25QE023_SOL_020725.pdf
PDF 2 MB Posted
- Attached to
- AP® Calculus AB and BC Custom Course Content Federal contract opportunity
- Solicitation number
- HE125425QE023
- Issued by
- Department of Defense Education Activity
About this file
This is a Request for Quote (RFQ) issued by the Department of Defense Education Activity (DoDEA) seeking commercial off-the-shelf (COTS) seat-based licenses for AP Computer Science Principles and Coding I & II courses, including 1-2 hours of virtual professional learning on courseware functionality and instructional materials. The solicitation number is HE125425QE023.
DoDEA plans to award one Firm-Fixed-Price (FFP), Indefinite Delivery, Indefinite Quantity (IDIQ) contract for a 5-year base period. The minimum guaranteed amount is $10,000. Quotes are due by March 10, 2025 at 12:00 PM Eastern Time. Evaluation factors include Technical Approach (with three subfactors: Course Content Development/Delivery, Multimedia Development/Delivery, and Course Content Development Framework), Past Performance (requiring 3-5 relevant references from the past 5 years), and Price. Technical and past performance combined are more important than price, with Technical Approach being more important than Past Performance. The NAICS code is 611710 with a size standard of $24 million. This is a 100% small business set-aside.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 25QE023_Attch10_Q_A_022525.pdf | ||
| 25QE023_ATTCH10_Q_A_022425.xlsx | XLSX spreadsheet | |
| 25QE023_SOL_0001_022525.pdf | ||
| 25QE023_Attch2_TOS_020325.docx | DOCX document | |
| 25QE023_Attch5_FAR_DFARS_020325.docx | DOCX document | |
| 25QE023_Attch4_CloudQ_020325.pdf | ||
| 25QE023_Attch8_PerformQ_020325.docx | DOCX document | |
| 25QE023_Attch9_PWS_020325.pdf | ||
| 25QE023_Attch6_PrvcyCklst_020325.pdf | ||
| 25QE023_Attch1_PricingSheet_020325.xlsx | XLSX spreadsheet | |
| 25QE023_Attch3_ACR_020325.pdf | ||
| 25QE023_Attch7_dd2930a_020325.pdf |
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Text version
WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 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 NUMBER
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
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NUMBER
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 Government 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: REFERENCE 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. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) 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)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
Created On: 07 Feb 2025, 14:46 PM Eastern Standard Time
Solicitation/Contract Form
AP® Calculus AB and BC Custom Course Content
HE125425QE023
Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies/Service Estimated Quantity
Unit Unit Price Amount
AP Calculus AB (INFO)
0001AA
Lesson Materials (storyboards, learning outcomes/ objectives, essential questions, content, common student misconceptions, speaker notes, assessments) IAW PWS 2.1
Product Type Code: Service Product Service Code: U009 Pricing Arrangement: Firm Fixed Price
112 Each
0001AB
Unit Materials (storyboards, teacher guides, student guides, glossaries, unit assessments) IAW PWS 2.1
Product Type Code: Service Product Service Code: U009 Pricing Arrangement: Firm Fixed Price
15 Each
0001AC
Semester Exam Assessments IAW PWS 2.1
Product Type Code: Service Product Service Code: U009 Pricing Arrangement: Firm Fixed Price
3 Each
0001AD
Illustrations/Graphs/Charts IAW PWS 2.2
Product Type Code: Service Product Service Code: U009 Pricing Arrangement: Firm Fixed Price
112 Each
0001AE
Interactive Learning Object IAW PWS 2.2
Product Type Code: Service Product Service Code: U009 Pricing Arrangement: Firm Fixed Price
224 Each
0001AF
Video IAW PWS 2.2
Product Type Code: Service Product Service Code: U009 Pricing Arrangement: Firm Fixed Price
112 Each
Technical Support
IAW PWS 2.4.1
Product Type Code: Service Product Service Code: U009 Pricing Arrangement: Firm Fixed Price
12 Months
Option Line Item 1001 AP Calculus BC (INFO)
Option Line Item
1001AA
Lesson Materials (storyboards, learning outcomes/ objectives, essential questions, content, common student misconceptions, speaker notes, assessments) IAW PWS 2.1
Product Type Code: Service Product Service Code: U009 Pricing Arrangement: Firm Fixed Price
55 Each
Option Line Item
1001AB
Unit Materials (storyboards, teacher guides, student guides, glossaries, unit assessments) IAW PWS 2.1
Product Type Code: Service Product Service Code: U009 Pricing Arrangement: Firm Fixed Price
10 Each
Option Line Item
1001AC
Semester Exam Assessments IAW PWS 2.1
Product Type Code: Service Product Service Code: U009 Pricing Arrangement: Firm Fixed Price
3 Each
Option Line Item
1001AD
Illustrations/Graphs/Charts IAW PWS 2.2
Product Type Code: Service Product Service Code: U009 Pricing Arrangement: Firm Fixed Price
55 Each
Option Line Item
1001AE
Interactive Learning Object IAW PWS 2.2
Product Type Code: Service Product Service Code: U009 Pricing Arrangement: Firm Fixed Price
110 Each
Option Line Item
1001AF
Video IAW PWS 2.2
Product Type Code: Service Product Service Code: U009 Pricing Arrangement: Firm Fixed Price
55 Each
Option Line Item
Technical Support
IAW PWS 2.4.1
Product Type Code: Service Product Service Code: U009 Pricing Arrangement: Firm Fixed Price
12 Months
Description/Specifications/Statement of Work
Requirements DoDEA requires course content that meets the College Board standards for quality curriculum, instruction, and assessments for two online one-credit courses: AP Calculus AB and AP Calculus BC. DoDEA expects to make one award for this requirement.
Packaging and Marking
Inspection and Acceptance
Overall Contract Inspection/Acceptance Locations
0001AA
Inspection and Acceptance Location
Both Destination Instructions: Confirm Acceptance with COR
DoDAAC: HE1254
DOD EDUCATION ACTIVITY
ATTN: 4800 MARK CENTER DRIVE, ATTN:SUITE 05E08
ALEXANDRIA, VA 22350-1400
UNITED STATES
Maschil Alexander Email: maschil.alexander@dodea.edu
0001AB
Inspection and Acceptance Location
Both Destination Instructions: Confirm Acceptance with COR
DoDAAC: HE1254
DOD EDUCATION ACTIVITY
ATTN: 4800 MARK CENTER DRIVE, ATTN:SUITE 05E08
ALEXANDRIA, VA 22350-1400
UNITED STATES
Maschil Alexander Email: maschil.alexander@dodea.edu
0001AC
Inspection and Acceptance Location
Both Destination Instructions: Confirm Acceptance with COR
DoDAAC: HE1254
DOD EDUCATION ACTIVITY
ATTN: 4800 MARK CENTER DRIVE, ATTN:SUITE 05E08
ALEXANDRIA, VA 22350-1400
UNITED STATES
Maschil Alexander Email: maschil.alexander@dodea.edu
0001AD
Inspection and Acceptance Location
Both Destination Instructions: Confirm Acceptance with COR
DoDAAC: HE1254
DOD EDUCATION ACTIVITY
ATTN: 4800 MARK CENTER DRIVE, ATTN:SUITE 05E08
ALEXANDRIA, VA 22350-1400
UNITED STATES
Maschil Alexander Email: maschil.alexander@dodea.edu
0001AE
Inspection and Acceptance Location
Both Destination Instructions: Confirm Acceptance with COR
DoDAAC: HE1254
DOD EDUCATION ACTIVITY
ATTN: 4800 MARK CENTER DRIVE, ATTN:SUITE 05E08
ALEXANDRIA, VA 22350-1400
UNITED STATES
Maschil Alexander Email: maschil.alexander@dodea.edu
0001AF
Inspection and Acceptance Location
Both Destination Instructions: Confirm Acceptance with COR
DoDAAC: HE1254
DOD EDUCATION ACTIVITY
ATTN: 4800 MARK CENTER DRIVE, ATTN:SUITE 05E08
ALEXANDRIA, VA 22350-1400
UNITED STATES
Maschil Alexander Email: maschil.alexander@dodea.edu
Inspection and Acceptance Location
Both Destination Instructions: Confirm Acceptance with COR
DoDAAC: HE1254
DOD EDUCATION ACTIVITY
ATTN: 4800 MARK CENTER DRIVE, ATTN:SUITE 05E08
ALEXANDRIA, VA 22350-1400
UNITED STATES
Maschil Alexander Email: maschil.alexander@dodea.edu
Option Line Item
1001AA
Inspection and Acceptance Location
Both Destination Instructions: Confirm Acceptance with COR
DoDAAC: HE1254
DOD EDUCATION ACTIVITY
ATTN: 4800 MARK CENTER DRIVE, ATTN:SUITE 05E08
ALEXANDRIA, VA 22350-1400
UNITED STATES
Maschil Alexander Email: maschil.alexander@dodea.edu
Option Line Item
1001AB
Inspection and Acceptance Location
Both Destination Instructions: Confirm Acceptance with COR
DoDAAC: HE1254
DOD EDUCATION ACTIVITY
ATTN: 4800 MARK CENTER DRIVE, ATTN:SUITE 05E08
ALEXANDRIA, VA 22350-1400
UNITED STATES
Maschil Alexander Email: maschil.alexander@dodea.edu
Option Line Item
1001AC
Inspection and Acceptance Location
Both Destination Instructions: Confirm Acceptance with COR
DoDAAC: HE1254
DOD EDUCATION ACTIVITY
ATTN: 4800 MARK CENTER DRIVE, ATTN:SUITE 05E08
ALEXANDRIA, VA 22350-1400
UNITED STATES
Maschil Alexander Email: maschil.alexander@dodea.edu
Option Line Item
1001AD
Inspection and Acceptance Location
Both Destination Instructions: Confirm Acceptance with COR
DoDAAC: HE1254
DOD EDUCATION ACTIVITY
ATTN: 4800 MARK CENTER DRIVE, ATTN:SUITE 05E08
ALEXANDRIA, VA 22350-1400
UNITED STATES
Maschil Alexander Email: maschil.alexander@dodea.edu
Option Line Item
1001AE
Inspection and Acceptance Location
Both Destination Instructions: Confirm Acceptance with COR
DoDAAC: HE1254
DOD EDUCATION ACTIVITY
ATTN: 4800 MARK CENTER DRIVE, ATTN:SUITE 05E08
ALEXANDRIA, VA 22350-1400
UNITED STATES
Maschil Alexander Email: maschil.alexander@dodea.edu
Option Line Item
1001AF
Inspection and Acceptance Location
Both Destination
Instructions: Confirm Acceptance with COR
DoDAAC: HE1254
DOD EDUCATION ACTIVITY
ATTN: 4800 MARK CENTER DRIVE, ATTN:SUITE 05E08
ALEXANDRIA, VA 22350-1400
UNITED STATES
Maschil Alexander Email: maschil.alexander@dodea.edu
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Confirm Acceptance with COR
DoDAAC: HE1254
DOD EDUCATION ACTIVITY
ATTN: 4800 MARK CENTER DRIVE, ATTN:SUITE 05E08
ALEXANDRIA, VA 22350-1400
UNITED STATES
Maschil Alexander Email: maschil.alexander@dodea.edu
Deliveries or Performance
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.242-15 Stop-Work Order. Aug 1989
Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.201-7000 Contracting Officer's Representative. Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) As used in this clause- Definitions.
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.
authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.
Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.
Protocol.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.
WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s): Document type.
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
2in1
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
2in1
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.
when creating payment requests and receiving reports in the system.
Routing Data Table
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC TBD
Issue By DoDAAC TBD
Admin DoDAAC TBD
Inspect By DoDAAC TBD
Service Approver (DoDAAC) TBD
Service Acceptor (DoDAAC) TBD
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.
accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
TBD
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Special Contract Requirements
Contract Clauses
FAR 52.216-22 MIN AND MAX
MINIMUM AND MAXIMUM QUANTITIES
(a) As referred to in paragraph (b) of FAR Clause 52.216-22, "Indefinite Quantity" of this contract, the contract minimum guaranteed to the Offeror is a total of $10,000. The maximum quantity is the total quantity for all items combined as set forth in the schedule.
(End of Min & Max)
Clauses Incorporated by Reference
252.215-7008 Only One Offer (DEC 2022)
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.203-3 Gratuities. Apr 1984 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.223-23 Sustainable Products and Services. May 2024 52.224-1 Privacy Act Notification. Apr 1984 52.224-2 Privacy Act. Apr 1984 52.232-18 Availability of Funds. Apr 1984 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.233-3 Protest after Award. Aug 1996
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.204-7022 Expediting Contract Closeout. May 2021 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023
252.225-7967 Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006, Revision 1)
Feb 2024 Deviation 2024-O0006 Feb 2024
252.227-7013 Rights in Technical Data-Other Than Commercial Products and Commercial Services.
Mar 2023
252.227-7015 Technical Data-Commercial Products and Commercial Services. Mar 2023 252.227-7037 Validation of Restrictive Markings on Technical Data. Jan 2023 252.232-7010 Levies on Contract Payments. Dec 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.239-7010 Cloud Computing Services. Jan 2023 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023
FAR Clauses Incorporated by Full Text
Contract Terms and Conditions Required To Implement Statutes or Executive Orders-
52.212-5 Commercial Products and Commercial Services. (Jan 2025)
As prescribed in , insert the following clause: 12.301(b)(4)
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title (JAN 2017) VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC (Section 1634 of Pub. L. 115-91).2023)
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section (NOV 2021) 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(NOV 2015)
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. 3903 and 10 U.S.C. 3801).(MAR 2023)
(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(AUG 1996)
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(OCT 2004)
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ .]Contracting Officer check as appropriate
52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and 10 U.S.C. (1) (JUN 2020), Alternate I (NOV 2021)
4655).
52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (NOV 2021)
52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-(3) (JUN 2010)
5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, (4) (NOV 2023) the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).(5) (JUN 2020)
[Reserved].(6)
52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(7) (OCT 2016)
52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(8) (OCT 2016)
52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(9) (JUN 2023)
52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and (10)
Multi-Agency Contracts. (Pub. L. 115-390, title II).(DEC 2023)
(11)
52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(i) (DEC 2023)
Alternate I of 52.204-30.(ii) (DEC 2023)
52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (12)
(31 U.S.C. 6101 note).(NOV 2021)
52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(13) (OCT 2018)
[Reserved].(14)
52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).(15) OCT 2022
52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the (16) OCT 2022 preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[Reserved](17)
(18)
52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)
Alternate I of 52.219-6.(ii) (MAR 2020)
(19)
52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)
Alternate I of 52.219-7.(ii) (MAR 2020)
52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)).(20) FEB 2024
(21)
52.219-9, Small Business Subcontracting Plan ( ) (15 U.S.C. 637(d)(4)).(i) SEP 2023
Alternate I of 52.219-9.(ii) (NOV 2016)
Alternate II of 52.219-9.(iii) (NOV 2016)
Alternate III of 52.219-9.(iv) (JUN 2020)
Alternate IV ( ) of 52.219-9.(v) SEP 2023
(22)
52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(i) (MAR 2020)
Alternate I of 52.219-13.(ii) (MAR 2020)
52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 657s).(23) OCT 2022
52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(24) (SEP 2021)
52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns (25)
Eligible Under the SDVOSB Program ( ) (15 U.S.C. 657f).FEB 2024
(26)
52.219-28, Post Award Small Business Program Rerepresentation ( ) (15 U.S.C. 632(a)(2)).(i) FEB 2024
Alternate I of 52.219-28.(ii) (MAR 2020)
52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ((27) OCT
) (15 U.S.C. 637(m)).2022
52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned (28)
Small Business Program ( ) (15 U.S.C. 637(m)).OCT 2022
52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(29) (MAR 2020)
52.219-33, Nonmanufacturer Rule (30) (SEP 2021) (15 U.S.C. 637(a)(17)).
52.222-3, Convict Labor (E.O.11755).(31) (JUN 2003)
52.222-19, Child Labor-Cooperation with Authorities and Remedies .(32) (FEB 2024)
52.222-21, Prohibition of Segregated Facilities .(33) (APR 2015)
(34)
52.222-26, Equal Opportunity (E.O.11246).(i) (SEP 2016)
Alternate I of 52.222-26.(ii) (FEB 1999)
(35)
52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(i) (JUN 2020)
Alternate I of 52.222-35.(ii) (JUL 2014)
(36)
52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(i) (JUN 2020)
Alternate I of 52.222-36.(ii) (JUL 2014)
52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(37) JUN 2020
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(38) (DEC 2010)
(39)
52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(i) (NOV 2021)
Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (MAR 2015)
52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (40) (MAY 2022) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
(41)
52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not (i) applicable to the acquisition of commercially available off-the-shelf items.)
Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf (ii) (MAY 2008) items.)
52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ).(42) (MAY 2024) et seq.
52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, (43) (MAY 2024) et seq.
52.223-20, Aerosols (42 U.S.C. 7671, ).(44) (MAY 2024) et seq.
52.223-21, Foams (42 U.S.C. 7671, ).(45) (MAY 2024) et seq.
52.223-23, Sustainable Products and Services (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. (46) (MAY 2024)
7671l).
(47)
52.224-3 Privacy Training (5 U.S.C. 552 a).(i) (JAN 2017)
Alternate I of 52.224-3.(ii) (JAN 2017)
(48)
52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(i) (OCT 2022)
Alternate I of 52.225-1.(ii) (OCT 2022)
(49)
52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, (i) (NOV 2023)
19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
Alternate I [Reserved].(ii)
Alternate II of 52.225-3.(iii) (JAN 2025)
Alternate III of 52.225-3.(iv) (FEB 2024)
Alternate IV (Oct 2022) of 52.225-3.(v)
52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (NOV 2023) et seq
52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign (51) (FEB 2021)
Assets Control of the Department of the Treasury).
52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the (52)
National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).(53)
52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150).(54) (NOV 2007)
52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(55) (MAY 2024)
52.229-12, Tax on Certain Foreign Procurements .(56) (FEB 2021)
52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. (57) (NOV 2021)
3805).
52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(58) (NOV 2021)
52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).(59) (OCT2018)
52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(60)
52.232-36, Payment by Third Party (31 U.S.C. 3332).(61) (MAY 2014)
52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(62) (AUG 1996)
52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign (63)
Entities (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(NOV 2024)
52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(64) (JAN 2017)
(65)
52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(i) (NOV 2021)
Alternate I of 52.247-64.(ii) (APR 2003)
Alternate II of 52.247-64.(iii) (NOV 2021)
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ ]Contracting Officer check as appropriate.
52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (AUG 2018)
52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(2) (MAY 2014)
52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (3) (AUG
(29 U.S.C. 206 and 41 U.S.C. chapter 67).2018)
52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.(4)
C. chapter 67).
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of (5)
Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (6) (MAY 2014)
(41 U.S.C. chapter 67).
52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (JAN 2022)
52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (JAN 2022)
52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)
(10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (49 U.S.C. (JAN 2025)
40118(g)).
(d) . The Contractor shall comply with the provisions of this paragraph (d) if this contract was Comptroller General Examination of Record awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(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 subpart 4.7, Contractor Records Retention, of the 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 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.
(e) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down (1) any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).(NOV 2021)
(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(NOV 2023)
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC (Section 1634 of Pub. L. 115-91).2023)
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section (NOV 2021) 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(JUN 2023)
(vii) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(A) (DEC 2023)
(B) Alternate I of 52.204-30.(DEC 2023)
(viii) 52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further FEB 2024 subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities .(APR 2015)
(x) 52.222-26, Equal Opportunity (E.O.11246).(SEP 2016)
(xi) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(JUN 2020)
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(JUN 2020)
(xiii) 52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(JUN 2020)
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in (DEC 2010) accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(AUG 2018)
(xvi) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(A) (NOV 2021)
(B) Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(MAR 2015)
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY (41 U.S.C. chapter 67).2014)
(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(MAY 2022)
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(JAN 2022)
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(JAN 2022)
(xxii) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).(A)
(B) Alternate I of 52.224-3.(JAN 2017)
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the (OCT 2016) National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in accordance (JUN 2020) with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(NOV 2024)
(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow (NOV 2021) down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.216-18 Ordering. (Aug 2020)
As prescribed in , insert the following clause:16.506(a)
Ordering (Aug 2020)
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 (a) activities designated in the Schedule. Such orders may be issued from through .date of award contract expiration date
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 (b) order and this contract, the contract shall control.
A delivery order or task order is considered "issued" when-(c)
If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;(1)
If sent by fax, the Government transmits the order to the Contractor's fax number; or(2)
If sent electronically, the Government either-(3)
Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or(i)
Distributes the delivery order or task order via email to the Contractor's email address.(ii)
Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.(d)
(End of clause)
52.216-19 Order Limitations. (Oct 1995)
As prescribed in , insert a clause substantially the same as follows:16.506(b)
Order Limitations (Oct 1995)
. When the Government requires supplies or services covered by this contract in an amount of less than , the Government (a) Minimum order $10,000 is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
. The Contractor is not obligated to honor-(b) Maximum order
Any order for a single item in excess of ;(1) TBD
Any order for a combination of items in excess of ; or(2) TBD
A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of (3) 5 this section.
If this is a requirements contract ( includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the (c) i.e., 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.
Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in (d) paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's 10 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.
(End of clause)
52.216-22 Indefinite Quantity. (Oct 1995)
As prescribed in , insert the following clause:16.506(e)
Indefinite Quantity (Oct 1995)
This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of (a) supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to (b) 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."
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 (c) issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the (d) 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; , that the Contractor shall not be required to make any deliveries provided under this contract after .the date specified on the last delivery order
(End of clause)
52.217-8 Option to Extend Services. (Nov 1999)
As prescribed in , insert a clause substantially the same as the following:17.208(f)
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
(End of clause)
52.217-9 Option to Extend the Term of the Contract. (Mar 2000)
As prescribed in , insert a clause substantially the same as the following:17.208(g)
Option to Extend the Term of the Contract (Mar 2000)
The Government may extend the term of this contract by written notice to the Contractor within ; provided that the Government gives the (a) 15 days Contractor a preliminary written notice of its intent to extend at least days before the contract expires. The preliminary notice does not commit the 30 Government to an extension.
If the Government exercises this option, the extended contract shall be considered to include this option clause.(b)
The total duration of this contract, including the exercise of any options under this clause, shall not exceed months.(c) 30
(End of clause)
52.219-14 Limitations on Subcontracting (DEVIATION 2021-O0008) (Oct 2022) Deviation 2021-O0008 (Feb 2023)
52.219-14 Limitations on Subcontracting (DEVIATION 2021-O0008)
Use the following clause in lieu of the Federal Acquisition Regulation (FAR) clause 52.219-14, as prescribed at FAR 19.507(e):
LIMITATIONS ON SUBCONTRACTING (FEB 2023) (DEVIATION 2021-O0008)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) , as used in this clause, means a first-tier subcontractor, including an independent contractor, that--Definition. Similarly situated entity
(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) This clause applies only to--Applicability.
(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) An independent contractor shall be considered a subcontractor.Independent contractors.
(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract Limitations on subcontracting.
assigned a North American Industry Classification System (NAICS) code for--
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. The following services may be excluded from the 50 percent limitation:
(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.
(ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause--
By the end of the base term of the contract and then by the end of each subsequent option period; or
By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(1) In a joint venture comprised of a small business protege and its mentor approved by the Small Business Administration, the small business protege shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
(End of clause)
52.252-2 Clauses Incorporated by Reference. (Feb 1998)
As prescribed in , insert the following clause:52.107(b)
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):
Federal Acquisition Regulation: https://www.acquisition.gov/far Defense Federal Acquisition Regulation Supplements (DFARS) and Procedures, Guidance, and Information (PGI): https://www.acquisition.gov/dfars Electronic Code of Federal Regulations: https://ecfr.federalregister.gov
(End of clause)
52.252-6 Authorized Deviations in Clauses. (Nov 2020)
As prescribed in , insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized 52.107(f) deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause.
Authorized Deviations in Clauses (Nov 2020)
The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated (a) by the addition of "(DEVIATION)" after the date of the clause.
The use in this solicitation or contract of any (48 CFR ) clause with an authorized (b) Defense Federal Acquisition Regulation Supplement Chapter 2 deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
DFARS Clauses Incorporated by Full Text
252.211-7003 Item Unique Identification and…
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