W912QR24R0014-0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

c. The due date is hereby extended to 1:00 PM Eastern Time on 19 April 2024.

d. All Amendments must be acknowledged.

e. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 10

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

16C. DATE SIGNED

BY

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912QR24R0014

X 9B. DATED (SEE ITEM 11)

20-Feb-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

Solicitation W912QR24R0014 for the Camp Arifjan Microgrid is hereby amended as follows:

52.211-10 is hereby revised to Clarify work to be complete 919 calendar days after Administrative Notice to Proceed.

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS – REQUIREMENTS FOR ISSUANCE OF NOTICE TO PROCEED is revised to provide documents to the Contracting officer within ten (10) Calendar days after award in accordance w ith block 12B on the SF144 .

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

02-Apr-2024

CODE

U. S. ARMY ENGINEER DISTRICT, LOUISVILLE

600 DR. MARTIN LUTHER KING, JR. PLACE

ROOM 821

LOUISVILLE KY 40202-2239

W912QR 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912QR24R0014-0002

W912QR24R0014

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 05-Apr-2024 01:00 PM to 19-Apr-2024 01:00 PM.

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The following have been modified:

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 919 Calendar Days after administrative Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

The following have been modified:

SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION

The Contracting Officer, William B. Gevedon, will administer this contract at the following address:

U.S. Army Corps of Engineers Louisville District (LRL) E-mail: William.b.Gevedon@usace.army.mil Contracting Officer’s Representative: A Contracting Officer’s Representative (COR) will be appointed in writing by the Contracting Officer under this contract. The COR will conduct oversight of the contract work and report to the Contracting Officer. The COR will not have authority to change the terms of the contract or obligate funds of the government.

SUBMITTING PAY ESTIMATES AND PAYMENTS TO THE CONTRACTOR

a. The contractor shall use Engineer Form 93 (ENG 93), Payment Estimate – Contract Performance, as its request for payment. The Contractor must submit the certification at FAR Clause 52.232-5, paragraph (c) along with each request for progress payment. The ENG Form 93 shall be sent to the Contracting Officer’s Representative for certification that the work invoiced has been performed. All payments made by the U.S. Government to the contractor for work performed under this contract will be made in U.S. Dollars.

b. Progress payments are authorized under a construction contract in accordance with Contract Clause 52.232- 5, “Payments Under Fixed-Price Construction Contracts,” which states that the Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer. The Contracting Officer will review and approve requests for progress payments in accordance with the “Payments under Fixed-Price Construction Contracts” clause of the contract, Section 0072 00. When the work is certified complete and a proper invoice has been received, the Contracting Officer can process the invoice for payment through the cognizant finance and accounting office.

Method of Payment - Electronic Funds Transfer

c. Method of Payment shall be made by:

(1) Electronic funds transfer

d. A Release of Claims statement shall be obtained prior to making final payment. The final invoice shall have the following statement on the invoice: “RELEASE OF CLAIMS.” Upon acceptance and payment of this final invoice, the Government is hereby released from all Claims, arising by virtue of this Contract, other than claims in the stated amounts indicated below.

None

e. For purposes of determining the contractor’s compliance with clause 52.236-1, Performance of work by Contractor, the Government will require the contractor to provide the following certified information with each monthly progress payment. This information will allow the Government to verify that the contractor is in compliance with the requirement for performance of work on site with its forces. Failure to provide the certification may result in rejection of the progress payment. The contractor may use the dollar amount of paid costs for on-site labor or the number of on-site man hours worked to meet this requirement.

Progress Payment Reference Number: ___________________ A) Value/hours of total on-site labor previously paid/incurred: __________ B) Value/hours of prime contractor on-site labor forces previously paid/incurred: __________ C) Value/hours of all on-site Labor in this progress payment: __________ D) Value/hours of on-site labor in this payment performed by prime contractor forces: __________ E) Total value/hours of all on-site labor for contract (A + C): __________ F) Total Value/hours of on-site labor by prime contractor forces for contract (B + D): __________ Percentage of work performed by contractor to date: (F divided by E): _________% I certify that the above information is current, accurate and complete to the best of my knowledge and that I have the authority to provide the information requested on this form.

DATE NAME

POSITION, COMPANY

INSTALLATION ACCESS

Work under this contract may be performed at a location with security and access control procedures. Compliance with base pass and access procedures, as well as understanding of the time frames for obtaining base passes and access are the sole responsibility of the Contractor and is required to be accomplished prior to initiation of the process for gaining access to controlled sites. Contractor shall be responsible for determining the nature and amount of any fees required. Contractor is responsible for all workers granted access pursuant to work under this contract.

INDIVIDUAL/WORKERS FROM COUNTRIES OF CONCERN

The information contained in this Paragraph is for informational purposes only. It is the Contractor’s responsibility to verify that the information provided is accurate and current. Compliance with base pass and access procedures, as well as understanding of the time frames for obtaining base passes and access, is the sole responsibility of the Contractor, and the procedures are subject to change. Contractor shall be responsible for determining the nature and amount of any fees required. The installation controls access to the project site and may impose controls and restrictions based on nationality and other factors, in the issuance of work visas and in granting or denying installation access to individuals, materials, and equipment. It shall be the responsibility of the Contractor to determine what such restrictions may apply to its workforce and to maintain an adequate workforce in Kuwait and secure installation access for sufficient personnel, materials, and equipment to perform the requirements of the contract, even as controls or restrictions on work visas and/or installation access change before or during the performance of the contract.

Citizens of the countries listed may be subject to additional levels of Host-Nation security screening. Additional screening may require significant additional time and/or prohibited access to the work site. Compliance with base pass and access procedures is the sole responsibility of the Contractor and this information is provided for informational purposes only.

Afghanistan

Cambodia Commonwealth of Independent States (including Armenia, Azerbaijan, Byelorussia, Kazakhstan, Kirghizia, Moldavia, Russia, Tadzhikistan, Turkestan, and Uzbekistan; the Kurile Islands; and South Sakhalin (Karafuto)).

Cuba Egypt Iran Iraq Libya North Korea (Communist Korea) Pakistan People’s Republic of China, including Tibet Syria Vietnam Lebanon Sudan Yemen Turkey Palestine

REQUIRED INSURANCE

It is Department of Labor policy that waivers do not apply to citizens or legal residents of the U.S. or to employees hired in the U.S. In addition, once granted, the waiver is only valid if alternative workers' compensation benefits are provided to the waived employees pursuant to applicable local law. If there are no local workers' compensation laws, the waiver has no effect and local and foreign nationals working under a U.S. contract are covered under the DBA. The current list of active DBA waivers is available at:

https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm

The waiver does not apply to any employees who are (1) Hired in the United States by any Contractor or Subcontractor; (2) Residents of the United States; or (3) Citizens of the United States.

Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the state in which this contract is to be performed in no event less than thirty (30) calendar days after written notice thereof to the Contracting Officer.

WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT) (APRIL 2011)

This Special Contract Requirement supplements FAR Clause 52.228-3, Workers’ Compensation Insurance (Defense Base Act).

The Contractor agrees to procure Defense Base Act (DBA) insurance pursuant to the terms of the contract. The Contractor shall obtain commercially available DBA insurance from a Department of Labor (DOL) authorized insurance carrier unless the contractor is under a self-insurance program approved by the DOL, or subject to waiver.

The DOL approved carriers and self-insured employers are listed at https://www.dol.gov/owcp/dlhwc/lscarrier.htm.

The Contractor shall submit proof of a valid DBA Insurance policy before issuance of the Notice to Proceed (NTP).

The Contractor agrees to insert a Special Contract Requirement substantially the same as this one in all subcontracts (at every tier) to which DBA is applicable.

Claims reporting – The Contractor shall make timely Defense Base Act insurance claims on behalf of each employee who is injured or killed in the course of their employment under this contract, and shall ensure that similar language is in each Subcontractor’s contract. The Contractor’s Safety officer shall, in addition to any other duties required to be performed under the contract, perform the following:

Make timely Defense base Act insurance claims on behalf of each employee who is injured or killed in the course of their employment under this contract; and

Make monthly written reports to the Contracting Officer, Administrative Contracting Officer, and the

District/Center Safety and Occupational Health manager, providing the names of each such injured or deceased employee, the circumstances surrounding each injury or death, the dates of each injury or death, the date the insurance claim was made on behalf of each employee, and the current status of each claim.

The District/Center Safety and Occupational Health Manager POC is:

Jeremy Ball email: Jeremy.L.Ball@usace.army.mil

The Insurance carrier/Broker will conduct periodic audits of actual contractor payroll amounts.

Failure to comply and purchase Defense Base Act (DBA) Insurance in accordance with FAR Clause 52.228-3, Workers’ Compensation Insurance (Defense Base Act),” shall be considered a material breach and could cause the contract to be terminated for default/cause.

COMPLIANCE WITH HOST COUNTRY RULES AND CUSTOMS

The laws of the host country may prohibit access to certain areas of the country that are under military control. The Contractor shall be responsible for advising the Contracting Officer of the names of personnel, type, and amounts of equipment, dates and length of time required at the site, and purpose of entering the host country, so that proper clearances may be obtained from the Host Government. It is understood that areas to which rights of entry are provided by the Host Government are to be used only for work carried out under the contract and no destruction or damages shall be caused, except through normal usage, without concurrence of the Host Government.

The following items are the sole responsibility of the Contractor to investigate, estimate as to cost, and assume the risk, as normally encountered by Contractors on fixed-price contracts. The Contractor shall be responsible for determining the effect of the following on his own cost of performance of the contract and for including sufficient amount in the contract price:

(1) Official language and type of accounts required to satisfy the officials of the local Government.

(2) Entry and exit visas, residence permits, and residence laws applicable to aliens. This includes any special requirements of the Host Government, including those required by local Labor Offices, which the Contractor may have to fulfill before an application for a regular block of visas will be accepted.

(3) Passports, health and immunization certificates, and quarantine clearance.

(4) Compliance with local labor and insurance laws, including payment of employer's share of contribution, collecting balance from employee and paying into insurance funds.

(5) Strikes, demonstrations and work stoppage.

(6) Collection through withholding and payment to local Government, of any Host Country income tax on employees subject to tax.

(7) Arranging to perform work in the host country, to import personnel, to employ non-indigenous labor, to receive payments and to remove such funds from the country.

(8) Operating under local laws, practices, customs and controls, and with local unions, in connection with hiring and firing, mandatory wage scales, vacation pay, severance pay, overtime, holiday pay, 7th day of rest, legal notice or pay in lieu thereof for dismissal of employees, slowdown and curtailed schedules during religious holidays and ratio of local labor employed in comparison to others.

(9) Possibility of claims in local bureaus, litigation in local courts, or attachment of local bank accounts.

(10) Compliance with workmen's compensation laws and contributions into funds.

(11) Provisions of necessary medical service for Contractor employees.

(12) Special license required by the local Government for setting up and operating any manufacturing plant in the host country, e.g., concrete batching, pre-cast concrete, concrete blocks, etc.

(13) Sales within the host country of Contractor-owned materials, and equipment.

(14) Special licenses for physicians, mechanics, tradesmen, drivers, etc.

(15) Identification and/or registration with local police of imported personnel.

(16) Stamp tax on documents, payments and payrolls.

(17) Base passes for permanent staff, day laborers, motor vehicles, etc.

(18) Compliance with all customs and import rules, regulations and restrictions, including, but not limited to, local purchase requirements.

(19) Unless otherwise provided in this contract, the contract price includes all applicable taxes and duties, except taxes and duties that the Government of the United States and the government of the country concerned have agreed shall not be applicable to expenditures in such country by or on behalf of the United States.

TAX ON FOREIGN PROCUREMENT

FAR provision 52.229-11 and FAR clause 52.229-12

FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons

– such as foreign contractors. It implements the Department of the Treasury’s final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign persons pursuant to certain contracts.

Pursuant to the FAR 52.229-3 Federal, State, and Local Taxes, taxes imposed under 26 U.S.C. 5000 C may not be included in the contract price or reimbursed.

Exemptions from this excise tax must be claimed by an Offeror when it submits, with its offer, a U.S. Department of Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/W14. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each contract payment. Failure to submit an IRS Form W-14 with each payment request will also result in an automatic withholding of 2 percent from the payment request. When filling out the IRS Form W-14 the following information may be used to complete Part I, Lines 6 and 7.

Line 6 Contract/reference number: TBD Line 7 “Name and address of the acquiring agency”:

Name: The U.S. Army Corps of Engineers Louisville District City or town, state or province: 600 Dr Martin Luther King Jr. Pl. Louisville, KY 40202 Country (do not abbreviate): United States

Any exemption claimed and self-certified is subject to audit by the IRS. Any disputes concerning this tax are adjudicated by the IRS because the Section 5000C tax is a tax matter not a contract issue. Offerors are encouraged to seek guidance from their own tax professionals for advice concerning the provision, clause, and exclusions exclusion/submission of IRS Form W-14. Additional information is also available at:

Notwithstanding the above, the USACE Louisville District does not have a means of withholding this excise tax at this time. As a result, contractors are expected to comply with the instructions above and to properly complete and return the W-14 at proposal submission, and with each pay application. The amount due for each withholding will be confirmed by USACE BUT WILL NOT BE WITHHELD. It is the contractor’s responsibility to set aside, or remit to the IRS, the amount confirmed by USACE. Whether the contractor sets the money aside for future payment to the IRS, or makes payment to the IRS, is the contractor’s discretion, based on its analysis of the regulations regarding the excise tax. In the event that USACE is able to withhold during contract performance, it will notify the contractor and make such a withholding (including any catch-up withholdings); no advance notice is required to the contractor prior to the withholding. Under no circumstances is USACE liable for any tax not paid by the contractor.

The contractor is liable for the tax, to the extent required by law, regardless of whether USACE makes a withholding.

FAR 29.204 expressly states that “[a]gencies merely withhold the tax (section 5000C tax) for the Internal Revenue Service (IRS). All substantive issues regarding the underlying section 5000C tax, e.g., the imposition of, and exemption from the tax, are matters under the jurisdiction of the IRS.” Therefore, we cannot help you determine how the tax law applies to you. We strongly recommend that you contact the IRS and/or a tax professional should you have any questions of this nature. To be clear, this letter does not constitute tax advice or a representation of your tax liability. Furnishing this information does not create liability for the U.S. Army Corps of Engineers for any Federal, state, or local taxes applicable to the above-referenced contract or any other contract.

For submission requirements and basis of evaluation:

Executed FAR Provision 52.229-11.

Completed IRS Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, if applicable. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each payment.

CONTRACTOR PERFORMANCE EVALUATIONS

In accordance with the provisions of Subpart 36.201 (Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), Construction Contractor’s performance shall be evaluated throughout the performance of the contract. For Construction Contracts awarded at or above $700,000.00, the USACE shall monitor the Contractors compliance with the past performance evaluation requirements (see 42.1502), and use the Contractor Performance Assessment Reporting System (CPARS) metric tools to measure the quality and timely reporting of past performance information.

Past performance evaluations shall be prepared at least annually and at the time the work under a contract or order is completed. Past performance information shall be entered into CPARS, the Government wide evaluation reporting tool for all past performance reports on contracts and orders.

Instructions for submitting evaluations into CPARS are available at http://www.cpars.gov/.

REQUIREMENTS FOR ISSUANCE OF NOTICE TO PROCEED

The following contract requirements (a) through (d) below must be provided to the Contracting Officer through the assigned Contract Specialist. No earlier deadline for meeting any requirement included herein is waived by this clause. The purpose of this clause is specifically to set forth prerequisites for issuance of Notice to Proceed.

FAILURE TO PROVIDE THE FOLLOWING ITEMS TO THE CONTRACTING OFFICER WITHIN TEN (10)

CALENDAR DAYS OF CONTRACT AWARD SHALL BE CONSIDERED A MATERIAL BREACH OF

CONTRACT AND COULD CAUSE THIS CONTRACT TO BE TERMINATED FOR DEFAULT/CAUSE.

a. Signed acknowledgement of the Notice of Award. You must provide a complete and signed copy of the Notice of Award to the Contracting Officer.

b. Proof of a valid DBA Insurance policy with Department of Labor’s (DOL) DBA insurance carriers for the Prime and all Subcontractors at every tier for performance of this contract. This is a contract requirement in accordance with FAR clause 52.228-3 “Worker’s Compensation Insurance (Defense Base Act)”. Proof of this insurance policy may be in the form of a paid invoice for DBA Insurance or an email from DOL’s insurance carrier sent to the Contracting Officer.

c. Provide original and fully executed Surety or other security for bonds in accordance with FAR 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION. The Contracting Officer has not determined it to be impracticable to provide bonds from U.S. Treasury-listed sureties, so any commercial surety bonds used to meet this requirement must be issued by U.S. Treasury-listed sureties.

d. Notice of Application of U.S. Criminal Jurisdiction. In accordance with DFARS clause 252.225-7040 “Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States”, you are required to notify any employee working on this contract who is a U.S. National about the overseas application of U.S. Criminal Jurisdiction. You must provide the Contracting Officer a copy of the “Notice of Application of U.S. Criminal Jurisdiction” that you will provide to your employees. If you will not employ U.S. Nationals on this contract, you must provide a statement of non-applicability to the Contracting Officer. Either the notice or statement of non-applicability shall be in the form of a memorandum on your company letterhead which has been signed by an authorized representative of your company.

TRAVEL WARNING NOTIFICATIONS

In accordance with DFARS 252.225-7043 “Antiterrorism/Force Protection Policy For Defense Contractors Outside the United States”, you are required to provide antiterrorism/force protection awareness information (i.e. Travel Warnings) to all employees performing work under this contract. You must provide the Contracting Officer a copy of these travel warnings that you will issue to your employees on your company letterhead and which has been signed by an authorized representative of your company.

PROOF OF SPOT ENTRY OF EMPLOYEES PERFORMING WORK UNDER THIS CONTRACT.

In accordance with DFARS 252.225-7995 “Contractor Personnel Performing in the United States Central Command Area of Responsibility”, you are required to record all personnel working under this contract in the Synchronized Pre-Deployment Operational Tracker (SPOT) system. The SPOT system is found at https://spot.dmdc.mil. This requirement is for all employees of the Prime and their Subcontractors at every tier of performance of this contract.

You are required to input personnel into the SPOT system and maintain this data during the entire performance period of the contract. If your company is not already registered in SPOT, Contractor company administrators should register for a SPOT account at https://spot.dmdc.mil; and the customer support team must validate user need.

This process may take two business days. Company supervisors will be contacted to validate Contractor company administrator account requests and determine the appropriate level of user access. Once you are registered you must input at least five (5) personnel into the SPOT system. All employees assigned to the job under the contract should be entered as soon as possible and the list maintained in a current status whenever personnel changes occur. When a contractor employee is required to have a visa to perform work in a particular country, the company must enter the visa details (visa number, expiration date, sponsor name, location where employee will perform work) into SPOT.

CONSTRUCTION MATERIALS UNDER THE BALANCE OF PAYMENT PROGRAM POLICY

No later than 1700 (Winchester, VA time), ten calendar days after the release of the solicitation, you are required to identify to the Contracting Officer, any construction material(s) which you believe should be exempt from the Balance of Payments Program (BPP), according to the rules set forth in the Defense Federal Acquisition Regulation Supplement (DFARS), Subpart 225.75. To make a determination on the requested exemption, the Contracting Officer must have the following information as to each construction material you believe should be exempt,

a. The type of construction material, including the Federal Supply Classification (FSC) code;

b. The basis for your belief that the item should be exempted from the BPP (when stating your basis for exemption, identify which exemption from DFARS 225.7501, subsections (a) – (c), applies; and

c. If relying upon the language at DFARS 225.7501(a)(1) or DFARS 225.7501(a)(7)(iv), provide the calculation performed in support of your exemption request. Failure to provide this information may result in the Contracting Officer being unable to make a determination as to the requested exemption from the BPP.

Construction materials are evaluated based on their FSC codes. FSC codes can be searched by Keyword at the Defense Logistics Agency website: https://public.logisticsinformationservice.dla.mil/H2/search.aspx. In the event of technical difficulties, the DLA website is not the only source for FSC codes.

When identifying the construction material, identify it by common name (e.g. wallboard) and FSC code (e.g. 5640).

In this example, all wallboard has the same FSC code and will be evaluated as one type of construction material.

That different types of wallboard may have differing characteristics (e.g. for wet spaces or different thicknesses) is immaterial as they all have the same FSC code. When stating your basis for exemption, identify which exemption from DFARS 225.7501, subsections (a) – (c), applies to each identified construction material. For ease of evaluation, use a four-column chart similar to the one at the end of this requirement. The Government may contact you regarding your BPP submission both pre-, or post-receipt of proposals. By submitting a proposal, you acknowledge that any exchange between your firm and the Government which is limited in scope to your BPP submission is not an exchange, as contemplated in FAR 15.306.

As per 41 USC § 134, the Simplified Acquisition Threshold (SAT) is currently $250,000 and is subject to change prior to the award or during performance of the contract. For purposes of BPP-related calculations, the SAT is whatever is prescribed by law at the time of the proposed action (i.e: if the SAT goes up during contract performance, use the higher SAT for calculation purposes).

Providing this information does not result in any guarantee that the Contracting Officer will exempt the construction materials your firm identifies in response to this request. The Contracting Officer may exempt all, some, or none of your firm’s requested construction materials in the awarded contract. Furthermore, the Contracting Officer may exempt all, some, or none of the construction materials requested by other offerors. Any information provided by your firm in response to this questionnaire may be incorporated in the awarded contract, whether or not your firm is selected for award.

Only those construction materials that the Contracting Officer determines to be exempt from the BPP will be identified in the awarded contract.

Regardless of which construction materials are exempted from the BPP, all materials required for this project must meet the quality standards and conditions required by the contract specifications. Additionally, notwithstanding BPP exemptions, the contractor is solely and exclusively responsible for ensuring that any construction materials are permitted for use on the project by relevant host nation laws and regulations (if any).

Nothing herein waives or modifies the requirements which prohibit contracting with Prohibited Sources. Non-compliance with the BPP provisions in the awarded contract may result in any or all of the following events:

a. The rejection of the construction material as non-compliant with the contract requirements and a direction from the Contracting Officer to re-procure compliant materials at the contractor’s own expense;

b. The acceptance of the (otherwise specification-complaint) construction material at a reduced cost because of BPP non-compliance;

c. The contract being terminated for default through breach of contract;

d. A referral to the cognizant authority for contractor suspension or debarment; and

e. A referral to the appropriate law enforcement agency if fraud is suspected.

FOR INFORMATIONAL PURPOSES ONLY – USE A FORM SUBSTANTIALLY SIMILAR TO THIS:

BPP Exemption Requests from Offeror: (Insert Offeror Name)

Construction Material Common Name

FSC Code Exemption Basis Rationale

(End of Summary of Changes)