Clauses_FA489726QA022.pdf
PDF 182 KB Posted
- Attached to
- Gym Equipment Maintenance
- Solicitation number
- FA489726QA022
About this file
This document is a contract clauses incorporation list for federal contract FA489726QA022, containing both referenced and full-text clauses applicable to a commercial products and services solicitation.
The document incorporates over 60 FAR and DFARS clauses addressing compliance requirements across multiple domains including labor standards, small business programs, security protocols, payment procedures, and representations/certifications. Key incorporated clauses include those governing covered defense telecommunications equipment prohibitions (252.204-7018, 252.204-7017, 252.204-7016), safeguarding of covered defense information (252.204-7008, 252.204-7012), service contract labor standards (52.222-41), small business rerepresentation requirements (52.219-28), employment eligibility verification (52.222-54), and trafficking in persons compliance (52.222-50). Payment instructions are specified through the Wide Area Workflow (WAWF) system (252.232-7006) with electronic funds transfer requirements (52.232-33). The contract includes a total small business set-aside provision (52.219-6) and requires offeror identification including unique entity identifier, taxpayer identification number, CAGE code, and ownership information per FAR 52.204-90. The contract allows for a five-year base term plus six months of optional extensions under 52.217-9. Full-text clauses provided include detailed procedures for telecommunications equipment representation, WAWF payment submission, offeror identification requirements, child labor certifications, equivalent wage rates for service employees, evaluation criteria for commercial products/services, and postaward small business program rerepresentation obligations.
View the file
Other files
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
DOCUMENT NUMBER
FA489726QA022
CLAUSES INCORPORATED BY REFERENCE
CLAUSE
NO
ALT NO/
DEV NO
CLAUSE TITLE YEAR-
MO
SECTION
252.203-7000 Requirements Relating to Compensation of Former DoD Officials.
2011-09 SEC I
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2022-12 SEC I
252.203-7005 Representation Relating to Compensation of Former DoD Officials.
2022-09 SEC K
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.
2016-10 SEC K
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
2023-01 SEC I
252.204-7024 Notice on the Use of the Supplier Performance Risk System. 2023-03 SEC L 252.225-7012 Preference for Certain Domestic Commodities. 2022-04 SEC I
252.225-7055 Representation Regarding Business Operations with the Maduro Regime.
2022-05 SEC K
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.
2023-01 SEC I
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-Representation.
2023-06 SEC K
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.
2023-06 SEC I
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.
2018-12 SEC G
252.232-7010 Levies on Contract Payments. 2006-12 SEC I
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.
2023-01 SEC I
252.247-7023 Transportation of Supplies by Sea. 2024-10 SEC I
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.
2024-09 SEC K
52.203-18 Prohibition on Contracting with Entities that Require Certain
Internal Confidentiality Agreements or Statements- Representation.
2017-01 SEC L
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
2017-01 SEC I
52.204-13 System for Award Management-Maintenance. (Deviation 2026-O0038)
2026-02 SEC I
52.204-7 System for Award Management-Registration. (Deviation 2026- O0038)
2026-02 SEC L
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (Deviation 2026-O0038)
2026-02 SEC I
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026-O0038)
2026-02 SEC I
52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-02 SEC L
52.212-4 Terms and Conditions-Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-02 SEC I
52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026- O0038)
2026-02 SEC I
52.222-3 Convict Labor. (Deviation 2026-O0038) 2026-02 SEC I 52.222-35 Equal Opportunity for Veterans. (Deviation 2026-O0038) 2026-02 SEC I 52.222-37 Employment Reports on Veterans. (Deviation 2026-O0038) 2026-02 SEC I
52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038) 2026-02 SEC I 52.222-54 Employment Eligibility Verification. (Deviation 2026-O0038) 2026-02 SEC I 52.223-23 Sustainable Products. (Deviation 2026-O0038) 2026-02 SEC I
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.
2024-05 SEC I
52.232-33 Payment by Electronic Funds Transfer-System for Award Management.
2018-10 SEC I
52.232-40 Providing Accelerated Payments to Small Business Subcontractors.
2023-03 SEC I
52.233-3 Protest after Award. (Deviation 2026-O0038) 2026-02 SEC I
52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026-O0038)
2026-02 SEC I
52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026-O0038)
2026-02 SEC K
52.240-91 Security Prohibitions and Exclusions. (Deviation 2026-O0038) 2026-02 SEC I
52.244-6 2026-04 SEC I
52.222-90 2026-04 SEC I
52.204-10 2026-02 SEC I
52.222-62 2026-02 SEC I
52.204-9 2011-01 SEC I
52.204-91 2026-02 SEC I
52.208-90 2026-02 SEC I
52.219-33
Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)
Addressing DEI Discrimination by Federal Contractors.
(Deviation 2026-O0040)
Reporting Executive Compensation and First-Tier Subcontract Awards. (Deviation 2026-O0038)
Paid Sick Leave Under Executive Order 13706. (Deviation 2026-O0040)
Personal Identity Verification of Contractor Personnel.
Contractor Identification. (Deviation 2026-O0038)
Government Supply Sources. (Deviation 2026-O0038) Nonmanufacturer Rule. (Deviation 2026-O0038) 2026-02 SEC I
52.222-41 Service Contract Labor Standards. (Deviation 2026-O0038) 2026-02 SEC I 52.217-5 Evaluation of Options. (Deviation 2026-O0038) 2026-02 SEC M
252.204-7022 Expediting Contract Closeout. 2021-05 SEC I
252.204-7012 DEV 2024-O0013 Safeguarding Covered Defense Information and Cyber Incident Reporting. (DEVIATION 2024-O0013 REVISION 1)
2024-05 SEC I
CLAUSES IN FULL TEXT
CLAUSE
NO
CLAUSE TITLE ALT NO/
DEV NO
YEAR-
MO
CLAUSE TEXT
252.204-7017 Prohibition on the Acquisition of Covered Defense
Telecommunications Equipment or Services-Representation.
2021-05
PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS
EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)
The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."
(a) . "Covered defense telecommunications equipment or services," "covered mission,"Definitions "critical technology," and "substantial or essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.
(b) . Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 Prohibition (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) . The Offeror shall review the list of excluded parties in the System for Award Procedures Management (SAM) at for entities that are excluded when providing any https://www.sam.gov equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.
(d) . If in its annual representations and certifications in SAM the Offeror has Representation represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:
The Offeror represents that it will will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.
(e) . If the Offeror has represented in paragraph (d) of this provision that it "will Disclosures provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:
(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).
(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.
(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).
(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
(End of provision)
252.232-7006 Wide Area WorkFlow Payment Instructions. 2023-01
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) As used in this clause- Definitions.
"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) The WAWF system provides the method to electronically process Electronic invoicing.
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) To access WAWF, the Contractor shall- WAWF access.
(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) The Contractor should follow the training instructions of the WAWF Web- WAWF training.
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) Document submissions may be via web entry, WAWF methods of document submission.
Electronic Data Interchange, or File Transfer Protocol.
(f) The Contractor shall use the following information when WAWF payment instructions.
submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following Document type.
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.
(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) The Contractor shall use the information in the Routing Data Table Document routing.
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 ____
Issue By DoDAAC ____
Admin DoDAAC ____
Inspect By DoDAAC ____
Ship To Code ____
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) ____
Service Acceptor (DoDAAC) ____
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) The Contractor shall ensure a payment request includes documentation Payment request.
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) The Contractor shall ensure a receiving report meets the requirements Receiving report.
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.
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
52.204-90 Offeror Identification. (Deviation 2026-O0038) 2026-02
Offeror Identification (Feb 2026) (Deviation 2026-O0038)
If the Offeror will not have an active Federal Government contracts registration in the System for Award Management (https://www.sam.gov) when submitting its offer, it shall complete paragraphs (c) and (d) of this provision and include its responses with its offer.
(a) . As used in this provision-Definitions
Commercial and Government Entity (CAGE) code has the meaning provided in the clause at FAR 52.204-91, Contractor Identification, of this solicitation.
Common parent means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
Electronic Funds Transfer (EFT) indicator means a bank account identifier to establish additional System for Award Management records for identifying alternative EFT accounts (see part 32) for the same entity.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest-level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. There may be more than one immediate owner (e.g., joint ventures).
Predecessor means an entity whose assets were acquired by the offeror or another entity (most often through merger or acquisition) and whose affairs are now carried out by the offeror or the other entity under a new name.
Taxpayer Identification Number means the number required by the Internal Revenue Service (IRS) to be used by the offeror to report income tax and other returns. It may be either a Social Security Number or an Employer Identification Number.
Unique entity identifier (UEI) has the meaning provided in the clause at FAR 52.204-91, Contractor Identification, of this solicitation.
(b) Unique entity identifier (UEI).
(1) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the UEI that identifies the Offeror's name and address exactly as stated in the offer. The Offeror shall also enter its EFT indicator, if applicable.
(2) If the Offeror does not have a UEI, it shall go to https://www.sam.gov to obtain one. The Government will independently validate the existence and uniqueness of the Offeror before assigning a
UEI.
(c) . The Offeror shall provide with its offer the following information that is Taxpayer identification necessary to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d); reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M; and the implementing IRS regulations:
(1) Taxpayer identification number (TIN)
TIN: ;____
TIN has been applied for; or
TIN is not required because:
Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
Offeror is an agency or instrumentality of a foreign government; or
Offeror is an agency or instrumentality of the Federal Government.
(2) Type of organization.
Sole proprietorship;
Partnership;
Corporate entity (not tax-exempt);
Corporate entity (tax-exempt);
Government entity (Federal, State, or local);
Foreign government;
International organization per 26 CFR 1.6049-4; or
Other.
(3) Common parent.
Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision; or
Name and TIN of common parent:
Name: ____
TIN: ____
(4) The TIN provided in paragraph (c)(1) of this provision may be matched with IRS records to verify the accuracy of the Offeror's TIN. The Government may use the TIN to collect and report on any delinquent amounts arising out of the Offeror's relationship with the Government (31 U.S.C. 7701(c)(3)).
(d) Commercial and Government Entity (CAGE) code.
(1) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its offer. The CAGE code shall be for that name and location address.
Insert the word "CAGE" before the code. The Offeror may obtain a CAGE code as indicated in the following table.
If the Offeror is… Then…
Located in the United States or its outlying areas Submit a request to the DLA CAGE Branch via https://cage.dla.mil Located outside the United States and its outlying areas and its country is a member of the North Atlantic Treaty
Organization (NATO) or a sponsored nation
Contact the appropriate National Codification Bureau ( https://www.nato.int/structur/ac/135
/about/contacts) Located outside the United States and its outlying areas and its country is not a member of NATO or a sponsored nation
Contact the NATO Support and Procurement Agency (NSPA) ( https://eportal.nspa.nato.int
/AC135Public/scage/CageList.aspx)
(2) The Offeror shall provide the CAGE code and legal business name (Do not use a "doing business as" name) for-
(i) Its immediate owner(s), if any;
(ii) Its highest-level owner, if any; and
(iii) Any predecessor(s), or predecessor of an Offeror's predecessor, that held a Federal contract or grant within the last three years.
Owner Type CAGE Code Legal Business Name Immediate owner ____ ____
Highest-level owner ____ ____ Predecessor* ____ ____
* Predecessor CAGE code may be marked "Unknown."
(3) If the Offeror has more than one immediate owner (such as a joint venture), give the information for each owner (or joint venture participant). If the Offeror has more than one predecessor, provide information for each predecessor in reverse chronological order.
(End of provision)
52.222-18 Certification Regarding Knowledge of Child Labor for Listed
End Products.
2021-02
Certification Regarding Knowledge of Child Labor for Listed End Products (FEB 2021)
(a) .Definition
Forced or indentured child labor means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
(b) . The following end product(s) being acquired under this solicitation is (are) Listed end products included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, identified by their country of origin. There is a reasonable basis to believe that listed end products from the listed countries of origin may have been mined, produced, or manufactured by forced or indentured child labor.
Listed End Product Listed Countries of Origin
(c) . The Government will not make award to an offeror unless the offeror, by checking Certification the appropriate block, certifies to either paragraph (c)(1) or paragraph (c)(2) of this provision.
(1)
The offeror will not supply any end product listed in paragraph (b) of this provision that was mined, produced, or manufactured in a corresponding country as listed for that end product.
(2)
The offeror may supply an end product listed in paragraph (b) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture such end product. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.
(End of provision)
52.222-36 Equal Opportunity for Workers with Disabilities. (Alternate I) ALT I 2014-07
Alternate I . As prescribed in (b), add the following as a preamble to the clause:(JUL 2014) 22.1408
Notice: The following term(s) of this clause are waived for this contract: [List term(s)].____________
52.222-42 Statement of Equivalent Rates for Federal Hires. 2014-05
Statement of Equivalent Rates for Federal Hires (MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( ), this clause identifies the classes of service employees expected to be 29 CFR Part 4 employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332.
This Statement is for Information Only: It is not a Wage Determination
Employee Class Monetary Wage-Fringe Benefits
(End of clause)
52.212-2 Evaluation-Commercial Products and Commercial Services.
(Deviation 2026-O0038) 2026-02
Evaluation-Commercial Products and Commercial Services (Feb 2026) (Deviation 2026-O0038)
(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:
[Insert evaluation factors in the relative order of importance. For requests for proposals, state:
Evaluation factors other than price when combined are [significantly more important than price /approximately equal to price/significantly less important] than price. For invitations for bids, list only price and price-related factors.]
(b) . The Government will evaluate offers for award purposes by adding the Options (if applicable) total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).
(c) . A written notice of award or acceptance of an offer furnished to the successful Notice of award Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
52.217-9 Option to Extend the Term of the Contract. 2000-03
Option to Extend the Term of the Contract (MAR 2000)
The Government may extend the term of this contract by written notice to the Contractor within (a) 60 [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days[60
] before the contract expires. The preliminary notice 60days unless a different number of days is inserted does not commit the Government to an extension.
If the Government exercises this option, the extended contract shall be considered to include this (b) option clause.
The total duration of this contract, including the exercise of any options under this clause, shall not (c) exceed (months) (years).5 years + 6 Months
(End of clause)
252.204-7016 Covered Defense Telecommunications Equipment or Services-
Representation.
2019-12
COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-
REPRESENTATION (DEC 2019)
(a) . As used in this provision, "covered defense telecommunications equipment or Definitions services" has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
(b) . The Offeror shall review the list of excluded parties in the System for Award Procedures Management (SAM) ( ) for entities excluded from receiving federal awards for https://www.sam.gov "covered defense telecommunications equipment or services".
(c) . The Offeror represents that it Representation does, does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(End of provision)
52.219-28 Postaward Small Business Program Rerepresentation. (Deviation
2026-O0038) 2026-02
Postaward Small Business Program Rerepresentation (Feb 2026) (Deviation 2026-O0038)
(a) . As used in this clause-Definitions
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 (c) of this clause.
(2) , as used in this definition, means business concerns, one of whom directly or indirectly Affiliates 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 a small business concern, a small disadvantaged business concern, or a joint venture that 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 (e) of this clause or, if applicable, paragraph (g) 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.
(c) 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.
(d) 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.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation(s) required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it is, is not a small business concern under NAICS Code assigned to contract number.____ ____
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (g) .] The Contractor represents that it(1) of this clause is, is not, a small disadvantaged business concern as defined in .13 CFR 124.1001
(3) . The Women-owned small business (WOSB) joint venture eligible under the WOSB Program Contractor represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The ____ Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]
(4) . The Economically disadvantaged women-owned small business (EDWOSB) joint venture Contractor represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The ____ Contractor shall enter the name and unique entity identifier of each party to the joint venture: __ .]
(5) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the . The Contractor represents that itSDVOSB Program is, is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The Contractor shall enter the name and unique entity identifier ____ of each party to the joint venture: __.]
(6) [ HUBZone joint venture eligible under the HUBZone Program. Complete only if the offeror is a ] The offeror represents, as part of its offer, that ItHUBZone small business concern.
is, is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint ____ venture: .] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern. [ Contractor to sign and date and insert authorized signer's name ____ and title.]
(End of clause)
File details come from the government source that posted it. Updated .