Attachment 5 - DRAFT Contract CLINs and Clauses Amended.pdf
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- Endless Forge
- Solicitation number
- FA2394-26-R-B003
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This is an Amendment of Solicitation/Modification of Contract (Standard Form 30) issued by the U.S. Air Force Air Force Research Laboratory (AFRL) at Wright-Patterson Air Force Base, Ohio. Amendment 0001 is effective May 1, 2026, and modifies solicitation FA239426RB003 dated February 20, 2026. The amendment updates the clauses, provisions, and deviations section of the solicitation without extending the offer receipt deadline. Offerors must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation, either by completing items 8 and 15 and returning one copy, by acknowledging receipt on each copy of the offer submitted, or by separate letter or electronic communication referencing the solicitation and amendment numbers.
The amendment implements comprehensive updates to contract clauses organized across multiple sections. Section I (Contract Clauses) adds 40 FAR clauses under Deviation 2026-O0038, including clauses on reporting executive compensation, System for Award Management maintenance, contractor responsibility matters, small business subcontracting, labor standards, equal opportunity, cost accounting standards, disputes, and changes management. Key additions include FAR 52.216-7 (Allowable Cost and Payment), 52.219-28 (Postaward Small Business Program Rerepresentation), 52.222-2 (Payment for Overtime Premiums at $0), 52.243-7 (Notification of Changes), and various labor and compliance clauses. Section K (Representations, Certifications, & Other Statements) adds FAR 52.209-7 (Information Regarding Responsibility Matters) and FAR 52.229-11 (Tax on Certain Foreign Procurements–Notice and Representation). Section L (Instructions, Conditions, & Notices to Offerors) adds FAR 52.204-7 (System for Award Management-Registration), FAR 52.212-1 (Instructions to Offerors-Commercial Products and Commercial Services), and FAR 52.219-4 (Notice of Price Evaluation Preference for HUBZone Small Business Concerns). The amendment removes the same clauses without the Deviation designation, essentially replacing the prior versions with updated deviation-marked versions effective February 2026 and April 2026.
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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE
U
2. AMENDMENT/MODIFICATION NUMBER
3. EFFECTIVE DATE
01 May 2026
4. REQUISITION/PURCHASE
REQUISITION NUMBER
5. PROJECT NUMBER (if applicable)
6. ISSUED BY CODE FA2394
FA2394 USAF AFMC AFRL PZL AFRL RXKM
BLDG 45 CP 937 713 9906, 2130 8TH ST
WRIGHT PATTERSON AFB, OH 45433-7541
UNITED STATES
Marina Papayanki, Email: marina.papayanki@us.af.mil Telephone: 3856352745 TRAVIS CAUDILL, Email: travis.caudill@us.af.mil Telephone: 9377139971
7. ADMINISTERED BY (if other than Item 6)
CODE
SCD: PAS:
8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code)
CODE: FACILITY CODE:
9A. AMENDMENT OF SOLICITATION NUMBER
FA239426RB003
9B. DATED (SEE ITEM 11)
20 Feb 2026
10A. MODIFICATION OF CONTRACT/ORDER
NUMBER
10B. DATED (SEE ITEM 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; 1 or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (if required) See Section G - Contract Administration Data
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.
CHECK
ONE
A.THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NUMBER IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.)
SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
Updating the clauses/provisions/deviations section.
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
15B. CONTRACTOR/OFFEROR
(Signature of person authorized to sign)
15C. DATE SIGNED 16B. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
16C. DATE SIGNED
Computer generated. Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA-FAR (48 CFR) 53.243
Created On:
04 May 2026, 14:11 PM Eastern Daylight Time
SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
Section I - Contract Clauses
Additional Regulation or Supplemental Clauses Incorporated by Full Text
The following Clause(s) were added:
FAR Clauses Incorporated by Reference
Number Title Effective Date Alternate/ Deviation
Variation Effective
Date 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (Deviation 2026-O0038) Feb 2026 52.204-13 System for Award Management-Maintenance. (Deviation 2026-O0038) Feb 2026 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026-O0038) Feb 2026 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (Deviation 2026-O0038) Feb 2026 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (Deviation 2026-O0038) Feb 2026 52.210-1 Market Research. (Deviation 2026-O0038) Feb 2026 52.215-2 Audit and Records-Negotiation. (Deviation 2026-O0038) Feb 2026 52.215-8 Order of Precedence-Uniform Contract Format. (Deviation 2026-O0038) Feb 2026 52.215-23 Limitations on Pass-Through Charges. (Deviation 2026-O0038) Feb 2026 52.219-8 Utilization of Small Business Concerns. (Deviation 2026-O0038) Feb 2026 52.219-9 Small Business Subcontracting Plan. (Deviation 2026-O0038) Feb 2026 52.219-16 Liquidated Damages-Subcontracting Plan. (Deviation 2026-O0038) Feb 2026 52.222-3 Convict Labor. (Deviation 2026-O0038) Feb 2026 52.222-35 Equal Opportunity for Veterans. (Deviation 2026-O0038) Feb 2026 52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026-O0038) Feb 2026 52.222-37 Employment Reports on Veterans. (Deviation 2026-O0038) Feb 2026 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Deviation 2026-O0038) Feb 2026 52.222-41 Service Contract Labor Standards. (Deviation 2026-O0038) Feb 2026 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment. (Deviation 2026-
O0038) Feb 2026 52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038) Feb 2026 52.222-54 Employment Eligibility Verification. (Deviation 2026-O0038) Feb 2026 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. (Deviation 2026-O0038) Feb 2026 52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation 2026-O0038) Feb 2026 52.222-90 Addressing DEI Discrimination by Federal Contractors. (Deviation 2026-O0038) Apr 2026 52.223-23 Sustainable Products. (Deviation 2026-O0038) Feb 2026 52.230-2 Cost Accounting Standards. (Deviation 2026-O0038) Feb 2026 52.230-6 Administration of Cost Accounting Standards. (Deviation 2026-O0038) Feb 2026 52.232-20 Limitation of Cost. (Deviation 2026-O0038) Feb 2026 52.232-22 Limitation of Funds. (Deviation 2026-O0038) Feb 2026 52.233-1 Disputes. (Deviation 2026-O0038) Feb 2026 52.233-3 Protest after Award. (Deviation 2026-O0038) Feb 2026 52.233-3 Protest after Award. (Deviation 2026-O0038) (Alternate I) Feb 2026 Alternate I Feb 2026 52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026-O0038) Feb 2026 52.242-3 Penalties for Unallowable Costs. (Deviation 2026-O0038) Feb 2026 52.243-2 Changes-Cost-Reimbursement. (Deviation 2026-O0038) Feb 2026 52.243-2 Changes-Cost-Reimbursement. (Deviation 2026-O0038) (Alternate V) Feb 2026 Alternate V Feb 2026 52.243-6 Change Order Accounting. (Deviation 2026-O0038) Feb 2026 52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038) Apr 2026
FAR Clauses Incorporated by Full Text 52.216-7 Allowable Cost and Payment. (Deviation 2026-O0038) (Feb 2026)
ALLOWABLE COST AND PAYMENT (FEB 2026) (DEVIATION 2026-O0038)
Invoicing.(a) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often (1) than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.
(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25.
(3) The designated payment office will make interim payments for contract financing on the [Contracting Officer insert day as prescribed by agency head; if not ____ prescribed, insert "30th"] day after the designated billing office receives a proper payment request. In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.
FA239426RB0030001
Reimbursing costs.(b) For the purpose of reimbursing allowable costs (except as provided in paragraph (b)(2) of this clause, with respect to pension, deferred profit (1) sharing, and employee stock ownership plan contributions), the term "costs" includes only-
(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract;
(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for-
(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made-
(1) In accordance with the terms and conditions of a subcontract or invoice; and
(2) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government;
(B) Materials issued from the Contractor's inventory and placed in the production process for use on the contract;
(C) Direct labor;
(D) Direct travel;
(E) Other direct in-house costs; and
(F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and
(iii) The amount of financing payments that have been paid by cash, check, or other forms of payment to subcontractors.
(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless-
(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and
(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for payment purposes).
(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) of this clause.
(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause.
(c) . A small business concern may receive more frequent payments than every 2 weeks.Small business concerns
Final indirect cost rates.(d) Final annual indirect cost rates and the appropriate bases shall be established in accordance with subpart 42.7 of the Federal Acquisition (1) Regulation (FAR) in effect for the period covered by the indirect cost rate proposal. (2) The Contractor shall submit an adequate final indirect cost rate proposal to the (i)
Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall support its proposal with adequate supporting data.
(ii) The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriate Government representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor's proposal.
(iii) An adequate indirect cost rate proposal shall include the following data unless otherwise specified by the cognizant Federal agency official:
(A) Summary of all claimed indirect expense rates, including pool, base, and calculated indirect rate.
(B) . Schedule of claimed expenses by element of cost as identified in accounting records (Chart of General and Administrative expenses (final indirect cost pool) Accounts).
(C) . Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) for each final Overhead expenses (final indirect cost pool) indirect cost pool.
(D) . Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) and Occupancy expenses (intermediate indirect cost pool) expense reallocation to final indirect cost pools.
(E) Claimed allocation bases, by element of cost, used to distribute indirect costs.
(F) Facilities capital cost of money factors computation.
(G) Reconciliation of books of account ( , General Ledger) and claimed direct costs by major cost element.i.e.
(H) Schedule of direct costs by contract and subcontract and indirect expense applied at claimed rates, as well as a subsidiary schedule of Government participation percentages in each of the allocation base amounts.
(I) Schedule of cumulative direct and indirect costs claimed and billed by contract and subcontract.
(J) . Listing of subcontracts awarded to companies for which the contractor is the prime or upper-tier contractor (include prime and subcontract Subcontract information numbers; subcontract value and award type; amount claimed during the fiscal year; and the subcontractor name, address, and point of contact information).
(K) Summary of each time-and-materials and labor-hour contract information, including labor categories, labor rates, hours, and amounts; direct materials; other direct costs; and, indirect expense applied at claimed rates.
(L) Reconciliation of total payroll per IRS form 941 to total labor costs distribution.
(M) Listing of decisions/agreements/approvals and description of accounting/organizational changes.
(N) Certificate of final indirect costs (see 52.242-4, Certification of Final Indirect Costs).
(O) Contract closing information for contracts physically completed in this fiscal year (include contract number, period of performance, contract ceiling amounts, contract fee computations, level of effort, and indicate if the contract is ready to close).
(iv) The following supplemental information is not required to determine if a proposal is adequate, but may be required during the audit process:
(A) Comparative analysis of indirect expense pools detailed by account to prior fiscal year and budgetary data.
(B) General organizational information and limitation on allowability of compensation for certain contractor personnel. See 31.205-6(p).
(C) Identification of prime contracts under which the contractor performs as a subcontractor.
(D) Description of accounting system (excludes contractors required to submit a CAS Disclosure Statement or contractors where the description of the accounting system has not changed from the previous year's submission).
(E) Procedures for identifying and excluding unallowable costs from the costs claimed and billed (excludes contractors where the procedures have not changed from the previous year's submission).
(F) Certified financial statements and other financial data ( , trial balance, compilation, review, ).e.g. etc.
(G) Management letter from outside CPAs concerning any internal control weaknesses.
(H) Actions that have been and/or will be implemented to correct the weaknesses described in the management letter from subparagraph (G) of this section.
(I) List of all internal audit reports issued since the last disclosure of internal audit reports to the Government.
(J) Annual internal audit plan of scheduled audits to be performed in the fiscal year when the final indirect cost rate submission is made.
(K) Federal and State income tax returns.
(L) Securities and Exchange Commission 10-K annual report.
(M) Minutes from board of directors meetings.
(N) Listing of delay claims and termination claims submitted which contain costs relating to the subject fiscal year.
(O) Contract briefings, which generally include a synopsis of all pertinent contract provisions, such as: contract type, contract amount, product or service(s) to be provided, contract performance period, rate ceilings, advance approval requirements, pre-contract cost allowability limitations, and billing limitations.
(v) The Contractor shall update the billings on all contracts to reflect the final settled rates and update the schedule of cumulative direct and indirect costs claimed and billed, as required in paragraph (d)(2)(iii)(I) of this section, within 60 days after settlement of final indirect cost rates.
(3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates. The understanding shall specify (i) the agreed-upon final annual indirect cost rates, (ii) the bases to which the rates apply, (iii) the periods for which the rates apply, (iv) any specific indirect cost items treated as direct costs in the settlement, and (v) the affected contract and/or subcontract, identifying any with advance agreements or special terms and the applicable rates. The understanding shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract. The understanding is incorporated into this contract upon execution.
(4) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of the Disputes clause.
(5) Within 120 days (or longer period if approved in writing by the Contracting Officer) after settlement of the final annual indirect cost rates for all years of a physically complete contract, the Contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates. The completion invoice or voucher shall include settled subcontract amounts and rates. The prime contractor is responsible for settling subcontractor amounts and rates included in the completion invoice or voucher and providing status of subcontractor audits to the contracting officer upon request.
(6) If the Contractor fails to submit a completion invoice or voucher within the time specified in paragraph (d)(5) of this clause, the Contracting Officer may-(i)
(A) Determine the amounts due to the Contractor under the contract; and
(B) Record this determination in a unilateral modification to the contract.
(ii) This determination constitutes the final decision of the Contracting Officer in accordance with the Disputes clause.
(e) . Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Billing rates Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established. These billing rates-
(1) Shall be the anticipated final rates; and
(2) May be prospectively or retroactively revised by mutual agreement, at either party's request, to prevent substantial overpayment or underpayment.
(f) . Quick-closeout procedures are applicable when the conditions in FAR 42.708(a) are satisfied.Quick-closeout procedures
(g) . At any time or times before final payment, the Contracting Officer may have the Contractor's invoices or vouchers and statements of cost audited. Any Audit payment may be-
(1) Reduced by amounts found by the Contracting Officer not to constitute allowable costs; or
(2) Adjusted for prior overpayments or underpayments.
Final payment.(h) Upon approval of a completion invoice or voucher submitted by the Contractor in accordance with paragraph (d)(5) of this clause, and upon the (1) Contractor's compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid.
(2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by the Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been reimbursed by the Government.
Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the Contracting Officer.
Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver-
(i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and
(ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except-
(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known;
(B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract; provided, that the claims are not known to the Contractor on the date of the execution of the release, and that the Contractor gives notice of the claims in writing to the Contracting Officer within 6 years following the release date or notice of final payment date, whichever is earlier; and
(C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the Contractor under the patent clauses of this contract, excluding, however, any expenses arising from the Contractor's indemnification of the Government against patent liability.
(End of clause)
52.219-28 Postaward Small Business Program Rerepresentation. (Deviation 2026-O0038) (Feb 2026)
POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 2026) (DEVIATION 2026-O0038)
(a) . As used in this clause-Definitions
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern-
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.
(2) , as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or Affiliates parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
(b) If the Contractor represented that it was a small business concern, a small disadvantaged business concern, or a joint venture that was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts-
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
(d) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-
(1) Was set aside for small business and has a value above the simplified acquisition threshold;
(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or
(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation(s) required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it is, is not a small business concern under NAICS Code assigned to contract number.____ ____
(2) [ .] The Contractor represents that it is, is not, Complete only if the Contractor represented itself as a small business concern in paragraph (g)(1) of this clause a small disadvantaged business concern as defined in .13 CFR 124.1001
(3) . The Contractor represents that it is, is not a joint venture that Women-owned small business (WOSB) joint venture eligible under the WOSB Program complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: ____
(4) . The Contractor represents that it is, is not a joint venture that complies Economically disadvantaged women-owned small business (EDWOSB) joint venture with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __ .]____
(5) . The Contractor represents that it is, is not an Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The Contractor shall enter the name and unique ____ entity identifier of each party to the joint venture: __.]
(6) [ ] The offeror represents, as part of HUBZone joint venture eligible under the HUBZone Program. Complete only if the offeror is a HUBZone small business concern.
its offer, that It is, is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The Contractor shall enter the name ____ and unique entity identifier of each party to the joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern. [ Contractor to sign and date and insert authorized signer's name and title.] ____
(End of clause)
52.222-2 Payment for Overtime Premiums. (Deviation 2026-O0038) (Feb 2026)
PAYMENT FOR OVERTIME PREMIUMS (FEB 2026) (DEVIATION 2026-O0038)
(a) The use of overtime is authorized under this contract if the overtime premium cost does not exceed * or the overtime premium is paid for work-____
(1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature;
(2) By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting;
(3) To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or
(4) That will result in lower overall costs to the Government.
(b) Any request for estimated overtime premiums that exceeds the amount specified above must include all estimated overtime for contract completion and must-
(1) Identify the work unit; department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the e.g., affected unit sufficient to permit the Contracting Officer to evaluate the necessity for the overtime;
(2) Demonstrate the effect that denial of the request will have on the contract delivery or performance schedule;
(3) Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and
(4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel.
* Insert either "zero" or the dollar amount agreed to during negotiations.
(End of clause)
52.243-7 Notification of Changes. (Deviation 2026-O0038) (Feb 2026)
NOTIFICATION OF CHANGES (FEB 2026) (DEVIATION 2026-O0038)
(a) Definitions.
Contracting Officer, as used in this clause, does not include any representative of the Contracting Officer.
Specifically Authorized Representative (SAR), as used in this clause, means any person the Contracting Officer has designated by written notice (a copy shall be provided to the Contractor) that shall refer to this subparagraph and shall be issued to the designated representative before the SAR exercises such authority.
(b) The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Notice.
Except for changes identified in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing promptly, within
(to be negotiated) calendar days from the date that the Contractor identifies any Government conduct that the Contractor regards as a change to the contract terms ____ and conditions. Examples of conduct that may be regarded as a change to terms and conditions include actions, inactions, and written or oral communications. On the basis of the most accurate information available to the Contractor, the notice shall state-
(1) The date, nature, and circumstances of the conduct regarded as a change;
(2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;
(3) The identification of any documents and the substance of any oral communication involved in such conduct;
(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;
(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including-
(i) What line items have been or may be affected by the alleged change;
(ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;
(iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change;
(iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and
(6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay or disruption of performance.
(c) Following submission of the notice required by paragraph (b) of this clause, the Contractor shall diligently continue performance of this Continued performance.
contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance. However, if the Contractor regards the direction or communication as a change as described in paragraph (b) of this clause, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing promptly and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall promptly countermand any action which exceeds the authority of the SAR.
(d) The Contracting Officer shall promptly, within (to be negotiated) calendar days after receipt of notice, respond to the notice in writing. In Government response. ____ responding, the Contracting Officer shall either-
(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance;
(2) Countermand any communication regarded as a change;
(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or
(4) In the event the Contractor's notice information is inadequate to make a decision under (1), (2), or (3) of paragraph (d) of this clause, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.
.(e) Equitable adjustments If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an (1) increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made-
(i) In the contract price or delivery schedule or both; and
(ii) In such other provisions of the contract as may be affected.
(2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor's failure to provide notice or to continue performance as provided, respectively, in paragraphs(b) and (c) of this clause.
Note: The phrases contract price and cost wherever they appear in the clause, may be appropriately modified to apply to cost-reimbursement or incentive contracts, or to combinations thereof.
(End of clause)
The following Clause(s) were deleted:
FAR Clauses Incorporated by Reference
Number Title Effective Date Alternate/ Deviation
Variation Effective
Date 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (Deviation) Feb 2026 52.204-13 System for Award Management-Maintenance. (Deviation) Feb 2026 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation) Feb 2026 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (Deviation) Feb 2026 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (Deviation) Feb 2026 52.210-1 Market Research. (Deviation) Feb 2026 52.215-2 Audit and Records-Negotiation. (Deviation) Feb 2026 52.215-8 Order of Precedence-Uniform Contract Format. (Deviation) Feb 2026 52.215-23 Limitations on Pass-Through Charges. (Deviation) Feb 2026 52.219-8 Utilization of Small Business Concerns. (Deviation) Feb 2026 52.219-9 Small Business Subcontracting Plan. (Deviation) Feb 2026 52.219-16 Liquidated Damages-Subcontracting Plan. (Deviation) Feb 2026 52.222-3 Convict Labor. (Deviation) Feb 2026
52.222-35 Equal Opportunity for Veterans. (Deviation) Feb 2026 52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation) Feb 2026 52.222-37 Employment Reports on Veterans. (Deviation) Feb 2026 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Deviation) Feb 2026 52.222-41 Service Contract Labor Standards. (Deviation) Feb 2026 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment. (Deviation) Feb 2026 52.222-50 Combating Trafficking in Persons. (Deviation) Feb 2026 52.222-54 Employment Eligibility Verification. (Deviation) Feb 2026 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. (Deviation) Feb 2026 52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation) Feb 2026 52.223-23 Sustainable Products. (Deviation) Feb 2026 52.230-2 Cost Accounting Standards. (Deviation) Feb 2026 52.230-6 Administration of Cost Accounting Standards. (Deviation) Feb 2026 52.232-20 Limitation of Cost. (Deviation) Feb 2026 52.232-22 Limitation of Funds. (Deviation) Feb 2026 52.233-1 Disputes. (Deviation) Feb 2026 52.233-3 Protest after Award. (Deviation) Feb 2026 52.233-3 Protest after Award. (Deviation) (Alternate I) Feb 2026 Alternate I Feb 2026 52.233-4 Applicable Law for Breach of Contract Claim. (Deviation) Feb 2026 52.242-3 Penalties for Unallowable Costs. (Deviation) Feb 2026 52.243-2 Changes-Cost-Reimbursement. (Deviation) Feb 2026 52.243-2 Changes-Cost-Reimbursement. (Deviation) (Alternate V) Feb 2026 Alternate V Feb 2026 52.243-6 Change Order Accounting. (Deviation) Feb 2026 52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation) Feb 2026
FAR Clauses Incorporated by Full Text 52.216-7 Allowable Cost and Payment. (Deviation) (Feb 2026)
ALLOWABLE COST AND PAYMENT (FEB 2026) (DEVIATION)
Invoicing.(a) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often (1) than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.
(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25.
(3) The designated payment office will make interim payments for contract financing on the [Contracting Officer insert day as prescribed by agency head; if not 30th prescribed, insert "30th"] day after the designated billing office receives a proper payment request. In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.
Reimbursing costs.(b) For the purpose of reimbursing allowable costs (except as provided in paragraph (b)(2) of this clause, with respect to pension, deferred profit (1) sharing, and employee stock ownership plan contributions), the term "costs" includes only-
(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract;
(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for-
(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made-
(1) In accordance with the terms and conditions of a subcontract or invoice; and
(2) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government;
(B) Materials issued from the Contractor's inventory and placed in the production process for use on the contract;
(C) Direct labor;
(D) Direct travel;
(E) Other direct in-house costs; and
(F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and
(iii) The amount of financing payments that have been paid by cash, check, or other forms of payment to subcontractors.
(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless-
(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and
(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for payment purposes).
(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) of this clause.
(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause.
(c) . A small business concern may receive more frequent payments than every 2 weeks.Small business concerns
Final indirect cost rates.(d) Final annual indirect cost rates and the appropriate bases shall be established in accordance with subpart 42.7 of the Federal Acquisition (1) Regulation (FAR) in effect for the period covered by the indirect cost rate proposal. (2) The Contractor shall submit an adequate final indirect cost rate proposal to the (i)
Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall support its proposal with adequate supporting data.
(ii) The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriate Government representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor's proposal.
(iii) An adequate indirect cost rate proposal shall include the following data unless otherwise specified by the cognizant Federal agency official:
(A) Summary of all claimed indirect expense rates, including pool, base, and calculated indirect rate.
(B) . Schedule of claimed expenses by element of cost as identified in accounting records (Chart of General and Administrative expenses (final indirect cost pool) Accounts).
(C) . Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) for each final Overhead expenses (final indirect cost pool) indirect cost pool.
(D) . Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) and Occupancy expenses (intermediate indirect cost pool) expense reallocation to final indirect cost pools.
(E) Claimed allocation bases, by element of cost, used to distribute indirect costs.
(F) Facilities capital cost of money factors computation.
(G) Reconciliation of books of account ( , General Ledger) and claimed direct costs by major cost element.i.e.
(H) Schedule of direct costs by contract and subcontract and indirect expense applied at claimed rates, as well as a subsidiary schedule of Government participation percentages in each of the allocation base amounts.
(I) Schedule of cumulative direct and indirect costs claimed and billed by contract and subcontract.
(J) . Listing of subcontracts awarded to companies for which the contractor is the prime or upper-tier contractor (include prime and subcontract Subcontract information numbers; subcontract value and award type; amount claimed during the fiscal year; and the subcontractor name, address, and point of contact information).
(K) Summary of each time-and-materials and labor-hour contract information, including labor categories, labor rates, hours, and amounts; direct materials; other direct costs; and, indirect expense applied at claimed rates.
(L) Reconciliation of total payroll per IRS form 941 to total labor costs distribution.
(M) Listing of decisions/agreements/approvals and description of accounting/organizational changes.
(N) Certificate of final indirect costs (see 52.242-4, Certification of Final Indirect Costs).
(O) Contract closing information for contracts physically completed in this fiscal year (include contract number, period of performance, contract ceiling amounts, contract fee computations, level of effort, and indicate if the contract is ready to close).
(iv) The following supplemental information is not required to determine if a proposal is adequate, but may be required during the audit process:
(A) Comparative analysis of indirect expense pools detailed by account to prior fiscal year and budgetary data.
(B) General organizational information and limitation on allowability of compensation for certain contractor personnel. See 31.205-6(p).
(C) Identification of prime contracts under which the contractor performs as a subcontractor.
(D) Description of accounting system (excludes contractors required to submit a CAS Disclosure Statement or contractors where the description of the accounting system has not changed from the previous year's submission).
(E) Procedures for identifying and excluding unallowable costs from the costs claimed and billed (excludes contractors where the procedures have not changed from the previous year's submission).
(F) Certified financial statements and other financial data ( , trial balance, compilation, review, ).e.g. etc.
(G) Management letter from outside CPAs concerning any internal control weaknesses.
(H) Actions that have been and/or will be implemented to correct the weaknesses described in the management letter from subparagraph (G) of this section.
(I) List of all internal audit reports issued since the last disclosure of internal audit reports to the Government.
(J) Annual internal audit plan of scheduled audits to be performed in the fiscal year when the final indirect cost rate submission is made.
(K) Federal and State income tax returns.
(L) Securities and Exchange Commission 10-K annual report.
(M) Minutes from board of directors meetings.
(N) Listing of delay claims and termination claims submitted which contain costs relating to the subject fiscal year.
(O) Contract briefings, which generally include a synopsis of all pertinent contract provisions, such as: contract type, contract amount, product or service(s) to be provided, contract performance period, rate ceilings, advance approval requirements, pre-contract cost allowability limitations, and billing limitations.
(v) The Contractor shall update the billings on all contracts to reflect the final settled rates and update the schedule of cumulative direct and indirect costs claimed…
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