and installation of items shown on the approved design drawings and specifications.

Contractor shall reference provided FF&E package for items to be purchased and installed as part of this line item. These items will be shown as labeled on drawings by option number.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job $6,302,861.00 $6,302,861.00 Base - B-708 Control Tower

FFP

Award is made for the Design/Bid/Build Renovation of the Air Traffic Control Tower located at Homestead ARB, MD. Contractor shall provide all labor, equipment, supplies and construction services in accordance with all drawings, specifications and their proposal.

A breakdown of line item pricing for the base proposal items can be found in the attached Price Breakout Schedule. Payment and Performance Bonds shall be submitted NLT ten (10) calendar days from date of award. Upon receipt and approval of bonds, the Notice to Proceed (NTP) will be issued. Contract duration is 480 calendar days from NTP.

FOB: Destination

PURCHASE REQUEST NUMBER: W22W9K00720663

PSC CD: Y1JZ

NET AMT $6,302,861.00

ACRN AA

CIN: W22W9K007206630002

$6,302,861.00

0002 1 Job $294,930.00 $294,930.00 Base - Demolotion

FFP

FOB: Destination

NET AMT $294,930.00

ACRN AA

CIN: W22W9K007206630004

$294,930.00

0003 1 Job $984,482.00 $984,482.00 Base - B-709 Addition

FFP

FOB: Destination

NET AMT $984,482.00

ACRN AB

CIN: W22W9K007206630006

$984,482.00

0004 1 Job $654,689.00 $654,689.00 Base - Site Improvements

FFP

FOB: Destination

NET AMT $654,689.00

CIN: W22W9K007206630008

$654,689.00

0005 1 Job $43,407.00 $43,407.00

EXERCISED

OPTION

Option 1 - Canopy

FFP

Option 1 is hereby exercised with this award.

FOB: Destination

NET AMT $43,407.00

CIN: W22W9K007206630010

$43,407.00

0006 1 Job $134,686.00 $134,686.00 OPTION Option 2 - FF&E B-709

FFP

Option 2 may be exercised within 120 days of NTP.

FOB: Destination

NET AMT $134,686.00

0007 1 Job $166,555.00 $166,555.00 OPTION Option 3 - FF&E B708

FFP

Option 3 may be exercised within 390 days of NTP.

NET AMT $166,555.00

0008 1 Job $157,457.00 $157,457.00 OPTION Option 4 - FF&E B708/B709

FFP

Option 4 may be exercised within 390 days of NTP.

NET AMT $157,457.00

ACCOUNTING AND APPROPRIATION DATA

AA: 057 NA 2020 2020 2020 3740.000 0000 6223 52576F00000 387700 NA 2379DD

AMOUNT: $6,597,791.00

AB: 057 NA 2020 2020 2020 3740.000 0000 6223 52576F00000 387700 NA 23KH3G

AMOUNT: $1,682,578.00

ACRN CLIN/SLIN CIN AMOUNT

AA 0001 W22W9K007206630002 $6,302,861.00

0002 W22W9K007206630004 $294,930.00

AB 0003 W22W9K007206630006 $984,482.00

0004 W22W9K007206630008 $654,689.00 0005 W22W9K007206630010 $43,407.00

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

Section 00 45 00 - Representations and Certifications

REPRESENTATION & CERTIFICATION

COMPANY NAME AND ADDRESS: LEGO Construction Co.

1011 Sunnybrook, Rd.

Miami, FL 33136-2121

PHONE NUMBER (305) 857-9916___________ FAX NUMBER (305) 857-9916____

EMAIL ADDRESS lgarcia@legocc.com______________________________________ BUSINESS SIZE (select one) Large Business _____ Small Business_____ HUBZone Business__X___ 8A _____ Woman-Owned ____ Service-Disabled Veteran-Owned ____ Contractor is registered with SAM: __X___ YES _____ NO (See FAR 52.204-7)

TAX ID # 20-424599____________

INDICATE Unique Entity Identifier (previously DUNS NUMBER) 825708287_________

CAGE NO. 54Y11______

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

CLAUSES INCORPORATED BY FULL TEXT

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( X ) is, ( ) is not a small business concern under NAICS Code 236220- assigned to contract number W912QR20R0031.

(Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

Section 00 70 00 - Conditions of the Contract

52.202-1 Definitions NOV 2013 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 SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 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

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 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

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

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

OCT 2015

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 APR 2011 52.215-2 Audit and Records--Negotiation OCT 2010 52.219-4 (Dev) Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (DEVIATION 2019-O0003).

JAN 2019

52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Alt II (Dev)

Small Business Subcontracting Plan (Deviation 2018-O0018)

- Alternate II

AUG 2018

52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 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 SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-37 Employment Reports on Veterans FEB 2016 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

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 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

AUG 2011

52.223-20 Aerosols JUN 2016 52.223-21 Foams JUN 2016 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets AUG 2018 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 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 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -

Alternate I

APR 1984

52.236-26 Preconstruction Conference FEB 1995 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items AUG 2019 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Alt I Value Engineering-Construction (Oct 2015) - Alternate I APR 1984 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7004 Display of Hotline Posters AUG 2019 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

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

MAY 2016

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

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

252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets and

Tungsten.

DEC 2019

252.227-7025 Limitations on the Use or Disclosure of Government- Furnished Information Marked with Restrictive Legends

MAY 2013

252.227-7033 Rights in Shop Drawings APR 1966 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7005 Airfield Safety Precautions DEC 1991 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

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 480 Calendar Days. The time stated for completion shall include final cleanup of the premises.

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $823.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within the number of days stated in the price breakout schedule. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

``Active duty wartime or campaign badge veteran,'' ``Armed Forces service medal veteran,'' ``disabled veteran,'' ``protected veteran,'' ``qualified disabled veteran,'' and ``recently separated veteran'' have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.225-11 BUY AMERICAN--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT

2019)

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

Caribbean Basin country construction material means a construction…

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