Combo Synopsis-Solicitation - W9127N25QA073.pdf
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- Solicitation number
- W9127N25QA073
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This is a Combined Synopsis/Solicitation issued by the U.S. Army Corps of Engineers, Portland District, seeking quotes for an Oil Accountability Test at Foster Dam in Oregon. The solicitation (W9127N24QA073) is a 100% Total Small Business Set-Aside under NAICS Code 561210 with a $47 million size standard, requiring firm fixed-price services to conduct a performance test of the Oil Spill Prevention System (OSPS).
Key details include a quote submission deadline of 30 July 2025 at 12:00 PM PT, with quotes to be emailed to Jaren.L.Bowman@usace.army.mil and Darrell.D.Hutchens@usace.army.mil. The performance period is from 18 August 2025 to 03 October 2025, with a 45-calendar day delivery schedule. All offerors must be registered in the System for Award Management (SAM) and remain active throughout the award period. The solicitation includes multiple attachments such as a Performance Work Statement, drawing sheets, and wage determination documentation.
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Other files
| File | Type | Posted |
|---|---|---|
| Performance Work Statement_Final 07.24.25.pdf | ||
| Drawings - Sheet S101.pdf | ||
| Drawings - Sheet MP102.pdf | ||
| Drawings - Sheet MP103.pdf | ||
| Performance Work Statement.pdf | ||
| WD_Linn_2015-5587_Rev 25.pdf |
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COMBINED SYNOPSIS/SOLICITATION
W9127N24QA073
Foster Dam Oil Spill Prevention System (OSPS): Oil Accountability Test
U.S. ARMY CORPS OF ENGINEERS, PORTLAND DISTRICT (CENWP)
15 July 2025
This is a combined synopsis/solicitation for commercial supplies prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with FAR Part 13, Simplified Acquisition Procedures, and additional information included in this notice.
This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation will not be issued.
Solicitation W9127N24QA073 is a Request for Quotes under FAR Part 13 for the establishment of a firm fixed price contract to obtain services to conduct a performance test of the Oil Spill Prevention System (OSPS) at Foster Dam in Oregon, USA in support of US Army Corps of Engineers (CE), Portland District (NWP), Willamette Valley Project (WVP).
The solicitation document’s incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-04 Effective date 06/11/2025.
This solicitation is advertised as a 100% Total Small Business Set-Aside under NAICS Code 561210 - Facilities Support Services with a Small Business Size Standard of $47million. All prospective offerors must be registered in the System for Award Management (SAM) at www.sam.gov to be eligible for award and remain active in SAM.gov throughout the active period of award. Lack of active SAM registration will make an offeror ineligible for award.
The Government requests pricing for the following items:
DESCRIPTION:
CLIN 0001, Oil Accountability Test - quantity: one (1) job
Total Price: ___________________
Delivery Schedule: Delivery of above services is to be completed within 45 days from date of award. (If additional time is needed the contractor shall provide justification for additional time within their quote)
Place of Performance Information:
Foster Dam Address:
U.S. Army Corps of Engineers
2000 N 53RD
FOSTER, OR 97345
Services shall be performed between the days of Monday through Thursday from 0700 – 1630.
Excluding Federal holidays.
52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL ITEMS (MAR 2023) –
ADDENDUM
Proposals shall include the following:
1. Name / Date:
2. Address / Telephone No.:
3. Unique Entity Identifier (UEI from SAM):
4. Quote – Provide pricing in accordance with the foregoing CLIN(s). Provide a technical description of the services being offered in sufficient detail to evaluate compliance with the requirements in the solicitation, to include product literature, or other documents, if necessary.
Quotes shall include all Standard Commercial Warranties, Completed Representations & Certifications, and detailed equipment specification sheets.
Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items. For offerors with a current registration in the System for Award Management (SAM), complete paragraph (b) of the provision and submit with the response to the RFQ.
Submissions: Quotes are due no later than 30 July 2025, at 12:00 PM PT. Offerors are responsible for verifying receipt of their quotes to this office before the offer due date and time. Facsimile (Fax) responses are not accepted. If you have any questions or concerns, you may contact Jaren Bowman by email at Jaren.L.Bowman@usace.army.mil.
Quotes must be emailed to: Jaren.L.Bowman@usace.army.mil & Darrell.D.Hutchens@usace.army.mil.
Upon award and satisfactory completion of services, payment will be made through:
USACE, Finance Center cefc-g2invoices@usace.army.mil Attn: CEFC-AO-P 5722 Integrity Drive Millington, TN 38054-5005
With an electronic copy submitted to the POCs in the attached Performance Work Statement
(PWS).
(End of provision)
Attachments
1. Solicitation (includes clauses and provisions)
2. Performance Work Statement
3. Drawings sheet MP 102
4. Drawings Sheet MP 103
5. Drawings Sheet S 101
6. Wage Determination Linn 2015-5587 Rev 25
Continuation of Supplies or Services and Prices/Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
Oil Accountability Test
Product Service Code: F112 Drawing Number: MP 102; MP 103; and S 101 Pricing Arrangement: Firm Fixed Price
1 Job
W9127N25QA073
Continuation of Description
Requirements The U.S. Army Corps of Engineers (USACE), Portland District (NWP) is soliciting services to conduct a performance test of the Oil Spill Prevention System (OSPS) at Foster Dam. See Performance Work Statement (PWS) for details.
Continuation of Deliveries or Performance
From 18 Aug 2025 to 03 Oct 2025
Line Item Delivery Schedule Quantity Address and POC
Delivery Schedule From date of lead time event to completion of performance 45 Calendar Days Date of Award
Period of Performance From 18 Aug 2025 To 03 Oct 2025
1 Job Place of Performance DoDAAC: 960409 CountryCode: USA
USACE PORTLAND DISTRICT
PORTLAND DIST WILLIAMETTE VALLEY PR,
2000 N 53RD
FOSTER, OR 97345
UNITED STATES
Josh Daniels Email: Joshua.T.Daniels@USACE.Army.mil Telephone: 5038085083
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 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
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.
Dec 2023
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Nov 2021
52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004
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 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 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 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024
Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services
FAR Clauses Incorporated by Full Text
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services.
(Jan 2025)
Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025)
The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by (a) reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII, (1) (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)).
52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (2) (Dec (Section 1634 of Pub. L. 115-91).2023)
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(3) (Nov 2021) (a)(1)(A) of Pub. L. 115-232).
52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(4) (Nov 2015)
52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. 3903 and 10 U.S.C. 3801).(5) (Mar 2023)
52.233-3, Protest After Award (31 U.S.C. 3553).(6) (Aug 1996)
52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(7) (Oct 2004)
The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this (b) contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ .]Contracting Officer check as appropriate
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).(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).(9)X (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)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).X(11)
Alternate I of 52.204-30.(ii) (Dec 2023)
(12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. ( 2025) (31 U.S.C. 6101 note).Jan
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).(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)
(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).X(18)
Alternate I of 52.219-6.(ii) (Mar 2020)
(19)
52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(i) (Nov 2020)
Alternate I of 52.219-7.(ii) (Mar 2020)
52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)).(20) ( )Jan 2025
(21)
52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).(i) ( )Jan 2025
Alternate I of 52.219-9.(ii) (Nov 2016)
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) ( )Jan 2025
(22)
52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(i) (Mar 2020)
Alternate I of 52.219-13.(ii) (Mar 2020)
52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 657s).(23) Oct 2022
52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(24) (Sep 2021)
52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible (25) Under the SDVOSB Program ( ) (15 U.S.C. 657f).Feb 2024
(i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).X(26)
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 (15 U.S.C. 637(a)(17)).(30) (Sep 2021)
52.222-3, Convict Labor (E.O.11755).X(31) (Jun 2003)
(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O. 13126).(Jan 2025)
52.222-21, Prohibition of Segregated Facilities .(33) (Apr 2015)
(34)
52.222-26, Equal Opportunity (E.O.11246).(i) (Sep 2016)
Alternate I of 52.222-26.(ii) (Feb 1999)
(35)
52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(i) (Jun 2020)
Alternate I of 52.222-35.(ii) (Jul 2014)
(36)
52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(i) (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)
(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).X(39)
Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (Mar 2015)
(40) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (Jan 2025) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
(41)
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 (i) 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)
52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ).(42) (May 2024) et seq.
52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, ).(43) (May 2024) et seq.
52.223-20, Aerosols (42 U.S.C. 7671, ).(44) (May 2024) et seq.
52.223-21, Foams (42 U.S.C. 7671, ).(45) (May 2024) et seq.
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. X(46) (May 2024) 7671l).
(47)
52.224-3 Privacy Training (5 U.S.C. 552 a).(i) (Jan 2017)
Alternate I of 52.224-3.(ii) (Jan 2017)
(48)
52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(i) (Oct 2022)
Alternate I of 52.225-1.(ii) (Oct 2022)
(49)
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, (i) (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) (Jan 2025)
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).
52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National (52) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).(53)
52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150).(54) (Nov 2007)
52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).X(55) (May 2024)
52.229-12, Tax on Certain Foreign Procurements .X(56) (Feb 2021)
52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(57) (Nov 2021)
52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(58) (Nov 2021)
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).(62) (Aug 1996)
52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (63) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(Nov 2024)
52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(64) (Jan 2017)
(65)
52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(i) (Nov 2021)
Alternate I of 52.247-64.(ii) (Apr 2003)
Alternate II of 52.247-64.(iii) (Nov 2021)
The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has (c) indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ ]Contracting Officer check as appropriate.
52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).X(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 .X(7) (Jan 2022)
52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).X(8) (Jan 2022)
52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)
52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (49 U.S.C. 40118(g)).(10) (Jan 2025)
. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded (d) Comptroller 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.
The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to (1) examine any of the Contractor's directly pertinent records involving transactions related to this contract.
The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or (2) 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.
As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of (3) 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)
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 (1) 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-
52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).(i) (Nov 2021)
52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(ii) (Nov 2023)
52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, (iii) 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)).
52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (iv) (Dec (Section 1634 of Pub. L. 115-91).2023)
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(v) (Nov 2021) (a)(1)(A) of Pub. L. 115-232).
52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(vi) (Jun 2023)
(vii)
52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(A) (Dec 2023)
Alternate I of 52.204-30.(B) (Dec 2023)
52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting (viii) ( )Jan 2025 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.
52.222-21, Prohibition of Segregated Facilities .(ix) (Apr 2015)
52.222-26, Equal Opportunity (E.O.11246).(x) (Sep 2016)
52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(xi) (Jun 2020)
52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(xii) (Jun 2020)
52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(xiii) (Jun 2020)
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in (xiv) (Dec 2010) accordance with paragraph (f) of FAR clause 52.222-40.
52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(xv) (Aug 2018)
(xvi)
52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(A) (Nov 2021)
Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(B) (Mar 2015)
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of (xvii) Certain 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 (xviii) (May 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(Jan 2025)
52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(xx) (Jan 2022)
52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(xxi) (Jan 2022)
(xxii)
52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).(A)
Alternate I of 52.224-3.(B) (Jan 2017)
52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the National (xxiii) (Oct 2016) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in accordance with (xxiv) (Jun 2020) paragraph (e) of FAR clause 52.226-6.
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 (xxv) required in accordance with paragraph (c) of 52.232-40.
52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (xxvi) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(Nov 2024)
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 (xxvii) (Nov 2021) required in accordance with paragraph (d) of FAR clause 52.247-64.
While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of (2) additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Addendum to Contract Clauses
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts. May 2024
52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities.
Nov 2024
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.201-7000 Contracting Officer's Representative. Dec 1991 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023
Solicitation Provisions
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.204-16 Commercial and Government Entity Code Reporting. Aug 2020 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. Sep 2023
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
Nov 2021
52.204-7 System for Award Management. Nov 2024
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. Oct 2016
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.
May 2021
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System. Mar 2023 252.225-7055 Representation Regarding Business Operations with the Maduro Regime. May 2022
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region- Representation.
Jun 2023
Offeror Representations and Certifications - Commercial Products and Commercial Services
FAR Clauses Incorporated by Full Text
52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (Alternate I)
(May 2024) Alternate I (Feb 2024)
Alternate I (Feb 2024). As prescribed in 12.301 (b)(2), add the following paragraph (c)(12) to the basic provision:
(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(5) of this provision.)
[ ] Black American.
[ ] Hispanic American.
[ ] Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
[ ] Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
[ ] Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
[ ] Individual/concern, other than one of the preceding.
Addendum to Solicitation Provisions
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.204-26 Covered Telecommunications Equipment or Services-Representation. Oct 2020 52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. Jun 2020
FAR Clauses Incorporated by Full Text
52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures. (Dec 2023)
Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures (Dec 2023)
(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.
(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.
(c) Procedures.
(1) The Offeror shall search for the phrase "FASCSA order" in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.
(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).
(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.
(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).
(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:
(1) Name of the product or service provided to the Government;
(2) Name of the covered article or source subject to a FASCSA order;
(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;
(4) Brand;
(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(6) Item description;
(7) Reason why the applicable covered article or the product or service is being provided or used;
(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.
(End of provision)
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