Attachment 1 FA489726B0004 - Clauses.pdf

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Oil Water Separator Design/Install
Solicitation number
FA489726B0004
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About this file

This document is a contract administration and clause incorporation document for a sealed bidding construction procurement (Contract Number FA489726B0004) issued by the United States Air Force, 366th Contracting Squadron.

The contract establishes mandatory electronic payment processing through the Wide Area WorkFlow (WAWF) system, requiring contractors to maintain registration in the System for Award Management (SAM) and submit all invoices, receiving reports, and payment requests electronically via web entry, Electronic Data Interchange, or File Transfer Protocol. Payment routing is directed to specific Department of Defense Activity Address Codes, with the Pay Official DoDAAC as F87700 and multiple administrative and service approval/acceptance codes assigned to FA4897. The contractor must submit appropriate document types based on contract type: cost vouchers for cost-type line items; invoices and receiving reports for fixed-price deliverables; Invoice 2in1 for fixed-price services without deliverables; progress payment requests for customary progress payments; and performance-based payment requests where applicable. The document incorporates over 50 Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) clauses by reference and full text, covering requirements for small business subcontracting limitations (50% for services/supplies, 85% for general construction, 75% for special trade construction), compliance with covered defense telecommunications equipment prohibitions, tax withholding on foreign procurements, employment eligibility verification, labor relations notifications, and various other federal compliance and reporting requirements. Evaluation factors are referenced as contained in a separate Request for Technical Proposals document, and the contract utilizes sealed bidding procedures with specific provisions for amendments, late submissions, and award notification protocols.

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Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number T1tle

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

252.236-7000 Modification Proposals--Price Breakdown.

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area Workflow Payment lnsbUclions.

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause-

Effecllve Date

Dec 2018 Dec 1991

(Jan2023)

"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).

FA489726B0004

Alternate/ Variation

Deviation Effecllve Date

"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.

(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:

N/A

(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.

(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.

Construction Invoice

(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.

FA489726B0004

(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 F87700

Issue By DoDAAC FA4897

Admin DoDAAC FA4897

Inspect By DoDAAC F3F3CE

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC) FA4897

Service Acceptor (DoDAAC) FA4897

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(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) WA WF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

366CONS.PKB.Construction@us.af.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section H - Special Contract Requirements

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number

52.203-3 52.203-6 52.203-6 52.203-8 52.203-10 52.203-19 52.204-10 52.204-13 52.204-19 52.209-6

52.209-10 52.212-4 52.214-29 52.219-6 52.219-8 52.219-33 52.222-35 52.222-36 52.222-37 52.222-40 52.222-50 52.222-54 52.223-5 52.223-23 52.226-8 52.228-5 52.229-12 52.232-33 52.232-40 52.233-3 52.233-4 52.240-91 52.244-6

TIiie

Gratuities.

Restrictions on Subcontractor Sales to the Government.

Restrictions on Subcontractor Sales to the Government. (Alternate I) Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

Price or Fee Adjustment for Illegal or Improper Activity.

Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

Reporting Executive Compensation and First-Tier Subcontract Awards. (Deviation) System for Award Management-Maintenance. (Deviation) Incorporation by Reference of Representations and Certifications.

Protecting the Government"s Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation) Prohibition on Contracting With Inverted Domestic Corporations. (Deviation) Terms and Conditions-Commercial Products and Commercial Services. (Deviation) Order of Precedence-Sealed Bidding.

Notice of Total Small Business Set-Aside. (Deviation) Utilization of Small Business Concerns. (Deviation) Nonmanufacturer Rule. (Deviation) Equal Opportunity for Veterans. (Deviation) Equal Opportunity for Workers with Disabilities. (Deviation) Employment Reports on Veterans. (Deviation) Notification of Employee Rights Under the National Labor Relations Act. (Deviation) Combating Trafficking in Persons. (Deviation) Employment Eligibility Verification. (Deviation) Pollution Prevention and Right-to-Know Information.

Sustainable Products. (Deviation) Encouraging Contractor Policies to Ban Text Messaging While Driving.

Insurance-Work on a Government Installation.

Tax on Certain Foreign Procurements.

Payment by Electronic Funds Transfer-System for Award Management.

Providing Accelerated Payments to Small Business Subcontractors.

Protest after Award. (Deviation) Applicable Law for Breach of Contract Claim. (Deviation) Security Prohibitions and Exclusions. (Deviation) Subcontracts for Commercial Products and Commercial Services. (Deviation)

DFARS Clauses Incorporated by Reference

Number

252.203-7000 252.203-7002 252.204-7012 252.204-7018 252.223-7008 252.225-7012 252.225-7048 252.225-7056 252.225-7060 252.232-7010 252.243-7002 252.246-7004 252.247-7023

TIiie

Requirements Relating to Compensation of Former DoD Officials.

Requirement to Inform Employees of Whistleblower Rights.

Safeguarding Covered Defense Information and Cyber Incident Reporting.

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

Prohibition of Hexavalent Chromium.

Preference for Certain Domestic Commodities.

Export-Controlled Items.

Prohibition Regarding Business Operations with the Maduro Regime.

Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

Levies on Contract Payments.

Requests for Equitable Adjustment.

Safety of Facilities, Infrastructure, and Equipment for Military Operations.

Transportation of Supplies by Sea.

FAR Clauses Incorporated by Full Text

52.219-14 Umnatlons on Subcontracting. (Deviation)

Limitations on Subcontracting (Feb 2026) (Deviation)

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

Effective Date

Apr 1984 Jun 2020 Jun 2020 May 2014 May 2014 Jan 2017 Feb 2026 Feb 2026 Dec 2014 Feb 2026

Feb 2026 Feb 2026 Jan 1986 Feb 2026 Feb 2026 Feb 2026 Feb 2026 Feb 2026 Feb 2026 Feb 2026 Feb 2026 Feb 2026 May 2024 Feb 2026 May 2024 Jan 1997 Feb 2021 Oct 2018 Mar 2023 Feb 2026 Feb 2026 Feb 2026 Feb 2026

Effective Date

Sep 2011 Dec 2022 May 2024 Jan 2023 Jan 2023 Apr 2022 Jun 2013 Jan 2023 Jun 2023 Dec 2006 Dec 2022 Oct 2010 Oct 2024

(Feb2026)

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

FA489726B0004

Alternate/ Variation

Deviation Effective Date

Alternate I Nov 2021

Alternate/ Variation

Deviation Effective Date

(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);

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

(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 protege and its mentor approved by the Small Business Administration, the small business protege shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

52.252-2 Clauses lncorporalad by Reference. (Feb 1998)

Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.govAlrowse/index/lar

(End of clause)

DFARS Clauses Incorporated by Full Text

252.236-7001 Contract Drawings and Specifications.

CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(Aug2000)

(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)

Section K - Representations, Certification, & Other Statements

FAR Clauses Incorporated by Reference

Number

52.240-90

Tille

Security Prohibitions and Exclusions Representations and Certifications. (Deviation)

DFARS Clauses Incorporated by Reference

Number

252.203-7005 252.204-7008 252.225-7055 252.225-7059

T1tle

Representation Relating to Compensation of Former DoD Officials.

Compliance with Safeguarding Covered Defense Information Controls.

Representation Regarding Business Operations with the Maduro Regime.

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

FAR Clauses Incorporated by Full Text

52.229-11 Tax on Certain Foreign Procurements-Noice and Representation.

Tax on Certain Foreign Procurements-Notice and Representation (Jun 2020)

(a) Definitions. As used in this provision-

Foreign person means any person other than a United States person.

Effective Date

Feb 2026

Effecllve Date

Sep 2022 Oct 2016 May 2022 Jun 2023

(Jun2020)

FA489726B0004

Alternate/ Variation

Deviation Effecliva Date

Alternate/ Variation

Deviation Effecllve Date

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 [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.

(End of provision)

DFARS Clauses Incorporated by Full Text

252.204-7017 Prohibition on 1he Acquisition of Covered Defense Teleoommunlcatlons Equipment or Servlces Representallon.

(May2021)

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.

(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)

Section L - Instructions, Conditions, & Notices to Offerors or Quoters

FAR Clauses Incorporated by Reference

Number

52.204-7 52.212-1 52.214-3 52.214-4 52.214-5 52.214-6 52.214-7 52.214-12 52.214-18 52.214-19 52.214-23

Trtle

System for Award Management-Registration. (Deviation) Instructions to Offerors-Commercial Products and Commercial Services. (Deviation) Amendments to Invitations for Bids. (Deviation) False Statements in Bids.

Submission of Bids. (Deviation) Explanation to Prospective Bidders.

Late Submissions, Modifications, and Withdrawals of Bids. (Deviation) Preparation of Bids.

Preparation of Bids-Construction.

Contract Award-Sealed Bidding-Construction.

Late Submissions, Modifications, Revisions, and Withdrawals of Technical Proposals under Two-Step Sealed Bidding. (Deviation)

DFARS Clauses Incorporated by Reference

Number T1tle

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements.

252.204-7024 Notice on the Use of the Supplier Performance Risk System.

DFARS Clauses Incorporated by Full Text

252.215-7008 Only One Offer.

ONLY ONE OFFER (DEC 2022)

Effective Date

Feb 2026 Feb 2026 Feb 2026 Apr 1984 Feb 2026 Apr 1984 Feb 2026 Apr 1984 Apr 1984 Aug 1996 Feb 2026

Effecllv8 Date

Nov 2023 Mar 2023

{Dec2022)

FA489726B0004

Alternate/ Variation

Deviation Effecliva Date

Alternate/ Variation

Deviation Effecllv8 Date

(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to-

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable (1 O U.S.C. 3705) or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 3702 and FAR 15.403-3); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1 (b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision

252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4(c), the

Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price

(comparable to the analysis required at FAR 15.404-1 ).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable.

(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the

Government to make the award to that offeror.

(c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

Section M - Evaluation Factors for Award

FAR Clauses Incorporated by Full Text

52.212-2 Evaluation-COmmercial Producls and Commercial Services. (Deviation) (Feb2026)

FA489726B0004

Evaluation-Commercial Products and Commercial Services (Feb 2026) (Deviation)

(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:

Please reference the Request for Technical Proposals.

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the 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) Notice of award. A written notice of award or acceptance of an offer furnished to the successful 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.

File details come from the government source that posted it. Updated .