Combined Synopsis Solicitation _WiFi Phs III.pdf
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- Attached to
- USAFA WiFi Expansion Phase III Request For Quote
- Solicitation number
- FA700024Q0062
About this file
This document is a combined synopsis/solicitation for a Request for Quote (RFQ) for the US Air Force Academy (USAFA) WiFi Expansion Phase III requirement.
The solicitation is a 100% Small Business Historically Underutilized Business Zone (HUBZone) competitive set-aside. The purpose is for the basic design, equipment parts and materials purchase, delivery, testing and installation of WiFi products at various USAFA buildings in accordance with the attached Description of Requirement (DOR). The NAICS code is 517112 with a size standard of 1,500 employees. The RFQ has a due date of 2 September 2024 at 2:00 PM Mountain Daylight Time. A site visit is scheduled for 13 August 2024. The government plans to award some, all, or none of the contract line items. Proposed delivery must be completed within 365 days of award. Quotes must include pricing for brand name Cisco, Aruba, and Ekahau products as no other products will work with the existing USAFA infrastructure. The government will evaluate quotes based on solicitation requirements, technical approach, price, and past performance.
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FA700024Q0062
USAFA WiFi Expansion Phase III
Request for Quote FA700024Q0062 USAFA WiFi Expansion Phase III
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
This solicitation is issued as a request for quotation (RFQ) in accordance with FAR part 12 and part 13. The RFQ number shall be used to reference any written quote provided. The RFQ document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05, effective 05/22/2024, DFARS Change 05/30/2024, and Department Air Force Acquisition Circular (DAFAC) Change 2024-0612, effective 06/12/2024.
This is a 100% Small Business Historically Underutilized Business Zone (HUBZone) competitive Set-Aside. HUBZone Small Business concerns may submit a quote, which if received timely, may be considered for award by the 10th Contracting Squadron, USAF Academy (USAFA). The quotes will be evaluated IAW FAR 52.212-2, found herein.
The North American Industry Classification System (NAICS) code for this project is 517112 with a size standard of 1,500 employees.
The Product Service Code (PSC) is 7G21.
DESCRIPTION OF REQUIREMENTS
The purpose of this combined synopsis/solicitation is for the basic design, equipment parts and materials purchase, delivery, testing and installation of the WiFi Expansion Phase III products in accordance with the attached Description of Requirement (DOR) and its addendums. Interest parties may request access to the bidder's library located at https://usafa0.sharepoint.com/sites/a6/ SetupContractBidder/Forms/AllItems.aspx. The requirement background, bid schedule with contract line-item numbers (CLINs), provisions and clauses and attachments are as follows:
BID SCHEDULE
Item Description Qty Unit Unit Price Extended Amt 0001 Vandenberg Hall, Bldg 2360 1 EA 0002 Arnold Hall common spaces, Bldg 2302 1 EA 0003 Arnold Hall Theater, Bldg 2302 1 EA 0004 Harmon Hall, Bldg 2304 1 EA 0005 (Option) Community Center Auditorium, Bldg 5136 1 EA 0006 (Option) Outdoor Cadet Tennis Courts, Bldgs 10170
10171, and 10081 1 EA
Total Amt
Note: The Government reserves the right to award some of the CLINs, all the CLINs, or none of the CLINs.
MissionNet currently utilizes Aruba equipment for WIFI access points and Access Point management and Cisco equipment for the Core, Distribution and Access layers. Whereas Ekahau is used for heat map reporting. No other products will work with USAFA's currently installed infrastructure.
CISCO: MissionNet access switches are needed to support upcoming/planned expansion of the MissionNet WIFI. MissionNet currently utilizes Cisco equipment for the Core, Distribution and Access layers. No other products will work with USAFA's currently installed Cisco infrastructure except the brand name items above. If an alternative vendor's equipment is procured in support of the USAFA MissionNet, it will not function with current infrastructure. Purchasing non-Cisco hardware which cannot be integrated (end-to-end) with USAFA's current system will incur in excess of $2M in additional costs to replace the entire Cisco wireless infrastructure.
Licensing costs will add an additional $800K and labor costs will add an additional $1.2M.
EKAHAU: Ekahau sidekick and associated equipment and reports are considered the industry standard in Heat Mapping devices and heat map reporting. This vendor provides heat mapping that allows for minimum client settings USAFA has all past building heat map and throughput reports completed in Ekahau. USAFA also has the Ekahau sidekick that allows for the reading and research into these reports. If Ekaha is not used, then it will be necessary for USAFA to purchase any other device and license used to read reports. This creates a duplication of processes. This doubles the cost of licensing to approximately $16,000.
http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/FAR12.DOC#s126
ARUBA: MissionNet access switches are needed to support upcoming/planned expansion of the MissionNet WIFI. MissionNet currently utilizes Aruba equipment for WIFI access points and Access Point management. No other products will work with USAFA's currently installed Aruba infrastructure except the brand name items above. If an alternative vendor's equipment is procured in support of the USAFA MissionNet, it will not function with current infrastructure. Purchasing non-Aruba hardware which cannot be integrated (end-to-end) with USAFA's current system will incur in excess of $3M in additional costs to replace the entire Aruba wireless infrastructure. Licensing costs will add an additional $1.1M and labor costs will add an additional $1M.
Total Evaluated Price: The Total Evaluated Price (TEP) is the extended amounts of each CLIN added together to total the overall price offered.
Delivery: Delivery is F.O.B. Destination to U.S. Air Force Academy, CO 80840. Delivery and installation to be completed no later than 365 days from receipt of award. Contractor shall quote number of performance days for each option CLIN, 0005 & 0006.
Inspection/Acceptance: The Government shall inspect and accept products and services at the Government’s location, U.S. Air Force Academy, CO 80840. Payment on invoices shall not be made until the Government has processed acceptance through Wide Area Workflow payment site.
SOLICITATION INSTRUCTIONS
Provisions and Clauses incorporated by reference and full text are as follows:
52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEP 2023) incorporated by reference applies to this acquisition, in addition, to the following addendum:
The following words stating “offer”, “offeror”, and “proposal” are replaced with “quotation”, “vendor”, and “quote”.
Paragraph (a) first sentence revised as follows: “The NAICS code and small business size standard for this acquisition appear above.”
Paragraph (c) first sentence revised as follows: The offeror agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt of quotes or any extension provided for by amendment.
RFQ issuance date: 25 Jul 2024 Quotation due date: 2 Sep 2024 Quotation due time: 2:00 P.M. Mountain Daylight Time (MDT)
Submit signed and dated quotes to:
10th Contracting Squadron Attn: Melinda Lingley 8110 Industrial Drive, Suite 200 USAF Academy, CO 80840-2315
Or email to:
melinda.lingley@us.af.mil Contract Specialist, Ms. Melinda Lingley kristin.heikkila@us.af.mil Contracting Officer, Ms. Kristin Heikkila
All correspondence to be sent to both the contract specialist and contracting officer as provided above.
Note: .zip files are not an acceptable format for the Air Force Network and will not go through our email system.
A Questions and Answers (Q&A) period ends on 19 Aug 2024. Questions regarding this RFQ must be emailed to melinda.lingley@us.af.mil by 1:00 P.M. MDT prior to the end of the Q&A period. Answers will then be posted in SAM.gov addressing all questions received by the time specified no later than close of business on 23 Aug 2024.
SITE VISIT: A site visit is scheduled for 13 Aug 2024. Meet at Bldg. 8110 at 9:00am.
mailto:melinda.lingley@us.af.mil mailto:kenneth.helegson.3@us.af.mil mailto:melinda.lingley@us.af.mil
1) To register to attend the site visit provide the following requirements for base access:
a. No more than 3 personnel from each interested offeror may attend.
b. For each US personnel attending, provide:
i. Full Name
ii. Company Name
iii. Position in Company
c. For each non-US personnel attending (assuming they have a green card), provide:
i. Full Name
ii. Company Name
iii. Position in Company
iv. Date of Birth
v. Country of Citizenship
vi. Passport Number
vii. Passport Country of Issue
viii. Passport Expiration Date
ix. Dates of Visit
2) Interested parties need to respond to this instruction no later than 6 Aug 2024 by noon to reserve their spot. Non-registered attendees will not be allowed to participate in the site visit.
3) In accordance with FAR 52.237-1, Site Visit, offerors are highly encouraged to attend the site visit to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance to the extent that the information is reasonably obtainable. Failure to inspect the site shall not constitute grounds for adjustment after contract award.
4) Remarks, explanations, and answers to questions provided at this conference shall not qualify the terms of the solicitation and specifications. Unless the solicitation is amended in writing, it shall remain unchanged.
ADDITIONAL INFORMATION: Please provide the following information with your quote:
Company Name:
SAMS UEI Number: Cage Code:
*Number of Employees:
*Total Yearly Revenue:
Proposed Delivery Timeframe: Payment Terms:
Warranty Terms:
FOB: Destination
FAR 13 does not establish any specific guidelines for interacting with offerors after receipt of quotes but does not prohibit interchanges/exchanges (interactions with Govt and Industry). The Government may conduct Interchanges with one, some, none, or all offerors at its discretion. The Government reserves the right to conduct interchanges at any time after receipt of quotes.
When conducting Interchanges offerors do not have to be offered an opportunity for Final Quotation Revisions (FQRs) in response to interchanges.
Notice to Offeror(s)/Supplier(s): The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.
SPECIFIC INSTRUCTIONS: Offers submission packages submitted digitally shall be easily opened in .pdf or Microsoft Office versions and shall consist of no less than four sections with an overall page limitation of 50 pages total. Only the first 50 pages will be assessed, and pages 51 or more will not be assessed in consideration for award. The font should be of legible size and type similar to Times New Roman size 12 font. The individual sections are described to include information as follows:
SOLICITATION REQUIREMENTS: All offerors will be reviewed for completeness. Quotes missing information, i.e., missing clause or provision fill-in information, or information as required to be submitted as part of a complete offer may be excluded from the evaluation. Caution should be taken to ensure the offer is complete prior to submitting.
TECHNICAL: The offerors approach needs to define in the technical plan covering the overall installation and performance of WIFI in each location. The technical plan should identify locations of each of the WiFi units, the brand name product conformance, the schedule for the integration, and on-site installation of the WiFi system for each location identified. Submit a technical solution for installation of each location with preliminary design detailing the locations and equipment to be installed.
PRICE: Submit a firm-fixed price in accordance with the line-item structure listed in the Bid Schedule of this solicitation.
Prices must include unit prices and total amounts for each line item (i.e., multiply the unit price and quantity for each line item). Include any discounts, and payment terms (e.g., Net 30) with the price for a total price. The TEP will be determined by adding together the extended amounts quoted for each line item. The extended amounts will be confirmed by multiplying each line-item quantity by the quoted unit price. If there is a conflict between the quoted unit prices and extended amounts, the unit price shall be used to determine the total evaluated price. Any discounts identified in the quote will be included in the evaluation of the total evaluated price. No advantage will accrue to an offeror who submits a quote for an unreasonably low price.
PAST PERFORMANCE: Past performance references submitted to be considered relevant and recent shall not be older than three years. A total of no less than three (3), but up to five (5) past performance submissions that include contracts for the same or similar WiFi installation services reflecting on experience with upgrading and expanding WiFi systems. For each submission of past performance include current individual reference information (i.e., contract numbers, points of contact names, email addresses and telephone numbers, and other relevant information), and whether performance in the contract was as a Prime or as a Subcontracted effort.
Offerors who are not actively registered in SAM.gov at the time of submission may not be considered for award.
52.212-2 EVALUATION -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (Nov 2021)
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:
Evaluation-Commercial Products and Commercial Services (Nov 2021)
(a) 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 shall be used to evaluate offers:
SOLICITATION REQUIREMENTS: All offerors will be reviewed for completeness. Quotes missing information, i.e., missing clause or provision fill-in information, or information as required to be submitted as part of a complete offer may be excluded from the evaluation. Caution should be taken to ensure the offer is complete prior to submission.
EVALUATION OF TECHNICAL: The Government will evaluate the quoter’s technical plan covering the design, brand name product conformance, and schedule for the integration and on-site installation of WiFi system on an Exceeds/Acceptable/Unacceptable basis and assign a rating as described in Table 1 below:
Table 1. Technical Ratings
Rating Description
Exceeds Technical plan meets all acceptable criteria.
Technical plan shows use of emerging technologies (i.e. slim Cat 6e, etc.).
Technical plan shows use of WIFI optimization strategies (i.e. optimizing signal strength, noise to signal ratio, channel width, client roaming and channel interference).
Acceptable Technical plan shows consideration of State Historic Preservation Office (SHPO) restrictions.
Technical plan shows consideration of number of users/devices as listed on requirements for each area.
Technical plan shows consideration of Aruba best practices of spacing and higher client density.
Technical plan shows use of required brands (Cisco/Aruba/Ekahau)
Technical plan shows consideration of Rack Elevation/port usage update requirement.
Technical plan shows consideration of schedule requirement.
Technical plan shows consideration of final testing/heat mapping and equipment documentation requirement.
Unacceptable Technical plan does not contain all required criteria.
Technical plan does not indicate coverage of required areas.
Technical plan does not meet all performance or Brand Name requirements.
EVALUATION OF PRICE: Evaluation of price will be performed using one or more of the price analysis techniques in FAR 13.106-3. Through these techniques the Government will determine whether prices are reasonable, complete, and balanced. If requested by the Contracting Officer, data other than certified pricing data may be evaluated to support a determination of reasonable, complete, and balanced pricing. This information will only be requested if all other sources have been insufficient to support a determination of reasonable, complete, and balanced pricing.
The Government will evaluate all offers received by the Total Evaluated Price (TEP). Failure to offer a price for any line item may cause the offerors quote to be incomplete and may be excluded from further consideration for award. The lowest price is not a guarantee to be selected for award, rather it is one of three factors being considered for an overall award selection.
EVALUATION OF PAST PERFORMANCE: The Government reserves the right to use any Past Performance history source for verification. Evaluation of an offerors past performance will be conducted in an efficient and minimally burdensome fashion. The evaluation may be based on (1) the Government’s knowledge of and previous experience with the supply or service being acquired; (2) Contractors Performance Assessment Report Systems; or (3) any other reasonable basis. Acceptable and unacceptable ratings provided from the evaluation will be either acceptable or unacceptable as described in Table 2 below:
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of Provision)
Table 2. Past Performance Ratings
Rating Description Acceptable The offeror included recent experience in designing and installing commercial WiFi networks in
Large Public Venues (LPV) and college institutions within the past 3 years. Past Performance assessments provided satisfactory or better ratings within the past 3 years with zero marginal or unsatisfactory ratings.
Unacceptable The offeror fails to include or has no recent or relevant experience designing and installing a commercial WiFi network in Large Public Venues (LPV) and college institutions within the past 3 years. One or more discrepancies were identified in the past performance assessments within the past 3 years and the evaluation team determined the risk to be unacceptable.
Contract Administration Data
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
As prescribed in 232.7004(b), use the following clause:
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 vendor payment requests and receiving reports, asElectronic invoicing.
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-Based Training Course and use the PracticeWAWF training.
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, Electronic Data Interchange, or File TransferWAWF methods of document submission.
Protocol.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports inWAWF payment instructions.
WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s):Document type.
(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.
Combo
(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.
(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.]
FA700024Q0062
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWFDocument routing.
when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC F87700
Issue By DoDAAC FA7000
Admin DoDAAC FA7000
Inspect By DoDAAC F4B0T0
Ship To Code F4B0T0
Ship From Code NA
Mark For Code NA
Service Approver (DoDAAC) NA
Service Acceptor (DoDAAC) NA
Accept at Other DoDAAC NA
LPO DoDAAC NA
DCAA Auditor DoDAAC NA
Other DoDAAC(s) NA
FA700024Q0062
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request inPayment request.
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 of DFARS Appendix F.Receiving report.
(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.
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
FA700024Q0062
USAFA WiFi Expansion Phase III kristin.heikkila@us.af.mil
Special Contract Requirements
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 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 52.222-1 Notice to the Government of Labor Disputes. Feb 1997 52.223-10 Waste Reduction Program. May 2024 52.223-19 Compliance with Environmental Management Systems. May 2011 52.223-23 Sustainable Products and Services. May 2024
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
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 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2023
252.204-7022 Expediting Contract Closeout. May 2021 252.205-7000 Provision of Information to Cooperative Agreement Holders. Jun 2023 252.223-7004 Drug-Free Work Force. Sep 1988 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 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
252.232-7010 Levies on Contract Payments. Dec 2006 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.246-7008 Sources of Electronic Parts. Jan 2023
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.
(May 2024)
As prescribed in , insert the following clause: 12.301(b)(4)
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 (section 743 of Division E, Title VII,(Jan 2017) 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 (Section 1634 of Pub. L. 115-91).2023)
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (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 (31 U.S.C. 3903 and 10 U.S.C. 3801).(Mar 2023)
FA700024Q0062
(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(Aug 1996)
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(Oct 2004)
(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:
52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and 10 U.S.C. 4655).(1) (Jun 2020), Alternate I (Nov 2021)
52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (Nov 2021)
52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5).(3) (Jun 2010) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the(4) (Nov 2023) Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).X (5) (Jun 2020)
[Reserved].(6)
52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(7) (Oct 2016)
52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(8) (Oct 2016)
52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).X (9) (Jun 2023)
52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-(10) Agency Contracts. (Pub. L. 115-390, title II).(Dec 2023)
(11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)
Alternate I of 52.204-30.(ii) (Dec 2023)
52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (12) (Nov (31 U.S.C. 6101 note).2021)
52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(13) (Oct 2018)
[Reserved].(14)
52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).X (15) Oct 2022
52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the preference,(16) Oct 2022 it shall so indicate in its offer) (15 U.S.C. 657a).
[Reserved](17)
(18)
(i) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)
Alternate I of 52.219-6.(ii) (Mar 2020)
(19)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)
Alternate I of 52.219-7.(ii) (Mar 2020)
X (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).
(21)
(i) 52.219-9, Small Business Subcontracting Plan ( ) (15 U.S.C. 637(d)(4)).Sep 2023
Alternate I of 52.219-9.(ii) (Nov 2016)
FA700024Q0062
Alternate II of 52.219-9.(iii) (Nov 2016)
Alternate III of 52.219-9.(iv) (Jun 2020)
Alternate IV ( ) of 52.219-9.(v) Sep 2023
(22)
(i) 52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(Mar 2020)
Alternate I of 52.219-13.(ii) (Mar 2020)
(26)
(i) 52.219-28, Post Award Small Business Program Rerepresentation ( ) (15 U.S.C. 632(a)(2)).Feb 2024
Alternate I of 52.219-28.(ii) (Mar 2020)
52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ( )(27) Oct 2022 (15 U.S.C. 637(m)).
52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned(28) Small Business Program ( ) (15 U.S.C. 637(m)).Oct 2022
52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(29) (Mar 2020)
52.219-33, Nonmanufacturer Rule (15U.S.C. 637(a)(17)).(30) (Sep 2021)
52.222-3, Convict Labor (E.O.11755).X (31) (Jun 2003)
52.222-19, Child Labor-Cooperation with Authorities and Remedies .(32) (Feb 2024)
52.222-21, Prohibition of Segregated Facilities .X (33) (Apr 2015)
(34)
X (i) 52.222-26, Equal Opportunity (E.O.11246).(Sep 2016)
Alternate I of 52.222-26.(ii) (Feb 1999)
(35)
(i) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(Jun 2020)
Alternate I of 52.222-35.(ii) (Jul 2014)
(36)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(Jun 2020)
Alternate I of 52.222-36.(ii) (Jul 2014)
52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(37) Jun 2020
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(38) (Dec 2010)
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USAFA WiFi Expansion Phase III
(39)
X (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).
(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.)
X (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).
(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).
(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.)
Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)(ii) (May 2008)
(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ).(May 2024) et seq.
(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, ).(May 2024) et seq.
(44) 52.223-20, Aerosols (42 U.S.C. 7671, ).(May 2024) et seq.
(45) 52.223-21, Foams (42 U.S.C. 7671, ).(May 2024) et seq.
(46) 52.223-23, Sustainable Products and Services (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).(May 2024)
(47)
(i) 52.224-3 Privacy Training (5 U.S.C. 552 a).(Jan 2017)
Alternate I of 52.224-3.(ii) (Jan 2017)
(48)
(i) 52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(Oct 2022)
Alternate I of 52.225-1.(ii) (Oct 2022)
(49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note,(NOV 2023) 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.
Alternate I [Reserved].(ii)
Alternate II of 52.225-3.(iii) ( 2022)Dec
Alternate III of 52.225-3.(iv) (Feb 2024)
Alternate IV (Oct 2022) of 52.225-3.(v)
52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (NOV 2023) et seq
52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign X (51) (Feb 2021) Assets Control of the Department of the Treasury).
52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).X (59) (Oct2018)
52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(60)
52.232-36, Payment by Third Party (31 U.S.C. 3332).(61) (May 2014)
52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).X (62) (Aug 1996)
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(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).
X (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).
52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(63) (Jan 2017)
(64)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(Nov 2021)
Alternate I of 52.247-64.(ii) (Apr 2003)
Alternate II of 52.247-64.(iii) (Nov 2021)
(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:
52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (Aug 2018)
52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(2) (May 2014)
52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (3) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.(4) C. chapter 67).
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain(5) Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (6) (May 2014) (41 U.S.C. chapter 67).
52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (Jan 2022)
52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (Jan 2022)
52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)
(d) . The Contractor shall comply with the provisions of this paragraph (d) if this contract was awardedComptroller General Examination of Record 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 (41 U.S.C. 3509).(Nov 2021)
(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(Nov 2023)
(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 (Section 1634 of Pub. L. 115-91).2023)
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(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(Jun 2023)
(vii)
(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)
(B) Alternate I of 52.204-30.(Dec 2023)
(viii) 52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontractingFeb 2024 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 (E.O.11246).(Sep 2015)
(xi) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(Jun 2020)
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(Jun 2020)
(xiii) 52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(Jun 2020)
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in(Dec 2010) accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(Aug 2018)
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(Nov 2021)
(B) Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(Mar 2015)
(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 (E.O. 12989).(May 2022)
(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 (E.O. 13706).(Jan 2022)
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I of 52.224-3.(Jan 2017)
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the National(Oct 2016) 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 (42 U.S.C. 1792). Flow down required in accordance with(Jun 2020) 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 (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down(Nov 2021) 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)
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52.217-7 Option for Increased Quantity-Separately Priced Line Item. (Mar 1989)
As prescribed in , insert a clause substantially the same as the following:17.208(e)
Option for Increased Quantity-Separately Priced Line Item (Mar 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
(End of clause)
(Jan 2023)
DFARS Clauses Incorporated by Full Text
252.211-7003 Item Unique Identification and Valuation.
As prescribed in 211.274-5(a), use the following clause:
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.
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" 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.
"U…
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