CSS SP3300-25-Q-0076.pdf

SP3300-25-Q-0076

NOTICE TO OFFERORS

1. Issuing Office:

DLA Distribution Acquisition Operations (J7)

430 Mifflin Avenue, Suite 3102A

New Cumberland, PA 17070-5008

2. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the

Federal Acquisition Regulations (FAR) Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items in conjunction with FAR Subpart 13 Simplified Procedures for Commercial Items. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a Request for Quote (RFQ) and the RFQ number is SP3300-25-Q-0076.

3. This notice incorporates provisions and clauses in effect under:

REGULATION

IDENTIFICATION EFFECTIVE

DATE

UPDATE

Federal Acquisition Circular (FAC) 2025-03 03 January 2025 Federal Register

Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice

(DPN)

20250117 17 January 2025

Publication Notices

Defense Logistics Acquisition Directive

(DLAD) Current to Revision 5 through

Procurement Letter (PROCLTR)

2025-05 04 November 2024

DLAD

The complete text of any of the clauses and provisions are available electronically from the following sites:

FAR - https://www.ecfr.gov/current/title-48/chapter-1

DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

DLAD - https://www.dla.mil/HQ/Acquisition/Policy-and-Directives/

This Request for Quotation (RFQ) is being issued to establish a Firm-Fixed-Price (FFP) purchase order for Testing, Inspection and Maintenance Services of DLA Distribution Depot San Joaquin, Tracy, CA., (DDJC) for their Fire Protection Systems. The Government intends to award one (1) contract as a result of this RFQ and will be issued on a Standard Form (SF) 1449. This acquisition is not a Defense Priorities and

Allocations System (DPAS) rated procurement.

4. This RFQ is being solicited as Full and Open Competition. The North American Industry Classification System

(NAICS) code for this project is 811310 and the size standard is $12.5 million. The Product or Service Code

(PSC) for this acquisition is J012.

5. PERIOD OF PERFORMANCE:

STARTING ON OR ABOUT

Base Year: May 15, 2025 – May 14, 2026

Option Year 1: May 15, 2026 – May 14, 2027

Option Year 2: May 15, 2027 – May 14, 2028

Option Year 3: May 15, 2028 – May 14, 2029

Option Year 4: May 15, 2029 – May 14, 2030

6. PLACE OF PERFORMANCE:

Defense Logistics Agency (DLA)

Defense Distribution Depot San Joaquin

Tracy, CA 95304-9150

7. INSURANCE – Any required insurance certifications must be submitted to the Contracting Officer within ten (10) days after the date of contract award.

http://www.federalregister.gov/ https://www.acq.osd.mil/dpap/dars/change_notices.html https://www.dla.mil/HQ/Acquisition/Policy-and-Directives/ https://www.ecfr.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.dla.mil/HQ/Acquisition/Policy-and-Directives/

8. PROOF OF DELIVERY: Acceptable Proof of Delivery documents include: Shipping Documentation;

Materials Inspection and Receiving Report (DD250), Bill of Lading, Packing List, Tracking/Delivery

Confirmation or Invoice. To ensure prompt payment to your company, the Proof of Deliveries must include the following:

• CONTRACT NUMBER or ORIGINAL DOCUMENT NUMBER

• DELIVERY ORDER NUMBER (as applicable)

• CLIN /MATERIAL NUMBER

• SPECIFIC QUANTITY SHIPPED IN REFERENCE TO QUANTITY ORDERED

• PRINTED NAME AND WRITTEN SIGNATURE OF A GOVERNMENT EMPLOYEE

9. SYSTEM FOR AWARD MANAGEMENT (SAM): A prospective awardee shall be registered in the System for Award management (SAM) database by the quotation submission date, during performance and through final payment of any contract resulting from this solicitation. Offerors may obtain information on registration and annual confirmation requirements via the SAM website at http://www.sam.gov. Contractor shall type company name, address, and CAGE code exactly as it appears in the DoD System for Award Management

(SAM) Database.

Company Name:

Company Address:

Telephone:

Cage code:

Point of Contact:

Email:

10. INVOICING AND PAYMENT: Invoicing and Payment will be made via Wide Area Work Flow. See

DFARS Clause 252.232-7006.

11. WAGE DETERMINATION: This requirement is subject to the Service Contract Act. The following wage determinations are applicable: 2015-5653, Rev 22, dated 12/23/2024.

12. MARK CONTRACT NUMBER ON ALL CORRESPONDENCE: Contractor must mark the contract or purchase order number on all paperwork and shipments. The order number must appear on the exterior of the shipment. Failure to follow these instructions will hold up payment to you and could result in the return of merchandise at your expense.

13. QUESTIONS: Questions regarding this solicitation shall be submitted by Email to the Acquisition

Specialist, Steven Lesh, via email at steven.lesh@dla.mil, Subject: SP330025Q0076 RFQ Question.

Questions must be received by 1:00 PM EST on April 23, 2025. Answers to questions will be posted to the

SAM.GOV website via an amendment to the solicitation.

14. The Government is not soliciting for the “same old way” of doing business. The Government encourages proposals that will achieve savings through innovative processes. Furthermore, DLA Distribution personnel are working to eliminate unnecessary requirements and negotiating for a reduction in supplies/material prices.

Therefore, your assistance is requested in reducing prices and improving our buying process.

15. ORGANIZATIONAL CONFLICT OF INTEREST: The contractor shall be ineligible from participation as a contractor, subcontractor, or consultant in any procurement arising or resulting from any of the services provided to DLA on this contract. This restriction includes providing services to any potential bidders on such procurements. The contractor shall not incorporate its product or services in any Performance Work Statement or specification unless directed to do so in writing by the Contracting Officer.

If the contractor, in the performance of this contract, obtains access to information such as plans, policies, reports, studies, financial data, internal data, or any other non-public information or information by the Privacy

Act, the contractor agrees not to release such information without prior written approval from the Contracting

Officer. The use of such information for personal gain is prohibited.

http://www.sam.gov/ mailto:steven.lesh@dla.mil

In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, or other confidential or privileged technical, business, or financial information under this contract, it shall treat such information in accordance with any restrictions imposed on such information.

SCHEDULE OF SUPPLIES/SERVICES

See Attachment 02 – Schedule of Supplies/Services

CLAUSES AND PROVISIONS

FAR 52.212-4 -- Contract Terms and Conditions – Commercial Products and Commercial Services

The clause at FAR 52.212-4 and the following addenda are applicable to this acquisition.

ADDENDA TO 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (NOV

2023) Alternate I (NOV 2021):

The following clauses are incorporated by reference:

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of whistleblower Rights

FAR 52.204-9 Personal Identity Verification of Contractor Personnel.

FAR 52.204-13 System for Award Management Maintenance

FAR 52.204-18 Commercial and Government Entity Code Maintenance

FAR 52.204-19 Incorporation by Reference of Representations and Certifications

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems

FAR 52.212-4 Contract Terms and Conditions – Commercial Items, Alternate I

FAR 52.228-5 Insurance – Work on a Government Installation

FAR 52.232-1 Payments

FAR 52.232-8 Discounts for Prompt Payment

FAR 52.232-23 Assignment of Claims

FAR 52.232-39 Unenforceability of Unauthorized Obligations

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

FAR 52.233-1 Disputes

FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation

FAR 52.242-13 Bankruptcy

FAR 52.243-3 Changes – Time and Materials or Labor Hours

FAR 52.247-34 F.o.b. Destination

DFARS 252.201-7000 Contracting Officer’s Representative

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

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials

DFARS 252.204-7003 Control of Government Personnel Work Product

DFARS 252.204-7009 Limitations on the Use or Disclosure of Third Party Contractor Reported Cyber

Incident Information

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

DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services.

DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements

DFARS 252.204-7022 Expediting Contract Closeout

DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders

DFARS 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the Government of a https://www.acquisition.gov/node/31790

Country That Is a State Sponsor of Terrorism

DFARS 252.223-7008 Prohibition of Hexavalent Chromium

DFARS 252.225-7002 Qualifying Country Sources as Subcontractors

DFARS 252.225-7012 Preference for Certain Domestic Commodities

DFARS 252.225-7048 Export Controlled Items

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

DFARS 252.232-7010 Levies on Contract Payments

DFARS 252.243-7001 Pricing of Contract Modifications

DFARS 252.243-7002 Requests for Equitable Adjustment

DFARS 252.244-7000 Subcontracts for Commercial Items

DFARS 252.247-7023 Transportation of Supplies by Sea

THE FOLLOWING CLAUSES ARE INCORPORATED BY FULL TEXT:

52.212-5 Contract Terms and Conditions Required to Implement Statutes Executive Orders –Commercial

Items (JAN 2025)

(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:

FAR 52.203-6 Restrictions on Subcontractor Sales to the Government with Alternate I (41 U.S.C.

4704 and 10 U.S.C. 2402)

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L.

109-282) (31 U.S.C. 6101 note).

FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (31 U.S.C. 6101 note).

FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (41

U.S.C. 2313).

FAR 52.219-8 Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)).

FAR 52.219-14 Limitations on Subcontracting (DEVIATION 2019-O0003)

FAR 52.219-28 Post Award Small Business Program Representation (15 U.S.C. 632(a)(2)).

FAR 52.222-19 Child Labor—Cooperation with Authorities and Remedies (E.O. 13126).

FAR (i) 52.222-35 Equal Opportunity for Veterans (38 U.S.C. 4212).

FAR (i) 52.222-36 Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).

FAR 52.222-37 Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (E.O.

13496).

FAR (i) 52.222-50 Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).

FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (E.O.

13513).

FAR 52.225-13 Restrictions on Certain Foreign Purchases (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the

Treasury).

FAR 52.232-33 Payment by Electronic Funds Transfer--System for Award Management (31 U.S.C.

3332).

FAR 52.232-36 Payment by Third Party (May 2014) (31 U.S.C. 3332).

FAR (i) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. Appx

1241(b) and 10 U.S.C. 2631).

FAR 52.222-41 Service Contract Labor Standards (41 U.S.C. chapter 67.).

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

FAR 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (Multiple Year and Option Contracts) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

FAR 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022)

THE FOLLOWING CLAUSES ARE INCORPORATED BY FULL TEXT:

FAR 52-217-8 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.

(End of clause)

FAR 52.217-9 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 thirty (30) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days 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

Five (5) years and six (6) months.

(End of Clause)

FAR 52.219-9 Small Business Subcontracting Plan (JAN 2025)

(a) This clause does not apply to small business concerns.

(b) Definitions. As used in this clause—

Alaska Native Corporation (ANC) means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska

Native Claims Settlement Act, as amended ( 43 U.S.C. 1601, et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C.

1626(e)(2).

Commercial plan means a subcontracting plan (including goals) that covers the offeror’s fiscal year and that applies to the entire production of commercial products and commercial services sold by either the entire company or a portion thereof (e.g., division, plant, or product line).

Commercial product means a product that satisfies the definition of “commercial product” in

Federal Acquisition Regulation (FAR) 2.101.

Commercial service means a service that satisfies the definition of “commercial service” in FAR 2.101.

Electronic Subcontracting Reporting System (eSRS) means the Governmentwide, electronic, web-based system for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov.

Indian tribe means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska

Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes

Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e).

Individual subcontracting plan means a subcontracting plan that covers the entire contract period

(including option periods), applies to a specific contract, and has goals that are based on the offeror's planned

FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1626(e)(1)&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1626(e)(2)&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1626(e)(2)&num=0&edition=prelim https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-2#FAR_2_101 http://www.esrs.gov/ http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1452(c)&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1452(e)&num=0&edition=prelim subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.

Master subcontracting plan means a subcontracting plan that contains all the required elements of an individual subcontracting plan, except goals, and may be incorporated into individual subcontracting plans, provided the master subcontracting plan has been approved.

Reduced payment means a payment that is for less than the amount agreed upon in a subcontract in accordance with its terms and conditions, for supplies and services for which the Government has paid the prime contractor.

Subcontract means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.

Total contract dollars means the final anticipated dollar value, including the dollar value of all options.

Untimely payment means a payment to a subcontractor that is more than 90 days past due under the terms and conditions of a subcontract for supplies and services for which the Government has paid the prime contractor.

(c) (1) The Offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. If the Offeror is submitting an individual subcontracting plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The subcontracting plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the Offeror ineligible for award of a contract.

(2) (i) Unless the Contractor has reason to question the representations, it may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract.

(ii) Unless the Contractor has reason to question the representations, it may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business in the System for Award Management (SAM) if—

(A) The subcontractor is registered in SAM; and

(B) The subcontractor represents that the size and socioeconomic status representations made in

SAM are current, accurate and complete as of the date of the offer for the subcontract.

(iii) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in connection with a subcontract.

(iv) In accordance with 13 CFR 121.411, 126.900, 127.700, and 128.600, a contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status.

(d) The Offeror’s subcontracting plan shall include the following:

(1) Separate goals, expressed in terms of total dollars subcontracted, and as a percentage of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. For individual subcontracting plans, and if required by the Contracting Officer, goals shall also be expressed in terms of percentage of total contract dollars, in addition to the goals expressed as a percentage of total subcontract dollars. The Offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 15 U.S.C. 657r(a), an Offeror that is a mentor with an SBA-approved mentor-protégé agreement (see 13 CFR 125.9) that provides a subcontract to its protégé may apply the costs incurred for training it provides to its protégé toward its subcontracting plan goals, provided that protégé is a covered territory business or that protégé has its principal office located in the Commonwealth of Puerto Rico. In accordance with 43 U.S.C.

1626—

(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business concerns, regardless of the size or Small Business

Administration certification status of the ANC or Indian tribe; and

(ii) Where one or more subcontractors are in the subcontract tier between the prime Contractor and the

ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate Contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals.

(A) In most cases, the appropriate Contractor is the Contractor that awarded the subcontract to the

ANC or Indian tribe.

(B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor. The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract.

(C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting

Officer, the prime Contractor, and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award.

(D) If the Contracting Officer does not receive a copy of the ANC’s or the Indian tribe’s written designation within 30 days of the subcontract award, the Contractor that awarded the subcontract to the ANC or Indian tribe will be considered the designated Contractor.

(2) A statement of–

(i) Total dollars planned to be subcontracted for an individual subcontracting plan; or the Offeror's total projected sales, expressed in dollars, and the total value of projected subcontracts, including all indirect costs except as described in paragraph (g) of this clause, to support the sales for a commercial plan;

(ii) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes);

(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns;

(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business;

(v) Total dollars planned to be subcontracted to HUBZone small business concerns;

(vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including

ANCs and Indian tribes); and https://www.govinfo.gov/link/uscode/15/657r https://www.ecfr.gov/current/title-13/section-125.9 https://www.govinfo.gov/link/uscode/43/1626 https://www.govinfo.gov/link/uscode/43/1626

(vii) Total dollars planned to be subcontracted to women-owned small business concerns.

(3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to-

(i) Small business concerns;

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns; and

(vi) Women-owned small business concerns.

(4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause.

(5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, SAM, veterans service organizations, the National Minority Purchasing Council Vendor

Information Service, the Research and Information Division of the Minority Business Development Agency in the

Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in SAM as an accurate representation of a concern's size and ownership characteristics for the purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business source list. Use of

SAM as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause.

(6) A statement as to whether or not the Offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with–

(i) Small business concerns (including ANC and Indian tribes);

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns (including ANC and Indian tribes); and

(vi) Women-owned small business concerns.

(7) The name of the individual employed by the Offeror who will administer the Offeror's subcontracting program, and a description of the duties of the individual.

(8) A description of the efforts the Offeror will make to assure that small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns have an equitable opportunity to compete for subcontracts.

(9) Assurances that the Offeror will include the clause of this contract entitled “Utilization of Small

Business Concerns” in all subcontracts that offer further subcontracting opportunities, and that the Offeror will require all subcontractors (except small business concerns, including entities that are treated as small business concerns by statute for certain purposes ( e.g., ANCs, see 13 CFR 125.3(b)(2))) that receive subcontracts in excess of the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of this clause.

(10) Assurances that the Offeror will–

(i) Cooperate in any studies or surveys as may be required;

(ii) Submit periodic reports so that the Government can determine the extent of compliance by the Contractor with the subcontracting plan;

(iii) After November 30, 2017, include subcontracting data for each order when reporting subcontracting achievements for indefinite-delivery, indefinite-quantity contracts with individual subcontracting plans where the contract is intended for use by multiple agencies;

(iv) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (l) of this clause using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov. The reports shall provide information on subcontract awards to small business concerns

(including ANCs and Indian tribes that are not small businesses), veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns (including ANCs and Indian tribes that have not been certified by the Small Business Administration as small disadvantaged businesses), women-owned small business concerns, and for NASA only, Historically Black

Colleges and Universities and Minority Institutions. Reporting shall be in accordance with this clause, or as provided in agency regulations;

(v) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using eSRS;

(vi) Provide its prime contract number, its unique entity identifier, and the e-mail address of the Offeror’s official responsible for acknowledging receipt of or rejecting the ISRs, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their ISRs; and

(vii) Require that each subcontractor with a subcontracting plan provide the prime contract number, its own unique entity identifier, and the e-mail address of the subcontractor’s official responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with subcontracting plans.

(11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offeror’s efforts to locate small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated):

(i) Source lists (e.g., SAM), guides, and other data that identify small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.

(ii) Organizations contacted in an attempt to locate sources that are small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business concerns.

(iii) Records on each subcontract solicitation resulting in an award of more than the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, indicating-

(A) Whether small business concerns were solicited and, if not, why not;

https://www.ecfr.gov/current/title-13/section-125.3#p-125.3(b)(2) https://www.acquisition.gov/far/part-19#FAR_19_702 http://www.esrs.gov/ https://www.acquisition.gov/far/part-2#FAR_2_101

(B) Whether veteran-owned small business concerns were solicited and, if not, why not;

(C) Whether service-disabled veteran-owned small business concerns were solicited and, if not, why not;

(D) Whether HUBZone small business concerns were solicited and, if not, why not;

(E) Whether small disadvantaged business concerns were solicited and, if not, why not;

(F) Whether women-owned small business concerns were solicited and, if not, why not; and

(G) If applicable, the reason award was not made to a small business concern.

(iv) Records of any outreach efforts to contact-

(A) Trade associations;

(B) Business development organizations;

(C) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, service-disabled veteran-owned, and women-owned small business sources; and

(D) Veterans service organizations.

(v) Records of internal guidance and encouragement provided to buyers through-

(A) Workshops, seminars, training, etc.; and

(B) Monitoring performance to evaluate compliance with the program’s requirements.

(vi) On a contract-by-contract basis, records to support award data submitted by the offeror to the

Government, including the name, address, and business size of each subcontractor. Contractors having commercial plans need not comply with this requirement.

(12) Assurances that the Offeror will make a good faith effort to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work from the small business concerns that it used in preparing the bid or proposal, in the same or greater scope, amount, and quality used in preparing and submitting the bid or proposal. Responding to a request for a quote does not constitute use in preparing a bid or proposal.

The Offeror used a small business concern in preparing the bid or proposal if–

(i) The Offeror identifies the small business concern as a subcontractor in the bid or proposal or associated small business subcontracting plan, to furnish certain supplies or perform a portion of the subcontract; or

(ii) The Offeror used the small business concern's pricing or cost information or technical expertise in preparing the bid or proposal, where there is written evidence of an intent or understanding that the small business concern will be awarded a subcontract for the related work if the Offeror is awarded the contract.

(13) Assurances that the Contractor will provide the Contracting Officer with a written explanation if the

Contractor fails to acquire articles, equipment, supplies, services or materials or obtain the performance of construction work as described in (d)(12) of this clause. This written explanation must be submitted to the Contracting Officer within 30 days of contract completion.

(14) Assurances that the Contractor will not prohibit a subcontractor from discussing with the Contracting

Officer any material matter pertaining to payment to or utilization of a subcontractor.

(15) Assurances that the Contractor will pay its small business subcontractors on time and in accordance with the terms and conditions of the underlying subcontract, and notify the contracting officer when the prime contractor makes either a reduced or an untimely payment to a small business subcontractor (see 52.242-5).

(e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the

Contractor shall perform the following functions:

(1) Assist small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor’s lists of potential small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time.

(2) Provide adequate and timely consideration of the potentialities of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in all "make-or-buy" decisions.

(3) Counsel and discuss subcontracting opportunities with representatives of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business firms.

(4) Confirm that a subcontractor representing itself as a HUBZone small business concern is certified by

SBA as a HUBZone small business concern by accessing SAM or by accessing the Dynamic Small Business Search

(DSBS) at https://web.sba.gov/pro-net/search/dsp_dsbs.cfm.

(5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran-owned small business, HUBZone small, small disadvantaged, or women-owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the

Contractor’s subcontracting plan.

(6) For all competitive subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, in which a small business concern received a small business preference, upon determination of the successful subcontract offeror, prior to award of the subcontract the Contractor must inform each unsuccessful small business subcontract offeror in writing of the name and location of the apparent successful offeror and if the successful subcontract offeror is a small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business concern.

(7) Assign each subcontract the NAICS code and corresponding size standard that best describes the principal purpose of the subcontract.

(f) A master subcontracting plan on a plant or division-wide basis that contains all the elements required by paragraph (d) of this clause, except goals, may be incorporated by reference as a part of the subcontracting plan required of the Offeror by this clause; provided-

(1) The master subcontracting plan has been approved;

(2) The Offeror ensures that the master subcontracting plan is updated as necessary and provides copies of the approved master subcontracting plan, including evidence of its approval, to the Contracting Officer; and

(3) Goals and any deviations from the master subcontracting plan deemed necessary by the Contracting

Officer to satisfy the requirements of this contract are set forth in the individual subcontracting plan.

https://www.acquisition.gov/far/part-52#FAR_52_242_5 https://web.sba.gov/pro-net/search/dsp_dsbs.cfm https://www.acquisition.gov/far/part-2#FAR_2_101

(g) A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial products and commercial services. The commercial plan shall relate to the offeror’s planned subcontracting generally, for both commercial and Government business, rather than solely to the Government contract. Once the

Contractor’s commercial plan has been approved, the Government will not require another subcontracting plan from the same Contractor while the plan remains in effect, as long as the product or service being provided by the

Contractor continues to meet the definition of a commercial product or commercial service. A Contractor with a commercial plan shall comply with the reporting requirements stated in paragraph (d)(10) of this clause by submitting one SSR in eSRS for all contracts covered by its commercial plan. A Contractor authorized to use a commercial subcontracting plan shall include in its subcontracting goals and in its SSR all indirect costs, with the exception of those such as the following: Employee salaries and benefits; payments for petty cash; depreciation;

interest; income taxes; property taxes; lease payments; bank fees; fines, claims, and dues; original equipment manufacturer relationships during warranty periods (negotiated up front with the product); utilities and other services purchased from a municipality or an entity solely authorized by the municipality to provide those services in a particular geographical region; and philanthropic contributions. This report shall be acknowledged or rejected in eSRS by the Contracting Officer who approved the plan. This report shall be submitted within 30 days after the end of the Government’s fiscal year.

(h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract.

(i) A contract may have no more than one subcontracting plan. When a contract modification exceeds the subcontracting plan threshold in FAR 19.702(a), or an option is exercised, the goals of the existing subcontracting plan shall be amended to reflect any new subcontracting opportunities. When the goals in a subcontracting plan are amended, these goal changes do not apply retroactively.

(j) Subcontracting plans are not required from subcontractors when the prime contract contains the clause at

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial

Products and Commercial Services, or when the subcontractor provides a commercial product or commercial service subject to the clause at FAR 52.244-6, Subcontracts for Commercial Products and Commercial Services, under a prime contract.

(k) The failure of the Contractor or subcontractor to comply in good faith with (1) the clause of this contract entitled "Utilization Of Small Business Concerns;" or (2) an approved plan required by this clause, shall be a material breach of the contract and may be considered in any past performance evaluation of the Contractor.

(l) The Contractor shall submit ISRs and SSRs using the web-based eSRS at http://www.esrs.gov. Purchases from a corporation, company, or subdivision that is an affiliate of the Contractor or subcontractor are not included in these reports. Subcontract awards by affiliates shall be treated as subcontract awards by the

Contractor. Subcontract award data reported by the Contractor and subcontractors shall be limited to awards made to their immediate next-tier subcontractors. Credit cannot be taken for awards made to lower tier subcontractors, unless the Contractor or subcontractor has been designated to receive a small business or small disadvantaged business credit from an ANC or Indian tribe. Only subcontracts involving performance in the United States or its outlying areas should be included in these reports with the exception of subcontracts under a contract awarded by the State

Department or any other agency that has statutory or regulatory authority to require subcontracting plans for subcontracts performed outside the United States and its outlying areas.

(1) ISR. This report is not required for commercial plans. The report is required for each contract containing an individual subcontracting plan.

(i) The report shall be submitted semi-annually during contract performance for the periods ending

March 31 and September 30. A report is also required for each contract within 30 days of contract completion.

Reports are due 30 days after the close of each reporting period, unless otherwise directed by the Contracting

Officer. Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or the previous reporting period. When the Contracting Officer rejects an ISR, the

Contractor shall submit a corrected report within 30 days of receiving the notice of ISR rejection.

https://www.acquisition.gov/far/part-19#FAR_19_702 https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.acquisition.gov/far/part-52#FAR_52_244_6 http://www.esrs.gov/

(ii) (A) When a subcontracting plan contains separate goals for the basic contract and each option, as prescribed by FAR 19.704(c), the dollar goal inserted on this report shall be the sum of the base period through the current option; for example, for a report submitted after the second option is exercised, the dollar goal would be the sum of the goals for the basic contract, the first option, and the second option.

(B) If a subcontracting plan has been added to the contract pursuant to 19.702 a)(1)(iii) or 19.301-

2(e), the Contractor's achievements must be reported in the ISR on a cumulative basis from the date of incorporation of the subcontracting plan into the contract.

(iii) When a subcontracting plan includes indirect costs in the goals, these costs must be included in this report.

(iv) The authority to acknowledge receipt or reject the ISR resides–

(A) In the case of the prime Contractor, with the Contracting Officer; and

(B) In the case of a subcontract with a subcontracting plan, with the entity that awarded the subcontract.

(2) SSR.

(i) Reports submitted under individual contract plans–

(A) This report encompasses all subcontracting under prime contracts and subcontracts with an executive agency, regardless of the dollar value of the subcontracts. This report also includes indirect costs on a prorated basis when the indirect costs are excluded from the subcontracting goals.

(B) The report may be submitted on a corporate, company or subdivision (e.g. plant or division operating as a separate profit center) basis, unless otherwise directed by the agency.

(C) If the Contractor or a subcontractor is performing work for more than one executive agency, a separate report shall be submitted to each executive agency covering only that agency's contracts, provided at least one of that agency's contracts is over the applicable threshold specified in FAR 19.702(a), and the contractand contains a subcontracting plan. For DoD, a consolidated report shall be submitted for all contracts awarded by military departments/agencies and/or subcontracts awarded by DoD prime contractors.

(D) The report shall be submitted annually by October 30 for the twelve month period ending

September 30. When a Contracting Officer rejects an SSR, the Contractor shall submit a revised report within 30 days of receiving the notice of SSR rejection.

(E) Subcontract awards that are related to work for more than one executive agency shall be appropriately allocated.

(F) The authority to acknowledge or reject SSRs in eSRS, including SSRs submitted by subcontractors with subcontracting plans, resides with the Government agency awarding the prime contracts unless stated otherwise in the contract.

(ii) Reports submitted under a commercial plan-

(A) The report shall include all subcontract awards under the commercial plan in effect during the

Government's fiscal year and all indirect costs.

(B) The report shall be submitted annually, within thirty days after the end of the Government's fiscal year.

https://www.acquisition.gov/far/part-19#FAR_19_704 https://www.acquisition.gov/far/part-19#FAR_19_702 https://www.acquisition.gov/far/part-19#FAR_19_301_2 https://www.acquisition.gov/far/part-19#FAR_19_301_2 https://www.acquisition.gov/far/part-19#FAR_19_702

(C) If a Contractor has a commercial plan and is performing work for more than one executive agency, the Contractor shall specify the percentage of dollars attributable to each agency.

(D) The authority to acknowledge or reject SSRs for commercial plans resides with the Contracting Officer who approved the commercial plan.

DFARS 252.232-7006 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.

Invoice ____________________________________________________________

(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.

2-in-1…