2.1.1 RFP 70B03C26Q00000100 Solicitation and Provisions v.1.8.pdf
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- U. S. CBP, Southern Border Food Services IDIQ
- Solicitation number
- 70B03C26R00000100
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Summary of Solicitation for Food Services IDIQ Contract
This is a federal solicitation document (RFP) issued by U.S. Customs and Border Protection (CBP) for an Indefinite Delivery/Indefinite Quantity (IDIQ) contract to provide meal delivery and distribution services at four regional U.S. Border Patrol (USBP) locations: San Diego Sector, El Paso Sector, Rio Grande Valley Sector, and Miami Sector. The solicitation number is 70B03C26R00000100, issued on June 16, 2026, with an offer due date of June 30, 2026 at 10:00 A.M. PT. This is a small business set-aside (100%) under NAICS code 722310. The contract will be awarded to a single offeror and will have a 5-year ordering period from the award date. The minimum government guarantee is $15,000.00, with a maximum contract value of $85,000,000.00 distributed across regions: San Diego ($8,000,000), El Paso ($32,500,000), Rio Grande Valley ($42,500,000), and Miami ($2,000,000).
Task orders will use Firm Fixed Price (FFP) and/or Fixed Unit Pricing (FUP) based on fully-burdened fixed unit prices per meal. Offerors must submit proposals in three volumes: Volume I (Technical and Management Approach, including capability to provide required products and services, distribution capability, delivery methodology, food safety/quality control plan, evidence of consultation with registered nutritionist/dietitian, and facility health certificates); Volume II (Past Performance using an attached questionnaire documenting up to three similar contracts from the past three years); and Volume III (Pricing using attached regional pricing sheets). The evaluation will weight Technical and Management Approach and Past Performance equally, with both combined equal to Price. Questions must be submitted by the deadline listed in SAM.gov. Only warranted Contracting Officers from CBP's Border Enforcement Contracting Division may place orders under the resulting contract. Department of Labor Service Contract Labor Standards Wage Determinations apply to all orders and will be updated annually.
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12. DISCOUNT TERMS
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS
6. SOLICITATION
ISSUE DATE
3. AWARD/EFFECTIVE DATE 5. SOLICITATION NUMBER2. CONTRACT NUMBER 4. ORDER NUMBER
a. NAME b. TELEPHONE NUMBER (No collect calls)7. FOR SOLICITATION
INFORMATION CALL:
SET ASIDE : % FOR:
SMALL BUSINESS
NAICS:
SIZE STANDARD:
HUBZONE SMALL
BUSINESS
11. DELIVERY FOR FOB
DESTINATION UNLESS
BLOCK IS MARKED
SEE SCHEDULE
13b. RATING
14. METHOD OF SOLICITATION
IFB RFPRFQ
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY17a. CONTRACTOR/ CODE
OFFEROR
FACILITY
CODE
TELEPHONE NO.
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS
BLOCK BELOW IS CHECKED.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS
IN OFFER.
8(A)
00/00/0000 70B03C26R00000100
CHRISTOPHER J. SHAW 06/30/2026
DHS - Customs & Border Protection
Border Enforcement Contracting Division
1300 Pennsylvania Ave, NW
Washington DC 20229
722310
$47M
See Attached Delivery Schedule DHS - Customs & Border Protection Border Enforcement Contracting Division 1300 Pennsylvania Ave, NW
Washington DC 20229
US Customs and Border Protection
FAD Mail Stop 203-V
8899 E. 56th Street
Indianapolis IN 46249
PAGE OF PAGES1. REQUISITION NUMBERSolicitation/Contract/Order for Commercial Products and Commercial Services
Offeror to Complete Blocks 12,17,23,24, & 30 20157226 1 1
ORDER UNDER DPAS (15 CFR 700)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
100%UNRESTRICTED OR
13a. THIS CONTRACT IS A RATED
06/16/2026
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
24.
AMOUNT
22.
UNIT
23.
UNIT PRICE
SEE ADDENDUM
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
ECONOMICALLY DISADVANTAGED WOMEN-
OWNED SMALL BUSINESS (EDWOSB)
CODE
CODE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
31c. DATE SIGNED
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED.
ADDENDA ARE ARE NOT ATTACHED.
ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND
RETURN
AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR
OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
29. AWARD OF CONTRACT: REFERENCE
YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING
ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO
ITEMS:
OFFER DATED
30A. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE
SIGNED
31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
SEE SCHEDULE OF SUPPLIES/SERVICES. $0.00
Connie A. Mckay
COPIES TO ISSUING OFFICE. CONTRACTOR
10 SB Food Services IDIQ 1.000 AU
70B03C26R00000100
TABLE OF CONTENTS
SECTION I SCHEDULES
I.1 DESCRIPTION:
I.2 SCHEDULE OF SUPPLIES/SERVICES:
SECTION II CONTRACT CLAUSES
II.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
2.1 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402)
2.2 52.203-13 Contractor Code of Business Ethics and Conduct (JUN 2020)
2.3 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023)
2.4 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (31 U.S.C. 6101 note)
2.5 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C.
2313)
2.6 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)
2.8 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)) (DEVIATION – see FAR Class Deviation 26-03, Rev. 1)
2.9 52.219-28, Post award Small Business Program Representation (MAR 2023) (15 U.S.C. 632(a)(2)) (DEVIATION
– see FAR Class Deviation 26-03, Rev. 1)
2.10 52.222-3, Convict Labor (JUN 2003) (E.O. 11755) (DEVIATION – see FAR Class Deviation 26-10)
2.11 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212) (DEVIATION – see FAR Class Deviation 26-10)
2.12 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) (DEVIATION – see FAR Class Deviation 26-10)
2.13 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212) (DEVIATION – see FAR Class Deviation 26-10)
2.14 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (DEVIATION – FAR Class Deviation 26-10)
2.15 52.222-41 Service Contract Labor Standards (AUG 2018) (DEVIATION – FAR Class Deviation 26-10)
2.16 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627) (DEVIATION
– see FAR Class Deviation 26-10)
2.17 52.222-54 Employment Eligibility Verification (NOV 2021) (DEVIATION – FAR Class Deviation 26-10)
2.18 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (DEVIATION – FAR Class Deviation 26-
10) 7
2.19 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (DEVIATION – FAR 23 Class Deviation 26-12, Rev 1)
2.20 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (DEVIATION – FAR 23 Class Deviation 26-12, Rev 1)
2.21 52.224-3 Privacy Training, Alternate I (JAN 2017) (DEVIATION – FAR Class Deviation 17-03)
2.22 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024)
2.23 52.229-12 Tax on Certain Foreign Procurements
2.24 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C.
3332). 7 II.25 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) (DEVIATION – see FAR Class Deviation 25-19, Rev. 1) II.26 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) (DEVIATION – see FAR Class Deviation 26-10)
II.27 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
II.28 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) 7
II.29 52.216-18 ORDERING (AUG 2020)
II.30 52.216-19 ORDER LIMITATIONS (OCT 1995)
II.31 52.216-22 INDEFINITE QUANTITY (OCT 1995) (DEVIATION – see FAR Class Deviation 26-04) II.32 52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED LINE ITEM (APR 2026) (Deviation 24-05, Rev 1)
II.33 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
II.34 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
II.35 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
II.36 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF
COMMERCIAL ITEMS (JUL 2023)
II.37 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (AUG 2025)(DEVIATION 25-19)
II.38 52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY
CONTRACTS (AUG 2025)(DEVIATION 25-19)
II.39 52.212-4 CONTRACT TERMS AND CONDITIONS–COMMERCIAL PRODUCTS and COMMERCIAL
SERVICES (AUG 2025) (DEVIATION 25-21)
II.40 52.219-14 LIMITATIONS ON SUBCONTRACTING (JULY 2023) (DEVIATION JULY 2023)
II.41 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) DEVIATION – FAR Class Deviation 26-10) 18 II.42 52.222-55, MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026 (OCT
2023)(DEVIATION 24-02)
II.43 FAR 52.222-90, Addressing DEI Discrimination by Federal Contractors (APR 2026) (DEVIATION 26-10 Revision 2, APR 2026)
II.44 52.233-1 DISPUTES (AUG 2025) (DEVIATION 25-25)
II.45 52.233-3 PROTEST AFTER AWARD (AUG 2025) (DEVIATION 25-25)
II.46 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (AUG 2025) (DEVIATION 25-25 II.47 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (AUG 2025) (DEVIATION 25-23) II.48 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (APR 2026) (DEVIATION 26-10, Rev 2)
II.49 CONTRACT TYPE (OCT 2008)
II.50 SPECIFICATIONS, STATEMENT OF WORK, STATEMENT OF OBJECTIVES OR PERFORMANCE WORK
STATEMENT ATTACHED (JUN 2013)
II.51 ORDERING PERIOD (MAR 2003)
II.52 CONTRACTING OFFICER'S AUTHORITY (MAR 2003)
II.53 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM (IPP)
(AUG 2024)
II.54 GOVERNMENT CONSENT OF PUBLICATION/ENDORSEMENT (MAR 2003)
II.55 DISCLOSURE OF INFORMATION (MAR 2003)
II.56 NON-PERSONAL SERVICE (MAR 2003)
II.57 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE (AUG 2022)
II.58 ADDITIONAL CONTRACTOR PERSONNEL REQUIREMENTS (OCT 2007)
SECTION III SOLICITATION PROVISIONS
III.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
III.2 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS (SEP 2024)
III.3 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS OR STATEMENTS – REPRESENTATION (JAN 2017)
III.4 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--
REPRESENTATION (NOV 2015)
III.5 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION (MAR 2026)
III.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
III.7 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
III.8 52.216-1 TYPE OF CONTRACT (APR 1984)
III.9 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
III.10 52.204-7, SYSTEM FOR AWARD MANAGEMENT (AUG 2025) (DEVIATION 25-19)
III.11 52.212-1 INSTRUCTIONS to OFFERORS–COMMERCIAL PRODUCTS and COMMERCIAL SERVICES (AUG 2025) (DEVIATION 25-21, Rev. 2) III.12 52.212-2 EVALUATION – COMMERCIAL PRODUCTS and COMMERCIAL SERVICES (AUG 2025)
(DEVIATION 25-21)
III.13 52.233-2 SERVICE OF PROTEST (AUG 2025) (DEVIATION 25-25)
III.14 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS
(AUG 2025) (DEVIATION 25-23)
III.15 ALTERNATE PROPOSALS (MAR 2003)
III.16 AGENCY LEVEL PROTEST NOTICE (APR 2003)
SECTION I SCHEDULES
I.1 DESCRIPTION:
This acquisition shall be conducted using the Federal Acquisition Regulation (FAR) Part 12 (FAR Class Deviation 25-21 R2) and 15 (FAR Class Deviation 26-08 R1). This solicitation is anticipated to result in a single award of an indefinite delivery / indefinite quantity (IDIQ) contract for the U.S. Customs and Border Protection (CBP) for the delivery and distribution of meals and other services as specified in the attached Statement of Work to the following four (4) regional U.S. Border Patrol (USBP) locations:
Region 1:
USBP San Diego Sector
Region 2:
USBP El Paso Sector
Region 3:
USBP Rio Grande Valley Sector
Region 4:
USBP Miami Sector
I.2 SCHEDULE OF SUPPLIES/SERVICES:
The Contractor shall provide resources necessary to support the requirements to achieve the objectives stated in the attached Statement of Work (SOW). See Appendix 1 of the SOW for additional information on locations applicable within each Region and Sector.
Task orders issued against the anticipated contract shall use a combination of Firm, Fixed Price (FFP) and/or Fixed Unit pricing (FUP) based on the contract’s established fixed unit prices and may include optional FFP or FUP CLINs for Increased Quantities in accordance with FAR 52.217-7 included herein.
Only warranted Contracting Officers from the following office, acting within the authority of their warrant, shall be allowed to place orders under any resultant Indefinite Delivery, Indefinite Quantity (IDIQ):
U.S. Customs and Border Protection Office of Acquisition Procurement Directorate Border Enforcement Contracting Division
The Minimum Government Guarantee of any contract that results from this solicitation is $15,000.00. The estimated values for each region (provided for informational purposes only, not as region-specific ceilings) and the Maximum Contract Value (see FAR 52.216-19(b)) for the total IDIQ contract shall be as follows:
Region 1:
USBP San Diego Sector – $8,000,000.00.
Region 2:
USBP El Paso Sector – $32,500,000.00.
Region 3:
USBP Rio Grande Valley Sector – $42,500,000.00.
Region 4:
USBP Miami Sector - $2,000,000.00.
Maximum Contract Value: $85,000,000.00
Any quantities provided in this solicitation, including any attachments, are estimates. An IDIQ that results from this solicitation will establish fully-burdened fixed unit pricing (per meal) for the services to be ordered under the IDIQ. The Government is not obligated to order services beyond the Minimum Government Guarantee. The contract will not obligate any funding. The individual Orders placed under the resulting contract obligate funding.
The attached Pricing Sheets (one for each Region) shall be used to provide Proposal pricing. Annual ordering periods are provided for pricing purposes only.
I.3 ORDERING PERIOD:
The ordering period of any resulting contract shall be as follows:
5 years from date of award.
The Department of Labor (DOL) Service Contract Labor Standards Wage Determinations attached are applicable to any Orders awarded and will be updated at each anniversary period of the award.
SECTION II CONTRACT CLAUSES
*In response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025, the Department of Homeland Security (DHS) has implemented the Revolutionary Federal Acquisition Regulation (FAR) Overhaul (RFO) through a series of class deviations. DHS Class Deviations are publicly available at https://www.dhs.gov/cpo-dhs-far-overhaul-deviations, and have been applied to this contract/order. Any updates to the FAR made pursuant to the RFO and subsequently adopted by DHS via class deviation, at or before the time of award, shall be deemed adopted and become the controlling and applicable clauses for this contract/order. All references to the FAR herein are to the applicable RFO DHS class deviations.
II.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov
(End of clause)
2.1 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).
2.2 52.203-13 Contractor Code of Business Ethics and Conduct (JUN 2020)
2.3 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023)
2.4 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (31 U.S.C. 6101 note).
2.5 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C.
2313).
2.6 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)
2.7 52.219-6 Notice of Total Small Business Set-Aside (MAR 2020) (DEVIATION – FAR Class Deviation 26-03 Rev. 1)
2.8 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)) (DEVIATION – see
FAR Class Deviation 26-03, Rev. 1).
2.9 52.219-28, Post award Small Business Program Representation (MAR 2023) (15 U.S.C. 632(a)(2)) (DEVIATION
– see FAR Class Deviation 26-03, Rev. 1).
2.10 52.222-3, Convict Labor (JUN 2003) (E.O. 11755) (DEVIATION – see FAR Class Deviation 26-10).
2.11 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212) (DEVIATION – see FAR Class
Deviation 26-10).
2.12 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) (DEVIATION – see FAR
Class Deviation 26-10).
2.13 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212) (DEVIATION – see FAR Class
Deviation 26-10).
2.14 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (DEVIATION – FAR Class Deviation 26-10)
2.15 52.222-41 Service Contract Labor Standards (AUG 2018) (DEVIATION – FAR Class Deviation 26-10)
2.16 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627) (DEVIATION – see FAR Class Deviation 26-10).
2.17 52.222-54 Employment Eligibility Verification (NOV 2021) (DEVIATION – FAR Class Deviation 26-10)
2.18 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (DEVIATION – FAR Class Deviation 26-
10)
2.19 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008)
(DEVIATION – FAR 23 Class Deviation 26-12, Rev 1)
2.20 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016)
(DEVIATION – FAR 23 Class Deviation 26-12, Rev 1)
2.21 52.224-3 Privacy Training, Alternate I (JAN 2017) (DEVIATION – FAR Class Deviation 17-03)
2.22 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024)
2.23 52.229-12 Tax on Certain Foreign Procurements
2.24 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C.
3332).
II.25 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
(DEVIATION – see FAR Class Deviation 25-19, Rev. 1).
II.26 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC
2010) (DEVIATION – see FAR Class Deviation 26-10).
II.27 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
II.28 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023)
II.29 52.216-18 ORDERING (AUG 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the contract award date through the end of the ordering period.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered ‘‘issued’’ when –
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or
(3) If sent electronically, the Government either --
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor’s email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
II.30 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one (1) system, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor--
(1) Any order for a single item in excess of $85,000,000.00;
(2) Any order for a combination of items in excess of $85,000,000.00; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal
Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or services from another source.
II.31 52.216-22 INDEFINITE QUANTITY (OCT 1995) (DEVIATION – see FAR Class Deviation 26-04)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the
Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.
The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period. provided, that the Contractor shall not be required to make any deliveries under this contract after the last Delivery Order has expired.
II.32 52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED LINE ITEM (APR 2026) (Deviation 24-
05, Rev 1)
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 no less than ten (10) calendar days before the additional services commence on individual task orders.
Performance of added services shall comply with the requirements identified in the Schedule. This clause shall only be used to purchase additional services within the contract’s scope and shall not be used to extend the term of the contract or order.
(End of Clause)
II.33 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
II.34 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of a task order issued under this contract by written notice to the Contractor within 5 DAYS of task order expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 DAYS days before the task order expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended task order shall be considered to include this option clause.
(c) The total duration of such a task order, including the exercise of any options under this clause, shall not exceed To Be
Determined at Task Order level.
II.35 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Department of Homeland Security Acquisition Regulation (HSAR) (48
CFR 30) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
II.36 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL
ITEMS (JUL 2023)
The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:
[The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.]
(a) Provisions.
[ ] 3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.
[ ] 3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.
[ ] 3052.247-70 F.o.B. Origin Information.
[ ] Alternate I
[ ] Alternate II
[ ] 3052.247-71 F.o.B. Origin Only.
[ ] 3052.247-72 F.o.B. Destination Only.
(b) Clauses.
[X] 3052.203-70 Instructions for Contractor Disclosure of Violations.
[X] 3052.204-71 Contractor Employee Access.
[] Alternate I
[] Alternate II
[] 3052.204-72 Safeguarding of Controlled Unclassified Information.
[] Alternate I
[] 3052.204-73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents.
[X] 3052.205-70 Advertisement, Publicizing Awards, and Releases.
[ ] Alternate I
[ ] 3052.209-72 Organizational Conflicts of Interest.
[ ] 3052.209-73 Limitation on Future Contracting.
[ ] 3052.215-70 Key Personnel or Facilities.
[ ] 3052.216-71 Determination of Award Fee.
[ ] 3052.216-72 Performance Evaluation Plan.
[ ] 3052.216-73 Distribution of Award Fee.
[ ] 3052.219-71 DHS Mentor Protégé Program.
[X] 3052.228-70 Insurance.
[ ] 3052.236-70 Special Provisions for Work at Operating Airports.
[X] 3052.242-72 Contracting Officer’s Representative.
II.37 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (AUG 2025)(DEVIATION 25-19)
(a) Definitions. As used in this clause–
Commercial and Government Entity code means–
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics
Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location (referred to as “CAGE code”); or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency to entities located outside the United States and its outlying areas that the DLA CAGE Branch records and maintains in the CAGE master file (referred to as “NCAGE code”).
Unique Entity Identifier (UEI) means an identifier used to identify a specific commercial, nonprofit, or Government entity.
(b) Active registration.
(1) The Contractor shall maintain an active Federal Government contracts registration in the System for Award Management (SAM) at https://www.sam.gov during contract performance and through final payment under this contract. To maintain an active registration in SAM, the Contractor shall review at least annually its registration in SAM and validate that the information is current, accurate, and complete.
(2) The Contractor is responsible for the currency, accuracy, and completeness of the information provided within
SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete information.
Updating SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(c) Novation and change-of-name agreements.
(1) If the Contractor has legally changed its business name or “doing business as” name (whichever is shown on the contract), or has transferred the assets used to perform the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in part 42 of the Federal Acquisition Regulation (FAR), the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to–
(i) Change the legal business name in SAM;
(ii) Comply with the requirements of FAR part 42; and
(iii) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with its written notification sufficient documentation to support the legally changed name.
(2) If the Contractor fails to comply with the requirements of paragraph (c)(1) of this clause, or fails to perform the agreement at paragraph (c)(1)(iii) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.
(d) Assignees.
(1) The Contractor shall not change the legal business name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR part 32).
Assignees shall be separately registered in SAM.
(2) Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.
(e) Unique entity identifier (UEI). The Contractor shall ensure that its UEI is maintained throughout the life of the contract.
(f) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the CAGE code is maintained throughout the life of the contract. To update a CAGE code, the Contractor shall initiate the change by updating its SAM registration.
(g) Communicating changes. The Contractor shall communicate any change to its UEI or CAGE code to the Contracting
Officer within 30 days after the change, so a modification can be issued to update the UEI or CAGE code on this contract. A change in the UEI does not necessarily require a novation.
II.38 52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS
(AUG 2025)(DEVIATION 25-19)
First-tier subcontract means a subcontract awarded directly by the Contractor to acquire supplies or services (including construction) for performing a prime contract. It does not include the Contractor's supplier agreements with vendors, https://www.sam.gov/ such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a contractor's general and administrative expenses or indirect costs.
(b) Requirement. The Contractor shall report, according to paragraphs (c) and (d) of this clause, annually by October 31, for services performed during the preceding Government fiscal year (October 1-September 30) under this contract for orders that exceed the thresholds established in 4.303(b).
(c) Report elements. The Contractor shall report the following information:
(1) Contract number and order number.
(2) The total dollar amount invoiced for services performed during the previous Government fiscal year under the order.
(3) The number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year.
(4) Data reported by subcontractors under paragraph (f) of this clause.
(d) Remedies. The Contractor shall submit the information required in paragraph (c) of this clause in the System for Award
Management (SAM) at https://www.sam.gov (see SAM User Guide). If the Contractor fails to submit the report in a timely manner, the Contracting Officer will exercise appropriate contractual remedies. In addition, the Contracting Officer will make the Contractor's failure to comply with the reporting requirements a part of the Contractor's performance information under the Federal Acquisition Regulation part 42.
(e) Review. Agencies will review Contractor-reported information for reasonableness and consistency with available contract information. If the agency believes that revisions to the Contractor’s reported information are warranted, the agency will notify the Contractor no later than November 15. By November 30, the Contractor shall revise the report, or put its reason in writing for the agency.
(f) First-tier subcontracts.
(1) The Contractor shall require each first-tier subcontractor providing services under this contract, with subcontract(s) each valued at or above the thresholds set forth in 4.303(b), to provide the following detailed information to the Contractor in sufficient time to submit the report:
(i) Subcontract number (including subcontractor name and unique entity identifier); and
(ii) The number of first-tier subcontractor direct-labor hours expended on the services performed during the previous Government fiscal year.
(2) The Contractor shall tell the subcontractor that the information will be made available to the public as required by section 743 of Division C of the Consolidated Appropriations Act, 2010.
II.39 52.212-4 CONTRACT TERMS AND CONDITIONS–COMMERCIAL PRODUCTS and COMMERCIAL SERVICES
(AUG 2025) (DEVIATION 25-21)
(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.
(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights –
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall –
(1) Notify the Contracting Officer in writing as soon as possible;
(2) Remedy the delay as quickly as possible; and
(3) Notify the Contracting Officer when the occurrence is over.
(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment –
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.
3903) and prompt payment regulations at 5 CFR Part 1315.
(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the
Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall –
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the –
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(5) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if –
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer
(see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.
destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the
Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the
Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.
(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services;
(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized
Obligations paragraphs of this clause;
(3) Other contract clauses incorporated in the solicitation or contract;
(4) Addenda to this solicitation or contract;
(5) Solicitation provisions incorporated in the solicitation;
(6) Other paragraphs of this clause;
(7) Other documents, exhibits, and attachments; and
(8) The specification.
(s) Unauthorized obligations.
(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.
1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
II.40 52.219-14 LIMITATIONS ON SUBCONTRACTING (JULY 2023) (DEVIATION JULY 2023)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that--
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to--
(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;
(4) Orders expected to exceed the simplified acquisition threshold and that are--
(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and
16.505(b)(2)(i)(F); or
(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);
(5) Orders, regardless of dollar value, that are--
(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d)…
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