Draft-RFP_W900KK-25-R-0001_LTRaC-MAC1_31Oct2024.pdf

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Attached to
Live Training, Ranges, and Combat Training Centers (LTRaC) Multiple Award Contract (MAC) 1
Solicitation number
W900KK-25-R-0001
Issued by

About this file

This document is a pre-solicitation notice for a Draft Request for Proposal (RFP) for the Live Training Ranges and Combat Training Centers (LTRaC) Multiple Award Contract (MAC) 1, solicitation number W900KK-25-R-0001.

The LTRaC MAC 1 will provide target lifters (Stationary Infantry Targets, Moving Infantry Targets, Stationary Armored Targets, Moving Armored Targets) and range control computers for live-fire training areas worldwide, including portable ranges, home station ranges, and Combat Training Centers. The scope includes approximately 30-40 range efforts per year, with an estimated total contract value of $359,827,053 over the 8-year ordering period (5-year base and 3-year option). Pricing will be negotiated at the order level and may include Firm Fixed Price, Cost Reimbursement, or Time and Materials contract types. This is a Small Business Set-Aside contract. The government is seeking industry feedback on the draft RFP and requirements by November 18, 2024.

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File Type Posted
LTRaC-MAC1_Draft-RFP-Industry-Questions-Govt-Answers_Jan2025.xlsx XLSX spreadsheet
Appendix K - Performance Specifications_17Sep2024.docx DOCX document
Appendix K - Performance Specifications_17Sep2024.docx DOCX document
Appendix B - Example Iron Maiden Target.pdf PDF
RFP_LTRaC-MAC1_SectionJ-Attach-4_DRAFT-RFP-Questions-Comments-Form.xlsx XLSX spreadsheet
Appendix L - TRACR II Software Installation Guide.docx DOCX document
Appendix G - Government Test Checklist.xlsx XLSX spreadsheet
Appendix E - DO_3_Rilea-ARF_JBLM-MRF_Yakima-MPTR.xlsx XLSX spreadsheet
Appendix C - Anticipated FY25 and FY26 Delivery Orders_as-of-23Sep2024.pdf PDF
Appendix K - Performance Specifications_17Sep2024.docx DOCX document
Appendix A - Example of Target Silhouettes_30May2024.pdf PDF
RFP_LTRaC-MAC1_SectionJ-Attach-2_CDRLs_Draft_RFP.pdf PDF
Appendix J - FASIT II ICD_4Mar2024.pdf PDF
RFP_LTRaC-MAC1_SectionJ-Attach-1_SOW_29Oct2024.docx DOCX document
Appendix D - DO_2_Blanding-ARF_Liberty-MPMG.xlsx XLSX spreadsheet
Appendix F - LT2 Distribution Agreement.pdf PDF
Appendix I - PRF-PT-00468_FASIT_v5_9f_15Jan2008.pdf PDF
RFP_LTRaC-MAC1_SectionJ-Attach-6_Preaward Survey of Prospective Contractor Accounting System Checklist.pdf PDF
RFP_LTRaC-MAC1_SectionJ-Attach-3_ Annex-to-Exhibit-A_LPD_23Sep2024.docx DOCX document
RFP_LTRaC-MAC1_SectionJ-Attach-5_Contractor Performance Assessment Questionnaire.docx DOCX document
Appendix H - HW_RF_WiFi Ranges_Baseline_Test_Procedure_draft.docx DOCX document
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CODE

(Hour)

PAGE(S)

until local time

X

A X B X C

D

EX

X G F 52 - 81

82 - 91 H 92 - 95 helen.g.simpson2.civ@army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

DO-C9 1 95

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

HELEN SIMPSON (407) 208-3231

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 8

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

9 - 11 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 14 - 15 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

16 - 49

PART II - CONTRACT CLAUSES

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

50 - 51

6. REQUISITION/PURCHASE NO.5. DATE ISSUED4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W900KK25R0001

Section A - Solicitation/Contract Form

A.1. Effort: Live Training Ranges and Combat Training Centers (CTCs) (LTRaC) Multiple Award Contracts

(MAC)

A.1.1. LTRaC MAC 1 Structure - Target Lifters, Initial Targets & Ancillary Range Control Computers.

Small Business Set Aside (SBSA) MAC 1 will provide target lifters (Stationary Infantry Targets (SITs), Moving Infantry Targets (MITs), Stationary Armored Targets (SATs), Moving Armored Targets (MATs)) and a range control computer on new and existing ranges. The scope of this MAC may include 30 to 40 range efforts per year.

Depending on the types of ranges planned for work in any given year, the number of target lifters will be in the thousands. It is estimated that this MAC funding will be approximately $45M per year, as the Army will refresh approximately five percent of its 600 ranges every year through the life of the program. The target lifters will be required to be compliant with the new Government-provided design documents and drawings.

A.2. Total Estimated Not-to-Exceed Ceiling Amount for all contracts awarded under the LTRaC MAC 1 is $359,827,053. Over the life of the contract, the cumulative total of all Orders awarded will not exceed the ceiling amount without prior written approval of the Contracting Officer.

A.3. The contracts awarded from this solicitation will be Indefinite Delivery Indefinite Quantity (IDIQ) type contracts with a total eight-years ordering period, consisting of a five-years base and a three-years option period.

The Terms, Conditions, and Requirements herein apply to each contract separately, unless otherwise stated. All pricing will be negotiated and identified at the ordering level.

A.4. The guaranteed minimum amount for each IDIQ contract is $1,000 and is applicable at the time of initial award. To meet the guaranteed minimum at the time of each IDIQ contract award, the Government will issue an Order to each selected awardee. This initial Order will require the Offeror to support a post award conference. This level of effort Order shall not exceed $1,000. With the award of each of these level of effort Orders, the Government will satisfy its guaranteed minimum for each Contractor.

A.5. The Contract Line Item Number (CLIN) structure shall be established in Section B of each IDIQ contract and individual Orders issued. The LTRaC MAC 1 will allow for Firm Fixed Price (FFP) types of orders, Cost Reimbursement (CR) types of orders (Cost, Cost-Plus-Fixed-Fee, Time and Material, etc.), or a combination of FFP and CR CLINs. Each CLIN contract type will be approved in accordance with agency procedures.

A.5.1. The adequacy of a Contractor’s Accounting System must be determined by the Contracting Officer prior to the award of any Cost type Order in accordance with FAR 16.301-3 and DFARS 242.75.

A.5.2. The use of Time and Material contract types must be justified and approved by the Contracting Officer prior to the issuance of an individual Order Request for Proposal.

A.6. All CLIN unit quantities and pricing information provided in the resulting IDIQ contract are for administrative purposes only and may be adjusted throughout the life of the LTRaC MAC 1 unilaterally by the Contracting Officer.

Actual Orders CLIN pricing will be established at the time of each Order award and will be reflected in each individual Order. Each Order requirements will be solicited based on the needs of the Government during the ordering period.

Section B - Supplies or Services and Prices

B.1. The minimum quantity and contract value for all Orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all Orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$1,000.00

$359,827,053.00

B.2. All CLIN unit quantities and pricing information provided in this solicitation and the resulting IDIQ contract are for administrative purposes only and may be adjusted throughout the life of the LTRaC MAC 1 unilaterally by the Contracting Officer. Actual Orders CLIN pricing will be established at the time of each Order award and will be reflected in each individual Order. Each Order requirements will be solicited based on the needs of the Government during the ordering period.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

LTRaC MAC 1 – Base Ordering Period

FFP

Target Lifters, Initial Targets & Ancillary Range Control Computers.

Based on the immediate needs of the Government during the base ordering period, Orders will be issued for the Contractor to provide Target Lifters (Stationary Infantry Targets (SITs), Moving Infantry Targets (MITs), Stationary Armored Targets (SATs), Moving Armored Targets (MATs)), and a range control computer on new and existing ranges. The target lifters will be required to be compliant with the new Government-provided design documents and drawings.

Orders will specify their respective periods of performance. The Orders may include CLINs for Travel, CDRLs, Government Furnished Equipment (GFE), and Contractor Acquired Property (CAP), as required.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PSC CD: 6910

NET AMT

LTRaC MAC 1 – Base Ordering Period

CPFF

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

LTRaC MAC 1 – Base Ordering Period

COST

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

LTRaC MAC 1 – Base Ordering Period

T&M NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

TOT ESTIMATED PRICE

CEILING PRICE

LTRaC MAC 1 – Option Period 1

FFP

Target Lifters, Initial Targets & Ancillary Range Control Computers.

Based on the immediate needs of the Government during the LTRaC MAC 1 - Option 1 ordering period, Orders will be issued for the Contractor to provide Target Lifters (Stationary Infantry Targets (SITs), Moving Infantry Targets (MITs), Stationary Armored Targets (SATs), Moving Armored Targets (MATs)), and a range control computer on new and existing ranges. The target lifters will be required to be compliant with the new Government-provided design documents and drawings.

If exercised by the Government, the LTRaC MAC 1 - Option 1 ordering period shall be for 36 months after the base ordering period. Individual Orders will specify their respective periods of performance. The Orders may include CLINs for Travel, CDRLs, Government Furnished Equipment (GFE), and Contractor Acquired Property (CAP), as required.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

NET AMT

LTRaC MAC 1 – Option Period 1

CPFF

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FIXED FEE

TOTAL EST COST + FEE

LTRaC MAC 1 – Option Period 1

COST

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

LTRaC MAC 1 – Option Period 1

T&M NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

TOT ESTIMATED PRICE

CEILING PRICE

Section C - Descriptions and Specifications

C.1. STATEMENT OF WORK.

The Statement of Work (SOW) for the Live Training Ranges and Combat Training Centers (CTCs) (LTRaC) Multiple Award Contract (MAC) 1 is incorporated by reference in Section J as Attachment 1 with the same force and effect as if set forth in full text.

C.1.1. INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION.

Inspection and acceptance of technical data and information will be performed by an authorized requiring activity representative. Inspection of technical data and information will be performed by ensuring successful completion of the requirements set forth in the DD Form 1423, Contract Data Requirements List (CDRL) and incorporation/resolution of Government review comments on the data items. Acceptance will be performed by the requiring activity representative and evidenced via execution of an electronic Receiving Report submitted by the contractor in the Wide Area Work Flow (WAWF) application within the Procurement Integrated Enterprise Environment (PIEE) e-Business suite.

C.1.2 TECHNICAL DATA AND INFORMATION.

Technical Data and Information shall be delivered in accordance with the requirements of the Contract Data Requirements List, DD Form 1423, Exhibit [Will be identified on each applicable Order] and the following:

(a) The contractor shall concurrently deliver technical data and information per DD Form 1423, Blocks 12 and 13 (date of first/subsequent submission) to all activities listed in Block 14 of the DD Form 1423 (distribution and addresses) for each item. Complete addresses for the abbreviations in Block 14 are shown in paragraph (g) below.

Additionally, the technical data shall be delivered to the following cognizant codes, which are listed in Block 6 of the DD Form 1423.

(1) PCO, Code [Will be identified on each applicable Order].

(2) ACO, Code [Will be identified on each applicable Order].

(b) Partial delivery of data is not acceptable unless specifically authorized on the DD Form 1423, or unless approved in writing by the PCO.

(c) The Government review period provided on the DD Form 1423 for each item commences upon receipt of all required data by the technical activity designated in Block 6.

(d) A copy of all other correspondence addressed to the Contracting Officer relating to data item requirements (i.e., status of delivery) shall also be provided to the codes reflected above and the technical activity responsible for the data item per Block 6, if not one of the activities listed above.

(e) The PCO reserves the right to issue unilateral modifications to change the destination codes and addresses for all technical data and information at no additional cost to the Government.

(f) Unless otherwise specified in writing, rejected data items shall be resubmitted within thirty (30) days after receipt of notice of rejection.

(g) DD Form 1423, Block 14 Mailing Addresses: [Will be identified on each applicable Order].

C.1.3. AVAILABILITY OF DATA ITEM DESCRIPTIONS (DIDs).

All unclassified Data Item Descriptions (DIDs) are available online via the Acquisition Streamlining and Standardization Information System located at https://assist.dla.mil.

C.2. AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER.

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the “Changes” Clause of this contract.

(b) The contractor shall not comply with any order, direction, or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is: [Will be identified on each applicable Order].

C.3. ROLLING ADMISSIONS.

C.3.1. The Government will conduct additional market research periodically after the award of the LTRaC MAC 1 to determine if the vendor pool is adequate to maximize practicable competition and provide adequate opportunities for business.

C.3.2. It is in the Government’s best interest that there remain an adequate number of Contractors eligible to compete for the LTRaC MAC 1 Orders to meet the Government’s requirements. Immediately following any loss of LTRaC MAC 1 members, the Contracting Officer, in consultation with the Office of Small Business Programs, will determine whether or not, and to what extent, to execute an open season rolling admission to ensure fair opportunity is maintained. Considerations will include maintaining competitions, time remaining in the ordering period, and work forecasted for the LTRaC MAC 1.

C.3.3. The Government will also determine whether it would be in the Government’s best interest to increase the number of Contractors eligible to compete for LTRaC MAC 1 Orders to meet the Government’s requirements.

C.3.4. The Government may initiate an open season to add additional Contractors to the LTRaC MAC 1 at any time, subject to the following conditions.

C.3.4.1. An open season notice is published at SAM.gov in accordance with FAR Part 5, Publicizing Contract Action;

C. 3.4.2. An open season solicitation is issued under current Federal procurement law;

C. 3.4.3. The solicitation identifies the total anticipated number of new contracts that ACC-ORL intends to award;

C. 3.4.4. Any Offeror that meets the eligibility requirements set forth in the open season solicitation may submit a proposal in response to the solicitation;

C.3.4.5. The award decision under the open season solicitation is based upon substantially the same evaluation Factors/Subfactors as the original LTRaC MAC 1 solicitation;

C.3.4.6. An Offeror’s proposal must meet all the evaluation criteria of the original LTRaC MAC 1 solicitation;

C.3.4.7. The terms and conditions of any resulting awards are materially identical to the existing version of the LTRAC MAC 1 Pool; and, C.3.4.8. The ordering period(s) described for any new awards shall coincide with the existing terms for all other Contractors, including option provisions, and shall end no later than eight-years from the LTRAC MAC 1 award date.

C.3.5. Immediately upon admission, a Contractor is eligible to submit a proposal in response to any Order solicitation and receive Orders with the same rights and obligations as any other Contractor.

C.4. ORDERS ISSUED AGAINST MULTIPLE AWARD CONTRACTS.

The Contracting Officer preserves its right to apply FAR 19.504 regarding Orders under multiple award contracts.

Based on market research, the Contracting Officer, in consultation with the Office of Small Business Programs, may consider any alternative set-aside requirements provided in the small business program, on an order-by-order basis.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 Applicable CLINs:

0001, 1001 52.246-3 Inspection Of Supplies Cost-Reimbursement MAY 2001 Applicable CLINs:

0002, 0003, 1002, 52.246-6 Inspection--Time-And-Material And Labor-Hour MAY 2001 Applicable CLINs:

0004, 1004

52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility For Supplies APR 1984

Section F - Deliveries or Performance

F.1. ORDERING PERIOD.

This Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Contract (MAC) contract includes a total potential ordering period of up to eight-years. The period of performance/ordering period for this contract shall be as follows:

F.1.1. LTRaC MAC 1 BASE ORDERING PERIOD.

The base ordering period shall be from the IDIQ contract award date through 60 months. Individual Orders will specify their respective periods of performance.

F.1.2. LTRaC MAC 1 OPTION 1 ORDERING PERIOD.

If exercised by the Government, the Option 1 ordering period shall be for 36 months after the base ordering period.

Individual Orders will specify their respective periods of performance.

F.2. DELIVERY.

Unless specified otherwise by individual Orders, all items shall be delivered by the Contractor, F.O.B. Destination, all transportation charges prepaid, to the destinations specified and within the time periods specified in individual Orders. The term "delivery" means the successful completion of all requirements set forth in the contract, to include manufacturing/installation, inspection and acceptance, as specified. Delivery is considered complete upon execution of an unconditional DD Form 250, Material Inspection and Receiving Report, for items requiring submission of a DD Form 250 through the Wide Area Work Flow (WAWF) system, and/or upon receipt of a second endorsement acceptance by the Procuring Contracting Officer (PCO), or PCO designated representative [e.g., Contract Specialist (CS), Contracting Officer Representative (COR), Alternate Contracting Officer Representative (ACOR)].

52.242-15 Stop-Work Order AUG 1989 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.247-34 F.O.B. Destination JAN 1991 52.247-55 F.O.B. Point For Delivery Of Government-Furnished

Property

JUN 2003

Section G - Contract Administration Data

G.1. As indicated in DFARS PGI 204.7108, Payment Instructions, the Contracting Officer will insert a link to the table at https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions , in Section G of all the Orders that are incrementally funded or funded by multiple accounting classification reference number citations.

CLAUSES INCORPORATED BY FULL TEXT

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.

The applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable will be identified on each individual Order.

(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.

Each individual Order will identify 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.

Each individual Order will identify the applicable ‘Routing Data Table’ with DoDAAC information.

(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.

Each individual Order will identify the applicable WAWF POCs information.

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

(End of clause)

Section I - Contract Clauses

52.201-1 Acquisition 360: Voluntary Survey SEP 2023 52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-15 Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009

JUN 2010

52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-2 Security Requirements MAR 2021 52.204-3 Taxpayer Identification OCT 1998 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

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

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.204-30 Federal Acquisition Supply Chain Security Act Orders--

Prohibition.

DEC 2023

52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014 52.209-3 First Article Approval--Contractor Testing SEP 1989 52.209-3 Alt I First Article Approval--Contractor Testing (Sep 1989) -

Alternate I

JAN 1997

52.209-3 Alt II First Article Approval--Contractor Testing (Sep 1989) - Alternate II

SEP 1989

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research NOV 2021 52.211-2 Availability of Defense Specifications, Standards, and Data

Item Descriptions in the Acquisition Streamlining and Standardization Information System (ASSIST) Website

SEP 2023

52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards, and Commercial Item Descriptions

JUN 1988

52.211-5 Material Requirements AUG 2000 52.211-15 Defense Priority And Allocation Requirements APR 2008 52.215-1 Instructions to Offerors--Competitive Acquisition NOV 2021 52.215-1 Alt I Instructions to Offerors--Competitive Acquisition (NOV

2021) - Alternate I

OCT 1997

52.215-1 Alt II Instructions to Offerors--Competitive Acquisition (NOV 2021) - Alternate II

OCT 1997

52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

JUN 2020

52.215-12 Subcontractor Certified Cost or Pricing Data JUN 2020 52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications JUN 2020 52.215-14 Integrity of Unit Prices NOV 2021 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-16 Facilities Capital Cost of Money JUN 2003 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997 52.216-8 Fixed Fee JUN 2011 Applicable CLINs:

0002, 1002 52.216-11 Cost Contract--No Fee APR 1984 Applicable CLINs:

0003, 1003 52.216-29 Time-and-Materials/Labor-Hour Proposal Requirements--

Other Than Commercial Acquisition With Adequate Price Competition

NOV 2021 Applicable CLINs:

0004, 1004

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns FEB 2024 52.219-13 Notice of Set-Aside of Orders MAR 2020 52.219-31 Notice of Small Business Reserve MAR 2020 52.219-32 Orders Issued Directly Under Small Business Reserves MAR 2020 52.219-33 Nonmanufacturer Rule SEP 2021 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2024 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

MAY 2024

52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-16 Acquisition of EPEAT (R) - Registered Personal Computer

Products

OCT 2015

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.226-7 Drug-Free Workplace MAY 2024 52.226-8 Encouraging Contractor Policies To Ban Text Messaging

While Driving

MAY 2024

52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.227-14 Rights in Data--General MAY 2014 52.229-1 State and Local Taxes APR 1984 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-20 Limitation Of Cost APR 1984 Applicable CLINs:

0002, 0003, 1002, 52.232-22 Limitation Of Funds APR 1984 Applicable CLINs:

0002, 0003, 1002, 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-32 Performance-Based Payments APR 2012 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-1 Notice of Intent to Disallow Costs APR 1984 Applicable CLINs:

0002, 0003, 1002, 52.242-3 Penalties for Unallowable Costs DEC 2022 52.242-4 Certification of Final Indirect Costs JAN 1997 Applicable CLINs:

0002, 0003, 1002, 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.242-17 Government Delay Of Work APR 1984 52.243-1 Changes--Fixed Price AUG 1987 Applicable CLINs:

0001, 1001

52.243-2 Changes--Cost-Reimbursement AUG 1987 Applicable CLINs:

0002, 0003, 1002, 52.243-3 Changes--Time-And-Material Or Labor-Hours SEP 2000 Applicable CLINs:

0004, 1004

52.244-5 Competition In Subcontracting AUG 2024 52.244-6 Subcontracts for Commercial Products and Commercial

Services

FEB 2024

52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 52.246-26 Reporting Nonconforming Items. AUG 2024 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-6 Termination (Cost Reimbursement) MAY 2004 52.249-10 Default (Fixed-Price Construction) APR 1984 52.249-14 Excusable Delays APR 1984 52.251-1 Government Supply Sources APR 2012 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

JAN 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7004 Display of Hotline Posters JAN 2023 252.204-7000 Disclosure Of Information OCT 2016 252.204-7002 Payment For Contract Line or Subline Items Not Separately

Priced

APR 2020

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7006 Billing Instructions--Cost Vouchers MAY 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

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

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

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

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7022 Expediting Contract Closeout MAY 2021 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders OCT 2024 252.205-7000 Provision Of Information To Cooperative Agreement Holders OCT 2024 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010

252.215-7016 Notification to Offerors--Postaward Debriefings DEC 2022 252.216-7002 Alt A Alternate A, Time-and-Materials/Labor-Hour Proposal

Requirements--Other Than Commercial Acquisition With Adequate Price Competition

JAN 2023 Applicable CLINs:

0004, 1004

252.216-7009 Allowability of Legal Costs Incurred in Connection With a Whistleblower Proceeding

DEC 2022

252.216-7010 Postaward Debriefings for Task Orders and Delivery Orders DEC 2022 252.219-7000 Advancing Small Business Growth JUN 2023 252.223-7004 Drug Free Work Force SEP 1988 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7013 Duty-Free Entry--Basic NOV 2023 252.225-7013 (Dev) Duty-Free Entry (DEVIATION 2020-O0019) NOV 2023 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings JAN 2023 252.225-7017 Photovoltaic Devices MAR 2024 252.225-7018 Photovoltaic Devices--Certificate MAR 2024 252.225-7021 Trade Agreements--Basic FEB 2024 252.225-7036 Buy American--Free Trade Agreements--Balance of

Payments Program--Basic

FEB 2024

252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States

JUN 2015

252.225-7048 Export-Controlled Items JUN 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

MAY 2024

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

252.227-7013 Rights in Technical Data--Other Than Commercial Products and Commercial Services

MAR 2023

252.227-7014 Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation

MAR 2023

252.227-7015 Technical Data--Commercial Products and Commercial Services

MAR 2023

252.227-7016 Rights in Bid or Proposal Information JAN 2023 252.227-7023 Drawings and Other Data to become Property of Government MAR 1979 252.227-7025 Limitations on the Use or Disclosure of Government-

Furnished Information Marked with Restrictive Legends

JAN 2023

252.227-7026 Deferred Delivery Of Technical Data Or Computer Software APR 1988 252.227-7028 Technical Data or Computer Software Previously Delivered to the Government

JUN 1995

252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data JAN 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7004 DOD Progress Payment Rates OCT 2014 252.232-7007 Limitation Of Government's Obligation APR 2014 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7016 Notice of Progress Payments or Performance-Based Payments APR 2020 252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.239-7017 Notice of Supply Chain Risk DEC 2022 252.242-7005 Contractor Business Systems FEB 2012 252.242-7006 Accounting System Administration FEB 2012 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.244-7001 Contractor Purchasing System Administration MAY 2014 252.245-7002 (Dev) Reporting Loss of Government Property (DEVIATION 2020-

O0004)

JAN 2021

252.245-7003 Contractor Property Management System Administration APR 2012 252.246-7007 Contractor Counterfeit Electronic Part Detection and

Avoidance System

JAN 2023

252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea OCT 2024

CLAUSES INCORPORATED BY FULL TEXT

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

(End of provision)

52.216-18 ORDERING. (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of Delivery Orders or Task Orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of contract award throug the total eight-years ordering period, consisting of a five-years base and a three-years option period.

(b) All Delivery Orders or Task Orders are subject to the terms and conditions of this contract. In the event of conflict between a Delivery Order or Task Order and this contract, the contract shall control.

(c) A Delivery Order or Task Order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the Delivery Order or Task Orde to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the Delivery Order or Task Order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor -

(1) Any order for a single item in excess of $50,000,000;

(2) Any order for a combination of items in excess of $100,000,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 24 months from the expiration date of the contract.

52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEPT 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following Task Order and Delivery Order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all Task Order and Delivery Order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of Orders, consistent with the procedures in the contract.

Lesley A. Sullivan Procurement Support Branch Chief, CCOR-CSD-P U.S. Army Contracting Command-Orlando 12211 Science Drive, Orlando, FL 32826 Office: 407-384-5432 Email: Lesley.A.Sullivan8.civ@army.mil

(b) Consulting the Ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within [to be determined at the applicable Task/Delivery Order level] . Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

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 1 day before the contract expiration date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 96 months.

52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

(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 subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are--

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are--

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); 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) Limitations on subcontracting. 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.

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