B08 Solicitation - W519TC25QA069.pdf

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)

SEE CONTINUATION

SEE CONTINUATION

SEE CONTINUATION

W519TC25QA069 16 SEP 2025

LYNN BAKER

520-693-0412

03 OCT 2025

10:00 AM

W519TC 100

W6QK ACC-RI

ACC ROCK ISLAND BLDG 60, 3055 RODMAN AVE

ROCK ISLAND, IL 61299-0000

UNITED STATES

LYNN BAKER, EMAIL: LYNN.D.BAKER8.CIV@ARMY.MIL TELEPHONE: 520-693-

333992

SEE CONTINUATION

Solicitation/Contract Form Continuation

MWMSS PLASMA TABLE IDIQ

ADDENDUM TO 52.212-1 - INSTRUCTIONS TO OFFERORS - COMMERCIAL

1. The Army Contracting Command - Rock Island (ACC-RI) hereby issues solicitation W519TC25QA069 for the procurement of MWMSS Plasma Table in support of the Rock Island Arsenal, Joint Manufacturing and Technology Center (RIA-JMTC). This solicitation is in accordance with FAR Part 12 - Acquisition of Commercial Items and FAR Part 13.5 - Simplified Acquisition Procedures. The result of this solicitation will be a Firm Fixed Price 5-year Indefinite Delivery/Indefinite Quantity (IDIQ) contract with five ordering periods, each one lasting one year, with the first ordering period beginning on date of award of the basic contract. Award will be based on the lowest total evaluated priced, responsive, responsible contractor offer whose offer conforms to the solicitation requirement to include delivery schedule and represents the lowest total evaluated price. Contractor responsibility will be determined as outlined by FAR 9.104-1.

This solicitation is being procured under NAICS 333992, as a 100% Small Business Set Aside.

The IDIQ will include five, 1-year ordering periods as follows:

Ordering Period One: Date of Contract to 365 calendar day

Ordering Period Two: 366 calendar day to 731 calendar day

Ordering Period Three: 732 calendar day to 1,096 calendar day

Ordering Period Four: 1,097 calendar day to 1,462 calendar day

Ordering Period Five: 1,463 calendar day to 1,827 calendar day

*Actual dates will be clarified at the time of award, but are anticipated to be 30 Oct 2025 to begin.

*Any offeror submitting an offer agrees by their submission that their offer and prices contained therein will be valid for 90 days after receipt of proposals.

CLOSING DATE/TIME: CLOSING DATE AND TIME FOR THIS SOLICITATION IS 03 OCT 2025 BY 10AM CENTRAL TIME

QUESTIONS AND ANSWER PERIOD: Offerors may submit questions for this RFQ as they pertain to the information in this RFQ up until the close of business 24 SEP 2025. No further questoins will be accepted after this time. All responses to industry questions will be provided via RFQ amendment. Questions shall be submitted to Contract Specialist, Lynn Baker, at lynn.d.baker8.civ@army.mil.

2. The total minimum and maximum quantities for each CLIN are listed on the CLIN and in the table below. The minimum guaranteed quantity will be issued simultaneous on the first Delivery Order and is the ONLY guaranteed quantity to be awarded under this contract.

The Government is under no further obligation to order additional quantity. The maximum quantity is also listed on each CLIN.

CLIN DRAWING NUMBER GUARANTEED MINIMUM QTY MAXIMUM

QUANTITY

00001 1 8511B5190940*

*ADDITIONAL COMPONENTS WITHIN THE TABLE ARE SPECIFIED IN THE CLIN DETAIL AND HAVE ADDITIONAL DRAWING

NUMBERS ATTACHED IN ATTACHMENT 002.

W519TC25QA069

The guaranteed minimum quantity is the only guaranteed quantity to be awarded under this RFQ and will be awarded via delivery order. The Government is under no further obligations to order additional quantity. Except for the minimum quantity, all quantities are estimates and do not bind the Government in any way.

This solicitation includes a Contractor First Articl Test (FAT) per FAR 52.209-3.

If determined successful, the FAT will satisfy the Government's minimum guaranteed quantity. In the event that the unit fails FAT, the IDIQ contract is subject to termination and the Government will be under no further obligation.

3. This solicitation is IAW Description of Purchase and Drawings referenced on each CLIN and attached.

Drawings will be posted on SAM.gov, however, based on their Distribution status, explicit access may be required which means that contractor must request access in SAM.gov and will not be accepted unless they have an approved JCP account. Contractors must already have JCP approval to gain access to drawings. Next, Contractors should login to SAM.gov and access Contract Opportunities to request access to the drawings, please include your CAGE CODE in the "Reason for Request" block. It is required that the person requesting access is the person that submitted the DD2345 to JCP for approval initially as they are considered the Data Custodian. If this person is not the one requesting, your request will be denied. Questions concerning the DD2345 form, please contact https://public.logisticsinformationservice.dla.mil/PublicHome/jcp/default.aspx

Please keep in mind that the Contract Specialist is not the person who provides access/approval to JCP or in Contract Opportunities within the SAM.

gov system and cannot assist you with the steps you need to Follow in JCP or SAM.gov. Questions about Contract Opportunities within SAM.gov system should be addressed with the GSA helpdesk on 1he bottom right hand side of beta.SAM.gov page where it states "Contract Federal Service Desk'' or (866)606-8220.

4. Use of Artificial Intelligence (AI) tools in Proposal Evaluation

a. Use of AI tools in Support of Evaluations: The Government will employ AI as a tool to assist in the analysis and review of offeror proposals. AI tools may be used to support tasks such as summarizing proposal content, identifying compliance with request for task order proposal / solicitation requirements, and highlighting areas of potential strength, weakness, or risk.

b. Maintaining Inherently Governmental Functions: Notwithstanding the use of AI tools to support the evaluation process, all final evaluation judgements, including the assignment or assessment of adjectival ratings, best value determinations, and source selection decisions, will be made exclusively by duly appointed Government personnel. The Government retains sole responsibility for all inherently governmental functions and will not delegate decision making authority to any AI tool.

c. Offeror Confidentiality and Data Protection: The AI tools utilized by the Government will be employed in a manner consistent with applicable regulations that govern the protection of proprietary and source selection sensitive information. The AI tool will be an output-only system. Any generated report data is not saved. No proposal data will be transmitted to or processed by external, non-Government systems without appropriate safeguards and authorizations in place.

5. Certificate of Conformance (COC) per FAR 52.246-15 is required for all shipment. All equipment being quoted need to have product specifications for comparison and evaluation to determine acceptability.

Certified Test Report (CTR) is also required for all shipments.

6. Deliveries:

Deliveries must begin within 90 days of issuance of delivery order. Firm delivery dates will be expressed on the delivery order(s).

Delivery will be FOB Destination to:

TRANSPORTATION OFFICER,

W52HIB

BLDG 299, BECK AND GILLESPIE EAST END, RECG DOOR 16A

ROCK ISLAND, IL 61299-5000

Failure to comply with the contractual delivery schedule after award may result in termination of the order or require consideration if the Government elects to extend your delivery. The Government is not required to extend your deliver schedule if you encounter delays. The non-availability of raw materials, subcontractor issues, scheduling conflict, etc., are not acceptable excuse for failing to meet your delivery schedule. If there is going to be a delay in delivery, the contractor is required to notify the Contract Specialist and/or Contracting Officer designated in this purchase order prior to being late.

Contractors must provide written notice of what the delay is, the new proposed delivery schedule, and offered consideration for the delay for Government consideration. If the Government elects to extend your delivery, a formal modification will be implemented. It is the responsibility of the contractor to ensure they are providing quality products that conform to the purchase order terms and conditions (to include delivery schedule).

Delivery of non-conforming products results in delivery/acceptance delays and increased cost to the Government.

Early Delivery is acceptable if at no additional cost to the Government.

7. Warranty: A commercial standard warranty (to include parts and labor) is required for all CLINS. All warranties will begin upon final acceptance by the United States Government (USG). Contractor shall provide the product warranty information IAW Attachment 005 - CDRLS upon award.

8. Payment: Payment will be made 100% upon final acceptance by USG. Payments will be processed through Defense Finance and Accounting Systems (DF AS) via Wide Area Workflow (WA WF). Only Electronic invoices, submitted through WA WF, will be accepted. All other formats will be rejected.

9. Pricing: Offerors shall complete the Price Matrix (Attachment 0001). Pricing provided at the CLIN level is not acceptable. Each cell that requires the Offeror's input on the Price Matrix has been highlighted in blue. The offeror shall enter firm fixed prices for each CLIN, Ordering Period, and Quantity Ranges on the applicable Price Matrix (Attachment 0001). Proposed unit prices must be submitted on an FOB Destination basis. Ship to location is Rock Island, IL 61299-5000. The quantity ranges on the Price Matrix are provided solely for the purpose of establishing reasonable ranges of quantities against which to provide prices in the event all delivery orders are executed. In order to be acceptable, an offer must include firm fixed unit prices for all CLINs, all ordering periods and quantity ranges listed on the Price Matrix. Any order placed against the resulting contract will be at the unit price offered by the Contractor for the applicable quantity range and ordering period. Failure to complete the Price Matrix in its entirety may deem an offeror as non-responsive. No other information is to be added to the Price Matrix, nor shall Offerors make any changes to the Price Matrix.

All proposed unit prices are limited to two decimal places and shall be stated in current U.S. dollars. All unit prices proposed will be binding. The Government reserves the right to require the submission of any data (i.e. certified cost or pricing data or data other than certified cost or pricing data) necessary to validate the reasonableness of an offer.

Offers shall be prepared and authorized by a person(s) regularly employed by the contractor. The offer shall stated the name of each person(s) contributing to the authorship of the offer, the person(s) position/title, phone number, and an email address for the person who should be contacted if an award is to be made. The offer should be prepared in a clear, legible, practical manner.

In addition, the offer shall be written in English and should be specific and complete. All clauses that require fill ins should be completed and the authorized preparer shall sign and date the solicitation prior to submission.

The completed submission must be emailed to lynn.d.baker8.civ@army.mil.

Award will be made to the Offeror whose quote represents the lowest total evaluated price as described below AND is determined responsible IAW FAR 9.1 whose quote conforms to the RFQ requirements. Therefore, the Contractor's initial quote should contain the Contractor's best terms and offer ALL items to be eligible for award. Any order placed against the resulting contract will be at the unit price offered by the Contractor for the applicable quantity range and ordering period based on the date the delivery order is issued. If an offeror fails to submit unit prices for all quantity ranges and Ordering Periods listed on the Price Evaluation Sheet, its proposal may be considered

All delivery orders will be issued unilaterally by the Government. Upon unacceptable and the Government may reject the quote.

award, Delivery Order 0001 will be placed for at least the guaranteed minimum quantity.

It is the Government's intent to award without discussions (except for clarifications as described in FAR 15.306 (a)). However, the Government reserves the right to conduct discussions if determined necessary by the Contracting Officer.

10. Evaluation: Evaluation of Offers - The Government will evaluate offers based on prices proposed for all Ordering Periods and any other price related factors required by the solicitation. Prices will be determined fair and reasonable IAW FAR 13.106-2.

For each quote, the Government will calculate a weighted average price for each CLIN by multiplying the proposed unit prices for each Quantity Range and Ordering Period by their respective weight. Note that the weight associated with each range represents the likelihood that an order, if placed, would be placed within that range. The weighted average unit price is then multiplied by the maximum quantity and summing their totals. The Total Evaluated Price is the sum of the Weighted Ordering Period Evaluation Prices for each ordering period plus FAT.

11. The following is a list of documents incorporated as attachments to this Solicitation:

Attachment 001 Price Matrix

Attachment 002 Description of Purchase

Attachment 003 Drawings

Attachment 004 CDRL 0001 Commercial Manuals

Attachment 005 CDRL 0002 Product Warranty Information

Attachment 006 CDRL 0003 LMI Data Product

END ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Estimated Quantity

Unit Unit Price Amount

CNC PLASMA TABLE KIT, NSN:

5B5M3:11B5190940RIA, IAW ATTACHMENT

002 DESCRIPTION OF PURCHASE AND

ATTACHED DRAWINGS. Consists of Qty 1 11B5120002 Plasma Table Trunk Assembly and Qty 1 11B5190936 Plasma Cutter Accessory Case Assembly.

Suggested Source: Fastcut CNC Inc., Vendor Part No SC003C-S, Purchase per Drawing 11B5190940.

The Plasma Table Kit consists of the following items: 1 ea. brand name FastCut CNC Scout 4'x4' Plasma Table, 1 ea brand name Hyperterm Machine Torch, Mdl # 059719 (IAW Drawing 11B5190937), 1 ea brand name (or equal) Pelican Cutter Accessory Case (IAW Drawing 11B5190799), 1 ea Plasma Table Trunk (IAW Drawing 11B5190177)

Please note: Qty 1 First Article Test is required and considered to be the guaranteed minimum quantity and must past test requirements as outlined within the solicitation. In addition, CDRLS are required on this contract as listed in Attachment 004, 005, and 006

COC AND CTR are required for each delivery made.

**PRICING SHOULD BE

DOCUMENTED ON ATTACHMENT 001, PRICE

MATRIX. UNIT PRICES SHOULD INCLUDE

ANY SHIPPING EXPENSES FOR FOB

DESTINATION TO ROCK ISLAND, IL.

Product Service Code: 3433 Pricing Arrangement: Firm Fixed Price

85 Each

Continuation of Description

Requirements

MWMSS PLASMA TABLE IDIQ

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: PER SOLICITATION DETAILS

DoDAAC: W52H1B CountryCode: USA

W0K8 RIA INSTL STK REC ACCT

BLDG 299 GILLESPIE AV AND BECK LANE, ROCK ISLAND IL 61299-5000

ROCK ISLAND, IL 61299-5000

UNITED STATES

Continuation of Deliveries or Performance

From date of lead time event to delivery 90 Calendar Days Date of Award

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Line Item Delivery Schedule Estimated Quantity

Address and POC Special Handling/Notes

Delivery Schedule From date of lead time event to delivery 90 Calendar Days Date of Award

85 Each Ship To DoDAAC: W52H1B CountryCode: USA

W0K8 RIA INSTL STK REC ACCT

BLDG 299 GILLESPIE AV AND BECK LANE,

ROCK ISLAND IL 61299-5000

ROCK ISLAND, IL 61299-5000

UNITED STATES

FoB Details

Party to Pay Transportation Cost:

Contractor

Point Type: Destination

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-3 Gratuities. Apr 1984 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten. May 2024

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

(DEVIATION 2024-O0013 REVISION 1)

May 2024 Deviation 2024-O0013 May 2024

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2023

252.205-7000 Provision of Information to Cooperative Agreement Holders. Oct 2024 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7001 Buy American and Balance of Payments Program. Feb 2024 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

Jun 2023

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

Jan 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024 252.204-7022 Expediting Contract Closeout. May 2021 252.246-7008 Sources of Electronic Parts. Jan 2023

FAR Clauses Incorporated by Full Text

52.219-14 Limitations on Subcontracting (DEVIATION 2021-O0008) (Oct 2022) Deviation 2021-O0008 (Feb 2023)

LIMITATIONS ON SUBCONTRACTING (FEB 2023) (DEVIATION 2021-O0008)

(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 subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are--

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are--

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F);

or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); 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) Limitations on subcontracting. 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, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), 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. The following services may be excluded from the 50 percent limitation:

(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service.

Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.

(ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause--

[Contracting Officer check as appropriate.]

[ ] By the end of the base term of the contract and then by the end of each subsequent option period; or

[X] By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

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

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

(End of clause)

DFARS Clauses Incorporated by Full Text

252.211-7003 Item Unique Identification and Valuation. (Jan 2023)

ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(a) Definitions. As used in this clause-

"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

"Concatenated unique item identifier" means-

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO) /International Electrotechnical Commission (IEC) 16022.

"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD.

All DoD recognized unique identification equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.

"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

" Enterprise " means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

" Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency.

"Government's unit acquisition cost" means-

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

"Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

"Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier.

"Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

" Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

"Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

"Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

"Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

"Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

"Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

"Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

"Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

"Type designation" means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

"Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

"Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(If items are identified in the Schedule, insert "See Schedule in this table.)

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ____.

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ____.

(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology - International symbology specification - Data matrix; ECC200 data matrix specification.

(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that-

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology - Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) Unique item identifier.

(i) The Contractor shall-

(A) Determine whether to-

(1) Serialize within the enterprise identifier;

(2) Serialize within the part, lot, or batch number; or

(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code-

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization within the lot or batch number).

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government's unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) Enterprise identifier (if concatenated unique item identifier is used).**

(6) Original part number (if there is serialization within the original part number).**

(7) Lot or batch number (if there is serialization within the lot or batch number).**

(8) Current part number (optional and only if not the same as the original part number).**

(9) Current part number effective date (optional and only if current part number is used).**

(10) Serial number (if concatenated unique item identifier is used).**

(11) Description.

** Once per item.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232- 7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com /site/uidregistry/.

(2) Embedded items shall be reported by one of the following methods-

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) ____, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.

(g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial products or commercial services.

(End of clause)

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

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 as 2in1. DO NOT SELECT FAST PAY AS THIS OPTION DELAYS ACCEPTANCE AND PAYMENT

(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 HQ0303 Issue By DoDAAC W519TC Admin DoDAAC W519TC Inspect By DoDAAC W52H1B Ship To Code W52H1B Ship From Code W52H1B Mark For Code W52H1B Service Approver (DoDAAC) W52H1B Service Acceptor (DoDAAC) W52H1B Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____ (*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) 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.

Contract Specialist - Lynn Baker lynn.d.baker8.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)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services

FAR Clauses Incorporated by Full Text

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

(DEVIATION 2025-O0003 and 2025-O0004)

(Jan 2025) Deviation 2025-O0004 (Mar 2025)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003 and 2025-O0004)

(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:

[Contracting Officer check as appropriate.]

[X] (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.)

[ ] (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).

[X] (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).

[X] (9)…