Attach 7 - Provisions and Clauses.pdf
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- Attached to
- Whiteman AFB - FY27 Airfield Pavement
- Solicitation number
- FA462526Q1062
About this file
This is a federal contract solicitation document (FA462526Q1062) for construction services issued by the U.S. Air Force. The document primarily contains clauses incorporated by reference and full-text clauses that establish the contractual terms and conditions governing the procurement.
The solicitation is structured as an indefinite-quantity contract for construction work, with evaluation factors listed as Past Performance (significantly more important than price) and Price. The contract includes provisions for multiple ordering periods, with task orders to be issued during the contract term. Key commercial terms include progress payments on fixed-price construction contracts with retainage provisions (maximum 10 percent pending satisfactory progress), liquidated damages of $659.48 for the first day of delay and $327.54 for each subsequent calendar day, and requirements for domestic construction materials under Buy American provisions with limited exceptions for designated country materials. The solicitation mandates Cybersecurity Maturity Model Certification (CMMC) Level 1 (Self) compliance for all information systems processing Federal contract information or controlled unclassified information. Payment processing is conducted through the Wide Area WorkFlow (WAWF) system with specific routing data codes (Pay Official DoDAAC F87700; Issue By, Admin, Inspect By, Service Approver, and Service Acceptor all using FA4625). Additional requirements include construction wage rate compliance, small business subcontracting limitations (50 percent for services, 50 percent for supplies excluding materials, 85 percent for general construction, 75 percent for special trade contractors), value engineering change proposals with government cost-sharing, and standard federal contractor representations and certifications regarding debarment status, tax compliance, and responsibility matters.
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DOCUMENT NUMBER
FA462526Q1062
CLAUSES INCORPORATED BY REFERENCE
CLAUSE
NO
ALT NO/
DEV NO
CLAUSE TITLE YEAR-
MO
SECTION
252.203-7000 Requirements Relating to Compensation of Former DoD Officials.
2011-09 SEC I
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2022-12 SEC I
252.203-7005 Representation Relating to Compensation of Former DoD Officials.
2022-09 SEC K
252.204-7004 Antiterrorism Awareness Training for Contractors. 2023-01 SEC I
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.
2016-10 SEC K
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
2024-05 SEC I
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
2023-01 SEC I
252.204-7024 Notice on the Use of the Supplier Performance Risk System. 2023-03 SEC L 252.205-7000 Provision of Information to Cooperative Agreement Holders. 2024-10 SEC I 252.223-7008 Prohibition of Hexavalent Chromium. 2023-01 SEC I 252.225-7012 Preference for Certain Domestic Commodities. 2022-04 SEC I
252.225-7055 Representation Regarding Business Operations with the Maduro Regime.
2022-05 SEC K
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.
2023-01 SEC I
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-Representation.
2023-06 SEC K
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.
2023-06 SEC I
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
2023-01 SEC I
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.
2018-12 SEC G
252.232-7010 Levies on Contract Payments. 2006-12 SEC I 252.236-7000 Modification Proposals--Price Breakdown. 1991-12 SEC G 252.236-7005 Airfield Safety Precautions. 1991-12 SEC I 252.243-7002 Requests for Equitable Adjustment. 2022-12 SEC I
252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations.
2010-10 SEC I
252.247-7023 Transportation of Supplies by Sea. 2024-10 SEC I
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.
2024-09 SEC K
52.203-13 Contractor Code of Business Ethics and Conduct. 2021-11 SEC I
52.203-18 Prohibition on Contracting with Entities that Require Certain
Internal Confidentiality Agreements or Statements- Representation.
2017-01 SEC L
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
2017-01 SEC I
52.203-3 Gratuities. 1984-04 SEC I 52.203-6 Restrictions on Subcontractor Sales to the Government. 2020-06 SEC I
52.203-6 ALT I Restrictions on Subcontractor Sales to the Government.
(Alternate I)
2021-11 SEC I
52.204-13 System for Award Management-Maintenance. (Deviation 2026-O0038)
2026-02 SEC I
52.204-7 System for Award Management-Registration. (Deviation 2026- O0038)
2026-02 SEC L
52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 SEC I
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (Deviation 2026-O0038)
2026-02 SEC I
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026-O0038)
2026-02 SEC I
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (Deviation 2026-O0038)
2026-02 SEC I
52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-02 SEC L
52.212-4 Terms and Conditions-Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-02 SEC I
52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026- O0038)
2026-02 SEC I
52.219-8 Utilization of Small Business Concerns. (Deviation 2026- O0038)
2026-02 SEC I
52.222-3 Convict Labor. (Deviation 2026-O0038) 2026-02 SEC I 52.222-35 Equal Opportunity for Veterans. (Deviation 2026-O0038) 2026-02 SEC I
52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026-O0038)
2026-02 SEC I
52.222-37 Employment Reports on Veterans. (Deviation 2026-O0038) 2026-02 SEC I
52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Deviation 2026-O0038)
2026-02 SEC I
52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038) 2026-02 SEC I 52.222-54 Employment Eligibility Verification. (Deviation 2026-O0038) 2026-02 SEC I
52.222-90 Addressing DEI Discrimination by Federal Contractors.
(Deviation 2026-O0040, Revision 1)
2026-04 SEC I
52.223-23 Sustainable Products. (Deviation 2026-O0038) 2026-02 SEC I
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.
2024-05 SEC I
52.229-12 Tax on Certain Foreign Procurements. (Deviation 2026-O0038) 2021-02 SEC I
52.232-33 Payment by Electronic Funds Transfer-System for Award Management.
2018-10 SEC I
52.232-40 Providing Accelerated Payments to Small Business Subcontractors.
2023-03 SEC I
52.233-3 Protest after Award. (Deviation 2026-O0038) 2026-02 SEC I
52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026-O0038)
2026-02 SEC I
52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026-O0038)
2026-02 SEC K
52.240-91 Security Prohibitions and Exclusions. (Deviation 2026-O0038) 2026-02 SEC I
52.240-93 Basic Safeguarding of Covered Contractor Information Systems. (Deviation 2026-O0038)
2026-02 SEC I
52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-04 SEC I
52.246-12 Inspection of Construction. 1996-08 SEC E 52.228-5 Insurance-Work on a Government Installation. 1997-01 SEC I 52.202-1 Definitions. 2020-06 SEC I 52.203-5 Covenant Against Contingent Fees. 2014-05 SEC I 52.203-7 Anti-Kickback Procedures. 2020-06 SEC I
52.203-12 Limitation on Payments to Influence Certain Federal Transactions.
2020-06 SEC I
52.204-19 Incorporation by Reference of Representations and Certifications.
2014-12 SEC I
52.215-8 Order of Precedence-Uniform Contract Format. (Deviation 2026-O0038)
2026-02 SEC I
52.222-6 Construction Wage Rate Requirements. (Deviation 2026- O0038)
2026-02 SEC I
52.222-7 Withholding of Funds. (Deviation 2026-O0038) 2026-02 SEC I 52.222-8 Payrolls and Basic Records. (Deviation 2026-O0038) 2026-02 SEC I 52.222-9 Apprentices and Trainees. (Deviation 2026-O0038) 2026-02 SEC I
52.222-10 Compliance with Copeland Act Requirements. (Deviation 2026-O0038)
2026-02 SEC I
52.222-11 Subcontracts (Labor Standards). (Deviation 2026-O0038) 2026-02 SEC I 52.222-12 Contract Termination-Debarment. 2014-05 SEC I
52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations.
2014-05 SEC I
52.222-14 Disputes Concerning Labor Standards. (Deviation 2026- O0038)
2026-02 SEC I
52.222-15 Certification of Eligibility. 2014-05 SEC I
52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method).
2018-08 SEC I
52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. (Deviation 2026-O0038)
2026-02 SEC I
52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation 2026-O0038)
2026-02 SEC I
52.223-2 Reporting of Biobased Products Under Service and Construction Contracts. (Deviation 2026-O0038)
2026-02 SEC I
52.223-5 Pollution Prevention and Right-to-Know Information. 2024-05 SEC I 52.226-7 Drug-Free Workplace. 2024-05 SEC I 52.227-4 Patent Indemnity-Construction Contracts. 2007-12 SEC I
52.225-11 ALT I Buy American-Construction Materials under Trade Agreements. (Deviation 2026-O0038) (Alternate I)
2026-02 SEC I
52.228-2 Additional Bond Security. 1997-10 SEC I 52.228-11 Individual Surety-Pledge of Assets. 2021-02 SEC I 52.228-14 Irrevocable Letter of Credit. 2014-11 SEC I 52.229-3 Federal, State, and Local Taxes. 2013-02 SEC I 52.232-17 Interest. 2014-05 SEC I 52.232-23 Assignment of Claims. 2014-05 SEC I 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 SEC I 52.233-1 Disputes. (Deviation 2026-O0038) 2026-02 SEC I 52.236-2 Differing Site Conditions. (Deviation 2026-O0038) 2026-02 SEC I
52.236-3 Site Investigation and Conditions Affecting the Work.
(Deviation 2026-O0038)
2026-02 SEC I
52.236-5 Material and Workmanship. (Deviation 2026-O0038) 2026-02 SEC I 52.236-6 Superintendence by the Contractor. (Deviation 2026-O0038) 2026-02 SEC I 52.236-7 Permits and Responsibilities. (Deviation 2026-O0038) 2026-02 SEC I 52.236-8 Other Contracts. (Deviation 2026-O0038) 2026-02 SEC I
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (Deviation 2026-O0038)
2026-02 SEC I
52.236-10 Operations and Storage Areas. (Deviation 2026-O0038) 2026-02 SEC I
52.236-11 Use and Possession Prior to Completion. (Deviation 2026- O0038)
2026-02 SEC I
52.236-12 Cleaning Up. (Deviation 2026-O0038) 2026-02 SEC I 52.236-13 Accident Prevention. (Deviation 2026-O0038) 2026-02 SEC I
52.236-14 Availability and Use of Utility Services. (Deviation 2026- O0038)
2026-02 SEC I
52.236-15 Schedules for Construction Contracts. (Deviation 2026-O0038) 2026-02 SEC I 52.236-17 Layout of Work. (Deviation 2026-O0038) 2026-02 SEC I
52.236-21 Specifications and Drawings for Construction. (Deviation 2026-O0038)
2026-02 SEC I
52.242-13 Bankruptcy. 1995-07 SEC I 52.242-14 Suspension of Work. 1984-04 SEC I 52.243-4 Changes. (Deviation 2026-O0038) 2026-02 SEC I 52.243-5 Changes and Changed Conditions. (Deviation 2026-O0038) 2026-02 SEC I 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 SEC I
Termination for Convenience of the Government (Fixed-
52.249-2 ALT I Price). (Alternate I) 1996-09 SEC I 52.249-10 Default (Fixed-Price Construction). 1984-04 SEC I 52.253-1 Computer Generated Forms. (Deviation 2026-O0038) 2026-02 SEC I 52.232-27 Prompt Payment for Construction Contracts. 2017-01 SEC I 52.246-21 Warranty of Construction. 1994-03 SEC I
252.225-7057 Preaward Disclosure of Employment of Individuals Who Work in the People's Republic of China.
2022-08 SEC K
252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China.
2023-01 SEC I
52.217-5 Evaluation of Options. (Deviation 2026-O0038) 2026-02 SEC M
52.225-12 Notice of Buy American Requirement-Construction Materials Under Trade Agreements.
2014-05 SEC M
52.225-12 ALT II Notice of Buy American Requirement-Construction Materials Under Trade Agreements. (Alternate II)
2023-11 SEC M
52.233-2 Service of Protest. (Deviation 2026-O0038) 2026-02 SEC L
252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.
2023-01 SEC L
52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (Deviation 2026-O0038)
2026-02 SEC L
252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.
2024-05 SEC I
252.225-7048 Export-Controlled Items. 2013-06 SEC I 252.225-7001 Buy American and Balance of Payments Program. 2024-02 SEC I
252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.
2014-09 SEC I
252.244-7999 DEV 2026-O0015 Subcontracts for Commercial Products or Commercial Services. (DEVIATION 2026-O0015)
2026-01 SEC I
CLAUSES IN FULL TEXT
CLAUSE
NO
CLAUSE TITLE ALT NO/
DEV NO
YEAR-
MO
CLAUSE TEXT
252.204-7017 Prohibition on the Acquisition of Covered Defense
Telecommunications Equipment or Services-Representation.
2021-05
PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS
EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)
The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."
(a) . "Covered defense telecommunications equipment or services," "covered mission," Definitions "critical technology," and "substantial or essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.
(b) . Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 Prohibition (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) . The Offeror shall review the list of excluded parties in the System for Award Procedures Management (SAM) at for entities that are excluded when providing any https://www.sam.gov equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.
(d) . If in its annual representations and certifications in SAM the Offeror has Representation represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:
The Offeror represents that it will will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.
(e) . If the Offeror has represented in paragraph (d) of this provision that it "will Disclosures provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:
(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).
(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.
(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).
(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
(End of provision)
252.204-7021 Contractor Compliance with the Cybersecurity Maturity Model
Certification Level Requirements.
2025-11
CONTRACTOR COMPLIANCE WITH THE CYBERSECURITY MATURITY MODEL
CERTIFICATION LEVEL REQUIREMENTS (NOV 2025)
(a) . As used in this clause- Definitions
"Controlled unclassified information" means information the Government creates or possesses, or information an entity creates or possesses for or on behalf of the Government, that a law, regulation, or Governmentwide policy requires or permits an agency to handle using safeguarding or dissemination controls (32 CFR 2002.4(h)).
"Current" means-
(1) With regard to Conditional Cybersecurity Maturity Model Certification (CMMC) Status-
(i) Not older than 180 days for Conditional Level 2 (Self) assessments and Conditional Level 2 (certified third-party assessment organization (C3PAO)) assessments, with-
(A) No changes in compliance with the requirements at 32 CFR part 170 since the Conditional CMMC Status date (see 32 CFR 170.16 and 170.17); and
(B) A corresponding affirmation of continuous compliance by an affirming official (see 32 CFR 170.4); and
(ii) Not older than 180 days for Conditional Level 3 (Defense Industrial Base Cybersecurity Assessment Center (DIBCAC)) assessments, with-
(A) No changes in compliance with the requirements at 32 CFR part 170 since the Conditional CMMC Status date (see 32 CFR 170.18); and
(B) A corresponding affirmation of continuous compliance by an affirming official;
(2) With regard to Final CMMC Status-
(i) Not older than 1 year for Final Level 1 (Self), with-
(A) No changes in compliance with the requirements at 32 CFR part 170 since the Final CMMC Status date (see 32 CFR 170.15); and
(B) A corresponding affirmation of continuous compliance, not older than 1 year, by an affirming official;
(ii) Not older than 3 years for Final Level 2 (Self) assessments and Final Level 2 (C3PAO) assessments, with-
(A) No changes in compliance with the requirements at 32 CFR part 170 since the Final CMMC Status date (see 32 CFR 170.16 and 170.17); and
(B) A corresponding affirmation of continuous compliance, not older than 1 year, by an affirming official; and
(iii) Not older than 3 years for Final Level 3 (DIBCAC) assessments, with-
(A) No changes in compliance with the requirements at 32 CFR part 170 since the Final CMMC Status date (see 32 CFR 170.18); and
(B) A corresponding affirmation of continuous compliance, not older than 1 year, by an affirming official; and
(3) With regard to affirmation of continuous compliance (32 CFR 170.22), not older than 1 year with no changes in compliance with the requirements at 32 CFR part 170.
"Cybersecurity Maturity Model Certification (CMMC) status" means the result of meeting or exceeding the minimum required score for the corresponding assessment. The potential statuses are as follows:
(1) Final Level 1 (Self).
(2) Conditional Level 2 (Self).
(3) Final Level 2 (Self).
(4) Conditional Level 2 (C3PAO).
(5) Final Level 2 (C3PAO).
(6) Conditional Level 3 (DIBCAC).
(7) Final Level 3 (DIBCAC).
"Cybersecurity Maturity Model Certification unique identifier (CMMC UID)" means 10 alpha-numeric characters assigned to each CMMC assessment and reflected in the Supplier Performance Risk System (SPRS) for each contractor information system.
"Federal contract information (FCI)" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government. It does not include information provided by the Government to the public, such as on public websites, or simple transactional information, such as information necessary to process payments.
"Plan of action and milestones" means a document that identifies tasks to be accomplished. It details resources required to accomplish the elements of the plan, any milestones in meeting the tasks, and scheduled completion dates for the milestones, as defined in National Institute of Standards and Technology Special Publication 800-115 (32 CFR 170.21).
(b) . The Cybersecurity Maturity Model Certification (CMMC) is a framework for Framework assessing a contractor's compliance with applicable information security protections (see 32 CFR part 170).
(c) . The CMMC assessments will not duplicate efforts from any other comparable Duplication DoD assessment, except for rare circumstances when a reassessment may be necessary, for example, when there are indications of issues with cybersecurity and/or compliance with CMMC requirements.
(d) . The Contractor shall- Requirements
(1)(i) Have and maintain for the duration of the contract a current CMMC status at the following CMMC level, or higher: CMMC Level 1 (Self) Contracting Officer insert: CMMC Level 1 for all information (Self); CMMC Level 2 (Self); CMMC Level 2 (C3PAO); or CMMC Level 3 (DIBCAC) systems used in performance of the contract, task order, or delivery order that process, store, or transmit FCI or CUI; and
(ii) Consult 32 CFR 170.23 related to the flowdown of the CMMC requirements, and flow down the correct CMMC level to subcontracts and other contractual instruments;
(2) Only process, store, or transmit FCI or CUI on contractor information systems that have a CMMC status at the CMMC level required in paragraph (d)(1) of this clause, or higher;
(3) Complete on an annual basis, and maintain as current, an affirmation, by the affirming official (see 32 CFR 170.4), of continuous compliance with the requirements associated with the CMMC level required in paragraph (d)(1) of this clause in the Supplier Performance Risk System (SPRS) (
) for each CMMC UID applicable to each of the contractor information systems that https://piee.eb.mil process, store, or transmit FCI or CUI and that are used in performance of the contract;
(4) Ensure all subcontractors and suppliers complete prior to subcontract award, and maintain on an annual basis, an affirmation, by the affirming official (see 32 CFR 170.4), of continuous compliance with the requirements associated with the CMMC level required for the subcontract or other contractual instrument for each of the subcontractor information systems that process, store, or transmit FCI or CUI and that are used in performance of the subcontract; and
(5) If the Contractor has a CMMC Status of Conditional, successfully close out a valid plan of action and milestones (32 CFR 170.21) to achieve a CMMC Status of Final.
(e) . The Contractor shall- Reporting
(1) Submit to the Contracting Officer-
(i) The CMMC UID(s) issued by SPRS for contractor information systems that will process, store, or transmit FCI or CUI during performance of the contract; and
(ii) Any changes in the CMMC UIDs generated in SPRS throughout the life of the contract, task order, or delivery order, if applicable;
(2) Enter into SPRS the results of a current self-assessment for each CMMC UID, not covered by a C3PAO assessment or DIBCAC assessment, applicable to each of the contractor information systems that process, store, or transmit FCI or CUI and that are used in performance of the contract; and
(3) Complete in SPRS on an annual basis and maintain as current an affirmation of continuous compliance by the affirming official (see 32 CFR 170.4) for each self-assessment, C3PAO assessment, or DIBCAC assessment required under the contract in SPRS.
(f) . The Contractor shall- Subcontracts
(1) Insert the substance of this clause, including this paragraph (f) and excluding paragraph (e)(1), in subcontracts and other contractual instruments, including those for the acquisition of commercial products or commercial services, excluding commercially available off-the-shelf items, if the subcontract or other contractual instrument will contain a requirement to process, store, or transmit FCI or CUI; and
(2) Prior to awarding a subcontract or other contractual instrument, ensure that the subcontractor has a current CMMC certificate or current CMMC status at the CMMC level that is appropriate for the information that is being flowed down to the subcontractor based on the requirements at 32 CFR 170.23.
(End of clause)
252.204-7025 Notice of Cybersecurity Maturity Model Certification Level
Requirements.
2025-11
NOTICE OF CYBERSECURITY MATURITY MODEL CERTIFICATION LEVEL
REQUIREMENTS (NOV 2025)
(a) . As used in this provision, "controlled unclassified information (CUI)," "current," Definitions "Cybersecurity Maturity Model Certification (CMMC) status," "Cybersecurity Maturity Model Certification unique identifier (CMMC UID)," "Federal contract information (FCI)", and "plan of action and milestones" have the meaning given in the Defense Federal Acquisition Regulation Supplement 252.204-7021, Contractor Compliance With the Cybersecurity Maturity Model Certification Level Requirements, clause of this solicitation.
(b)(1) . The CMMC level required by Cybersecurity Maturity Model Certification (CMMC) level this solicitation is: CMMC Level 1 (Self) [Contracting Officer insert: CMMC Level 1 (Self); CMMC
. This CMMC level, or higher Level 2 (Self); CMMC Level 2 (C3PAO); or CMMC Level 3 (DIBCAC)] (see 32 CFR part 170), is required prior to award for each contractor information system that will process, store, or transmit Federal contract information (FCI) or controlled unclassified information (CUI) during performance of the contract.
(2) The Offeror will not be eligible for award of a contract, task order, or delivery order resulting from this solicitation if the Offeror does not have, for each of the contractor information systems that will process, store, or transmit FCI or CUI and that will be used in performance of a contract resulting from this solicitation-
(i) The current CMMC status entered in the Supplier Performance Risk System (SPRS) ( ) at the CMMC level required by paragraph (b)(1) of this provision; andhttps://piee.eb.mil
(ii) A current affirmation of continuous compliance with the security requirements identified at 32 CFR part 170 in SPRS.
(c) . If the Offeror has a CMMC Status of Conditional, the Offeror Plan of action and milestones shall successfully close out a valid plan of action and milestones (32 CFR 170.21) to achieve a CMMC Status of Final.
(d) . The Offeror shall provide, in the proposal, the CMMC unique CMMC unique identifiers identifier(s) (CMMC UIDs) issued by SPRS for each contractor information system that will process, store, or transmit FCI or CUI during performance of a contract, task order, or delivery order resulting from this solicitation. The Offeror also shall update the list when new CMMC UIDs are generated in SPRS. The CMMC UIDs are provided in SPRS after the Offeror enters the results of self-assessment(s) for each such information system.
(End of provision)
252.232-7006 Wide Area WorkFlow Payment Instructions. 2023-01
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 Electronic invoicing.
vendor payment requests and receiving reports, as 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- WAWF training.
Based Training Course and use the Practice 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, WAWF methods of document submission.
Electronic Data Interchange, or File Transfer Protocol.
(f) The Contractor shall use the following information when WAWF payment instructions.
submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following Document type.
document type(s):
(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.
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(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.
Invoice 2in1
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(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 Document routing.
below only to fill in applicable fields in WAWF 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 F87700
Issue By DoDAAC FA4625
Admin DoDAAC FA4625
Inspect By DoDAAC FA4625
Ship To Code ____
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) FA4625
Service Acceptor (DoDAAC) FA4625
Accept at Other DoDAAC ____
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) The Contractor shall ensure a payment request includes documentation Payment request.
appropriate to the type of payment request in 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 Receiving report.
of DFARS Appendix F.
(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.
Not applicable
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
252.236-7001 Contract Drawings and Specifications. 2000-08
CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)
(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.
(b) The Contractor shall-
(1) Check all drawings furnished immediately upon receipt;
(2) Compare all drawings and verify the figures before laying out the work;
(3) Promptly notify the Contracting Officer of any discrepancies;
(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and
(5) Reproduce and print contract drawings and specifications as needed.
(c) In general--
(1) Large-scale drawings shall govern small-scale drawings; and
(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.
(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.
(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:
Title File Drawing No.
(End of clause)
52.212-2 Evaluation-Commercial Products and Commercial Services.
(Deviation 2026-O0038) 2026-02
Evaluation-Commercial Products and Commercial Services (Feb 2026) (Deviation 2026-O0038)
(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:
[Insert evaluation factors in the relative order of importance. For requests for proposals, state:
Evaluation factors other than price when combined are [significantly more important than price /approximately equal to price/significantly less important] than price. For invitations for bids, list only price and price-related factors.]
Past Performance
Price
Past performance is significantly more important than price
(b) . The Government will evaluate offers for award purposes by adding the Options (if applicable) total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).
(c) . A written notice of award or acceptance of an offer furnished to the successful Notice of award Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
52.216-18 Ordering. 2020-08
Ordering (Aug 2020)
Any supplies and services to be furnished under this contract shall be ordered by issuance of (a) delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through [insert dates].Date of Award Last day of Base/Exercised Option Year
All delivery orders or task orders are subject to the terms and conditions of this contract. In the (b) event of conflict between a delivery order or task 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 (1) deposits the order in the mail;
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 (i) notice is sent to the Contractor; or
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 (d) the contract.
(End of clause)
52.216-19 Order Limitations. 1995-10
Order Limitations (OCT 1995)
. When the Government requires supplies or services covered by this contract in an (a) Minimum order amount of less than [insert dollar figure or quantity], the Government is not obligated to $2,000.00 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 [insert dollar figure or quantity];(1) $1,000,000.00
Any order for a combination of items in excess of [insert dollar figure or quantity]; (2) $5,000,000.00 or
A series of orders from the same ordering office within days that together call for quantities (3) 5 exceeding the limitation in paragraph (b)(1) or (2) of this section.
If this is a requirements contract ( includes the Requirements clause at subsection 52.216-21 of (c) i.e., the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph
(b) of this section.
Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order (d) exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship 2 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. (Deviation 2026-O0038) 2026-02
Indefinite Quantity (FEB 2026) (DEVIATION 2026-O0038)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after the last negotiated completion date of any task order issued
[insert date].during the term of the contract
(End of clause)
52.217-9 Option to Extend the Term of the Contract. 2000-03
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 (a) [insert the period of time within which the Contracting Officer may exercise the option]; 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days[ ] before the contract expires. The 60 days 60days unless a different number of days is inserted preliminary notice does not commit the Government to an extension.
If the Government exercises this option, the extended contract shall be considered to include this (b) option clause.
The total duration of this contract, including the exercise of any options under this clause, shall not (c) exceed (months) (years).5 years
(End of clause)
52.219-14 Limitations on Subcontracting. (Deviation 2026-O0038) 2026-02
Limitations on Subcontracting (Feb 2026) (Deviation 2026-O0038)
(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, Definition. Similarly situated entity including an independent contractor, that-
(1) Has the same small business program status as that which qualified the prime contractor for the award ( , for a small business set-aside contract, any small business concern, without regard to its e.g.
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 sections 19.105, 19.106, 19.107, and 19.108;
(4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in 8.4 and 16.5;
(5) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts, as described in 8.4 and 16.5; 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 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 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;
(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.
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)
52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. 2020-06
Tax on Certain Foreign Procurements-Notice and Representation (Jun 2020)
(a) . As used in this provision-Definitions
Foreign person means any person other than a United States person.
Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area of the United States.
United States person as defined in 26 U.S.C. 7701(a)(30) means
(1) A citizen or resident of the United States;
(2) A domestic partnership;
(3) A domestic corporation;
(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and
(5) Any trust if-
(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and
(ii) One or more United States persons have the authority to control all substantial decisions of the trust.
(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.
(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror may claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the
IRS.
(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that
(1) It is is not a foreign person; and
(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that-I am claiming on the IRS Form W-14 a full exemption, or partial or no exemption [ ] from the excise tax.Offeror must select one
(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then-
(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and
(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.
(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229- 12, Tax on Certain Foreign Procurements, in any resulting contract.
(g) A taxpayer may, for a fee, seek advice from the IRS as to the proper tax treatment of a transaction.
This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.
(End of provision)
52.225-11 Buy American-Construction Materials under Trade Agreements.
(Deviation 2026-O0038) 2026-02
Buy American-Construction Materials under Trade Agreements (Feb 2026) (Deviation 2026-O0038)
(a) . As used in this clause-Definitions
Caribbean Basin country construction material means a construction material that-
(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.
Commercially available off-the-shelf (COTS) item-
(1) Means any item of supply (including construction material) that is-
(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
Component means an article, material, or supply incorporated directly into a construction material.
Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work.
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