Combo OHWS W50S8U26RA012.docx

Combined Synopsis/Solicitation Notice Optimizing the Human Weapon System Services W50S8U-23-R-A012 (Using FAR 12 and FAR Part 15 Procedures)

1.0 This is a combined synopsis/solicitation for commercial services.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

1.1. The combined synopsis is issued as a Request for Proposal (RFP) under solicitation number :

W50S8U-26-R-A012

1.2. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2026-01 (13 March 2026).

1.3. Small Business Set-Aside: 100%; Applicable Size Standard is $12.5M

1.4. NAICS Code: 621340.

1.5. Product or Service Code (PSC): Q518

1.6. Posting Date: 19 August 2026

1.7. Response Date: 10 September 2026 @ 10:00 AM Central

1.8. Contracting Office: 138 MSG/MSC Contracting Office, 9100 East 46th Street North, Tulsa, OK 74115

1.9. Government Points of Contact: Contracting Officer: Mrs. Amanda Lonsdale and Contract Specialist: MSgt Zakary McClintock both reached at 138.FW.MSC@us.af.mil

1.10. Line item number(s) and items, quantities, and units of measure

· See price evaluation section.

1.11. Description of requirements for the services to be acquired:

OHWS is designed to meet the unique physical needs of fighter jet pilots. Fitness and conditioning is accomplished through a comprehensive, coordinated, multi-disciplinary physical training program focused on the movement and strengthening of the spinal musculoskeletal system.

1.12. Date(s) and place(s) of delivery and acceptance and FOB point:

1.12.1. Base CLIN OHWS- POP 28 September 2026 – 27 September 2027

1.12.2. Base CLIN OHWS Off-base Services – POP 28 Sep 2026 – 27 Sep 2027

1.12.3. Option Year #1 OHWS Services POP- 28 Sep 2027 – 27 Sep 2028

1.12.4. Option Year #1 OHWS Off-base Services POP 28 Sep 2027 – 27 Sep 2028

1.12.5. Option Year #2 OHWS Services POP- 28 Sep 2028 – 27 Sep 2029

1.12.6. Option Year #2 OHWS Off-base Services POP- 28 Sep 2028 – 27 Sep 2029

1.13. Provision 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, and addendum applies to this acquisition.

1.14. Offerors shall include a completed copy of 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services with its proposal.

1.15. FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services applies to this acquisition.

Addenda applies to this clause.

CUI

CUI

CUI

1.16. Additional contract provisions and clauses are applicable and included below.

1.17. Defense Priorities and Allocations Systems (DPAS) Rating: Not rated.

52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

As prescribed in 12.205(a)(1), insert a clause substantially as follows:

Instructions to Offerors—Commercial Products and Commercial Services (Deviation Date)

(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include—

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(c) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

(e) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.

(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.

(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

(End of provision)

***Addendum to FAR 52.212-1***

2.0 PROPOSAL SUBMISSION INSTRUCTIONS

2.1 Submission Due Date. The offeror must ensure its proposal, in its entirety, reaches the required destination before the date and time set for closing of the solicitation. The submission due date for this solicitation is 10 September 2026 at 10:00 AM (Central time).

2.2 Late Proposals. The lateness rules for submitted proposals are outlined in FAR 52.212-1 "Instructions to Offerors-Commercial Products and Commercial Services," and are incorporated into this solicitation.

2.3 Submission. The proposal submitted in response to this solicitation shall be formatted as stated below and furnished electronically to the Contracting Officer (KO), Mrs. Amanda Lonsdale, and the Contract Specialist (CS), MSgt Zakary McClintock, at the email address: 138.FW.MSC@us.af.mil The proposal shall only be submitted as described.

2.4 Proposal Compliance. The Government must have received from the offeror a fully compliant proposal. The proposal is compliant when it conforms to all of the requirements, terms, and conditions of the solicitation, including the Performance Work Statement (PWS). SEE PERFORMANCE WORK STATEMENT (PWS) FOR REQUIREMENTS. OFFERORS ARE HIGHLY ENCOURAGED TO READ THE PWS IN ITS ENTIRETY PRIOR TO SUBMITTING A PROPOSAL.

2.5 Proposal Acceptance. The contractor shall make a clear statement in the proposal as to the expiration date of the proposal and the stated expiration date shall be valid for all proposed subcontractors as well.

2.6 Proposal Retention. In accordance with FAR Subpart 4.8, Government Contract Files, the Government will retain one copy of all unsuccessful proposal.

2.7 Reserved

2.8 Reserved

3.0 PROPOSAL FORMAT

3.1 This section provides guidance to the offeror for preparing a proposal in response to the solicitation. The offeror’s proposal shall include all data and information required by this solicitation and submitted in accordance with these instructions. Any contract resulting from this effort shall be required to meet United States Government regulations and statutory requirements. In addition, the offeror is expected to ensure compliance with all laws, regulations, standards, and any other constraints specifically identified in the solicitation.

3.2 The proposal submitted in response to the solicitation shall be formatted as stated below and furnished as stated herein.

3.2.1 The acceptable electronic formats for proposals shall be PDF format

3.2.2 Minimum type size shall be 12 point Times New Roman standard font with single spacing (not to exceed 46 lines per page). Typesetting, font compression, or other techniques to reduce character size or spacing are not permitted and are considered a deliberate attempt to circumvent the page limitations. Prohibited techniques include setting the paragraph line spacing, a feature of MS Word, “exactly at 12 point.”

3.2.3 All proposal volumes shall be labeled with the solicitation number (W50S8U-26-R- A012), as well as the name, address, and telephone number of the Offeror.

3.2.4 All volumes shall be electronic files and not be password protected.

3.3 Proposals may not include classified information. All proposals shall be at the UNCLASSIFIED level. Every submission must be properly identified and marked with the proper security classification.

4.0 PROPOSAL CONTENT AND ORGANIZATION

4.1 The offeror shall prepare the proposal/quote as set forth in Table 1, Proposal/Quote Organization Table and Table 2, Proposal/Quote file Name Matrix. The completion and submission to the Government of documents identified in Table 1, Proposal/Quote Organization Table, shall constitute an offer and shall indicate the offeror’s unconditional consent to the terms and conditions of the solicitation.

4.2 The proposal/quote shall not contain citations for, or active links to live Internet sites or pages. All linked information shall be contained within the electronic proposal. Any linked information that is not contained in the proposal will not be accepted.

4.3 Each volume shall be written or presented on a standalone basis. Information required for proposal evaluation that is not found in its designated volume or presentation will be assumed to have been omitted from the proposal and will not be considered.

4.4 Pages that exceed the required page limitations set forth in Table 1, Proposal Organization Table, will not be evaluated by the Government. A cover page, table of contents, and acronym list shall be included in each volume and will not be included in any applicable page limits.

TABLE 1 PROPOSAL/QUOTE ORGANIZATION TABLE

Cover Letter – Not Evaluated Proposal/Quote Summary – Not Evaluated Organizational Conflict of Interest (OCI) – Not Evaluated

1 – electronic

Unlimited

Factor 1: Technical Capability

1 – electronic

25 pages

Factor 2: Past Performance

1 – electronic Up to 5 pages per reference; not to exceed 25 pages

4.5 All electronic files must be submitted using the file names in Table 2, Proposal/Quote File Name matrix, below.

TABLE 2 PROPOSAL/QUOTE FILE NAME MATRIX

Spreadsheet

5.0 PROPOSAL DOCUMENTS

5.1 Proposals shall be clear and concise and include sufficient detail for effective evaluation. The Government will base its evaluation on the information presented in the offeror’s proposal in response to this solicitation, except as stated in the past performance evaluation section.

5.2 Proposals shall be structured in accordance with the Contract Line Item Number (CLIN) structure set forth in the solicitation.

5.3 PROPOSAL SUMMARY, Volume 1, shall include:

· Solicitation No. W50S8U-26-R-A012

· Date submitted

· Offeror’s name

· Offeror’s address, UEI, and CAGE code

· Offeror contact information for proposal POC(s)

· All proposed subcontractor(s) (as applicable)

· Address, UEI, and CAGE code for each proposed subcontractor

· Proposal Acceptance Period

· OCI Plan or negative affirmation

5.4 Signature Actions/offeror Fill-Ins. Offerors shall submit a copy of all completed fill-ins for provisions and clauses requiring contractor provided information, and (if applicable) a signed copy of all amendments to the solicitation. System for Award Management (SAM) certifications need not be separately submitted; however, all offerors must be successfully registered and valid in SAM prior to award

5.5 Where certifications and approved systems are required for an offeror, if the proposal is being submitted by a Joint Venture, certifications and approved systems for the principals (partners) of the joint venture will be considered as valid for that offeror providing the necessary documentation from all principals (partners) is provided with the proposal.

5.6 Joint Venture (JV): To be recognized as a JV and eligible for award, the membership arrangements of the JV must be identified and the company relationships fully disclosed in the offeror's proposal IAW FAR 9.603. A copy of the agreement establishing the JV must contain the signatures of all of the members comprising the JV.

5.7 Statement of Acknowledgement. A statement specifying the extent of agreement with all terms, conditions, and provisions of the RFP, and a statement of agreement to furnish and deliver the supplies or perform services set forth in the RFP in consideration for offeror’s proposed price(s) set opposite each supply. Any exceptions taken to the attachments, exhibits, enclosures, or other solicitation terms, conditions, or documents may be grounds for the Contracting Officer to reject the proposal from further consideration in the source selection process.

5.8 Assumptions. The offeror shall consolidate and identify all offeror's generated "assumptions" contained anywhere in the proposal. Also, the offeror shall include a statement that none of the "assumptions" contradict or take exception to any terms, conditions, or requirements of the solicitation. Any exceptions taken to the attachments, exhibits, enclosures, or other solicitation terms, conditions, or documents may be grounds for the KO to reject the proposal from further consideration in the source selection process.

6.0 TECHNICAL CAPABILITY, Volume 2, shall include:

6.1 The Combined Technical/ Technical Capability The offeror’s proposal will be evaluated considering risk in conjunction with the technical quality of the proposal for meeting the Government’s requirement. Sub-factors to be evaluated include Key Personnel, Project Management and Manning Plan, Project Equipment and Supplies Plan and Understanding of Required Work and Reporting Requirements. The Government will evaluate the contractor’s proposal and how they address all requirements of the Performance Work Statement (PWS) and Service Delivery Summary (Technical Exhibit 1 in the PWS). The following ratings and related definitions will be used.

Table A-1 Combined Technical/Risk Rating

Exceptional Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Very Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Satisfactory Proposal indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements and/or risk of unsuccessful performance is high.

Unacceptable Proposal does not meet requirements of the solicitation and, thus, contains one or more deficiencies and/or risk of unsuccessful performance is unacceptable. Proposal is unawardable.

7.0 PAST PERFORMANCE, Volume 3, shall include:

7.1 The Government will evaluate the quality, timeliness, safety, and management of the offeror's past performance considering currency, relevancy, sources, context, and trends on recent (within the last 3 years) projects performed under Federal contracts or other open market projects performed. Also, evaluations available through the Contractor Performance Assessment Reporting System (CPARS) may be used. Past Performance will be rated on a Confidence rating scale described in Table A-2.

7.2 Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see RFO 15). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “Neutral.”

7.3 In assessing “relevancy” of an offeror’s previous contracts the Government may evaluate an offeror’s past performance for similarity of the service methods, size, project scope, cost magnitude and complexity of work performed to those required for the proposed effort. Relevancy weight will affect offeror’s overall Past Performance Confidence rating. The more relevant the project is weighted the greater confidence there will be in the past performance assessment as a predictor of future performance.

Table A-2 Past Performance Ratings

Substantial Confidence Based on the offeror's recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Government has a reasonable expectation that the offeror will successfully perform the required effort.

evaluated favorable or unfavorably on the factor of past performance.

Government has low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror's recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

8.0 PRICE, Volume 4, shall include:

8.1 The proposed price analysis shall include a determination of whether the price is fair and reasonable. The Contracting Officer has determined there is a probability of adequate price competition in this acquisition. Upon examination of the initial offers, the Contracting Officer will review this determination and if, in the Contracting Officer’s opinion, adequate price competition exists, no additional cost/price information will be requested. However, if at any time during this competition the Contracting Officer determines that adequate price competition no longer exists, offerors may be required to submit information to the extent necessary for the Contracting Officer to determine the reasonableness of price.

8.2 The Government intends to evaluate proposals and make award without negotiations. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price, technical, and performance, standpoint.

8.3 Pricing Assumption: Approximately 35 Customers

Total Price

PRICES MUST BE VALID FOR 30 DAYS.

9.0 ORGANIZATIONAL CONFLICT OF INTEREST

9.1 The provisions of FAR 9.5, OCI, apply to any award under this solicitation. Potential offerors should review their current and planned participation in any other Government contracts, subcontracts, consulting, or teaming arrangements where they may be in a position of actual or perceived bias or unfair competitive advantage. A common example with the potential for OCI is where an entity performs work both as a system contractor/subcontractor and as a Government support contractor for Government offices involved in supporting program efforts or related programs.

9.2 All offerors shall make a preliminary disclosure to the PCO, at the time of its proposal, of any Organizational Conflict of Interest (OCI) issues it has identified or provide an affirmative statement that the offeror does not have an Organizational Conflict of Interest (OCI) as it applies to this solicitation.

9.2.1 An offeror failing to submit an OCI plan that it is later determined should have been submitted, could cause the proposal to be rejected and no longer be considered for award. Offerors shall include in its plan where its employees are located and the total of employees in the location(s).

9.3 Offerors should disclose any potential OCI situations to the PCO as soon as identified including prior to proposal submission. The disclosure should include the facts and an analysis of the actual or perceived conflict and a recommended approach(s) to neutralize or mitigate the potential conflict. The preferred approach to potential conflicts is to negate/obviate the conflict. Mitigation is considered only if it is not practical to negate/obviate the conflict. The PCO will promptly respond to resolve any potential conflicts.

10.0 Award. 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.

W50S8U26RA012

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative.

1991-12

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12

DFARS Clauses Incorporated by Full Text

Number Title Effective

252.232-7006 Wide Area WorkFlow Payment Instructions.

2023-01

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause-

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

N/A

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2in1

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

(*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.

138.FW.MSC@us.af.mil

(Contracting Officer: Insert applicable information or "Not applicable.")

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

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts). (Deviation 2026-O0038)

DFARS Clauses Incorporated by Reference

Number Title Effective

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.204-7004 Antiterrorism Awareness Training for Contractors.

2023-01

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident

2024-05

Reporting.

FAR Clauses Incorporated by Full Text

Number Title Effective

52.217-8 Option to Extend Services. 1999-11

Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.[insert the period of time within which the Contracting Officer may exercise the option].

(End of clause)

52.217-9 Option to Extend the Term of the Contract.

2000-03

Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within [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 30 days[60days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years and 6 months(months) (years). (End of clause)

52.219-14 Limitations on Subcontracting.

(Deviation 2026-O0038)

2026-02

Limitations on Subcontracting (Feb 2026) (Deviation 2026-O0038)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that-

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to-

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108;

(4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in 8.4 and 16.5;

(5) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts, as described in 8.4 and 16.5; and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for-

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

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

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

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

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

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause-[Contracting Officer check as appropriate.] [ ] By the end of the base term of the contract and then by the end of each subsequent option period; or

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

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

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

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

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

52.222-42 Statement of Equivalent Rates for Federal Hires.

2014-05

Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the

Secretary of Labor ( 29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage-Fringe Benefits

015-5317 Wage Determination

30 Jul

Section K - Representations, Certification, & Other Statements

FAR Provisions Incorporated by Reference

Number Title Effective

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

2024-09

52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026-O0038)

DFARS Provisions Incorporated by Reference

Representation.

FAR Provisions Incorporated by Full Text

Number Title Effective

52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. (Deviation 2026-O0038)

Tax on Certain Foreign Procurements-Notice and Representation (Feb 2026) (Deviation 2026-O0038)

(a) Definitions. As used in this provision-

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area of the United States.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if-

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror may claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It [ ] is [ ] is not a foreign person; and

(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that-I am claiming on the IRS Form W-14 [ ] a full exemption, or [ ] partial or no exemption [Offeror must select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then-

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the IRS as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of provision)

DFARS Provisions Incorporated by Full Text

Number Title Effective

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

2021-05

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."

(a) Definitions. "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

Section L - Instructions, Conditions, & Notices to Offerors or Quoters

DFARS Provisions Incorporated by Reference

Number Title Effective

252.204-7024 Notice on the Use of the Supplier Performance Risk System.

2023-03

Section M - Evaluation Factors for Award

Number Title Effective

Alternate Deviation

Variation Effective Date

52.217-3 Evaluation Exclusive of Options. 1984-04 FAR Provisions Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.212-2 Evaluation-Commercial Products and Commercial Services. (Deviation 2026-O0038)

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.