A21. Combined Synopsis-Solicitation W912P8-26-Q-A001.pdf

COMBINED SYNOPSIS/SOLICITATION

U.S. ARMY CORPS OF ENGINEERS (USACE)

NEW ORLEANS DISTRICT (MVN)

This is a combined synopsis/solicitation for commercial items. This announcement constitutes the only synopsis/solicitation that is being posted in accordance with the Scope of Work. NAICS

Code: 324191.

The U.S. Army Corps of Engineers, New Orleans District, has a requirement for commercial sources to provide fuel as listed in the details below. This requirement is being issued as

Unrestricted and is being procured as a Blanket Purchase Agreement (BPA) under FAR Part

13.303. The Government anticipates one, 5-year Blanket Purchase Agreement from this solicitation from which future BPA call orders will be placed against. The BPA will have an estimated $750,000.00 purchase limitation.

BLANKET PURCHASE AGREEMENT (BPA)

CONTRACTOR INSTRUCTION AND GUIDELINES

SECTION I – INTRODUCING THE BPA

1. In accordance with the Federal Acquisition Streamlining Act, the U.S. Army Corps of Engineers (USACE) and the Vender enter into this agreement to further reduce the administrative cost of acquiring commercial services/supplies. BPA’s eliminate contracting and open market cost such as search for sources, the development of technical documents, solicitations, and the evaluation of offers.

2. A blanket purchase agreement is a simplified method of filling anticipated repetitive needs for these supplies by establishing “charge accounts” with qualified sources. The use of BPA’s is economical when: 1) there is a wide variety of items in a broad class of supplies that are generally purchased, but the exact items, quantities, and delivery requirements are not known in advance and may vary considerably; 2) there is a need to provide commercial sources of supply for one or more offices or projects in a given area that do not have or need authority to purchase otherwise; and 3) the use of this procedure would avoid the writing of numerous purchase orders.

3. The BPA is not a contract. The Government is not obligated to place any orders, and the vendor is not obligated to accept any orders. Either party can cancel the BPA at any time. The BPA is not enforceable against either party. An enforceable contract exists only when the Government places a call against the BPA and the vendor accepts that call.

SECTION II – BPA TERMS AND CONDITIONS

1. Description of agreement.

Government Orders shall be made on an as needed basis. The vendor(s) shall supply multiple lube and hydraulic oils as requested by the Government. Vendor(s) must be either the manufacturer, distributor, or an authorized dealer of the manufacturer No third-party vendor(s) will be accepted, and vendor(s) must provide proof of the above statement. The vendor(s) must be able to supply a minimum of one (1) or more of the lubricant brands but are NOT required to supply all lubricant brands listed in the

Technical Specifications section.

The following lube oils are currently in use on the Dredge Wheeler’s systems and shall be provided by the vendor within 5 business days upon request from the Government:

A. Exxon Mobil

1. Exxon Mobilgard ADL 40

2. Exxon Mobilgard HSD+ 15W40

B. Chevron

1. Rando 100 hydraulic oil

2. Rando 68 hydraulic oil

3. Rando 46 hydraulic oil

C. Certified Laboratories

1. Enviro HOC Xtreme 68 EAL Hydraulic Oil

2. Enviro HOC Xtreme 46 EAL Hydraulic Oi

The Contractor shall deliver the fuel to the following address:

U.S. Army Corps of Engineers

New Orleans District

7400 Leake Avenue

New Orleans, LA 70118

2. Extent of obligation.

The Government is obligated only to the extent of authorized calls placed against this BPA and shall not be liable in any manner in the event no calls are made. This BPA may be cancelled if either parties fails to agree upon any deletion, amendment or addition to this BPA which is required by statute, Executive Order, the FAR, and/or this Supplement No. Deletion, modification, addition to, or cancellation of this agreement shall affect any contracts therefore entered into between the parties in which this agreement or portion thereof has been incorporated by reference. The issuance of individual calls under this BPA will be made under the authority of

FAR 13.303 Blanket Purchase Agreement.

3. Duration

This BPA shall take effect on the date of award and continue for a period of five (5) years or a cumulative total of $750,000.00, or whichever comes first.

4. Purchase Limitation:

No individual order under this BPA shall exceed $220,000.00. The minimum order is

$2,500.00. The Dredge Wheeler Lube Oil BPA agreements have an overall cumulative capacity of $750,000.00 over a period of five years. The Government estimates, but does not guarantee, that the total volume of purchases through this agreement will be

$750,000.00 over a 5-year period. There shall be no guaranteed minimum order limits established and no guaranteed dollar amount of expenditures with the vendors/contractors). The vendor/contractor shall furnish the supplies ordered for by this BPA when requested by the Contracting Officer or Call Officer or his/her authorized representative during a five (5) year period of performance. The BPA may be terminated sooner by the Contracting Officer. An annual review of the BPA will be performed by the Contracting Officer to make certain it still represents the "best value” to the Government.

5. Invoices:

An itemized invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. These invoices shall be supported by copies of delivery invoices to verify vendor/contractor billing. Payments for BPA calls will be made by the USACE Finance Center. Contractors shall follow the invoicing procedures provided on the USACE web page below:

http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPaym ent.aspx

SUBMIT INVOICES VIA EMAIL TO:

CEFC-B4invoices@usace.army.mil

Copies of the invoices should also be submitted to the Contracting Officer and COR as follows:

Submitted invoice must include the following:

a. Company name and address.

b. Invoice date and number.

c. BPA Number, the BPA Call Number and the CLIN Number.

d. Description, quantity, unit of measure, unit price and extended price of the items delivered.

e. Warranty date.

f. Name, title and phone number of person to notify in the event of a defective invoice.

g. Electronic funds transfer (EFT) banking information (If you request payment via EFT and the paying CPTS can accommodate EFT payments).

h. Additional invoice requirements specific to each call are located within the Statement of Work http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPaym%20ent.aspx http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPaym%20ent.aspx mailto:CEFC-B4invoices@usace.army.mil

6. Funding:

This is an unfunded BPA. Accounting and Appropriation Data will be cited on each call placed against the BPA. Invoicing guidance provided herein Statement of Work.

7. Statistics and Tracking:

The BPA vendor/contractor shall maintain a single consolidated record of all orders received from the USACE-MVN. This report shall be submitted quarterly to the New Orleans Contracting Office. At a minimum, the reports shall contain the following information:

Date of Call

BPA number

Call number

Order Agency

Summary description and quantity of what was purchased

Total call price

8. Initial List of Authorized Callers:

The list of Authorized Call Officers will be maintained by the Contracting Officer and identified upon award.

9. BPA Pool:

The Government reserves the right to award additional agreements at any time during the five-year period if more qualified contractors are identified or enter the market.

10. Supplies or Services and Prices:

Each BPA vendor/contractor shall provide a fee schedule based on the Pricing Schedule labeled as Exhibit A in the solicitation.

11. Order of Precedence:

The terms and conditions included in this BPA apply to all purchases made pursuant to it.

In the event of an inconsistency between the provisions of this BPA and the vendor/contractor’s invoices, the provisions of this BPA will take precedence.

12. Ordering Procedure for Orders:

Upon receipt of any Order issued hereunder by the Contracting Officer, the vendor/contractor, pursuant to such Order, shall provide to the Government the supplies at the prices set forth in the BPA Order. The vendor/contractor shall, within the time specified in the request for quote, provide a firm fixed price quote for the supplies solicited. Upon receipt of the vendor/contractor’s quote, the Contracting Officer or authorized representative shall review the quotes to ensure acceptability to the Government. The vendor/contactor shall notify the Contracting Officer if there are any significant difficulties anticipated in providing the supplies in accordance with the terms of the BPA and/or BPA Order.

13. Frequency of Ordering:

Orders may be placed as needs arise.

14. Authority for Change of Modifications:

Only a Warranted Contracting Officer has the authority to issue modifications or otherwise change the terms and conditions of the BPA. If an individual other than the Contracting

Officer attempts to make changes to the terms and conditions of this BPA, the vendor/ contractor shall not proceed with the change and shall immediately notify the Contracting

Officer.

15. Acceptance

Upon review and acceptance of the BPA Master, by an authorized representative’s signature of your company and the Government, the vendor/contractor will be required to furnish any combination of services and supplies as described in the Statement of Work, upon receipt and approval of any Call Order quoted by the vendor/contractor and issued, by an authorized officer from the Government. All services shall be completed in accordance with the Statement of Work of this BPA and any requirements as specified in each RFQ and subsequent call order issued.

16. Effective Dates / Terminations

This BPA is not effective until it is signed by the Contracting Officer. After the Contracting Officer’s signature, this BPA is valid for five (5) years, or a cumulative total of $750,000.00, or whichever comes first . The Government reserves the right to replace, extend, or terminate the BPA at any point, by providing written notice to the vendor/contractor within 30 days of the action.

17. Clause and Provision Agreement

The clauses and provisions included in the Master BPA are incorporated and applicable to all call orders placed against the BPA Master. Individuals authorized to purchase under the

BPA.

Instructions to Offerors

All Offerors MUST be registered in SAM.gov under NAICS code 324191 to be considered for award of the Master Blanket Purchase Agreement. NOTE: (FAR 52.204-7). In accordance with FAR 4.1102, states prospective offerors shall be registered in the Department of Defense

“System for Award Management” (SAM) database at the time of submission of its quote If your company is not registered in SAM you may do so by going to:

http://www.sam.gov. You may be required to provide your company’s unique entity identifier

(UEI) issued by the GSA. If you do not have a UEI, one can be obtained by calling (866)

606-8220 or by going to: http://www.sam.gov.

IAW 5.203, Publicizing and Response time. The Contracting Officer should consider the circumstances of the individual acquisition, such as complexity, availability, and urgency, when establishing the solicitation response time. Quotes are to be received via e-mail no later than

11:00 AM (local time) on 03 November 2025. (Your E-mail submission must be checked and determined to be "virus-free" prior to submission). The Government requires your quote remain valid for 60 calendar days from date of submission. Any questions regarding this synopsis/solicitation, shall be submitted by e-mail to the Contract Specialist, Angela Day at

Angela.C.Day@usace.army.mil no later than 11:00 AM (local time) on 20 October 2025.

http://www.sam.gov/ http://www.sam.gov/

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 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.

calls)

Created On:

25 Sep 2025, 08:11 AM Central Daylight Time

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Base Year

Product Service Code: 9150 Pricing Arrangement: Firm Fixed Price

1 Years

Year Two

Product Service Code: 9150 Pricing Arrangement: Firm Fixed Price

1 Years

Year Three

Product Service Code: 9150 Pricing Arrangement: Firm Fixed Price

1 Years

Year Four

Product Service Code: 9150 Pricing Arrangement: Firm Fixed Price

1 Years

Year Five

Product Service Code: 9150 Pricing Arrangement: Firm Fixed Price

1 Years

W912P825QA006

Exhibit A

BLANKET PURCHASE AGREEMENT - Dredge Wheeler Lube Oil Supply

STATEMENT OF WORK

The vendor(s) shall supply multiple lube and hydraulic oils as requested by the Government. Vendor(s) must be either the manufacturer, distributor, or an authorized dealer of the manufacturer. No third-party vendor(s) will be accepted, and vendor(s) must provide proof of the above statement. The vendor(s) must be able to supply a minimum of one (1) or more of the lubricant brands but are NOT required to supply all lubricant brands listed in the Technical Specifications section.

Technical Specifications:

NOTE: If a lube oil listed below is updated/discontinued by the manufacturer the equivalent product shall replace the original oil requirement. A notice must be given to the Government from the manufacturer in advance to the change.

The following lube oils are currently in use on the Dredge Wheeler’s systems and shall be provided by the vendor within 5 business days upon request from the Government:

A. Exxon Mobil

1. Exxon Mobilgard ADL 40

2. Exxon Mobilgard HSD+ 15W40

B. Chevron

1. Rando 100 hydraulic oil

2. Rando 68 hydraulic oil

3. Rando 46 hydraulic oil

C. Certified Laboratories

1. Enviro HOC Xtreme 68 EAL Hydraulic Oil

2. Enviro HOC Xtreme 46 EAL Hydraulic Oil

The supplies shall be ordered by Contracting Officers or Authorized Call Officers. Authorized callers will be identified at award.

mailto:matthew.broussard@usace.army.mil mailto:Charles.e.grenier@usace.army.mil

GENERAL

A. In accordance with the Federal Acquisition Streamlining Act, the U.S. Army Corps of Engineers (USACE) and the Vender enter into this agreement to further reduce the administrative cost of acquiring commercial supplies. BPA’s eliminate contracting and open market cost such as search for sources, the development of technical documents, solicitations, and the evaluation of offers.

B. A blanket purchase agreement is a simplified method of filling anticipated repetitive needs for supplies by establishing “charge accounts” with qualified sources of supplies. The use of BPA’s is economical when: 1) there is a wide variety of items in a broad class of supplies that are generally purchased, but the exact items, quantities, and delivery requirements are not known in advance and may vary considerably; 2) there is a need to provide commercial sources of supplies for one or more offices or projects in a given area that do not have or need authority to purchase otherwise; and 3) the use of this procedure would avoid the writing of numerous purchase orders.

C. The BPA is not a contract. The Government is not obligated to place any orders, and the vendor is not obligated to accept any orders. Either party can cancel the BPA at any time. The BPA is not enforceable against either party. An enforceable contract exists only when the Government places a call against the BPA and the vendor accepts that call.

INVOICES

An itemized invoice shall be submitted after the Government receives the full delivery. The invoice must include the following:

a. Company name and address

b. Invoice date and number

c. BPA number, BPA Call Number, and the CLIN Number

d. Description, quantity, unit of measure, unit price, and extended price of the item delivered

e. Invoices shall be submitted electronically to Matthew Broussard at matthew.broussard@usace.army.mil mailto:andrew.r.zeringue@usace.army.mil mailto:matthew.broussard@usace.army.mil

BPA Ceiling BPA Master Dollar Limit: $750,000.00 BPA Call Limit: $220,000.00

UNIT PRICE

The unit price will be the offeror’s best price on the day the order is placed. The price for each order will be reviewed by the Government to determine if offer is fair and reasonable.

Contract Clauses

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 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.222-35 Equal Opportunity for Veterans. Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-37 Employment Reports on Veterans. Jun 2020 52.222-50 Combating Trafficking in Persons. Nov 2021

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

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2023

252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7001 Buy American and Balance of Payments Program. Feb 2024 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

Jun 2023

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

Jan 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023

252.204-7021 Contractor Compliance with the Cybersecurity Maturity Model Certification Level Requirement.

Jan 2023

252.205-7000 Provision of Information to Cooperative Agreement Holders. Oct 2024

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

(DEVIATION 2024-O0013 REVISION 1)

May 2024 Deviation 2024-O0013 May 2024

FAR Clauses Incorporated by Full Text

52.219-14 Limitations on Subcontracting (DEVIATION 2021-O0008) (Oct 2022) Deviation 2021-O0008 (Feb 2023)

LIMITATIONS ON SUBCONTRACTING (FEB 2023) (DEVIATION 2021-O0008)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that--

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to--

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

W912P825QA006

(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) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract 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--

[Contracting Officer check as appropriate.]

[X] 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 protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé 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)

52.219-28 Postaward Small Business Program Rerepresentation. (Jan 2025)

Postaward Small Business Program Rerepresentation (Jan 2025)

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern-

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented its status as any of the small business concerns identified at 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, for the NAICS code assigned to an order (except that paragraphs (c)(1) through (3) of this clause do not apply to an order issued under a Federal Supply Schedule contract at subpart 8.4)-

(1) Set aside exclusively for a small business concern identified at 19.000(a)(3) that is issued under an unrestricted multiple-award contract, unless the order is issued under the reserved portion of an unrestricted multiple-award contract ( e.g., an order set aside for a woman-owned small business under a multiple-award contract that is not set-aside, unless the order is issued under the reserved portion of the multiple-award contract);

(2) Issued under a multiple-award contract set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying multiple-award contract ( e.g., an order set aside for a HUBZone small business concern under a multiple-award contract that is set aside for small businesses);

(3) Issued under the part of the multiple-award contract that is set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying set-aside part of the multiple-award contract ( e.g., an order set aside for a WOSB concern under the part of the multiple-award contract that is partially set aside for small businesses); and

(4) When the Contracting Officer explicitly requires it for an order issued under a multiple-award contract, including for an order issued under a Federal Supply Schedule contract (see 8.405-5(b) and 19.301-2(b)(2)).

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was 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.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraphs (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under ____NAICS Code assigned to ____contract number.

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [____The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [____The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __ .]

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it [ ] is, [ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [____The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(9) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that-

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [____The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[____Contractor to sign and date and insert authorized signer's name and title.]

(End of clause)

DFARS Clauses Incorporated by Full Text

252.211-7003 Item Unique Identification and Valuation. (Jan 2023)

ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(a) Definitions. As used in this clause-

"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

"Concatenated unique item identifier" means-

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO) /International Electrotechnical Commission (IEC) 16022.

"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD.

All DoD recognized unique identification equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.

"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

" Enterprise " means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

" Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency.

"Government's unit acquisition cost" means-

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

"Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

"Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier.

"Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

" Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

"Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

"Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

"Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

"Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

"Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

"Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

"Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

"Type designation" means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

"Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

"Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(If items are identified in the Schedule, insert "See Schedule in this table.)

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ____.

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ____.

(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology - International symbology specification - Data matrix; ECC200 data matrix specification.

(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that-

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology - Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) Unique item identifier.

(i) The Contractor shall-

(A) Determine whether to-

(1) Serialize within the enterprise identifier;

(2) Serialize within the part, lot, or batch number; or

(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code-

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization within the lot or batch number).

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government's unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or…