W912QR25BA009-0002.pdf

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or electronic communication 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 letter or electronic communication, provided each letter or electronic communication 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 NUMBER AS DESCRIBED IN ITEM 14.

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

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, 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.)

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

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

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

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

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

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBE

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

J 1 24

0002 24 APR 2025 P2 513392

W912QR

W072 ENDIST LOUISVILLE

KO CONTRACTING DIVISION, 600 DR MARTIN LUTHER KING JR PL

LOUISVILLE, KY 40202-2230

UNITED STATES

KARLA WRIGHT, EMAIL: KARLA.B.WRIGHT@USACE.ARMY.MIL

SCD: PAS:

W912QR25BA009

28 MAR 2025

SEE SECTION G - CONTRACT ADMINISTRATION DATA

SEE SCHEDULE

W912QR25BA009-0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

AMENDMENT 0002Block 14 (Description of Amendment/Modification):

Solicitation Number W912QR25BA009 for the Construction of the Fire Station located at Youngstown ARS, Ohio is hereby amended as follows:

a. Standard Form (SF) 1442, Block 13 "Additional Solicitation Requirements" is revised to indicate that an offer guarantee is required.

b. The following requirements have been added to Section 00 20 00 - Instructions for Procurement:

Notice to Potential Bidders, requirement to implement National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171.

Requirement for contractor registration, representations and certifications in the System for Award Management database

Section 00 70 00 - Conditions of the Contract is amended as follows:

FAR ause 52.232-18 Availability of Funds is added by reference.

FAR lause 52.236-21 Specifications and Drawings for Construction is replaced with 52.236-21

(Alternate I).

FAR lause 52.244-6 Subcontracts for Commercial Products and Commercial Services is replaced with 52.244-6 (DEVIATION 2025-O0003).

FAR lause 52.228-15 Performance and Payment Bonds-Construction (Deviation 2020-O0016) is added by full text.

FAR lause 52.232-5 Payments under Fixed-Price Construction Contracts is added by full text.

DFARS lause 252.225-7973 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft

Systems Representation (DEVIATION 2024-O0014) is added by reference.

DFARS lause 252.215-7008 Only One Offer is added by full text.

FAR clause 52.209-13 Violation of Arms Control Treaties or Agreements-Certification (Nov 2021) is revised to full text.

FAR clause 52.217-5 Evaluation of Options is revised to full text.

FAR clause 52.228-14 Irrevocable Letter of Credit is revised to full text.

FAR clause 52.229-11 Tax on Certain Foreign Procurements-Notice and Representation is revised to full text.

DFARS clause 252.236-7001 Contract Drawings and Specifications is revised to full text.

FAR clause 52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual

Method) is deleted.

FAR clause 52.236-13 Accident Prevention is deleted.

FAR clause 52.249-2 Termination for Convenience of the Government (Fixed- Price) is deleted.

The following changes have been made:

Section 00 20 00 - Instructions for Procurements

Miscellaneous text in this section has been added to:

NOTICE TO POTENTIAL BIDDERS/OFFERORS:

Implementation of National Institute of Standards and Technology (NIST)

In accordance with DFARS 204.7302, Contractors and Subcontractors are required to provide adequate security on all covered contractor information systems.

Contractors are required to implement National Institute of Standards and Technology (NIST) Special Publication (SP)800-171 by inclusion of clause at 252.204-7012, Safeguarding Covered Defense Information and Cyber incident Reporting, , are required at time of award to have at least a Basic NIST SP 800-171 DoD Assessment that is current (i.e., not more than 3 years old unless a lesser time is specified in the solicitation).

SPRS provides storage and access to the NIST SP 800-171assessment scoring information. To access the NIST SP 800-171 Assessments module, users must be registered in the Procurement Integrated Enterprise Environment (PIEE) https://piee.eb.mil/ and be approved for access to Supplier Performance Risk System (SPRS).

The NIST SP800-171 DoD Assessment Methodology is located at:

https://www.acq.osd.mil/asda/dpc/cp/cyber/safeguarding.html#nistSP800171

Vendor Help and Training Tutorials are available at https://www.sprs.csd.disa.mil/nistsp.htm

SAM REGISTRATION:

Contractors must register and complete the representation and certification requirements in the System for Award Management (SAM) database, available at https://sam.gov.

PLEASE ensure your annual SAM registration is current. Offerors must comply with the requirements of 52.204-7, 52.204-8, 52.232-33, and any other representation and certification requirements in this solicitation through SAM.

PLEASE NOTE: SAM is completely free of charge for both registrants and users.

Section 00 45 00 - Representations and Certifications

REPRESENTATIONS & CERTIFICATIONS

COMPANY NAME AND ADDRESS: __________________________________________

PHONE NUMBER _____________________ FAX NUMBER_____________________

EMAIL ADDRESS ________________________________________________________

BUSINESS SIZE (select one)

Large Business _____ Small Business_____ HUBZone Business_____ 8A _____

Woman-Owned____ Service-Disabled Veteran-Owned ____

Contractor is registered with System for Award Management: _____ YES _____ NO

(See FAR 52.204-7)

INDICATE Unique Entity Identifier __________________

(Note: See FAR 52.204-7. The Unique Identity Identifier is a 12-digit alphanumeric code.)

CAGE NO. _________

252.204-7017Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.May 2021 hereby reads as follows:

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."

(a) . "Covered defense telecommunications equipment or services," "covered mission,"Definitions "critical technology," and "substantial or essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) . Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub.Prohibition L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) . The Offeror shall review the list of excluded parties in the System for AwardProcedures Management (SAM) at for entities that are excluded when providing anyhttps://www.sam.gov equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it ____will ____ will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

Feb 1997 Alternate I Apr 198452.236-21(Alternate I)

Subcontracts for Commercial Products and 52.244-6 Commercial Services. (DEVIATION 2025-

Jan 2025 Deviation 2025-O0003Mar 2025

FAR Clauses Incorporated by Full Text

52.228-15Performance and Payment Bonds- Construction (Deviation 2020-O0016) (Jun 2020)Deviation 2020-O0016(Apr 2020)

52.228-15 Performance and Payment Bonds-Construction.

As prescribed in 28.102-3(a), insert a clause substantially as follows:

Section 00 70 00 - Conditions of the Contract Additional Information/Notes The following clauses were added:

Alternate/ Deviation

Variation Effective Date

FAR Clauses Incorporated by Reference

Number Title

52.232-18Availability of Funds.

Effective Date

Apr 1984

Specifications and Drawings for Construction.

PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (APR 2020) (DEVIATION 2020-

O0016)

(a) Definitions. As used in this clause-

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25, except that no seal is required). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment bonds (Standard Form 25A, except that no seal is required). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of clause)

52.232-5 Payments under Fixed-Price Construction Contracts. (May 2014)

As prescribed in , insert the following clause:32.111(a)(5)

Payments under Fixed-Price Construction Contracts (May 2014)

. The Government shall pay the Contractor the contract price as provided in this(a) Payment of price contract.

. The Government shall make progress payments monthly as the work proceeds, or(b) Progress payments at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

The Contractor's request for progress payments shall include the following substantiation:(1)

An itemization of the amounts requested, related to the various elements of work required by the(i) contract covered by the payment requested.

A listing of the amount included for work performed by each subcontractor under the contract.(ii)

A listing of the total amount of each subcontract under the contract.(iii)

A listing of the amounts previously paid to each such subcontractor under the contract.(iv)

Additional supporting data in a form and detail required by the Contracting Officer.(v)

In the preparation of estimates, the Contracting Officer may authorize material delivered on the site(2) and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if-

Consideration is specifically authorized by this contract; and(i)

The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the(ii) material will be used to perform this contract.

. Along with each request for progress payments, the Contractor shall furnish(c) Contractor certification the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that-

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

____ ( )Name

____ ( )Title

____ ( )Date

. If the Contractor, after making a certified request for progress(d) Refund of unearned amounts payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the Contractor shall-

Notify the Contracting Officer of such performance deficiency; and(1)

Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner(2) provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8 thday after the date of receipt of the unearned amount until-

The date the Contractor notifies the Contracting Officer that the performance deficiency has been(i) corrected; or

The date the Contractor reduces the amount of any subsequent certified request for progress payments(ii) by an amount equal to the unearned amount.

. If the Contracting Officer finds that satisfactory progress was achieved during any period(e) Retainage for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

. All material and work covered by progress payments made(f) Title, liability, and reservation of rights shall, at the time of payment, become the sole property of the Government, but this shall not be construed as-

Relieving the Contractor from the sole responsibility for all material and work upon which payments(1) have been made or the restoration of any damaged work; or

Waiving the right of the Government to require the fulfillment of all of the terms of the contract.(2)

. In making these progress payments, the Government shall, upon(g) Reimbursement for bond premiums request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

. The Government shall pay the amount due the Contractor under this contract after-(h) Final payment

Completion and acceptance of all work;(1)

Presentation of a properly executed voucher; and(2)

Presentation of release of all claims against the Government arising by virtue of this contract, other(3) than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of1940 (31 U.S.C.3727 and 41 U.S.

C.6305).

. Notwithstanding any provision of this contract, progress(i) Limitation because of undefinitized work payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A

"contract action" is any action resulting in a contract, as defined in FAR subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

. In accordance with 31 U.S.C.3903(c)(1), the amount(j) Interest computation on unearned amounts payable under paragraph (d)(2) of this clause shall be-

Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most(1) recent auction of such bills prior to the date the Contractor receives the unearned amount; and

Deducted from the next available payment to the Contractor.(2)

(End of clause)

DFARS Clauses Incorporated by Reference

Number Title Effective DateAlternate/ Deviation

Variation Effective Date

252.225-7973

Prohibition on the Procurement of Foreign- Made Unmanned Aircraft Systems###Representation. (DEVIATION 2024-O0014)

Aug 2024 Deviation 2024-O0014Aug 2024

(Dec 2022)

DFARS Clauses Incorporated by Full Text

252.215-7008 Only One Offer.

As prescribed at 215.408(3), use the following provision:

ONLY ONE OFFER (DEC 2022)

(a) . After initial submission of offers, if the Contracting OfficerCost or pricing data requirements notifies the Offeror that only one offer was received, the Offeror agrees to-

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable (10 U.S.C. 3705) or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 3702 and FAR 15.403-3); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) . If the Offeror is the Canadian Commercial Corporation,Canadian Commercial Corporation certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at

FAR 15.404-1).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S.

Contracting Officer that the proposed price is fair and reasonable [____ U.S. Contracting Officer to

].provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification

(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

(c) . Unless the Offeror is the Canadian Commercial Corporation, the Offeror shallSubcontracts insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

(End of provision)

The following clauses were modified:

52.209-13Violation of Arms Control Treaties or Agreements-Certification.Nov 2021 hereby reads as follows:

Violation of Arms Control Treaties or Agreements-Certification (Nov 2021)

(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.

(b) . [ ]Certification Offeror shall check either (1) or (2).

The Offeror certifies that-(1)

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.

gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or

The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of(2) this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.

gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless-

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has

(i) Waived application under 22 U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C. 2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

(End of provision)

52.217-5 Evaluation of Options.Jul 1990 hereby reads as follows:

Evaluation of Options (July 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

52.228-14 Irrevocable Letter of Credit.Nov 2014 hereby reads as follows:

Irrevocable Letter of Credit (Nov 2014)

"Irrevocable letter of credit" (ILC), as used in this clause, means a written commitment by a federally(a) insured financial institution to pay all or part of a stated amount of money, until the expiration date of the letter, upon presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor the offeror/Contractor can revoke or condition the letter of credit.

If the offeror intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as(b) performance and payment bonds, the letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used.

The letter of credit shall be irrevocable, shall require presentation of no document other than a written(c) demand and the ILC (including confirming letter, if any), shall be issued/confirmed by an acceptable federally insured financial institution as provided in paragraph (d) of this clause, and-

If used as a bid guarantee, the ILC shall expire no earlier than 60 days after the close of the bid(1) acceptance period;

If used as an alternative to corporate or individual sureties as security for a performance or payment(2) bond, the offeror/Contractor may submit an ILC with an initial expiration date estimated to cover the entire period for which financial security is required or may submit an ILC with an initial expiration date that is a minimum period of one year from the date of issuance. The ILC shall provide that, unless the issuer provides the beneficiary written notice of non-renewal at least 60 days in advance of the current expiration date, the ILC is automatically extended without amendment for one year from the expiration date, or any future expiration date, until the period of required coverage is completed and the Contracting Officer provides the financial institution with a written statement waiving the right to payment. The period of required coverage shall be:

For contracts subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of-(i)

Oneyear following the expected date of final payment;(A)

For performance bonds only, until completion of any warranty period; or(B)

For payment bonds only, until resolution of all claims filed against the payment bond during the one-(C) year period following final payment.

For contracts not subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of-(ii)

90 days following final payment; or(A)

For performance bonds only, until completion of any warranty period.(B)

(d)

Only federally insured financial institutions rated investment grade by a commercial rating service(1) shall issue or confirm the ILC.

Unless the financial institution issuing the ILC had letter of credit business of at least $25 million in(2) the past year, ILCs over $5 million must be confirmed by another acceptable financial institution that had letter of credit business of at least $25 million in the past year.

The Offeror/Contractor shall provide the Contracting Officer a credit rating that indicates the(3) financial institutions have the required credit rating as of the date of issuance of the ILC.

The current rating for a financial institution is available through any of the following rating services(4) registered with the U.S. Securities and Exchange Commission (SEC) as a Nationally Recognized Statistical Rating Organization (NRSRO). NRSRO's can be located at the website http://www.sec.gov /answers/nrsro.htm maintained by the SEC.

The following format shall be used by the issuing financial institution to create an ILC:(e)

____ [ ]Issuing Financial Institution's Letterhead orNameandAddress

Issue Date ____

Irrevocable Letter of Credit No. ____

Account party's name ____

Account party's address ____

For Solicitation No. ( )____ for reference only

To: [ ]U.S. Government agency

[ ]U.S. Government agency's address

1. We hereby establish this irrevocable and transferable Letter of Credit in your favor for one or more drawings up to United States $ . This Letter of Credit is payable at [____ issuing financial institution's

] office at [and, if any, confirming financial institution's issuing financial institution's address and, if any, ] and expires with our close of business on , or anyconfirming financial institution's address ____ automatically extended expiration date.

2. We hereby undertake to honor your or the transferee's sight draft(s) drawn on the issuing or, if any, the confirming financial institution, for all or any part of this credit if presented with this Letter of Credit and confirmation, if any, at the office specified in paragraph 1 of this Letter of Credit on or before the expiration date or any automatically extended expiration date.

3. [ .] ItThis paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered is a condition of this Letter of Credit that it is deemed to be automatically extended without amendment for oneyear from the expiration date hereof, or any future expiration date, unless at least 60 days prior to any expiration date, we notify you or the transferee by registered mail, or other receipted means of delivery, that we elect not to consider this Letter of Credit renewed for any such additional period. At the time we notify you, we also agree to notify the account party (and confirming financial institution, if any) by the same means of delivery.

4. This Letter of Credit is transferable. Transfers and assignments of proceeds are to be effected without charge to either the beneficiary or the transferee/assignee of proceeds. Such transfer or assignment shall be only at the written direction of the Government (the beneficiary) in a form satisfactory to the issuing financial institution and the confirming financial institution, if any.

5. This Letter of Credit is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. (Insert version in effect at the time of ILC____ issuance, e.g., "Publication 600, 2006 edition") and to the extent not inconsistent therewith, to the laws of

[State of confirming financial institution, if any, otherwise State of issuing financial institution].____

6. If this credit expires during an interruption of business of this financial institution as described in Article 17 of the UCP, the financial institution specifically agrees to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, ____ [ ]Issuing financial institution

The following format shall be used by the financial institution to confirm an ILC:(f)

][Confirming Financial Institution's Letterhead or Name and Address ____

(Date) ____

Our Letter of Credit Advice Number ____

Beneficiary: [ ]____ U.S. Government agency

Issuing Financial Institution: ____

Issuing Financial Institution's LC No.: ____

Gentlemen:

1. We hereby confirm the above indicated Letter of Credit, the original of which is attached, issued by [ ] for drawings of up to United States dollars /U.S. $____ name of issuing financial institution ____ ____ and expiring with our close of business on [ ], or any automatically extended____ the expiration date expiration date.

2. Draft(s) drawn under the Letter of Credit and this Confirmation are payable at our office located at

3. We hereby undertake to honor sight draft(s) drawn under and presented with the Letter of Credit and this Confirmation at our offices as specified herein.

4. [ .] ItThis paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered is a condition of this confirmation that it be deemed automatically extended without amendment for oneyear from the expiration date hereof, or any automatically extended expiration date, unless:

(a) At least 60 days prior to any such expiration date, we shall notify the Contracting Officer, or the transferee and the issuing financial institution, by registered mail or other receipted means of delivery, that we elect not to consider this confirmation extended for any such additional period; or

(b) The issuing financial institution shall have exercised its right to notify you or the transferee, the account party, and ourselves, of its election not to extend the expiration date of the Letter of Credit.

5. This confirmation is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. (Insert version in effect at the time of ILC____ issuance, e.g., "Publication 600, 2006 edition") and to the extent not inconsistent therewith, to the laws of

[State of confirming financial institution].____

6. If this confirmation expires during an interruption of business of this financial institution as described in Article 17 of the UCP, we specifically agree to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, ____ [ ]Confirming financial institution

The following format shall be used by the Contracting Officer for a sight draft to draw on the Letter(g) of Credit:

Sight Draft

____ [ ]City, State

(Date) [ ]____ Name and address of financial institution

Pay to the order of ____ [Beneficiary Agency] ____ the sum of United States $____. This draft is drawn under Irrevocable Letter of Credit No. ____.

____ [Beneficiary Agency] ____ [By]

(End of clause)

52.229-11 Tax on Certain Foreign Procurements-Notice and Representation.Jun 2020 hereby reads as follows:

Tax on Certain Foreign Procurements-Notice and Representation (Jun 2020)

(a) Definitions. As used in this provision-

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if-

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It is ____ is not ____ a foreign person; and

(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that-I am claiming on the IRS Form W-14 ____ a full exemption, or ____ partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then-

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.

irs.gov/help/tax-law-questions.

(End of provision)

252.236-7001 Contract Drawings and Specifications.Aug 2000 hereby reads as follows: As prescribed in 236.570(a), use the following clause:

CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall-

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title File Drawing No.

ndex of Drawings ____ G-002

(End of clause)

The following clauses were deleted:

Alternate/ Deviation

Variation Effective Date

FAR Clauses Incorporated by Reference

Number Title

52.222-32 (Actual Method).

52.236-13 Accident Prevention.

52.249-2 ermination for Convenience of the Government (Fixed- Price).

Effective Date

Aug 2018

Nov 1991

Apr 2012