B08 - SAM Solicitation_Shade Replacement.pdf

COMBINED SYNOPSIS / SOLICITATION

FOR BLIND AND SHADE FURNISHING AND INSTALLATION SERVICES

FOR THE

U.S. ARMY MEDICAL RESEARCH ACQUISITION ACTIVITY (USAMRAA)

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

The solicitation is being issued as a Request For Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024- 05 which was published on 22 April 2024, except for the Federal Acquisition Regulation (FAR) Technical Amendments, which are effective 22 May 2024 (Docket # FAR-2024-0052; Sequence #1).

Unless otherwise specified, all FAR and other directive material contained in FAC 2024-05 is effective 22 April 2024. It is the Quoter’s responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at the following websites:

1. Federal Acquisition Regulation (FAR); https://www.acquisition.gov/browse/index/far

2. Defense Acquisition Regulation Supplement (DFARS); https://www.acquisition.gov/dfars

3. Defense Acquisition Regulation Supplement – Procedures, Guidance, and Information (DFARS-PGI);

https://www.acquisition.gov/dfarspgi

The NAICS code is 337920, with a small business size of 1,000 Employees. This requirement being solicited as UNRESTRICTED FULL and OPEN COMPETITION; all qualified vendors are encouraged to submit a Quotation.

USAMRAA on behalf of the United States Army Medical Research Acquisition Activity (USAMRAA) requests responses from qualified sources capable of providing a shade fabric for replacement of 113 shades in Building 808 on Fort Detrick, Frederick, MD. Please see the Performance Work Statement (PWS) below for more details.

Delivery Address: USAMRAA 808 Schreider Street Fort Detrick, MD 21702 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars https://www.acquisition.gov/dfarspgi

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 JOB

SHADE REPLACEMENT - LABOR

FFP

The Contractor shall Furnish and install (113) shade fabric replacement panels for (113) existing shades per marked locations.

FOB: Destination

PSC CD: NO99

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 113 Each

SHADES – FABRIC ONLY

Style= 4001 – 1% Code: U64 Color – ECO/ASH

SOLAR OPTICAL PROPERTIES = TS – 2; RS – 14; AS – 84; TV –

SHGC/G VALUE (g-tot (Glass and Blind)) = Single(1/4 CL) – 0.55;

Insulating(1 HA) – 0.34

FFP

The Contractor shall Furnish and install (113) shade fabric replacement panels for (113) existing shades per marked locations.

PSC CD: NO99

NET AMT

Section C - Descriptions and Specifications

PWS

PERFORMANCE WORK STATEMENT

FOR SHADE REPLACEMENT FOR BUILDING 808

FOR THE UNITED STATES ARMY MEDICAL RESEARCH ACQUISITION ACTIVITY (USAMRAA)

SECTION 1 GENERAL INFORMATION

1.1. INTRODUCTION

1.1.1. The U.S. Army Medical Research Acquisition Activity (USAMRAA) at Fort Detrick, MD is committed to providing high quality, timely, customer-focused guidance and acquisition solutions to the Commander, U.S. Army Medical Research and Development Command (USAMRDC) and to all customer organizations that support global U.S. military missions and national medical research. USAMRAA’s goal is to be one of the Army’s foremost leaders in Contracting and Assistance Agreements, Business Oversight, and Research and Policy.

1.2. SCOPE

1.2.1. The U.S. Army Medical Research Acquisition Activity (USAMRAA) at Fort Detrick, MD plans to replace selected shades in Building 808, which is a newly assigned building to USAMRAA on Fort Detrick, in Frederick, MD. Upon occupancy, a significant issue with the installed window blinds on two sides of the building have been noted to be adversely impacting work conditions. The sunlight glare is so significant in certain offices and cubicles, it makes viewing computer monitors nearly impossible. Since the building has been accepted there is no fallback/recourse with the building contractor to adjust the louvers and/or install new light filtering blinds. USAMRAA’s goal is to replace the currently existing lighter shades to a darker shade within the building.

1.2.2. The Contractor shall replace One-Hundred and Thirteen (113) Shades on the front (Schreider Street) and rear (Chandler Street) of Building 808 on Fort Detrick, Frederick, MD.

SECTION 2 GENERAL REQUIREMENTS

2.1. PERFORMANCE

2.1.1. Place of Performance. All services will be performed on-site at USAMRAA, located at 808 Schreider Street, Fort Detrick, Frederick MD, 21702. This is a secure, Government-owned facility located on a military installation.

2.1.2. Period of Performance (PoP). The anticipated Period of Performance of this requirement will have a 6-month Base Period with the possibility of a 6-month extension in accordance with FAR 52.217-8, Option to Extend Services. The period of performance for this contract is as follows:

Base Period: 20 June 2024 – 19 December 2024

FAR 52.2178 Extension: 20 December 2024 – 19 June 2025 *If Applicable*

2.1.3. Duty Hours. The Contractor shall provide support between the core hours of 0900 to 1400 hours Monday through Friday except Federal holidays.

2.1.4. Closures, Delays, and Early Dismissals:

2.1.4.1. Closures: Contractor Personnel shall not report to work on days the Government or installation is closed due to local determinations relating to safety conditions, inclement weather conditions, national emergencies, energy conservation, or, by direction of the Installation Commander for any other reason. During these periods of closure, Contractor Personnel do not report for work, nor will they be compensated for those days. The Contractor will communicate with the Contracting Officer’s Representative to confirm closures.

2.1.4.2. Delays/Late Arrivals: When the Installation Commander determines that a delayed opening is appropriate (due to weather concerns), the COR and the Contractor Personnel Manager (CPM) shall communicate to confirm delayed arrivals. The CPM for the Contract is responsible for establishing a Contractor Based Notification System for notifying Contractor staff of the delayed opening, and all Contractor Personnel shall notify the CPM if they are going to be delayed (For non-weather-related items only).

2.1.4.3. Early Dismissals: In the event of early facility closure, the on-site Contractor personnel shall depart per Government direction. As work can only be accomplished onsite, the Contractor will only be compensated for their time on-site during that day. Contractor Personnel will not be compensated when not on site.

2.1.4.4. Federal Holidays. Federal holidays are an exception to the regular duty hours. The Contractor shall not perform services on days designated as a Federal Holidays by Federal Status, Executive Order, Presidential Proclamation or Notice from the Installation Commander. Any of the holidays listed below falling on a Saturday will be observed on the preceding Friday; holidays falling on a Sunday will be observed on the following Monday.

Any holidays that are declared by Presidential Executive Order shall be observed in the same manner as the holidays listed below.

2.1.4.5. The following is a list of legal federal holidays that services shall not be performed:

A. New Year’s Day, January 1st

B. Martin Luther King’s Birthday, 3rd Monday in January

C. President’s Day, 3rd Monday in February

D. Memorial Day, Last Monday in May

E. Juneteenth Day, June 19th

F. Independence Day, July 4th

G. Labor Day, 1st Monday in September

H. Columbus Day, 2nd Monday in October

I. Veteran’s Day, November 11th

J. Thanksgiving Day, 4th Tuesday in November

K. Christmas Day, December 25th

2.2. NON-PERSONAL SERVICES

2.2.1. This PWS identifies services that are strictly non-personal in nature, as defined by Federal Acquisition Regulation (FAR) Part 37, Service Contracting. To ensure there is no appearance of any personal services, the Government shall neither supervise Contractor personnel nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks or prepare work schedules for individual Contractor personnel. It shall be the responsibility of the Contractor to manage its personnel and to guard against any actions that give the perception of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor's responsibility to notify the Contractor Officer (KO) immediately.

2.2.2. Contract personnel performing services under this contract shall be controlled, directed, and supervised by contract management personnel only. The Contractor’s management shall ensure that personnel properly comply with the performance standards outlined in the Quality Assurance Surveillance Plan (QASP). Contractor personnel will perform independent of and without the supervision of any Government official. Actions of Contractor personnel may not be interpreted or implemented in any manner that results in any Contractor personnel creating or modifying Federal policy, obligating the appropriated funds of the U.S. Government, overseeing the work of Federal personnel, providing direct personal services to any Federal personnel or otherwise violating the prohibitions set forth in FAR 7.5 entitled, “Inherently Government Functions” as well as in FAR 37.1, entitled, “Service Contracting.”

The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

2.3. CONTRACT MANAGEMENT

2.3.1. Government Management. The Contracting Officer’s Representative (COR) and Alternate Contracting Officer’s Representative (ACOR) for this contract will be appointed by the Contracting Officer (KO). The COR will serve as the primary point of contact for all activities and issues that occur under this contract. In the event that the COR is not available, the ACOR will assume the COR’s responsibilities.

2.3.2. Contractor Management. The Contractor shall designate a single Contractor Program Manager (CPM) to be the Contractor’s authorized point of contact (POC) with the COR. Both the CPM and the COR will work to resolve any issues, proposed changes, or modifications to the contract.

2.3.3. Contractor Identification. Contractor personnel must clearly identify themselves as a contract employee. The name of their company must be part of their email address, all correspondence, and on all identification badges.

Additionally, Contractor personnel are required to identify themselves as Contractor personnel when their status as Contractor Employees may not be obvious.

2.4. OTHER DIRECT COSTS (ODC’S)

2.4.1. Other Direct Costs (ODC’s). Only, if necessary, any unanticipated ODCs shall be billed on a COST basis and shall be in accordance with the Federal Acquisition Regulation (FAR) 31.201-4, Determining Allocability. The Contractor is expected to familiarize themselves with this regulation as this is the basis for the reimbursement of costs.

2.4.2. Travel. The cost of travel for this effort has been included in the total price to furnish and replace the 113 window shades within Building 808 on Fort Detrick. No additional travel costs are allowable.

2.5. APPLICABLE DOCUMENTS/REPORTS

2.5.1. Floor Plan. The Contracting Officer Representative (COR) will provide a digital copy of the floor plan. Any further applicable documents can be obtained from the COR or Contracting Specialist.

SECTION 3 PERFORMANCE REQUIREMENTS

3.1. The Contractor Shall Provide:

3.1.1. The Contractor shall provide and install One-Hundred and Thirteen (113) shade fabrics in Building 808 on Fort Detrick, Maryland. Specification: PW4001 – 1% U64 ASH.

3.1.2. The Contractor shall remove the replaced shades from the building and dispose of them as necessary.

3.1.3. The Contractor shall provide all personnel, equipment, supplies, material, transportation, tools, supervision, and all other items and non-personal services necessary to procure, install and conduct verification testing of all shades.

3.1.4. The Contractor shall provide at least a one-year warranty covering all newly installed shades.

3.1.5. The COR and CPM shall conduct a visual inspection and verify shades are operation upon installation.

3.2. The Government Shall Provide:

3.2.1. USAMRAA will ensure that all Government equipment and personal items are removed from all areas requiring shade replacements.

3.2.2. USAMRAA will ensure that furniture cover protection is in place to prevent damages to the furniture.

3.2.3. The COR and CPM shall conduct a visual inspection and verify shades are operation upon installation.

3.3. PERFORMANCE REQUIREMENT SUMMARY MATRIX (PRSM)

3.3. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

3.3.1. Every DoD contract awarded for services in excess of $2,500.00 shall contain a Quality Assurance Surveillance Plan (QASP) as discussed in the FAR 46, Government Contract Quality Assurance. A QASP is a plan that specify the particular services the COR will inspect, and the method(s) used to complete that surveillance. Each Offeror shall digest the PWS in this RFP and offer a QASP associated therewith. The QASP shall be submitted as part of the Offeror’s technical proposal. It will not be subjectively evaluated and rated. However, it may be discussed during the pre-award period for finalization prior to its inclusion in the awarded contract.

3.4. OPTIONS

3.4.1. Federal Acquisition Regulation (FAR) 52.217-8, Option to Extend the Term of the Contract. 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 six (6) months. The Contracting Officer may exercise the option by written notice to the Contractor within Thirty (30) Days before the end of the current Period of Performance (PoP).”

PWS

PARA.

REF.

PERFORMANCE STANDARD ACCEPTABLE QUALITY LEVEL (AQL) SURVEILLANCE

METHOD

3.1.1.

The Contractor shall provide and install One-Hundred and Thirteen (113) shade fabrics in Building 808 on Fort Detrick, Maryland. Specification: PW4001 – 1%

U64 ASH.

New Shades will operate properly both raising and lowering

100% Observation

3.1.2.

The Contractor shall remove the replaced shades from the building and dispose of them as necessary.

The shades will be disposed of at an external location

100% Observation

3.1.3. The Contractor shall procure, install, and

conduct verification testing of all shades

The Contractor shall provide all personnel, equipment, supplies, material, transportation, tools, supervision, and all other items and non-personal services necessary

100% Observation

3.1.4.

The Contractor shall provide at least a ONE (1) Year Warranty covering all newly installed shades

Provide the 1-Year Warranty with 100% Compliance

Management Information Systems (MIS) – “Reports”

3.1.5.

The COR and CPM shall conduct a visual inspection and verify shades are operation upon installation.

Provide Visual Inspection to 100% of all installed Window Shades

100% Observation and Random Sampling

3.4.1.1. In accordance with FAR 52.217-8, the Contractor shall have the ability to provide continuation of these support services for up to a period of Six (6) months after the period of performance end date.

SECTION 4 SPECIAL REQUIREMENTS

4.1. SAFETY/SECURITY REQUIREMENTS

4.1.1. Access and General Protection Policy/Security and Procedures. Contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office.

Contractor workforce must comply with all personal identity verification requirements (CFR clause 52.204-9, Personal Identity Verification of Contract Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. (Also see Section 2.12 of the PWS).

4.1.1.1. The Contractor and all associated subcontractors’ personnel shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures. The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the installation, the Provost Marshal Office, the Director of Emergency Services, and/or the Security Office. The contractor workforce shall comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DoD, Headquarters Department of the Army (HQDA), and/or local policy. Should the Force Protection Condition (FPCON) level at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

4.1.2. Force Protection Condition (FPCON). The Force Protection Conditions system has been approved by the Department of Defense to standardize the identification and recommended preventive actions and responses to terrorist threats against United States personnel and facilities. Strict adherence to FPCON measures is required. A terrorist attack can take place at any time. The greater the perceived threat based on the intelligence received, the higher the awareness needs to be to prevent the loss of life.

4.1.2.1. FPCON Normal. This condition applies when a general global threat of possible terrorist activity exists and warrants a routine security posture. At a minimum, access control will be conducted at all DOD installations and facilities.

4.1.2.2. FPCON Alpha. This applies when there is an increased general threat of possible terrorist activity against personnel or facilities, the nature and extent of which are unpredictable, and circumstances do not justify full implementation of FPCON Bravo measures. However, it may be necessary to implement certain measures from higher FPCONs as an additional deterrent or resulting from intelligence received. The measures in this FPCON must be capable of being maintained indefinitely.

4.1.2.3. FPCON Bravo. This applies when an increased or more predictable threat of terrorist activity exists.

Sustaining Bravo measures for a prolonged period may affect operational capability and relationships with local authorities.

4.1.2.4. FPCON Charlie. This applies when an incident occurs, or intelligence is received indicating that some form of terrorist action or targeting against personnel or facilities is likely. Prolonged implementation of Charlie measures may create hardship and affect the activities of the unit and its personnel.

4.1.2.5. FPCON Delta. This applies in the immediate area where a terrorist attack has occurred or when intelligence has been received that terrorist action against a specific location or person is imminent. FPCON Delta is usually declared as a localized condition. FPCON Delta measures are not intended to be sustained for an extended duration.

Section D - Packaging and Marking

All documents shall include packaging and marking requirements necessary to prevent deterioration of supplies and damages due to the hazards of shipping, handling, and storage, and, when appropriate, marking in accordance with the requirements of 49 CFR 172.300.

D.1. PROPERTY ADMINISTRATOR

The designated property administrator for Government property acquired for use under this contract is:

Mr. Jose Sanchez Property Book Officer

USAMRAA

D.3. IDENTIFICATION OF CORRESPONDENCE

All correspondence and data submitted by the Contractor under this contract shall reference the Order Number.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT

0001 Destination 0002 Destination

INSPECT BY ACCEPT AT

Government Destination Government Destination

ACCEPT BY

Government Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection of Supplies-Fixed Price 52.246-4 Inspection of Services-Fixed-Price

Section F - Deliveries or Performance

QUANTITY DODAAC /

CAGE

1 JOB HT9425

DELIVERY INFORMATION

CLIN DELIVERY DATE

0001 31 July 2024- 30

January 2024

0002 31 July 2024- 30

January 2024

113 EACH

SHIP TO ADDRESS

USAMRAA

808 SCHREIDER STREET

FORT DETRICK, MD 21702

FOB: Destination

USAMRAA

808 SCHREIDER STREET

FORT DETRICK, MD 21702

HT9425

Section G - Contract Administration Data

CLAUSES INCORPORATED BY REFERENCE

252.232-7003 Electronic Submission of Payment Requests and

Receiving Reports

DEC 2018

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 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:

https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.232-7003 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.232-7003

(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.

2-IN-1 INVOICE

(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.

2-IN-1 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.

[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 HQ0490 Issue By DoDAAC HT9425 Admin DoDAAC HT9425 Inspect By DoDAAC HT0983 Ship To Code HT0983

Service Approver (DoDAAC) HT0983 Service Acceptor (DoDAAC) HT0983

(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.

Mr. Jose Sanchez, Technical Point of Contact, jose.n.sanchez3.civ@health.mil

Ms. Jessica E. Greene, Contracting Officer, jessica.e.greene9.civ@health.mil

Ms. Jennifer S. Bassett, Contract Specialist, jennifer.s.bassett.civ@health.mil

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

Ms. Jennifer S. Bassett, Contract Specialist, jennifer.s.bassett.civ@health.mil

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

(End of clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

mailto:jose.n.sanchez3.civ@health.mil mailto:jessica.e.greene9.civ@health.mil mailto:jennifer.s.bassett.civ@health.mil

52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.203-19 Prohibition on Requiring Certain Internal

Confidentiality Agreements or Statements

JAN 2017

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

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

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2021

52.225-8 Duty-Free Entry OCT 2010 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services.

Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (May 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

XX (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

XX (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

XX (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title

II).

XX (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204-30.

XX (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

XX (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (17) [Reserved] XX (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

XX (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)).

XX (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2023) of 52.219-9.

__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

XX (23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

XX (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) ( 15 U.S.C.

657f).

XX (26) (i) 52.219-28, Post Award Small Business Program Representation (Feb 2024) ( 15 U.S.C.

632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C.

644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

XX (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

XX (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

XX (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

XX (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

XX (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

XX (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C.

6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

XX (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

XX (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

XX (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Feb 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

XX (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) ( 42 U.S.C. 5150).

XX (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

XX (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

XX (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C.

1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xxii) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 2024)

PLEASE FILL IN AS IT PERTAINS TO YOUR COMPANY

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

Small business concern—

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

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

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

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

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

(3) For long-term contracts-

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

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

https://www.acquisition.gov/far/part-52#FAR_52_217_8 https://www.ecfr.gov/current/title-13/part-121 https://www.acquisition.gov/far/part-19#FAR_19_000

(c) 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, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(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 paragraph (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.