2043FY-26-Q-00055 Solicitation Document.pdf
PDF 504 KB Posted
- Attached to
- Sales Tax Data
- Solicitation number
- 5000225038
About this file
This is a Solicitation/Contract/Order for Commercial Items (Standard Form 1449) issued by the Internal Revenue Service (IRS) for sales tax data services.
The IRS Office of Procurement Operations seeks a contractor to provide State and Local sales tax data for developing General Sales Tax Tables and a Sales Tax Deduction Calculator for tax years 2026 through 2031. The contract consists of a four-month Base Period (Award through January 31, 2027) and four optional 12-month periods. The solicitation number is 2043FY-26-Q-00055, with an offer due date of August 10, 2026 at 7:00 AM. The NAICS code is 513120 with a small business size standard of 1,000 employees. This is an unrestricted acquisition using an RFQ method, with invoicing required through the Invoice Processing Platform (IPP). The contract type is Firm Fixed Price; pricing information is not populated in the provided document.
Key deliverables include: state general sales tax rates (Excel format, due within 60 days of award for Base Period; by August 8th in option years); state and local taxability data for spending categories (due within 70 days for state data, 80 days for local data in Base Period; by August 15th and 29th respectively in option years); and local general sales tax rates for ZIP Code/County/City combinations in CSV and pipe-delimited formats (due by December 9th). An orientation meeting must be held within ten business days of award. The contractor must register in the System for Award Management (SAM), comply with Section 508 accessibility standards, maintain basic cybersecurity safeguards, and comply with Federal Acquisition Supply Chain Security Act (FASCSA) prohibitions. The Contracting Officer is Karla Wheelan (karla.g.wheelan@irs.gov, 469-801-0777), located at IRS Office of Procurement Operations, 4050 Alpha Road, Farmers Branch, TX 75244-4201.
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Other files
| File | Type | Posted |
|---|---|---|
| UPDATED 2043FY-26-Q-00055 Solicitation Document.pdf | ||
| UPDATED SOLICITATION Cover Letter.docx | DOCX document | |
| SOLICITATION Instructions and Basis for Award.docx | DOCX document | |
| SOLICITATION Cover Letter.pdf | ||
| SOLICITATION IRS Sales Tax - Test UCC Categories.xlsx | XLSX spreadsheet | |
| SOLICITATION IRS Sales Tax - Test ZIP Code List.xlsx | XLSX spreadsheet |
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
RFQ IFB RFP
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR 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
29. AWARD OF CONTRACT: REF. OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NAICS:
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8 (A)
EDWOSB
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
5000225038
2043FY-26-Q-00055
Karla Wheelan 08/10/2026 7:00 AM
2050 0
513120
See Attached Delivery Schedule
See Attached Schedule(s)
IRS Office of Procurement Operations- RAAS/PGLD/OCRC/OLS Branch 4050 Alpha Road Farmers Branch, TX 75244-4201 KARLA WHEELAN karla.g.wheelan@irs.gov
469-801-0777
08/04/2026
1,000 employees
Invoices must be submitted via the Invoice Processing Platform (IPP) at www.ipp.gov
SALES TAX DATA IN ACCORDANCE WITH
THE STATEMENT OF WORK (SOW)
X
STANDARD FORM 1449 (REV. 2/2012) BACK
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
Line Item Table Item No. FSC Item Description QTY Unit Unit Price Total Value
0001 B507
BASE PERIOD:
Sales Tax Data in accordance with the Statement of Work
Period of Performance:
Date of Award – 01/31/2027
1 EA
1001 B507
OPTION YEAR 1:
Sales Tax Data in accordance with the Statement of Work
Period of Performance:
02/01/2027 – 01/31/2028
1 EA
2001 B507
OPTION YEAR 2:
Sales Tax Data in accordance with the Statement of Work
Period of Performance:
02/01/2028 – 01/31/2029
1 EA
3001 B507
OPTION YEAR 3:
Sales Tax Data in accordance with the Statement of Work
Period of Performance:
02/01/2029 – 01/31/2030
1 EA
4001 B507
OPTION YEAR 4:
Sales Tax Data in accordance with the Statement of Work
Period of Performance:
02/01/2030 – 01/31/2031
1 EA
Statement of Work Internal Revenue Service (IRS)
Research, Applied Analytics and Statistics (RAAS) Policy and Program Impact Lab
Project: Data for General Sales Tax Tables and Sales Tax Deduction Calculator for Tax Year.
The tables and calculator will be made available to taxpayers for the current tax year and subsequent years as applicable.
Introduction/Background The Internal Revenue Service (IRS) is required to have General Sales Tax Tables and to update the Sales Tax Deduction Calculator yearly for the IRS.gov website. United States tax law requires publication of State and Local General Sales Tax Tables for taxpayers who are eligible to deduct State and Local sales taxes. The IRS will use State and Local sales tax data for the current tax year to prepare these tables for following filing season.
Scope The IRS has a requirement for the contractor to provide Sales Tax Data, both State and Local, for the purpose of providing State and Local sales tax data to develop General Sales Tax Tables for Tax Year starting in 2026. United States individual taxpayers will use these tables to estimate the amount of general sales tax they paid during 2026 through the life of the contract as a possible income tax deduction.
Tasks/Deliverables
1. The Contractor shall organize an Orientation meeting within ten (10) business days of award and after the Contracting Officer’s Post Award/Kick-off meeting. The meeting shall include key managers and staff in the Policy and Program Impact Lab, as well as other IRS analysts and stakeholders as applicable. Topics for discussion shall include contractual tasks, deliverables, and timelines.
2. The Contractor shall provide State general sales tax rates as described below:
a. Data shall be provided in an Excel spreadsheet named “20__ State Rates” for each year of the contract.
b. Spreadsheet must include the standard two-letter State abbreviation, State name, general sales tax rate, and its effective date.
c. If the sales tax rate in a given state changed during the applicable tax year, then the rate included in the Excel spreadsheet must be the blended rate (i.e., the weighted average of the rates in effect during applicable tax year, with the weight assigned to each rate being the number of days—not months—that the rate was in effect). In addition to providing the blended rate, the spreadsheet must also specify the previous rate, the current rate and the date(s) when the rate changed.
d. The spreadsheet is to be delivered electronically to the IRS in an Excel format within sixty (60) days of award in the Base Period and no later than August 8th in Option Years.
(If August 8th falls on a holiday or weekend, the date is the next business day).
e. If a State’s rate changes during the year, but after the established time frame as stated above, then the IRS must be notified and provided with updated data as soon as practicable from the enactment of the change in law.
3. The IRS shall provide applicable information to the Contractor from internal databases. The Contractor shall provide data for Spending Categories for all State and Local taxing jurisdictions, indicating whether each category was taxable (indicated by a 1) or not taxable (indicated by a 0) as of within thirty (30) days of award in the Base Period and July 1st in the Option Years. (If July 1st falls on a holiday or weekend, the date is the next business day). Furthermore, the Contractor shall provide comparable data on the taxability of any additional Spending Categories in taxing jurisdictions based on research of unique (not UCC based) sources for which databases are not currently available.
The details shall include:
a. List of Spending Categories will be provided by the IRS with this Statement of Work (SOW). The Contractor will be informed by the IRS of any updates to this list within 10 business days of contract award.
b. Data for State and Local taxing jurisdictions shall be provided in two (2) separate spreadsheets named “20__ State Taxability” and “20__ Local Taxability.”
c. State taxability spreadsheets shall contain data for State taxing jurisdictions. This shall be provided in a tab named “UCC State.” The tab shall include the Universal Classification Code (UCC) for Spending Categories in the first column, name of Spending Categories in the second column, name of the States as column headings in the first row, and corresponding taxability data in the defined cells.
d. State taxability spreadsheet shall also contain data collected from research of unique (not UCC based) sources for which databases are not currently available for State taxing jurisdictions. This shall be provided in a tab named “UCC State Other.” The tab shall include the Universal Classification Code (UCC) for Spending Categories in the first column, name of Spending Categories in the second column, name of the States as column headings in the first row, and corresponding taxability data in the defined cells.
e. Local taxability spreadsheet shall contain data for Local taxing jurisdictions. This shall be provided in a tab named “UCC Local.” The tab shall include the Universal Classification Code (UCC) for Spending Categories in the first column, name of Spending Categories in the second column, name of the States as column headings in the first row, and corresponding taxability data in the defined cells.
f. Local taxability spreadsheet shall contain data collected from research of unique (not UCC based) sources for which databases are not currently available for Local taxing jurisdictions. This shall be provided in a tab named “UCC Local Other.” The tab shall include the Universal Classification Code (UCC) for Spending Categories in the first column, name of Spending Categories in the second column, name of the States as column headings in the first row, and corresponding taxability data in the defined cells.
g. If the Spending Category is taxed at a rate other than the prevailing general sales tax rate, then this shall be indicated in the Excel spreadsheet with a decimal, which is the unique rate for the category divided by the prevailing general sales tax rate for the jurisdiction.
(NOTE: A key criterion for general sales taxes to be eligible as income tax deductions is that they are applied to a wide range of goods and services at one uniform tax rate.
Exceptions to this rule are few and typically require Congressional or IRS approval.)
h. If the taxability for a Spending Category changed near the middle of the year, then this shall be indicated in the data with a decimal, which is the weighted average of the taxability before and after the change, where the weights are based on the number of days in the year during which the category was or was not taxable. For example, a change from taxable to not taxable on July 1 would result in a blended taxability factor of 0.5.
i. A separate tab, named “Food Tax Base,” shall be included in the Local taxability spreadsheet for localities that have opted to tax food differently from the State. This tab shall include a list of Spending Categories for food and the corresponding taxability data.
Any notes related to this data shall be provided in another tab named “Notes – Food Tax Base.”
j. A separate tab, named “New York Clothing,” shall be included in the Local taxability spreadsheet. This tab shall include names of New York Local jurisdictions that exempt clothing and jurisdictions that do not exempt clothing.
k. The State taxability database is to be delivered electronically to the IRS in an Excel spreadsheet within seventy (70) days of award in the Base Period and August 15th in the Option Years. (If August 15th falls on a holiday or weekend, the date is the next business day).
l. The Local taxability database is to be delivered electronically to the IRS in an Excel spreadsheet within eighty (80) days of award in the Base Period and August 29th in the Option Years. (If August 29th falls on a holiday or weekend, the date is the next business day).
4. When the taxability data is delivered, information must also be provided by the Contractor on any significant taxability variation during the course of the applicable year or a change relative to the prior year. For example, when:
a. A State used to have no Local general sales taxes, but this year does have one or more localities imposing Local general sales taxes, or vice versa.
b. A Locality used to tax the same categories as the State, but now deviates from the State’s tax base, or vice versa.
c. A State used to require a uniform minimum Local sales tax for all localities, but no longer does, or vice versa.
5. The Contractor shall provide Local general sales tax rates for each unique ZIP Code / County / City combination in the United States covering the period January 1st through December 31st in the Base Period and in the Option Years.
a. Data shall be provided in a Comma-Separated Value (CSV) file and a Vertical Bar (Pipe) Delimited Text file.
b. Files shall be named “20__ STDC” (for “Sales Tax Deduction Calculator”).
c. Files shall not include any duplicate localities—even with slightly different spellings for the city name (e.g., due to abbreviations).
d. If the sales tax rate in a given Locality changed during the applicable tax year, then the rate included in the data files must be the blended rate (i.e., the weighted average of the rates in effect during 2026, with the weight assigned to each rate preferably being the number of days that the rate was in effect, but the number of months may be used if necessary for these Local rates only).
e. If a Locality is partially within one or more special districts that have different sales tax rates than the area outside of special districts (for example special economic zones, or special districts), all sales tax rates applicable to this Locality shall be provided in the database. For example, if a Locality has a local rate of 2% and is partially in a special tax district with a local rate of 3%, then the data files must include two records for this Locality, identifying the record for special district with its appropriate name.
f. Data files must include records for any reservations governed by any Native American tribal nation officially recognized by the United States Federal Government.
g. A separate data file named “20__ STDC Military,” both in CSV and Vertical Bar Delimited Text file, shall be provided that include Local general sales tax rates, if any, for each unique ZIP Code in overseas U.S. military zones or districts. The U.S. military zones tend to have no sales tax. The purpose of this data is to account for members of armed forces who moved to overseas posts of duty during part of the applicable tax year.
Without the unique overseas ZIP Code and tax rates, some military members who moved overseas may not be able to use the Sales Tax Deduction Calculator to determine their sales tax deduction amount.
h. Data files must include columns in the following order: 5-digit zip code (including leading or trailing zeros), State (abbreviated 2-character, e.g. NY), County, City, Local Blended Rate (to six decimal places), and State Blended Rate (to six decimal places).
i. Files are to be delivered electronically to the IRS by December 9th (If December 9th falls on a holiday or weekend, the date is the next business day).
j. List of all possible locality names shall be delivered to the IRS in a CSV file and a text file within thirty (30) days of award in the Base Period and May 30th (If May 30th falls on a holiday or weekend, the date is the next business day). If there are any additions or changes to the list, the IRS shall be provided with updated files by November 14th (If November 14th falls on a holiday or weekend, the date is the next business day).
Tasks and Timelines in the option years are the same as for the base year, only the sales tax data is updated to reflect the tax year specified in the Period of Performance section below.
6. Deliverables/Delivery Schedule. The following items, outlined below, shall be delivered as follows:
a. List of locality names within thirty (30) days of award in the Base Period and May 30th in the Option Years.
b. Weighted sales tax rates for U.S. States within sixty (60) days of award in the Base Period and August 8th in the Option Years.
c. State taxability data within seventy (70) days of award in the Base Period and August 15th in the Option Years.
d. Local taxability data within eighty (80) days of award in the Base Period and August 29th in the Option Years.
e. Updated list of Locality names by November 14th in the Base Period and in the Option
Years.
f. Local general sales tax rates in the U.S. by December 9th in the Base Period and in the
Option Years.
(If any of the above dates fall on a holiday or weekend, the date is the next business day).
Post Award Conference The Contracting Officer shall conduct a Post Award Conference/Kick-off meeting within 10 days after contract award. The Contracting Officer may authorize the Contracting Officers Representative (COR), and other Government personnel, as appropriate, to discuss performance requirements in accordance with this SOW as well as meet periodically with the Contractor to review the Contractor's performance. At these meetings, the Contracting Officer or the designated representative will assess the Contractor of how the government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.
Contractor Email - Contractor Names -
Place of Performance The contract shall be performed at the Contractor’s location, and the data files shall be emailed to the IRS Policy and Program Impact Lab.
Recognized Holidays: Normal working hours are 8am-4pm, Monday through Friday. Any overtime or holiday pay that may be entitled to the Contractor’s employees shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government. The Contractor is not required to provide service on the following U.S. Government holidays, nor shall the Contractor be paid for these days:
National Holidays:
New Year’s Day January 01 Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 04 Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25
If the holiday falls on a Sunday, the following Monday will be observed as a national holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National holiday by U.S.
Government Agencies, and any day specifically declared by the President of the United States of America.
Type of Contract and Period of Performance The Government will award a Firm Fixed Price contract, consisting of a period of one (1) Base Period of four (4) months and four (4) 12-month Option Periods, exercised at the Government’s discretion. Please refer to the solicitation/contract price cost schedule and block #20 of the 1449.
Security Requirements N/A
52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
www.acquisition.gov
(End of provision)
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2024) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements –Representation (Jan 2017) 52.204-7 System for Award Management - Registration (Oct 2025) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-17 Ownership or Control of Offeror (Aug 2020) 52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan – Certification (Aug 2009) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representations and Certifications (June 2020) 52.250-22 SAFETY Act Coverage Not Applicable (Feb 2009)
Solicitation Provisions in Full Text
52.204-5 Women-Owned Business (Other Than Small Business) (Oct 2014)
(a) Definition."Women-owned business concern," as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (c)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it □ is a women-owned business concern.
(End of Provision)
52.204-8 Annual Representations and Certifications (Mar 2026) (a)
(1) The North American Industry Classification System (NAICS) code for this acquisition is 513120.
(2) The small business size standard is 1,000 employees.
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition—
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b)
(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
(i) _ Paragraph (d) applies.
(ii) _ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)
(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–
(A) The acquisition is to be made under the simplified acquisition procedures in part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $200,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services- Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the provision at 52.204-7.
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $50,000, the basic provision applies.
(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.
(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
__ (i) 52.204-17, Ownership or Control of Offeror.
__ (ii) 52.204-20, Predecessor of Offeror.
__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.
__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.
__ (vi) 52.227-6, Royalty Information.
__ (A) Basic.
__ (B) Alternate I.
__ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause # Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
Alternate I (Mar 2023). As prescribed in 4.1202(a) , substitute the following paragraph (a) for paragraph (a) of the basic provision:
(a)(1) The North American Industry Classification System (NAICS) codes and corresponding size standards for this acquisition are as follows; the categories or portions these NAICS codes are assigned to are specified elsewhere in the solicitation:
NAICS Code Size standard
[Contracting Officer to insert NAICS codes and size standards].
(2) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce, (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(End of provision)
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered 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" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision—
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that—
(1) It _ will, _ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—
It _ does, _ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;
and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;
and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
52.204-26 Covered Telecommunications Equipment or Services- Representation (Oct 2020)
(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered 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.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
(End of provision)
52.204-29 Federal Acquisition Supply Chain Security Act Orders— Representation and Disclosures (Dec 2023)
(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.
(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.
(c) Procedures.
(1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.
(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).
(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.
(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).
(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:
(1) Name of the product or service provided to the Government;
(2) Name of the covered article or source subject to a FASCSA order;
(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;
(4) Brand;
(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(6) Item description;
(7) Reason why the applicable covered article or the product or service is being provided or used;
(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (Oct 2025)
(a) Definitions. As used in this clause—
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-3(b) applies or the requirement is waived in accordance with the procedures at 9.108-5.
(c) Representation. The Offeror represents that-
(1) It □ is, □ is not an inverted domestic corporation; and
(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.
(End of Provision)
52.209-5 Certification Regarding Responsibility Matters (Oct 2025)
(a)
(1) The Offeror certifies, to the best of its knowledge and belief, that—
(i) The Offeror and/or any of its Principals—
(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);
(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and
(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied. Federal taxes are considered delinquent if both of the following criteria apply:
(1) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if a pending administrative or judicial challenge remains. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(2) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) The Offeror has □ has not □, within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the Government will consider the certification in connection with a determination of the Offeror's responsibility.
Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror non-responsible.
(d) This provision does not require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a). The knowledge and information of an
Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award.
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