Attachment 1 - Solicitation - W912J326QA006.pdf
PDF 3 MB Posted
- Attached to
- NMARNG RECRUITING MULTIMEDIA SPCIALIST
- Solicitation number
- W912J326QA006
- Issued by
-
Department of the Army National Guard
About this file
This is a Request for Proposal (RFP) for NMARNG Recruiting Multimedia Specialist services issued by the New Mexico Army National Guard (NMARNG) under solicitation number W912J326QA006.
The contract is a Women-Owned Small Business (WOSB) set-aside with a 100% reservation for North American Business. The solicitation is for recruiting multimedia specialist services classified under Product Service Code R701 and NAICS code 541810, with a firm fixed price arrangement. The base year runs from 25 September 2026 through 24 September 2027, with four one-year option periods and one six-month extension option, for a total potential contract duration of 5 years and 6 months. The service performance site is located at W8BM NMARNG ELEMENT, JF HQ, 47 Bataan Boulevard, Santa Fe, New Mexico 87508-0000, under the supervision of CSM Jose Fuentes. The offer due date is 15 September 2026 at 4:00 PM local time. The solicitation incorporates standard FAR and DFARS clauses, including provisions for payment via the Wide Area WorkFlow (WAWF) system using document type Invoice 2in1 for fixed-price service line items. Inspection and acceptance will be completed at both destination and service performance site locations. The contract includes limitations on subcontracting requirements, with contractors prohibited from paying more than 50 percent of government payments to non-similarly situated subcontractors for service work. The point of contact for questions is LTC Cazares at 505-660-4909.
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Text version
WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH
AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND
ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED
29. AWARD OF CONTRACT: REFERENCE OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
calls)
Section A - Solicitation/Contract Form
NMARNG RECRUITING MULTIMEDIA SPECIALISTInstrument Name:
Product Service Code : R701
W912J326QA006
Section B - Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies/Service Quanti ty
Unit Unit Price Amount
0001 NMARNG RECRUITING
MULTIMEDIA SPECIALIST (BASE
YEAR)
Product Service Code: R701
North American Industry Classification System (NAICS):
541810
Pricing Arrangement: Firm Fixed Price
1 Operat ing Unit
0002 BASE YEAR: TRAVEL
Product Service Code: R701
North American Industry Classification System (NAICS):
541810
Pricing Arrangement: Firm Fixed Price
1 Operat ing Unit
Option Line Item
NMARNG RECRUITING
MULTIMEDIA SPECIALIST:
OPTION YEAR 1
Product Service Code: R701
North American Industry Classification System (NAICS):
541810
1 Operat ing Unit
Pricing Arrangement: Firm Fixed Price
Option Line Item
OPTION YEAR 1: TRAVEL
Product Service Code: R701
North American Industry Classification System (NAICS):
541810
Pricing Arrangement: Firm Fixed Price
1 Operat ing Unit
Option Line Item
NMARNG RECRUITING
MULTIMEDIA SPECIALIST:
OPTION YEAR 2
Product Service Code: R701
North American Industry Classification System (NAICS):
541810
Pricing Arrangement: Firm Fixed Price
1 Operat ing Unit
Option Line Item
OPTION YEAR 2: TRAVEL
Product Service Code: R701
North American Industry Classification System (NAICS):
541810
Pricing Arrangement: Firm Fixed Price
1 Operat ing Unit
Option 1 Operat
Line Item
NMARNG RECRUITING
MULTIMEDIA SPECIALIST:
OPTION YEAR 3
Product Service Code: R701
North American Industry Classification System (NAICS):
541810
Pricing Arrangement: Firm Fixed Price ing Unit
Option Line Item
OPTION YEAR 3: TRAVEL
Product Service Code: R701
North American Industry Classification System (NAICS):
541810
Pricing Arrangement: Firm Fixed Price
1 Operat ing Unit
Option Line Item
NMARNG RECRUITING
MULTIMEDIA SPECIALIST:
OPTION YEAR 4
Product Service Code: R701
North American Industry Classification System (NAICS):
541810
Pricing Arrangement: Firm Fixed Price
1 Operat ing Unit
Option Line Item
OPTION YEAR 4: TRAVEL
Product Service Code: R701
1 Operat ing Unit
4002 North American Industry Classification System (NAICS):
541810
Pricing Arrangement: Firm Fixed Price
Option Line Item
NMARNG RECRUITING
MULTIMEDIA SPECIALIST: 6-
MONTH EXTENSION (RFO FAR
52.217-8)
Product Service Code: R701
North American Industry Classification System (NAICS):
541810
Pricing Arrangement: Firm Fixed Price
1 Operat ing Unit
Option Line Item
OPTION PERIOD 5 (6-MONTH
EXTENSION): TRAVEL
Product Service Code: R701
North American Industry Classification System (NAICS):
541810
Pricing Arrangement: Firm Fixed Price
1 Operat ing Unit
Section C - Description/Specifications/Statement of Work
Requirements
NMARNG RECRUITING MULTIMEDIA SPECIALIST
Section E - Inspection and Acceptance
Overall Contract Inspection/Acceptance Locations
0001 Inspection and Acceptance Location
Both Destination Instructions: SEE PWS
DoDAAC: W90XT4 CountryCode: USA
W8BM NMARNG ELEMENT, JF HQ
47 BATAAN BLVD, SANTA FE NM 87508-0000
SANTA FE, NM 87508-0000
UNITED STATES
CSM JOSE FUENTES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: SEE PWS
DoDAAC: W90XT4 CountryCode: USA
W8BM NMARNG ELEMENT, JF HQ
47 BATAAN BLVD, SANTA FE NM 87508-0000
SANTA FE, NM 87508-0000
UNITED STATES
CSM JOSE FUENTES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: SEE PWS
DoDAAC: W90XT4 CountryCode: USA
W8BM NMARNG ELEMENT, JF HQ
47 BATAAN BLVD, SANTA FE NM 87508-0000
SANTA FE, NM 87508-0000
UNITED STATES
CSM JOSE FUENTES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: SEE PWS
DoDAAC: W90XT4 CountryCode: USA
W8BM NMARNG ELEMENT, JF HQ
47 BATAAN BLVD, SANTA FE NM 87508-0000
SANTA FE, NM 87508-0000
UNITED STATES
CSM JOSE FUENTES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: SEE PWS
DoDAAC: W90XT4 CountryCode: USA
W8BM NMARNG ELEMENT, JF HQ
47 BATAAN BLVD, SANTA FE NM 87508-0000
SANTA FE, NM 87508-0000
UNITED STATES
CSM JOSE FUENTES
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: SEE PWS
DoDAAC: W90XT4 CountryCode: USA
W8BM NMARNG ELEMENT, JF HQ
47 BATAAN BLVD, SANTA FE NM 87508-0000
SANTA FE, NM 87508-0000
UNITED STATES
CSM JOSE FUENTES
Section F - Deliveries or Performance
0001 1 Operating UnitQuantity
Address and POC Service Performance Site DoDAAC: W90XT4
Period of Performance From 25 Sep 2026 To 24 Sep 2027
0002 1 Operating UnitQuantity
Address and POC
Period of Performance From 25 Sep 2026 To 24 Sep 2027
Option Line Item
1 Operating UnitQuantity
Address and POC Service Performance Site DoDAAC: W90XT4
Period of Performance From 25 Sep 2027
To 24 Sep 2028
Option Line Item
1 Operating UnitQuantity
Address and POC
Period of Performance From 25 Sep 2027 To 24 Sep 2028
Option Line Item
1 Operating UnitQuantity
Address and POC Service Performance Site DoDAAC: W90XT4
Period of Performance From 25 Sep 2028 To 24 Sep 2029
Option Line Item
1 Operating UnitQuantity
Address and POC
Period of Performance
From 25 Sep 2028 To 24 Sep 2029
Option Line Item
1 Operating UnitQuantity
Address and POC Service Performance Site DoDAAC: W90XT4
Period of Performance From 25 Sep 2029 To 24 Sep 2030
Option Line Item
1 Operating UnitQuantity
Address and POC
Period of Performance From 25 Sep 2029 To 24 Sep 2030
Option Line Item
1 Operating UnitQuantity
Address and POC Service Performance Site DoDAAC: W90XT4
Period of Performance
25 Sep 2030 To 24 Sep 2031
Option Line Item
1 Operating UnitQuantity
Address and POC
Period of Performance From 25 Sep 2030 To 24 Sep 2031
Option Line Item
1 Operating UnitQuantity
Address and POC Service Performance Site DoDAAC: W90XT4
Period of Performance From 25 Sep 2031 To 24 Mar 2032
Option Line Item
1 Operating UnitQuantity
Address and POC
Period of Performance
25 Sep 2031 To 24 Mar 2032
Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
252.201-7000 Contracting Officer's Representative.
1991-12
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.
2018-12
252.232-7008 Assignment of Claims (Overseas).
1997-06
DFARS Clauses Incorporated by Full Text
Number Title Effective Date
Alternate Deviation
Variation Effective Date
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.
(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.
(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) 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 HQ0670 Issue By DoDAAC W912J3
Admin DoDAAC W912J3 Inspect By DoDAAC N/A Ship To Code W90XT4 Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) W90XT4 Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A (*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) 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.
elisa.r.garcia4.civ@army.mil
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section I - Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
2017-01
52.204-13 System for Award Management- Maintenance. (Deviation 2026- O0038)
2026-02
52.204-91 Contractor Identification.
(Deviation 2026-O0038)
2026-02
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
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.
(Deviation 2026-O0038)
2026-02
52.212-4 Terms and Conditions- Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-02
52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026- O0038)
2026-02
52.222-3 Convict Labor. (Deviation 2026- O0038)
2026-02
52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026- O0038)
2026-02
52.222-41 Service Contract Labor Standards. (Deviation 2026- O0038)
2026-02
52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts). (Deviation 2026- O0038)
2026-02
52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038)
2026-02
52.222-54 Employment Eligibility Verification. (Deviation 2026- O0038)
2026-02
52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation 2026- O0038)
2026-02
52.222-90 Addressing DEI Discrimination by Federal Contractors.
(Deviation 2026-O0040, Revision 1)
2026-04
52.223-23 Sustainable Products. (Deviation 2026-O0038)
2026-02
52.224-3 Privacy Training. 2017-01
52.224-3 Privacy Training. (Alternate I) 2017-01 Alternate I 2017-01
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.
2024-05
52.232-33 Payment by Electronic Funds Transfer-System for Award Management.
2018-10
52.232-40 Providing Accelerated Payments to Small Business Subcontractors.
2023-03
52.233-3 Protest after Award. (Deviation 2026-O0038)
2026-02
52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026- O0038)
2026-02
52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-04
52.245-1 Government Property. 2021-09
52.245-9 Use and Charges. 2012-04
DFARS Clauses Incorporated by Reference
Date
Alternate Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials.
2011-09
252.203-7002 Requirement to Inform 2022-12
Employees of Whistleblower Rights.
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
2024-05
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
2023-01
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.
2023-01
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.
2023-06
252.227-7013 Rights in Technical Data-Other Than Commercial Products and Commercial Services.
2025-08
252.227-7015 Technical Data-Commercial Products and Commercial Services.
2025-01
252.232-7010 Levies on Contract Payments. 2006-12
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.
2023-01
252.245-7003 Contractor Property Management System Administration
2025-01
252.245-7005 Management and Reporting of Government Property.
2024-01
252.247-7023 Transportation of Supplies by Sea.
2024-10
FAR Clauses Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
52.217-8 Option to Extend Services. 1999-11
Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 90 days[insert the period of time within which the Contracting Officer may exercise the option].
52.217-9 Option to Extend the Term of the Contract.
2000-03
Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days[insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days days[60days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months(months) (years).
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) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that-
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to-
(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(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.]
[X] By the end of the base term of the contract and then by the end of each subsequent option period; or
[ ] By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
52.222-42 Statement of Equivalent Rates for Federal Hires.
2014-05
Statement of Equivalent Rates for Federal Hires (May 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( 29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.
5341 or 5332.
This Statement is for Information Only: It is not a Wage Determination
Employee Class Monetary Wage-Fringe Benefits
Section K - Representations, Certification, & Other Statements
FAR Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026-
DFARS Provisions Incorporated by Reference
Date
Alternate Deviation
Variation Effective Date
252.203-7005 Representation Relating to Compensation of Former DoD Officials.
2022-09
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.
2016-10
252.225-7055 Representation Regarding Business Operations with the Maduro Regime.
2022-05
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region- Representation.
2023-06
FAR Provisions Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
52.204-90 Offeror Identification. (Deviation 2026-O0038)
Offeror Identification (Feb 2026) (Deviation 2026-O0038)
If the Offeror will not have an active Federal Government contracts registration in the System for Award Management (https://www.sam.gov) when submitting its offer, it shall complete paragraphs (c) and (d) of this provision and include its responses with its offer.
(a) Definitions. As used in this provision-
Commercial and Government Entity (CAGE) code has the meaning provided in the clause at FAR 52.204-91, Contractor Identification, of this solicitation.
Common parent means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
Electronic Funds Transfer (EFT) indicator means a bank account identifier to establish additional System for Award Management records for identifying alternative EFT accounts (see part 32) for the same entity.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest-level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. There may be more than one immediate owner (e.g., joint ventures).
Predecessor means an entity whose assets were acquired by the offeror or another entity (most often through merger or acquisition) and whose affairs are now carried out by the offeror or the other entity under a new name.
Taxpayer Identification Number means the number required by the Internal Revenue Service (IRS) to be used by the offeror to report income tax and other returns. It may be either a Social Security Number or an Employer Identification Number.
Unique entity identifier (UEI) has the meaning provided in the clause at FAR 52.204-91, Contractor Identification, of this solicitation.
(b) Unique entity identifier (UEI).
(1) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the UEI that identifies the Offeror's name and address exactly as stated in the offer. The Offeror shall also enter its EFT indicator, if applicable.
(2) If the Offeror does not have a UEI, it shall go to https://www.sam.gov to obtain one. The Government will independently validate the existence and uniqueness of the Offeror before assigning a UEI.
(c) Taxpayer identification. The Offeror shall provide with its offer the following information that is necessary to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d);
reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M; and the implementing IRS regulations:
(1) Taxpayer identification number (TIN)
[ ] TIN: ____;
[ ] TIN has been applied for; or
[ ] TIN is not required because:
[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
[ ] Offeror is an agency or instrumentality of a foreign government; or
[ ] Offeror is an agency or instrumentality of the Federal Government.
(2) Type of organization.
[ ] Sole proprietorship;
[ ] Partnership;
[ ] Corporate entity (not tax-exempt);
[ ] Corporate entity (tax-exempt);
[ ] Government entity (Federal, State, or local);
[ ] Foreign government;
[ ] International organization per 26 CFR 1.6049-4; or
[ ] Other.
(3) Common parent.
[ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision; or
[ ] Name and TIN of common parent:
Name: ____
TIN: ____
(4) The TIN provided in paragraph (c)(1) of this provision may be matched with IRS records to verify the accuracy of the Offeror's TIN. The Government may use the TIN to collect and report on any delinquent amounts arising out of the Offeror's relationship with the Government (31 U.S.
C. 7701(c)(3)).
(d) Commercial and Government Entity (CAGE) code.
(1) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its offer. The CAGE code shall be for that name and location address. Insert the word "CAGE" before the code. The Offeror may obtain a CAGE code as indicated in the following table.
If the Offeror is… Then… Located in the United States or its outlying areas Submit a request to the DLA CAGE Branch via https://cage.dla.mil Located outside the United States and its outlying areas and its country is a member of the North Atlantic Treaty Organization (NATO) or a sponsored nation Contact the appropriate National Codification Bureau ( https://www.nato.int/structur/ac/135/about/contacts) Located outside the United States and its outlying areas and its country is not a member of NATO or a sponsored nation Contact the NATO Support and Procurement Agency (NSPA) ( https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx)
(2) The Offeror shall provide the CAGE code and legal business name (Do not use a "doing business as" name) for-
(i) Its immediate owner(s), if any;
(ii) Its highest-level owner, if any; and
(iii) Any predecessor(s), or predecessor of an Offeror's predecessor, that held a Federal contract or grant within the last three years.
Owner Type CAGE Code Legal Business Name Immediate owner ____ ____ Highest-level owner ____ ____ Predecessor* ____ ____
* Predecessor CAGE code may be marked "Unknown."
(3) If the Offeror has more than one immediate owner (such as a joint venture), give the information for each owner (or joint venture participant). If the Offeror has more than one predecessor, provide information for each predecessor in reverse chronological order.
(End of provision)
52.209-2 Prohibition on Contracting With Inverted Domestic Corporations- Representation. (Deviation 2026-
Prohibition on Contracting with Inverted Domestic Corporations-Representation (Feb 2026) (Deviation 2026-O0038)
(a) Definitions. As used in this clause-
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-3(b) applies or the requirement is waived in accordance with the procedures at 9.108-5.
(c) Representation. The Offeror represents that-
(1) It [ ] is, [ ] is not an inverted domestic corporation; and
(2) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.
DFARS Provisions Incorporated by Full Text
Date
Alternate Deviation
Variation Effective Date
252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation.
2019-12
COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-
REPRESENTATION (DEC 2019)
(a) Definitions. As used in this provision, "covered defense telecommunications equipment or services" has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered defense telecommunications equipment or services".
(c) Representation. The Offeror represents that it [ ] does, [ ] 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.
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) 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).
252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions.
2025-01
IDENTIFICATION AND ASSERTION OF USE, RELEASE, OR DISCLOSURE RESTRICTIONS
(JAN 2025)
(a) Definitions. As used in this provision-
"Computer software" is defined in-
(1) The 252.227-7014, Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation, clause of this solicitation; or
(2) If this solicitation contemplates a contract under the Small Business Innovation Research
Program or Small Business Technology Transfer Program, the 252.227-7018, Rights in Other Than Commercial Technical Data and Computer Software-Small Business Innovation Research Program and Small Business Technology Transfer Program, clause of this solicitation.
"SBIR/STTR data" is defined in the 252.227-7018, Rights in Other Than Commercial Technical Data and Computer Software-Small Business Innovation Research Program and Small Business Technology Transfer Program, clause of this solicitation.
"Technical data" is defined in-
(1) The 252.227-7013, Rights in Technical Data-Other Than Commercial Products and Commercial Services, clause of this solicitation; or
(2) If this solicitation contemplates a contract under the Small Business Innovation Research Program or Small Business Technology Transfer Program, the 252.227-7018, Rights in Other Than Commercial Technical Data and Computer Software-Small Business Innovation Research Program and Small Business Technology Transfer Program, clause of this solicitation.
(b) The identification and assertion requirements in this provision apply only to technical data, including computer software documentation, or computer software to be delivered with other than unlimited rights. For contracts to be awarded under the Small Business Innovation Research (SBIR) Program or Small Business Technology Transfer (STTR) Program, these requirements apply to SBIR/STTR data that will be generated under the resulting contract and will be delivered with SBIR/STTR data rights and to any other data that will be delivered with other than unlimited rights. Notification and identification are not required for restrictions based solely on copyright.
(c) Offers submitted in response to this solicitation shall identify, to the extent known at the time an offer is submitted to the Government, the technical data or computer software that the Offeror, its subcontractors or suppliers, or potential subcontractors or suppliers, assert should be furnished to the Government with restrictions on use, release, or disclosure.
(d) The Offeror's assertions, including the assertions of its subcontractors or suppliers or potential subcontractors or suppliers, shall be submitted as an attachment to its offer in the following format, dated and signed by an official authorized to contractually obligate the Offeror:
Identification and Assertion of Restrictions on the Government's Use, Release, or Disclosure of Technical Data or Computer Software.
The Offeror asserts for itself, or the persons identified below, that the Government's rights to use, release, or disclose the following technical data or computer software should be restricted:
Technical Data or Computer Software Name of Person to be Furnished Basis for Asserted Rights Asserting With Restrictions1 Assertion2 Category3 Restrictions4
____(LIST)5 ____(LIST) ____(LIST) ____(LIST)
1 For technical data (other than computer software documentation) pertaining to items, components, or processes developed at private expense, identify both the deliverable technical data and each such item, component, or process. For computer software or computer software documentation identify the software or documentation.
2 Generally, development at private expense, either exclusively or partially, is the only basis for asserting restrictions. For technical data, other than computer software documentation, development refers to development of the item, component, or process to which the data pertain. The Government's rights in computer software documentation generally may not be restricted. For computer software, development refers to the software. Indicate whether development was accomplished exclusively or partially at private expense. If development was not accomplished at private expense, or for computer software documentation, enter the specific basis for asserting restrictions.
3 Enter asserted rights category (e.g., government purpose license rights from a prior contract, rights in SBIR/STTR data generated under a contract resulting from this solicitation or under another contract, limited, restricted, or government purpose rights under a contract resulting from this solicitation or under a prior contract, or specially negotiated licenses).
4 Corporation, individual, or other person, as appropriate.
5 Enter "none" when all data or software will be submitted without restrictions.
Date ____ Printed Name and Title ____ Signature ____ (End of identification and assertion)
(e) An offeror's failure to submit, complete, or sign the notification and identification required by paragraph (d) of this provision with its offer may render the offer ineligible for award.
(f) If the Offeror is awarded a contract, the assertions identified in paragraph (d) of this provision shall be listed in an attachment to that contract. Upon request by the Contracting Officer, the Offeror shall provide sufficient information to enable the Contracting Officer to evaluate any listed assertion.
Section L - Instructions, Conditions, & Notices to Offerors or Quoters
Point of Contact: LTC CAZARES 505-660-4909
Point of Contact: LTC CAZARES 505-660-4909
Point of Contact: LTC CAZARES 505-660-4909
FAR Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation.
2017-01
52.212-1 Instructions to Offerors- Commercial Products and Commercial Services. (Deviation
DFARS Provisions Incorporated by Reference
Date
Alternate Deviation
Variation Effective Date
252.204-7024 Notice on the Use of the Supplier 2023-03
Performance Risk System.
Section M - Evaluation Factors for Award
FAR Provisions Incorporated by Reference
Number Title Effective Date
Alternate Deviation
Variation Effective Date
52.217-5 Evaluation of Options. (Deviation
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