Attachment 0002 - Clauses Incorporated by Reference.pdf
PDF 242 KB Posted
- Attached to
- CARC Paint Coating Federal contract opportunity
- Solicitation number
- W912CH-26-Q-A057
- Issued by
- Department of the Army
About this file
This document is a clauses incorporation list and contract clauses document for a Department of Defense contract (W912CH26QA057) issued under the Army Corps of Engineers.
The document primarily contains administrative and regulatory clauses incorporated by reference and in full text, establishing the contractual framework and requirements. Key clauses address compensation of former DoD officials, whistleblower protections, safeguarding covered defense information, cyber incident reporting, prohibition on acquisition of covered defense telecommunications equipment or services, and restrictions on contracting with entities engaged in business with the Maduro regime or sourcing from Xinjiang. Additional clauses cover buy American preferences, domestic commodity preferences, small business subcontracting plans, defense priorities and allocations system (DPAS) certification, and payment processing through the Wide Area WorkFlow (WAWF) system using specific routing codes (Pay Official DoDAAC: W56TRU, Issue By DoDAAC: W912CH, Ship To Code: M900000). The contract includes clauses mandating electronic payment submissions, requiring contractors to maintain System for Award Management (SAM) registration, and imposing a 2 percent excise tax on payments to foreign persons for certain foreign procurements unless exemptions are claimed via IRS Form W-14. Small business rerepresentation requirements are mandated for contract modifications, mergers, acquisitions, and long-term contracts at specified intervals. The document confirms the contract will be rated as a DO-rated order under the Defense Priorities and Allocations System (DPAS) for national defense use.
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| Attachment 0004 - PWS - Application of CARC E L Coatings.pdf | ||
| Attachment 0003 CLIN Pricing.pdf |
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Text version
O0038)
2026-O0038)
(Alternate I)
W912CH26QA057
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
252.204-7008
252.204-7012
Representation Relating to Compensation of Former DoD -09 SEC K
Officials.
Compliance with Safeguarding Covered Defense Information -10 SEC K
Controls.
Safeguarding Covered Defense Information and Cyber
Incident Reporting.
252.204-7018 Prohibition on the Acquisition of Covered Defense
Telecommunications Equipment or Services.
2023-01 SEC I
252.204-7023 Reporting Requirements for Contracted Services – Basic 2021-7 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
252.225-7001 Buy American and Balance of Payments Program. 2024-02 SEC I
252.225-7002 Qualifying Country Sources as Subcontractors. 2022-03 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.
252.225-7056 Prohibition Regarding Business Operations with the Maduro
Regime.
252.225-7059 Prohibition on Certain Procurements from the Xinjiang
Uyghur Autonomous Region-Representation.
252.225-7060 Prohibition on Certain Procurements from the Xinjiang
Uyghur Autonomous Region.
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic
Enterprises, and Native Hawaiian Small Business Concerns.
252 232-7003 Electronic Submission of Payment Requests and Receiving
52 203-11 Certification and Disclosure Regarding Payments to Influence 2024-09 SEC K
Certain Federal Transactions.
Prohibition on Contracting with Entities that Require Certain
52.203-18 Internal Confidentiality Agreements or Statements- 2017-01 SEC L
Representation.
52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements.
2017-01 SEC I SEC I
52.203-3 Gratuities. 1984-04 SEC I
52.203-6 Restrictions on Subcontractor Sales to the Government.
52.204-13
System for Award Management-Maintenance. (Deviation
52.219-9 Small Business Subcontracting Plan (Deviation 2026)
52.219-16 Liquidated Damages-Subcontracting Plan (Deviation 2026)
DOCUMENT NUMBER
2024-05 SEC I
252.232-7010
Reports.
Levies on Contract Payments.
2006-12
SEC I
252.243-7002 Requests for Equitable Adjustment. 2022-12 SEC I
252.247-7023 Transportation of Supplies by Sea. 2024-10 SEC I
2021-11 SEC I
2026-02 SEC I
2026-02 SEC L
2022-05 SEC K
2023-01 SEC
2023-06 SEC K
2023-06 SEC
2023-01 SEC I
2018-12 SEC G
52.204-7 System for Award Management-Registration. (Deviation 2026-
52.204-9 Personal Identity Verification of Contractor
Personnel
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations. (Deviation 2026-O0038)
Protecting the Government's Interest When Subcontracting
2011-01 SEC I
2026-
52.209-6 With Contractors Debarred, Suspended, Proposed for 2026-02 SEC I
Debarment, or Voluntarily Excluded. (Deviation 2026-O0038)
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters. (Deviation 2026-O0038) 2026-02 SEC I
52.211-15 Defense Priority and Allocation Requirements. 2008-04 SEC I
52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. (Deviation 2026-O0038)
52.212-4 Terms and Conditions-Commercial Products and Commercial Services. (Deviation 2026-O0038)
52.217-4 Evaluation of Options Exercised Time of Award
52.219-6
52.219-8
52.222-19
52.222-3
52.222-35
52.222-36
52.222-37
52.222-40
52.222-50
52.222-54
52.222-90
52.223-23
52.226-8
52.229-12
Notice of Total Small Business Set-Aside. (Deviation 2026- O0038)
Utilization of Small Business Concerns. (Deviation 2026- 02 SEC I O0038)
Child Labor-Cooperation with Authorities and Remedies.
2026-
(Deviation 2026-O0038)
Convict Labor. (Deviation 2026-O0038) 2026- 02 SEC I
Equal Opportunity for Veterans. (Deviation 2026-O0038) 2026-02 SEC I
Equal Opportunity for Workers with Disabilities. (Deviation 2026-
2026-O0038)
Employment Reports on Veterans. (Deviation 2026-O0038) 2026-02 SEC I
Notification of Employee Rights Under the National Labor Relations Act. (Deviation 2026-O0038)
Combating Trafficking in Persons. (Deviation 2026-O0038) 2026-02 SEC I
Employment Eligibility Verification. (Deviation 2026-O0038) 2026-02 SEC I
Addressing DEI Discrimination by Federal Contractors.
2026-
(Deviation 2026-O0040, Revision 1)
Sustainable Products. (Deviation 2026-O0038) 2026-02 SEC I
Encouraging Contractor Policies to Ban Text Messaging While 2024-
Driving.
Tax on Certain Foreign Procurements. (Deviation 2026-O0038) 2026-02 SEC I
52.232-33 Payment by Electronic Funds Transfer-System for Award Management.
52.232-40 Providing Accelerated Payments to Small Business Subcontractors.
52.233-3 Protest after Award. (Deviation 2026-O0038)
52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026-O0038)
52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026-O0038)
52.240-91 Security Prohibitions and Exclusions. (Deviation 2026-O0038)
52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)
2018-10 SEC I
2023-03 SEC I
2026-02 SEC I
2026-02 SEC K
2026-02 SEC I
2026-04 SEC I
03 SEC I
02 SEC I
04 SEC I
05 SEC I
2026- 02 SEC I
2026-02 SEC L
2026-02 SEC I
2026-02 SEC M
2026- 02 SEC I
CLAUSES IN FULL TEXT
CLAUSE
NO
CLAUSE TITLE
ALT NO/
DEV NO
YEAR-
MO
CLAUSE TEXT
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) Definitions. "Covered defense telecommunications equipment or services," "covered mission," "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) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018
(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) Procedures. The Offeror shall review the list of excluded parties in the System for Award
Management (SAM) at https://www.sam.gov for entities that are excluded when providing 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, unless a waiver is granted.
(d) Representation. If in its annual representations and certifications in SAM the Offeror has 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) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will 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.
https://www.sam.gov/
(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)
252.232-7006 Wide Area WorkFlow Payment Instructions. 2023-01
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) Definitions. As used in this clause-
"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) Electronic invoicing. The WAWF system provides the method to electronically process 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) WAWF access. To access WAWF, the Contractor shall-
(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) WAWF training. The Contractor should follow the training instructions of the WAWF Web- 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) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following 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.
Combo
(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.
Combo
(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.
(3) Document routing. The Contractor shall use the information in the Routing Data Table 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 W56TRU
Issue By DoDAAC W912CH
Admin DoDAAC
See cover sheet
Inspect By DoDAAC See cover sheet
Ship To Code M900000
Inspect By DoDAAC See cover sheet
Ship To Code M900000
Ship From Code N/A
Mark For Code N/A_
Service Approver (DoDAAC) N/A
Service Acceptor (DoDAAC) N/A
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A_
(4) Payment request. The Contractor shall ensure a payment request includes documentation 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) Receiving report. The Contractor shall ensure a receiving report meets the requirements 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
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
52.211-14 Notice of Priority Rating for National Defense, Emergency
Preparedness, and Energy Program Use.
2008-04
Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use
(APR 2008)
Any contract awarded as a result of this solicitation will be
DX rated order;
DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR700), and the Contractor will be required to follow all of the requirements of this regulation.
52.229-11 Tax on Certain Foreign Procurements-Notice and Representation.
(Deviation 2026-O0038)
2026-02 Tax on Certain Foreign Procurements-Notice and Representation (Feb 2026) (Deviation 2026-O0038)
(a) Definitions. As used in this provision-
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 http://www.irs.gov/w14 am claiming on the IRS Form W-14 a full exemption, or partial or no exemption [Offeror must select one] from the excise tax.
(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.
52.219-28 Post Award Small Business Program Representation (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 https://www.irs.gov/help/tax-law-https://www.irs.gov/help/tax-law-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.____________________________ ]
DFARS 252.219-7996 Small Business Subcontracting Plan (DoD Contracts). (DEVIATION 2026-O0037)
Small Business Subcontracting Plan (DOD Contracts)—Basic (DEVIATION 2026-O0037) (FEB 2026)
This clause supplements the Federal Acquisition Regulation 52.219-9, Small Business Subcontracting Plan, clause of this contract.
(a) Definitions. As used in this clause—
“Summary Subcontract Report (SSR) Coordinator” means the individual who is registered in the Electronic
Subcontracting Reporting System (eSRS) at the Department of Defense level and is responsible for acknowledging receipt or rejecting SSRs submitted under an individual subcontracting plan in eSRS for the
Department of Defense.
(b) Subcontracts awarded to qualified nonprofit agencies designated by the Committee for Purchase From
People Who Are Blind or Severely Disabled (41 U.S.C. 8502-8504), may be counted toward the
Contractor’s small business subcontracting goal.
(c) A mentor firm, under the Pilot Mentor-Protege Program established under section 831 of Public Law
101-510, as amended, may count toward its small disadvantaged business goal, subcontracts awarded to—
(1) Protege firms which are qualified organizations employing the severely disabled; and
(2) Former protege firms that meet the criteria in section 831(g)(4) of Public Law 101-510.
(d) The master plan is approved by the Contractor's cognizant contract administration activity.
(e) In those subcontracting plans which specifically identify small businesses, the Contractor shall notify the Administrative Contracting Officer of any substitutions of firms that are not small business firms, for the small business firms specifically identified in the subcontracting plan. Notifications shall be in writing and shall occur within a reasonable period of time after award of the subcontract. Contractor-specified formats shall be acceptable.
(f)(1) For DoD, the Contractor shall submit reports in eSRS as follows:
(i) Submit the Individual Subcontract Report (ISR) to the contracting officer at the procuring contracting office, even when contract administration has been delegated to the Defense Contract Management
Agency.
(ii) Submit the consolidated SSR for an individual subcontracting plan to the “Department of Defense.”
(2) For DoD, the authority to acknowledge receipt or reject reports in eSRS is as follows:
(i) The authority to acknowledge receipt or reject the ISR resides with the contracting officer who receives it, as described in paragraph (f)(1)(i) of this clause.
(ii) The authority to acknowledge receipt of or reject SSRs submitted under an individual subcontracting plan resides with the SSR Coordinator.
(g) Insert the clause at Defense Federal Acquisition Regulation Supplement (DFARS) 252.219-7997, Small Business Subcontracting Plan (Test Program), in subcontracts with subcontractors that participate in the Test Program described in DFARS 219.206-70, if the subcontract is expected to exceed the applicable threshold specified in Federal Acquisition Regulation 19.109(a)(1) and to have further subcontracting opportunities.
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